No. 23-375

Brigetta D'Olivio v. Hilary Thompson Hutson

Lower Court: Texas
Docketed: 2023-10-10
Status: Denied
Type: Paid
Response Waived
Tags: due-process equal-protection fourteenth-amendment property-rights subject-matter-jurisdiction texas-constitution texas-estates-code texas-government-code trial-de-novo
Key Terms:
DueProcess
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Did the lower court violate Petitioner's right to due process and equal protection

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 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

Docket Entries

2023-11-20
Petition DENIED.
2023-11-01
DISTRIBUTED for Conference of 11/17/2023.
2023-10-23
Waiver of right of respondent Hilary Thompson Hutson to respond filed.
2023-10-04

Attorneys

Brigetta D'Olivio
Brigetta D'Olivio — Petitioner
Brigetta D'Olivio — Petitioner
Hilary Thompson Hutson
Bruce David Cohen — Respondent
Bruce David Cohen — Respondent