... ORDER RICHARD J. SULLIVAN UNITED STATES CIRCUIT JUDGE Petitioner John T. Williams filed his petition, styled as a “Rule 60(b)(4) motion to vacate for lack of jurisdiction void judgment,” which...plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment... 23-cv-5453 (RJS) 14-cr-784-2 (RJS) 08-23-2023 JOHN T WILLIAMS, Petitioner, v. UNITED STATES OF AMERICA, Respondent...

...the court, does the failure of the court to convene a three-judge panel, as required by R.C. 2945.06, constitute a lack of subject-matter jurisdiction rendering the trial court's judgment void ab initio...panel, as required by R.C. 2945.06, does not constitute a lack of subject-matter jurisdiction that renders the court's judgment void ab initio and subject to collateral attack in habeas corpus..., 708 N.E.2d 1033. "`The third category of jurisdiction [i.e., jurisdiction over the particular case] encompasses the trial court's authority to determine a specific case within that class of cases that is within its subject matter jurisdiction. It is only when the trial court lacks subject matter jurisdiction that its judgment is void; lack of...

..., Violating Due Process and Rendering all District Court Judgments Void," • "Being a Complicit and Active Participant in Lack of Subject Matter Jurisdiction," • "Knowingly Entering a Fraudulent Void Judgment, and...matters from other cases such as improper service, lack of jurisdiction, void judgment, and misrepresentation of facts and many other allegations of a similar nature. Despite [plaintiff]'s voluminous...App 478, 485; 542 NW2d 905 (1995). Because the trial court dismissed the 2018 lawsuit based on a lack of jurisdiction, it cannot be said that any...

.... 1. JUDGMENT — Lack of Jurisdiction — Void Judgment. — When a court proceeds without jurisdiction of the subject-matter, its judgment is wholly void. p. 417. 2. INJUNCTION — Restraining Order — Jurisdiction — Void Judgment. — Restraining order issued without notice, hearing or bond on the court's own motion, prohibiting further proceedings under School Reorganization Act, was a nullity for lack of...be utterly void and a nullity for lack of jurisdiction, 2. and that it should be expunged from the records of that court. Judgment reversed, and cause remanded for further...rule that, when a court proceeds without jurisdiction of the subject-matter, its judgment is wholly void; . . .'" We find the facts herein similar to the recent case of State...

...stay; (3) a November 26, 2014 request for stay of sale and dismissal of action; (4) a December 22, 2014 "Void Judgment Pursuant to Maryland Rule 2-535," which sought dismissal based on lack of jurisdiction (void...motions, with the exception of his void judgment motion, which apparently had not been docketed by the clerk. Craig filed an appeal from the denial of those motions and we affirmed, holding that the...court. On May 5, 2016, the trial court entered an order (1) treating Craig's void judgment motion as a motion for reconsideration of its prior orders denying his motion to stay and (2) denying the motion...

...due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment." (Emphasis sic.) However, in Perry, we limited the application of the doctrine of res judicata to cases in which the judgment of conviction was not void for lack of jurisdiction: "Where...that a judgment of conviction that is void for lack of subject matter jurisdiction may be attacked in a collateral proceeding). Because Wilson's judgment of conviction was void ab initio for lack of subject matter jurisdiction, his...jurisdiction to convict Wilson, the judgment of conviction against him was void ab initio. See Patton v. Diemer (1988), 35 Ohio St.3d 68...

...appeal. Thus, the doctrine of res judicata bars their attempted collateral attack against the judgment in foreclosure. Common–Law Motion to Vacate for Lack of Subject–Matter Jurisdiction {¶ 17} To surmount the barrier of res judicata, the Kuchtas expressly argue to this court that a party's lack of standing does more than merely establish a ground for relief from judgment under Civ.R. 60(B). Lack of standing, they argue, also renders the judgment void ab...Court of Appeals implicitly adopted this position in its decision. It is true that the issue of subject-matter jurisdiction can be challenged at any time and that a court's lack of subject-matter jurisdiction renders that court's judgment void ab...America's alleged lack of standing to initiate a foreclosure action against the Kuchtas would have no effect on the subject-matter jurisdiction of the Medina County Court of Common Pleas over the foreclosure action. {¶ 24} We hold that the Kuchtas did not establish that the judgment entered by the Medina County Court of Common Pleas was void ab...

.... JUDGMENTS — Lack of Jurisdiction — Void Judgment — Collateral Attack. — Where a judgment is rendered without jurisdiction of the subject-matter or without jurisdiction of the person, the judgment is...void for lack of jurisdiction of the Marion Superior Court in entering the original judgment of foreclosure is unsubstantiated. It is asserted by the appellees in their brief in...judgment is rendered without jurisdiction of the subject-matter or without jurisdiction of the person, the judgment is 1. void and not merely erroneous, and it can be attacked directly or...

..., Circuit Judge: Lee N. Koehler appeals a decision of the district court vacating a default judgment against A. David Dodwell on the basis that the judgment was void for lack of personal and subject-matter jurisdiction. See Fed.R.Civ.P. 60(b)(4). Koehler argues that the judgment was not void because...court vacated the judgment and dismissed Koehler's complaint for lack of diversity jurisdiction. II. Koehler first argues that the default judgment was not void for.... IV. In sum, we conclude that the default judgment was not void for lack of personal or subject-matter jurisdiction. Accordingly, we reverse the vacatur of the judgment. REVERSED ...

...TO THE MOTION FOR RELIEF FROM VOID JUDGMENT FOR LACK OF SUBJECT MATTER JURISDICTION RICHARD E. BOULWARE, II JUDGE Plaintiff/Counterdefendant Nationstar...the opposition to the Motion for Relief from Void Judgment for Lack of Subject Matter Jurisdiction (ECF No. 74) shall be extended to February 17, 2022. ORDER... IT IS HEREBY ORDERED that any opposition to the Motion for Relief from Void Judgment for Lack of Subject Matter Jurisdiction (ECF No. 74), which was filed on January 18, 2022, shall be filed by...

...subsequent writ of garnishment. Court of Appeals: Holding that the judgment was void for lack of personal jurisdiction over the defendant and that the defendant was entitled to...— Discretion of Court — In General. The trial court has a nondiscretionary duty to vacate a void judgment. [2] Judgment — Vacation — Void Judgment — Timeliness. There is no time limit for moving to vacate a void judgment under CR 60(b)(5). [3] Process — Service — Validity — Invalidity — Effect. Any judgment entered on the basis of defective service of process is void. [4] Judgment — Default Judgment — Vacation — Lack of Jurisdiction — Timeliness...void for lack of personal jurisdiction does not constitute a waiver of the right to challenge the judgment as void. [5] Garnishment — Attorney Fees — Scope of Proceedings...

...the judges lacked subject-matter jurisdiction, and that all subsequent proceedings and the court's judgment became void ab initio. The Eighth District agreed and held the juvenile court's judgment void for lack of jurisdiction. We..., 806 N.E.2d 992, we analyzed two distinct forms of jurisdiction: subject-matter jurisdiction and jurisdiction over the particular case. Id. at ¶ 12. Distinguishing between these concepts is important because "`"[i]t is only when the trial court lacks subject matter jurisdiction that its judgment is void; lack of... the trial court's failure to comply with R.C. 2945.06 divested it of subject-matter jurisdiction and rendered its judgment void. Id. at ¶ 3-4. We rejected that argument, holding that "[t]he failure of the court to convene a three-judge panel, as required by R.C. 2945.06, does not constitute a lack of subject-matter jurisdiction that...

...court under Trial Rule 60(B)(6) to set aside the default judgment as void for lack of personal jurisdiction. The Indiana trial court noted that under Trial Rule 60(B)(6) a motion for relief must be filed...attorney fees. Stidham appealed, contending that the 1978 Indiana judgment was void for lack of personal jurisdiction over him. The Court of Appeals agreed with Stidham that a void judgment is.... 1990). However, the Court of Appeals concluded that "because Stidham received constitutionally adequate service of process, any lack of personal jurisdiction would render the judgment against him merely voidable, not void." Stidham...

...F.R.Civ.P. 60(b)(4). From the denial of that motion, the defendant brought this appeal. We conclude that the judgment was void for lack of personal jurisdiction of the defendant, and...jurisdiction of the defendant, and the default judgment was void...April 6, Armco's attorney wrote to the clerk of the district court seeking entry of a default judgment and enclosing an affidavit that no responsive pleading had been filed. A copy of the April 6 letter...

.... 1. PROCESS — FAILURE TO COMPLY WITH STATUTE WHEN SERVING WRIT OF GARNISHMENT ON CORPORATION — DEFAULT JUDGMENT VOID FOR LACK OF PERSONAL JURISDICTION. — Service..., is improper and the default judgment obtained is void for lack of personal jurisdiction. Held: Service of a writ of garnishment on the office manager of the corporation, when the process server did not...ascertain whether the president was available, did not comply with the statutory requirements set out in Ark. Stat. Ann. 27-346 (Repl. 1979); therefore, the court did not have any jurisdiction of the garnishee and the default judgment was properly set aside. 2. JUDGMENTS — DEFAULT JUDGMENT VOID FOR LACK OF...

...court found them, the divorce judgment was void ab initio for lack of jurisdiction. A void judgment may be challenged by a section 72 petition; this is apparent both from the plain language of...proceedings hereunder * * *") and by necessary implication from section 72(5) (protecting certain third parties "unless lack of jurisdiction affirmatively appears from the record proper"). A void judgment may...less make exclusive, a procedure for attacking a void judgment. Indeed, a special appearance is only indirectly a procedure for contesting jurisdiction; fundamentally, it is a device for avoiding...

.... The defendant responded with a special defense challenging the Kansas judgment as void for lack of personal jurisdiction. At trial, neither the...appeal that the trial court erred by imposing on him the burden of demonstrating that the Kansas judgment was void for lack of personal jurisdiction...rule includes the proposition that lack of jurisdiction renders a foreign judgment void. Id., 704-705; see Nevada v. Hall, 440 U.S. 410, 421...

...to pay a docketing or filing fee and failure to properly serve the mother. The failure to properly serve the mother deprived the trial court of jurisdiction, see Ex parte Pate, 673 So.2d 427, 428-29 (Ala. 1995), as did the failure of the clerk to collect a filing fee. See Carpenter, 782 So.2d at 850. The trial court's judgment was void for lack of...reconsider certain aspects of the visitation provisions of the divorce judgment, pursuant to Rule 59(e), Ala.R.Civ.P. Because the motion was filed 34 days after the divorce judgment was entered, the...whether the father's petition to modify was properly before the trial court. We conclude that the trial court lacked jurisdiction over the petition because of the father's failure to properly file the...