No. 23-906

April D. Gallop v. Cameron Bay Homeowner's Association

Lower Court: Virginia
Docketed: 2024-02-22
Status: Denied
Type: Paid
Tags: 14th-amendment due-process fourteenth-amendment fraud judicial-consistency judicial-integrity procedural-fairness subject-matter-jurisdiction void-judgment
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Can a state court constitutionally deny a Motion to Set Aside/Vacate a judgment acquired through fraud and a court lacking subject matter jurisdiction, potentially violating the 14th-amendment-due-process

Question Presented (from Petition)

QUESTIONS PRESENTED Petitioner contends that the Virginia state courts have erred by rejecting motions to correct void judgments related to debt disputes based on an illusory contract. Petitioner argues that this denial violates Fourteenth Amendment due process rights, which are fundamental to ensuring fair treatment under the law. The conflict arises from confrontations between homeowner associations and individual property owners, shedding light on broader questions surrounding legal jurisdiction and protecting individual rights within the judicial system. To bolster her argument, Petitioner draws upon established legal precedent, such as the case of United Student Aid Funds, Inc. v. Espinosa (2010), which provides insight into the nature of void judgments and their implications for due process rights. She advocates for equitable proceedings and the nullification of judgments issued outside the proper jurisdiction of the court. Moreover, this case underscores significant concerns regarding judicial consistency and coherence, particularly in matters related to jurisdictional disputes. The Court is thus faced with the delicate task of balancing the imperative of upholding procedural integrity with safeguarding individual rights, underscoring the enduring importance of constitutional principles in guiding legal decision-making processes. 1. Can a state court constitutionally deny a Motion to Set Aside/Vacate a judgment acquired through fraud and a court lacking subject matter jurisdiction, potentially violating the due process protections enshrined in the 14th Amendment? ii QUESTIONS PRESENTED -— Continued , 2. United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010) defines void judgment as a legal nullity and void judgment so affected by a fundamental infirmity that the infirmity may be raised even after the judgment becomes final. Are the lower court, the court of appeal, and the Supreme Court of Virginia violating due process rights under the 14th Amendment by failing to vacate void judgments? 3. To what extent, if any, does the denial of a Motion to vacate a void judgment issued outside the jurisdiction by state courts constitute a violation of 14th Amendment Due Process protection? 4. Is there a discernible and inconsistent disagreement among lower courts regarding the interpretation of crucial legal issues concerning the court’s jurisdiction when setting aside fraudulent and voided orders?

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-02-14
Petition for a writ of certiorari filed. (Response due March 25, 2024)

Attorneys

April D. Gallop
April D. Gallop — Petitioner
April D. Gallop — Petitioner