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Tiby J. Saunders-Gomez v. Rutledge Maintenance Corporation

Paid petition · Supreme Court of Delaware, No. 184, 2017 · judgment June 28, 2018


Certiorari denied · February 19, 2019
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

Whether it is a violation under the Constitution 5th and 14th Amendment Due Process and Equal Protection Under the Law Clauses that the Delaware Superior Court erred in asserting that the court had jurisdiction as "the claims were subject to the 20-year common law limitations period because the declaration was a recorded instrument under seal" in December 1991 while this action was first commenced in 2013 grossly exceeded the statute of limitation by 2 years, that the court's decision should have been reversed and vacated since the Statute of limitation was time barred? And, Whether the Del. Court of Common Pleas on appeal had ever obtained jurisdiction to review this claim since the controlling contract ("the declaration" dated 1991) under seal expired on December 18, 2011 and the Delaware Law does not permit the extension of the statute of limitations for breach of contract as this violates the stare decisis of the state's mirror image law, and if in fact all claims including any judgment for legal fees are null and void? Whether it is a violation under the Constitution Due Process Clause that a state's trial Court acceptance Of an amended complaint on appeal that changed the subject matter contract "the RMC II Declaration" and to uphold jurisdictional defects of facts and issues presented incorrectly by a Plaintiff and not provide a written decision on the review of the issues and facts for the defendant to oppose before and/or after trial?

Counsel of record

For petitioner
Tiby J. Saunders-Gomez

For respondent
Edward J. Fornias III
Law Office of EJ Fornias, PA

Case

Conference history
Distributed for 1 conference

Linked docket
18A295

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 09 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Dec 04 2018
    Waiver of right of respondent Rutledge Maintenance Corporation to respond filed.
  4. Nov 26 2018
    Petition for a writ of certiorari filed. (Response due December 28, 2018)
  5. Sep 20 2018
    Application (18A295) granted by Justice Alito extending the time to file until November 25, 2018.
  6. Sep 14 2018
    Application (18A295) to extend the time to file a petition for a writ of certiorari from September 26, 2018 to November 25, 2018, submitted to Justice Alito.