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Haywood Jackson Mizell v. Citizens Bank, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-10853 · judgment January 10, 2023


Certiorari denied · June 26, 2023
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

  1. Is it a conflict of interest for the Respondent’s attorney to be appointed a Bankruptcy Chapter 7 Trustee that, after appointment, uses a “perfected security agreement” absent an attached promissory note, which a non-existent note, the trustee swore, under oath, to have never seen? Normally a change in promissory note, a re-finance unit, will remove certain real estate as security and replace it with a revised security asset list. Should the bank have re­ financed and paid off the original when the FM license (FCC regulated and with no bankruptcy court jurisdiction) used as security, instead separating the original note from the original mortgage without the FM as security and selling the original note alone?

  2. Do unfiled original instruments, and that have not been authenticated, deny complainant standing status and deny courts the gaining of subject matter jurisdiction, especially when unsworn and unverified statements of counsel are instead considered competent evidence?

  3. Are attorneys allowed to operate outside court rules in the court proceedings such as FRCP 1002 (Rule 1002. Requirement of the Original.) An original writing, recording, or photograph is required in order to prove its content? Especially when Defendants’ Attorney gave no reasonable evidence of representa­ tive authority and failed to comply with court rule FRCP 1002, which requires the filing for proof of claim with the clerk for authentication the original instrument, the instrument that the attorney said his client possessed, which client was contractually A

Counsel of record

For petitioner
Haywood Jackson Mizell

For respondent
R. Rainer Cotter II
Marsh & Cotter, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 21 2023
    Rehearing DENIED.
  2. Jul 27 2023
    DISTRIBUTED.
  3. Jul 10 2023
  4. Jun 26 2023
    Petition DENIED.
  5. Jun 06 2023
    DISTRIBUTED for Conference of 6/22/2023.
  6. May 18 2023
    Waiver of right of respondent Citizens Bank, et al. to respond filed.
  7. Apr 28 2023
    Petition for a writ of certiorari filed. (Response due June 1, 2023)