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Oscar O. Ozfidan v. Pamela L. Ozfidan

Paid petition · Supreme Court of Virginia, No. 170205 · judgment May 16, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

There is no statutory authority in Virginia to empower the trial court to award Ms. Ozfidan spousal support, an in personam judgment, based on my motion. Also, there is no rule of civil procedure or a precedent that could lead to such conclusion. On the contrary, Virginia's statues, pleading rules as well as multiple binding precedents make it clear that it is and has always been the recipient spouse who must have a valid pleading before the court. Thus, the question presented is: Did granting of the spousal support award to Ms. Ozfidan based on my Motion to Decree Spousal Support violate the due process and equal protection clauses of the constitution?

Counsel of record

For petitioner
Oscar O. Ozfidan

For respondent
Misty Whitehead
Whitehead & Graves, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 21 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 08 2018
    Waiver of right of respondent Pamela L. Ozfidan to respond filed.
  4. Dec 15 2017
    Petition for a writ of certiorari filed. (Response due February 8, 2018)