US Supreme Court is Silent on the Supreme Court of Texas Breach of Due Process

In this Deutsche Bank case, the Petitioners are homeowners represented by legal counsel from Houston, Texas. They filed a Petition of Writ of Certiorari with the US Supreme Court and were denied on May 28th, 2019.

In summary, this is another 2 Texas cases re Deutsche Bank the US Supreme Court has ignored on its latest orders from the May 23rd sitting. It has yet to take a case nationwide re Deutsche Bank since the Financial Crisis in 2008.

The Questions Presented;

I.

Whether Petitioners’ due process right was violated when the Supreme Court of Texas summarily denied their petition for writ of mandamus within no time and without providing any reasons for such denial?

II.

Whether an order issued by a court that lacked subject matter jurisdiction because the party requesting the relief lacks standing, is a valid order, notwithstanding this Court’s holding in Williams v. North Carolina, 325 U.S. 226, 267-68, 65 S. Ct. 1092, 1113 (1945), that a decree rendered by a court without jurisdiction is void?

III.

Whether Petitioners were denied equal protection of law and due process of law when the trial court denied Petitioners’ request to amend pleadings without any evidence of surprise or prejudice to opposite parties?

Reasons for Granting the Writ;

This Court has often held that the opportunity to be heard in a meaningful manner and meaningful time is essential part of the constitutional due process right.

A question of significant importance has aroused concerning a party’s right to be heard in original proceedings before state supreme court. In this case, the Supreme Court of Texas denied Petitioners’ petition for writ of mandamus within no time without any reasons or explanations.

This case thus raises an important issue never addressed by this Court, but that arises frequently, as to whether the state supreme court is obligated to provide an opportunity to be heard in original proceedings like petition for writ of mandamus.

The Supreme Court of Texas did not respect Petitioners’ due process right and denied them the opportunity to be heard.

The right of a litigant to be heard is one of fundamental rights of due process of law.

In this case, the trial court also denied Petitioners the equal protection of law.

The trial court denied Petitioners request for leave to amend petition without any evidence of prejudice or surprise to opposite parties.

Therefore, Certiorari should be granted because the decision matter of this Petition is in conflict with the constitutional principles safeguarded by this Honorable Court on the Amendment XIV to the US Constitution.

S. Bruce Hiran, et al., Petitioners  v.  Deutsche Bank National Trust Company, et al.

View US Supreme Court Petition with Appendix in Hiran case