No. 22-825

James K. Collins v. D.R. Horton-Texas Limited

Lower Court: Fifth Circuit
Docketed: 2023-03-01
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: due-process federal-courts federal-procedure fourteenth-amendment personal-jurisdiction res-judicata rule-60 supremacy-clause takings
Key Terms:
DueProcess Patent
Latest Conference: 2023-05-11 (distributed 2 times)
Question Presented (AI Summary)

Can a judgment of a court that lacked personal jurisdiction be the basis for taking property?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Fourteenth Amendment protects citizens against takings of property without due process. Due process includes, at a minimum, personal jurisdiction, notice, and an opportunity to be heard. Can a judgment of a court that undisputedly lacked personal jurisdiction over a citizen nevertheless be the sole basis for taking his real property? Under the Supremacy Clause, federal courts have final authority to determine the constitutionality of statutes and their own court actions, and this Court holds that Fed. R. Civ. P. 60 vests sole authority to revisit the judgment of a federal court in the originating federal court. Could the actions of a state court or a res judicata holding estop a citizen from bringing a suit to vacate a federal judgment—void for want of personal jurisdiction—in the originating federal court? Circuit courts are irreconcilably split on this issue.

Docket Entries

2023-05-15
Rehearing DENIED.
2023-04-25
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-03-02
Waiver of right of respondent D.R. Horton-Texas, Ltd. to respond filed.
2023-02-27
Petition for a writ of certiorari filed. (Response due March 31, 2023)

Attorneys

D.R. Horton-Texas, Ltd.
Ben A. Baring Jr.DeLange Hudspeth, Respondent
James K. Collins, M.D.
Toni Sharretts CollinsLaw Office of Toni L. Sharretts Collins, Petitioner