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Shlomit Ruttkamp v. Bank of New York Mellon, fka The Bank of New York

Paid petition · Appellate Court of Connecticut, No. AC 43974 · judgment April 23, 2020


Certiorari denied · December 14, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

as follows: I. Whether subject matter jurisdiction should be waived when the book of law and the rules of law claim to the contrary. Whether, on the face of the record and based on the new evidence presented in the motion to dismiss filed Janu­ ary 29,2020, the trial court is without jurisdic­ tion.” (Internal quotation marks omitted.) Caruso v. Bridgeport, 285 Conn. 618, 627, 941 A.2d 266 (2008). II. Whether the Connecticut courts of appeals cor­ rectly applied the law and could have reasona­ bly reached the conclusion that they did granting the Plaintiff-Appellee’s motion to dis­ miss appeal and denying petition for certifica­ tion for review from the Connecticut Supreme Court, even though in the light of the new evi­ dence (docket entry no. 247.00) presented in the motion to dismiss filed January 29, 2020, the trial court is without jurisdiction.” (Internal quotation marks omitted.) Caruso v. Bridgeport, 285 Conn. 618,627, 941 A.2d 266 (2008). II. A judicial officer cannot constitutionally take a real property of a homeowner based upon fore­ closure mortgage to which the homeowner was not an obligor/mortgagor, and the note ruled unenforceable as a matter of law, without a violation of the due process clause of the 14th Amendment to the United States Constitution and Article First, Section 10 of the Connecticut Constitution. (See: Shelley v. Kraemer, 334 U.S. 1,14 (1948).

Counsel of record

For petitioner
Shlomit Ruttkamp

For respondent
Dorothy Ann Davis
Eckert Seamans Cherin & Mellott, LLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Feb 22 2021
    Rehearing DENIED.
  2. Jan 20 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 05 2021
    Petition for Rehearing filed.
  4. Dec 14 2020
    Petition DENIED.
  5. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  6. Nov 16 2020
    Waiver of right of respondents Bank of New York Mellon, et al. to respond filed.
  7. Oct 07 2020
    Petition for a writ of certiorari filed. (Response due November 18, 2020)