No. 23A99

Brigetta D'Olivio v. Hilary Thompson Hutson

Lower Court: Texas
Docketed: 2023-08-03
Status: Presumed Complete
Type: A
Tags: due-process equal-protection probate-proceeding property-dispute subject-matter-jurisdiction trial-de-novo
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a state trial court violated the Fourteenth Amendment's Due Process and Equal Protection Clauses by exercising jurisdiction over a property dispute that was the subject of a pending probate proceeding, without conducting a mandatory trial de novo, and without proper notice, thereby also implicating First Amendment rights

Question Presented (OCR Extract)

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 Applicant’s right to due process and equal protection of the law under the Fourteenth Amendment to the U.S. Constitution, thereby also violating Applicant’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. 1. Did the lower court violate Applicant’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 under §1022.005(a) & (b); §32.005(a) of the Texas Estates Code? 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 hear the trespass to try title case and to render its final judgment under Texas Est. Code §1022.001(a); §1022.002(c) & (d); §1022.005; §1022.006; §32.005(a) & (b); §32.007, and the Texas Constitution Article V, §8; c. When it failed to conduct the mandatory trial de novo as required under Article V, §1 of the Texas Constitution and Rule 510.10(c) of the Texas Rules of Civil Procedure; and d. When Applicant was deprived of adequate Notice as required under Texas Property Code §24.005 and §24.005(g). 2. In rendering its final judgment, did the lower court violate Applicant’s right to due process and equal protection of the law under the Fourteenth Amendment when the issue of the subject property is a matter in the Probate Proceeding pending in the Collin County Statutory Probate Court; where Applicant made demand for a jury trial under Article V, §10 of the Texas Constitution, and where said Demand For A Jury Trial is filed in the pending Probate Proceeding?

Docket Entries

2023-10-02
Application (23A99) denied by the Court.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-09-06
Application (23A99) referred to the Court.
2023-08-11
Application (23A99) refiled and submitted to Justice Thomas.
2023-08-04
Application (23A99) denied by Justice Alito.
2023-08-02
Supplemental Brief filed.
2023-07-27
Supplemental Brief filed.
2023-07-20
Application (23A99) for a stay, submitted to Justice Alito.

Attorneys

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