No. 23-5867

Anita Bryant v. Delaware County Treasurer, et al.

Lower Court: Indiana
Docketed: 2023-10-24
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: beneficiary-standing civil-procedure constitutional-notice due-process estate-jurisdiction jurisdiction notice probate probate-court property-interest standing tax-sale-notice
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-02-16 (distributed 3 times)
Question Presented (AI Summary)

Whether one trial court can assume jurisdiction of an estate property in the possession and jurisdiction of a separate trial probate court without a court order, or any notice to the estate and parties thereof?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Whether one trial court can assume jurisdiction of an estate property in the possession and jurisdiction of a separate trial probate court without a court order, or any notice to the estate and parties thereof? 2. Whether a Beneficiary/Heir has standing to object to a delinquent tax sale when the Delaware County Auditor/Treasurer's office failed to give proper constitutionally sufficient notice to the estate, and parties on record of the estate? 3. Whether a Beneficiary/Heir has standing to object to a delinquent tax sale of an estate’s property when they have a property interest, is an aggrieved person, and who has a personal stake in the outcome? ; 4. Whether a Beneficiary/Heir has standing to object to a delinquent tax sale of the estate’s property when an estate attorney misrepresents himself and gives the : appearance of collusion with the Personal Representative of an estate? 5. Whether a Beneficiary/Heir has standing to appeal a denial of an objection to a delinquent tax sale when a Motion to Intervene was not the basis for the objection denial in a lower Trial Court, as an Appellate Court held? : 6. Whether a Beneficiary/Heir has standing to appeal a denial of an objection in a . lower trial court to a delinquent tax sale if treated as a party on record? 7. Whether a Motion to Intervene requirement is waived if parties present no objections to court rules for intervention to the Objector at any time? , 8. Whether a Beneficiary/Heir has standing to object when the Personal Representative of the Estate fails to act on behalf of the Estate? 9. Whether the Personal Representative and/or the estate attorney be the only parties . that have standing to object to a delinquent tax sale, when the party on record are i the deceased parents, and not the estate? 10. Whether a delinquent tax sale would be null and void if the Delaware Auditor Treasurer’s office failed to provide the court with proof of the mailing of the Tax Delinquent Notice with the application for judgment and order for sale, as required for Burden of Proof?

Docket Entries

2024-02-20
Rehearing DENIED.
2024-01-10
DISTRIBUTED for Conference of 2/16/2024.
2024-01-08
Application (23A419) denied by the Court.
2023-12-26
Petition for Rehearing filed.
2023-12-11
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-06
Application (23A419) referred to the Court.
2023-11-27
Application (23A419) refiled and submitted to The Chief Justice.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-13
Application (23A419) denied by Justice Barrett.
2023-11-09
Waiver of right of respondent Delaware County Treasurer, et al. to respond filed.
2023-11-01
Application (23A419) for a stay, submitted to Justice Barrett.
2023-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)

Attorneys

Anita Bryant
Anita Bryant — Petitioner
Anita Bryant — Petitioner
Delaware County Treasurer, et al.
Danyel N. StrubleBrooke & Struble, P.C., Respondent
Danyel N. StrubleBrooke & Struble, P.C., Respondent