Brigetta D'Olivio v. Hilary Thompson Hutson
DueProcess
Did the lower court violate Petitioner's right to due process and equal protection
QUESTIONS PRESENTED 1. Did the lower court violate Petitioner’s right to due process and equal protection of the law under the Fourteenth Amendment by: a. Hearing and deciding the case when it lacked subject matter jurisdiction under Texas Government Code §27.031(b)(4) and Texas Estates Code §1022.005(a); §1022.005 (b); §32.005(a): : b. When the District Court’s final judgment upon which Respondent predicated her suit to evict, and upon which the lower court relied, was rendered without the District Court having subject matter jurisdiction to render its final judgment under Texas Estates Code §1022.001(a); §1022.002(c) & (d); §1022.005(a) & (b); §1022.006; §32.005(a); §32.007; the Texas Government Code §27.031(a)(2); and the Texas Constitution Article V, §8 and §10. c. When it failed to conduct the mandatory trial de novo as required under Article V, §16 of the Texas Constitution and Rule 510.10(c) of the Texas Rules of Civil Procedure; and ! d. When Petitioner was deprived of adequate Notice as required under Texas Property Code §24.005 and §24.005(g). 2. 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, that such a departure violated Petitioner’s right to due process and equal protection of the law under the Fourteenth Amendment to the U.S. Constitution, thereby also violating Petitioner’s First Amendment rights. 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