collateral attack subject matter jurisdiction

• Mickey v. Rokakis, (Ohio 2012)

Subject matter jurisdiction; Civ.R. 12(B)(1); collateral attack doctrine; plaintiff attempted to collaterally attack foreclosure judgment against her instead of appealing from that judgment.

• Ohio Supreme Court

• Ohio Div. of Wildlife v. Kendrick, (Ohio 2009)

collateral attack; hunting or fishing license; R.C. 1531.02; R.C. 1533.68; subject matter jurisdiction; void judgment; void; voidable.

• Ohio Supreme Court

• Travelers Indemnity Co. v. Bailey, 557 U. S. (2009)

... that the Bankruptcy Court had jurisdiction to interpret and enforce the 1986 Orders, the Circ... irrespective of the parties’ subjective intent, it is also clear that a court, such as the... challenge the Bankruptcy Court’s subject-matter jurisdiction, they cannot challenge it now by resi... willingness to entertain this collateral attack cannot be squared with res judicata and the...

• U.S. Supreme Court

• In re T.D., (Ohio 2010)

Infants; Juvenile sex offender classification; Juvenile sex offender registrant; Timing; R.C. 2152.83; Subject matter jurisdiction; Jurisdiction over the particular case; Lack of jurisdiction; Error in the exercise of jurisdiction; Collateral attack; Res judicata; Waiver – The juvenile court erred in classifying appellant as a Tier III juvenile sex offender 19 months before he was actually released a secure facility. Nonetheless, appellant's motion to vacate his classification amounted to an impermissible collateral attack on the voidable judgment.

• Ohio Supreme Court

• in Re: American Preferred Prescription, Inc., Debtor. Kenneth P. Silverman, Esq., Trustee-Appellant, v. Tracar, S.A., Appellee., 255 F.3d 87 (2nd Cir. 2001)

... that the Bankruptcy Court lacked jurisdiction to appoint a trustee after the confirmation of the...However the matter might be resolved in the pre-confirmation stage, t... order that if not appealed, cannot be attacked a few months later in same bankruptcy proceeding, even for lack of subject matter jurisdiction); Republic Supply Co. v. Shoaf...534, 541 (1986), although not on a collateral attack by a party with a prior opportunity to liti...

• Federal Circuits

• Willy v. Coastal Corp., 503 U.S. 131 (1992)

... rejected Willy's argument that it lacked subject-matter jurisdiction and dismissed the case for fai... were violated, the instant order is collateral to the merits of the case. Thus, it implicates no ... was nonetheless res judicata on collateral attack made by one of the parties. See also Stoll v. Gott...

• U.S. Supreme Court

• Crider v. Zurich Ins. Co., 380 U.S. 39 (1965)

... ground that the Alabama court lacked jurisdiction to award damages under the Georgia Act providing f...Wilson, (1916), subject to the Full Faith and Credit Clause and other cons..., the Alabama court lacked subject matter jurisdiction to enter the default judgment. The de... contended, was void and could be collaterally attacked in the enforcement proceeding. Petitioner...

• U.S. Supreme Court

• Gulf Petro Trdg Co vs. Nigerian Natl Petro, (5th Cir. 2008)

... district court concluded that it lacked subject matter jurisdiction over the lawsuit, which it dettermined to be a collateral attack on a foreign arbitral award. It alternately...

• Federal Circuits

• In re Kilburn, (Ohio 2006)

Where a parent enters an appearance in a foreign state and contests issues of subject-matter jurisdiction, child custody and child support on their merits, without challenging that state’s exercising of personal jurisdiction over him, and those issues are finally adjudicated in that state, he may not subsequently assert a collateral attack in this state, based upon a claimed lack of personal jurisdiction in the rendering state, when an attempt is made to register the foreign state’s judgment in this state for enforcement purposes. Foreign state’s judgment that it had subject-matter jurisdiction is not clearly erroneous. Trial court did not err in denying the parent’s motion to dismiss based upon the collateral attack on the foreign state’s judgment. Affirmed.

• Ohio Supreme Court

• Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982)

... orders, may enter "[a]n order that the matters regarding which the [discovery] order was made or ... the order." Asserting diversity jurisdiction, respondent, a Delaware corporation with its princ...Unlike subject-matter jurisdiction, which is an Art. III as well ... on jurisdictional grounds in a collateral proceedings. See Baldwin v. Traveling Men's Assn.,... a suit against CBG in England, attacking the validity of the insurance contract. In its Apr...

• U.S. Supreme Court