No. 23-350

Brigetta D'Olivio, aka Brigetta Alix Anderson, aka Alix Brigetta v. Hilary Thompson Hutson

Lower Court: Texas
Docketed: 2023-10-03
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure discovery due-process equal-protection forcible-detainer fourteenth-amendment subject-matter-jurisdiction summary-judgment
Key Terms:
DueProcess
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the lower court violated the petitioner's due process and equal protection rights under the Fourteenth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the lower court violate Petitioner’s right to due process and equal : protection of the law under the Fourteenth Amendment to the U.S. Constitution: a. By hearing and deciding the case when it lacked subject matter jurisdiction under §§1022.001(a); 1022.002(c)&(d); 1022.005(a)&(b); and 32.005(a) of the Texas Estates Code; and Art. V, §8 of the Texas Constitution; b. By issuing Forcible Detainer when it lacked jurisdiction under §27.031(a)(2) of the Texas Government Code; §24.004 of the Texas Property Code; and Rule 510.3 of the Texas Rules of Civil Procedure; c. By granting summary judgment to Respondent when Petitioner was deprived of adequate Notice and when Respondent failed and refused to serve Petitioner any motion for summary judgment as required under Rules 166a(c); 166a(i) of the Texas Rules of Civil Procedure; d. By denying Petitioner the right to conduct an 1yv discovery prior to rendering its , final judgment and by rendering its final judgment prior to Respondent having complied with the disclosure requirements under Rule 194.1 of the Texas Rules of Civil Procedure. e. By refusing to provide hearing dates and to hear and consider Petitioner’s pleadings, which were properly before the Court. ; 2. Where the lower court so far departed from in its obligation to pursue a course of legal proceedings according to applicable rules and principles for like cases, and where the Fifth District Court of Appeals sanctioned such a departure by the lower court, the Fifth District Court of Appeals’ Opinion is so clearly wrong as to call for an exercise of this Court’s supervising power. : ii

Docket Entries

2023-10-30
Petition DENIED.
2023-10-11
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
Waiver of right of respondent Hilary T. Hutson to respond filed.
2023-08-30

Attorneys

Brigetta D'Olivio
Brigetta D'Olivio — Petitioner
Brigetta D'Olivio — Petitioner
Hilary T. Hutson
Bruce David Cohen — Respondent
Bruce David Cohen — Respondent