No. 22-5041

Bradley B. Miller v. Virginia Talley Dunn

Lower Court: Texas
Docketed: 2022-07-06
Status: Dismissed
Type: IFP
IFP
Tags: attorney-fees bias civil-procedure constitutional-rights due-process fraud motion-to-dismiss texas-rules-civil-procedure trial-court-judgment void-judgment want-of-prosecution
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the trial court judgments were the result of fraud, and are thus void; and whether such a judgment violates Due Process

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Whether the trial court judgments were the result of fraud, and are thus void; and whether such a judgment violates Due Process. 2) Whether the trial court judgments were the result of bias, and are thus void; and whether such a judgment violates Due Process. 3) Whether dismissal for want of prosecution (if that was the trial court’s ruling) was improper under TRCP 165a.1 because Miller never missed a hearing in the trial court. , 4) Whether Dunn’s Motion to Dismiss violated TRCP 91a.3 because it was not filed within 60 days of service of the first document on the movant. 5) Whether Dunn’s Motion to Dismiss violated TRCP 91a.2 because it failed to state that it was filed under TRCP Rule 91a. 6) Whether hearing on Dunn’s Motion to Dismiss violated TRCP 91a.3(b) because it was heard before 21 days had elapsed after filing. 7) Whether the trial court erred in granting Dunn’s Motion to Dismiss because TRCP Rule 91a.1 explicitly precludes the filing of such motions in cases brought under the Texas Family Code. 8) Whether the trial court erred in granting Dunn’s Motion to Dismiss, given Dunn’s numerous violations of TRCP Rule 91a. 9) Whether the trial court’s levy of attorney’s fees against Miller represents a violation of Miller's constitutional rights to Due Process and freedom from excessive fines, and thus whether the trial court erred in imposing this levy. 10) Whether the Texas requirement that a bill of review be filed in the same court that issued a prior ruling represents a clear violation of Due Process. i

Docket Entries

2022-10-03
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2022)

Attorneys

Bradley B. Miller
Bradley B. Miller — Petitioner
Bradley B. Miller — Petitioner