Supreme Farce

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LEGAL DISCLAIMER: Please note that this post, as all others, represents purely my personal intellectual opinions and emotional feelings, and are not to be construed as anything more. As they say on “COPS” “All parties are innocent until proven guilty.” Since this case is still active, the final judgment of the justices has yet to be determined, but their ruling will be based on the official case records, which by law are available to the public (only certain of those documents are available online. For all others (transcripts, pleadings, etc.) you can only view them in person at the Florida 17th Circuiit Court in Broward County, Florida.

A brief poetic post to update you all

on the state of my legal fate under Florida law.

• • •

As last you heard my appeal it was won,

My adversary, livid, sought to have it undone.

Not wanting the Judges to be burdened with facts,

she tried striking my answer in a childish attack.

The Court had no patience to play such games.

Their mandate well-reasoned, the law very clear,

Three appellate judges denied her “Motion to Rehear”

• • •

In a fit of hysteria over the defeat of her plea,

unable to acknowledge loss gracefully,

my adversary scowled and dug in her heels.

Grabbing a torch for the earth

she’s threatened to scorch,

and is now charging onward

to the State Supreme Court.

• • •

Think about this. Yes! You heard me right.

My adversary’s taken to the Supreme Court her fight.

• • •

It does not matter that she abused my trust

nor does she care what is fair or just.

She flaunts the very law she’s sworn to uphold,

and perverts her fiduciary duty to benefit herself.

What matters to her most at the end of the day?

Simply to avoid all consequences, deflect all blame,

and shift to her victims her burden and shame.

• • •

She’s blind to the truth and deaf to my cries,

blissfully ignorant no one’s buying her lies

She’s contemptuous of all who don’t see her way,

charges them as biased, stupid or mean,

yet expects her bare argument and tears to sway.

• • •

With arrogance she proceeds to go higher and higher,

pushing her luck and refusing to quit.

But perseverance alone cannot bring her honor,

for she’s littered the pathway with hatred and bile.

When the goal that one seeks

relies on corpses and ruins,

there will be no adulation nor respect conferred.

• • •

How sad and lonely it must be

to live your life perpetually

behind a facade only you can see

with nothing of substance inside.

• • • ƒini • • •

• • •

• • • BACKGROUND LINKS • • •

FREE CLIP ART / ICONS OF THE DAY The following images are either full or reduced size previews. Simply right-click (or control-click) on the preview to save the image(s) of your choice to your desktop. (Unless otherwise noted, downloads are 512px X 512px in .png format). As always, usage of any of the images offered on this blog are free for your personal use while subject to the limitations of my Creative Commons Non-Commercial – Attribution – No Derivatives – Share Alike- 3.0 license. (See sidebar for details)

Justice Oliver Wendell Holmes, Jr. Speaks

“Justice Oliver Wendell Holmes, Jr. Speaks”

Pigskin Journal for Legal Briefs

“Pigskin Journal for Legal Briefs”

Pigskin Journal for Legal Motions

“Pigskin Journal for Legal Motions”

WHAT’S NEW ON ZAZZLE

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Got My Answer – Justice IS Possible in Florida!

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For those of you who’ve been following my blog and my long, long wait for a ruling from the court, I can now say that the light at the end of the tunnel is finally in view! Yesterday, the Florida 4DCA finally posted their opinion on my case. The good news is that they denied my adversary’s appeal of the trial court’s order from 2008. The great news is that they granted my appeal, remanded the question about “how much” my adversary must pay me for attorneys fees and costs, and also paved the way for the Trial Court to be able to consider the question of breach of contract, damages and unjust enrichment. So while it’s not completely over yet, as my son said,

“It’s the beginning of the end.”

The opinion will not be considered “final” (or as they call it in Florida, a “Mandate” for 15 days in order to give the parties an opportunity to request either clarification or reconsideration. But for those of you who are interested, you can download the Court’s opinion in .pdf form here: Carlin v. Javorek. The opinion only addresses the issues that were addressed in the order on appeal so it’s not really very informative as far as what I consider to be the “real” issues which brought about this case in the first place. But that’s okay because, as I said above, they not only did not slam the door shut on those issues, they left it wide open with a sign above it saying “Enter”.

Because of the nature of the case where certain issues remain to be resolved, I do not want to unfairly influence either the court, potential jurors, nor be in a position where I could actually be held liable for slander or libel (vs. unreasonably be accused of it) despite the fact that the truth is always a strong defense against such charges. So I hope y’all will understand if I don’t respond to any question for more details on those unresolved issues at this time.

I owe a huge hug and Thanks to my appellate attorney, Robin Bresky, without who’s understanding of what was really at stake in this case, hard work in researching the law and fussing over the wording to get it just right, and kind patience and understanding for what I have been personally going through. I could not have gotten through this without her and heartily recommend her services to anyone and everyone!

And, Thanks to all of you who have so kindly supported me and taken so much time out of your own lives to write me (on and off the blog) and/or call me. You are truly appreciated and I am blessed to have such friends as you.

Free Clip-Art / Icons of the Day

The following images are either full or reduced size previews. Simply right-click (or control-click) on the preview to save the image(s) of your choice to your desktop. (Unless otherwise noted, downloads are 512px X 512px in .png format). As always, usage of any of the images offered on this blog are free for your personal use while subject to the limitations of my Creative Commons Non-Commercial – Attribution – No Derivatives – Share Alike- 3.0 license. (See sidebar for details)

WEIGHT OFF MY SHOULDERS

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Small Steps, Big Feat

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I’m baaack! Actually, I got home from my little expedition to my Dad’s a week ago tonight but the trip took so much out of me, both physically and emotionally, that I have pretty much slept for the past 7 days! – To so many of you who had written to me both on and off this blog, Thank You so much for worrying about me and for being patient with me and forgiving me for being “off blog” longer than I had originally planned..The trip I took (approx. 350 miles from my home in a suburb of Cleveland, Ohio to my father’s home in Allentown, Pa.) was for only 4 days but was a monumental event in more ways than one.

Forgive me for boasting, but in light of my having been (literally) confined to bed for the last 7 years, the fact that I made it there and back again in relatively good shape feels like a huge accomplishment. For several months before we went, I had to work really hard to build up the stamina to be able to sit up by myself for an hour or so at a time and then to be able to walk (with my spiffy blue Drive Rollator) for short distances (like from a parking lot to my seat at a table in a restaurant). And then, perhaps most importantly of all, I had to work on being able to simply stay awake for more than a 2 hour stretch at a time! In some ways, it sounds ridiculous to be so pleased about having attained such seemingly meager goals, but from where I started, it IS a big deal. Of course, I couldn’t have done it without the help and inspiration from me hubby and son, who were absolutely wonderful in their support and keeping me safe and doing all the driving (8 hours each way!)

Forever Young T-Shirt

“Forever Young” – Image on the T-Shirt I created for my Dad’s 85th birthday features a photo of him when he was 25 yrs. old.

One of the other reason(s) this trip was so monumental was the purpose of it: We went to celebrate my Dad’s 85th Birthday!! Now THAT’s an amazing accomplishment and blessing! Not many folks are lucky enough to reach that age and I’m willing to bet that of those who do reach 85, very few have the honor of throwing out the first ball at minor league baseball game!

Dr-Sigal-Anticipates VIctory

“Dr., Lt. Commander, Roland L. Sigal, throws out 1st Ball at game between the AAA Phillies Iron Pigs and AAA Wilkes Barre Yankees. And,
Yep! That’s Ron Shegda, our Republican Candidate for PA. State Representative, 136th District, guiding “Rolly” onto the field.”

I’ll have a lot more to share from my trip in future posts – right now my head is still swimming and trying to sort out my thoughts and feelings. Rather deep things to think about first. In the meantime, being yet another early, early Wednesday morning, so I leave you with a few more law-related icons. Praying today will be Justice Day!

Free Clip-Art / Icons of the Day

The following images are either full or reduced size previews. Simply right-click (or control-click) on the preview to save the image(s) of your choice to your desktop. (Unless otherwise noted, downloads are 512px X 512px in .png format). As always, usage of any of the images offered on this blog are free for your personal use while subject to the limitations of my Creative Commons Non-Commercial – Attribution – No Derivatives 3.0 license. (See sidebar for details)

Sections-Rules-Statutes

Statutes And RulesStatutes and Rules on Background

Dewey A Gree

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