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Daniel H. Alexander v. Bayview Loan Servicing, LLC

Paid petition · Supreme Court of Florida, No. SC18-624 · judgment May 3, 2018


Certiorari denied · January 7, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the Florida Supreme Court and the Third District Court of Appeal of Florida (“the Third DCA”) violated the due process protections of the 5th and 14th Amendments to the U. S. Constitution by allowing the Third DCA to block the Florida Supreme Court from reviewing an arbitrary and capricious per curiam affirmance (“PCA”) of a final judgment of foreclosure procured using false evidence in an unconscionable scheme to defraud the courts, the federal regulators and the U.S. Department of Justice that violated the $25 Billion National Mortgage Settlement by the continued use of fraudulent evidence in foreclosures? Whether the Florida Supreme Court and the Third District Court of Appeal of Florida violated the due process protections of the 5th and 14th amendments to the U.S. Constitution by refusing to grant disqualification when there are objective reasons to question its impartiality in foreclosure appeals raising this same fraudulent misconduct?  i 

Counsel of record

For petitioner
Bruce Jacobs
Jacobs Legal, PLLC

For respondent
Mary Josephine Walter
Liebler, Gonzalez & Portuondo

Case

Conference history
Distributed for 2 conferences

Linked docket
18A95

Proceedings

  1. Feb 25 2019
    Rehearing DENIED.
  2. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  3. Feb 01 2019
    Petition for Rehearing filed.
  4. Jan 07 2019
    Petition DENIED.
  5. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  6. Nov 19 2018
    Brief of respondent Bayview Loan Servicing, LLC in opposition filed. (11/21/2018)
  7. Oct 23 2018
    Motion to extend the time to file a response is granted and the time is extended to and including November 21, 2018.
  8. Oct 22 2018
    Brief of Bayview Loan Servicing, LLC in opposition not accepted for filing. (November 26, 2018)(Corrected version submitted)
  9. Oct 19 2018
    Motion to extend the time to file a response from October 22, 2018 to November 21, 2018, submitted to The Clerk.
  10. Sep 21 2018
    Petition for a writ of certiorari filed. (Response due October 22, 2018)
  11. Aug 01 2018
    Application (18A95) granted by Justice Thomas extending the time to file until September 21, 2018.
  12. Jul 23 2018
    Application (18A95) to extend the time to file a petition for a writ of certiorari from August 1, 2018 to September 21, 2018, submitted to Justice Thomas.