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Damian Cruz v. Glenda I. Lebron Vazquez

Paid petition · Supreme Court of Puerto Rico, No. AC-2021-0050 · judgment March 25, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 0% cert probability

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

Questions presented

The following questions are presented-

  1. Whether the Puerto Rico Court of Appeal departed so far from the due process in direct conflict with the Fourteenth Amendment of the Constitution of the United States; and erred when affirmed refers to the administrative agency Puerto Rico Child Support Administration a pure federal law question about in personam, subject matter and interstate territorial jurisdiction that arose from the divorce default judgment in direct conflict with what this Court has held in Kulko v. Superior Court of Cal., City and County ofSan Francisco, 436 U.S. 84 (1978) bounded by the Puerto Rico Supreme Court in Shuler v. Shuler, 157 P.R. Dec. 707 (2002).

  2. Whether the Puerto Rico Court of Appeal erred, abused its discretion and departed so far from the judicial proceedings when affirmed refers to the administrative agency Puerto Rico Child Support Administration a pure trial court judicial issue about errors found in a default judgment entered for the divorce lawsuit in direct conflict with the Puerto Rico Rules of Civil Procedures, Rule 43.6 which state that a judgment by default shall not be different in kind of the original demand; and Rule 49.1 which state that only a trial court can correct errors found in its own judgments and after an appeal can be corrected only by the Puerto Rico Court of Appeal.

Counsel of record

For petitioner
Damian Cruz

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 28 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 09 2021
    Petition for a writ of certiorari filed. (Response due July 12, 2021)