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Samantha V. Roussell v. Bank of New York Mellon

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D20-0460 · judgment November 19, 2020


Certiorari denied · October 18, 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.

Question presented

Whether the Florida Supreme Court and the Fourth District Court of Appeal of Florida (“the Fourth DCA”) violated the due process protections of the 5^h and 14th Amendments to the U. S. Constitution by allowing the Fourth 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 due process protections enshrined in the 5^ and 14^ Amendments of the U. S. Constitution prohibit Florida Courts from turning a blind eye to the continued use of fraudulent evidence barred by the $25 Billion National Mortgage Settlement to obtain the equitable relief of foreclosure and from ignoring objective reasons to question the impartiality of those Florida Courts in adjudicating foreclosures requiring disqualification?

Counsel of record

For petitioner
Samantha Roussell

For respondent
Nancy M. Wallace
Akerman LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 18 2021
    Petition DENIED.
  2. Sep 29 2021
    DISTRIBUTED for Conference of 10/15/2021.
  3. Sep 22 2021
    Waiver of right of respondent The Bank of New York Mellon to respond filed.
  4. Mar 26 2021
    Petition for a writ of certiorari filed. (Response due October 15, 2021)