Spinning Wheel Gotta Go Round

Posted on October 6, 2010 by Leslie Sigal Javorek | 1 Comment

Posted by: Leslie Sigal Javorek • Date: Wed. October 6, 2010 9:05 PM

So where the hell have I been these past 3 weeks? Ahh, if you only knew… 😉 To be honest, I have spent most of that time sleeping. My body and mind just had to escape from the physical pain and emotional strain that I’ve had to endure for so many years, and then try to regain the strength to go the next round. As to my health, while I certainly don’t mind not having to be pricked or to have my blood drained a couple times a week any more, it’s more than a little bit disconcerting to be told that the only reason for this change is because my doctors see no point in it anymore inasmuch as there’s nothing left they can try to treat me with. So while the good (even amazing!) news is that while the past chemo treatments failed to “cure” me, they were able to give my liver, pancreas and heart enough of a reprieve to slow down the rate that they were detiorating at, the bad news is that they are still detiorating and keeping me stuck in a hospital bed 90% of the time. Hereditary Hemochromatosis is such an insidious disease – atleast if you didn’t know you had it until it was too late to prevent major organ damage and other diseases or conditions from setting in. Sucky. I know this rant is in conflict with the promise I made to get back to my cheery self but I AM working on it and am getting closer to a genuine smile than I was last week. So progress is being made!

What goes up, must come down. Spinning Wheel…

Not all the news in my life is bad (as the above makes it sound). I’ve actually had some very good news on a couple of fronts. One, I just received the first edition of a 15-Month Calendar I designed, and however immodest it may be, I must say I’m really impressed with the quality of Zazzle’s printing and materials. They somehow made my artwork look a 1000% better than I could possibly imagine or even realized I was capable of. While I did all of the artwork and layout, without the right paper, ink, or expert application of the printing presses, the artwork would have been totally lost. So, for any of you who are contemplating turning your own artwork into useful products or beautiful prints, I highly recommend Zazzle. And if you’re just one who has a strong aesthetic sensibility and enjoy beautiful things, I hope you’ll consider checking out my Zazzle shop.

“Front and Back Covers of IconDoIt’s 15 Month Calendar (Nov. 2010-Jan. 2012)”

Okay, the other good news is that the Florida Appeals Court finally issued their opinion on my adversary’s attempt to overturn their prior opinion (that had been in my favor) and then my adversary’s attempt to have that Court strike my response to the Motion for rehearing. Not surprisingly, the 4DCA denied both Motions, which secures the awards already granted in my favor and allows me to seek restitution and damages. I’m praying my opponent finally “gets it” that he/she has run out of places to hide and it’s time to stand tall and accept full responsibility for the consequences of his/her decisions. We all f*ck up at times. We’re all human, after all. It is only in refusing to admit wrongs, in refusing to accept liability for them, in refusing to sincerely apologize for them, and then engaging in further wrongs with the purpose of deflecting the blame and consequences onto the very person harmed (unfairly) by the original bad decision, that makes one a pariah to society.

Enough of the monologue – and on to the Goodies! Tonight I’ve got a set of original images that have an obvious practical use right on your desktop. A set of folders that I’ve named “Slick”. Enjoy!

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)

Got My Answer – Justice IS Possible in Florida!

Posted on July 15, 2010 by Leslie Sigal Javorek | 4 Comments

Posted by: Leslie Sigal Javorek • Date: Thurs. July 15, 2010 6:356 pm

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)

Is Justice Anathema To Florida Probate?

Posted on July 13, 2010 by Leslie Sigal Javorek | 1 Comment

Posted by: Leslie Sigal Javorek • Date: Tues. July 13, 2010 8:40 pm

Waiting as long as I have to get a final resolution to the issues raised in my legal action against the Personal Representative to my mother’s estate has been absolute hell. I’ve yet to have the opportunity to even go through the grieving process despite the fact Mom passed away way back on March 14, 1998! It has been impossible for me to fully engage that process because of the continuing litigation, uncertainty of it’s eventual outcome, and the promise I made to my mother, hundreds of times since I was a small child upon her request, that I would ensure she be allowed to die with dignity and that her last wishes for the disposition of her assets be honored. Mom was obsessive about this concern, believed she could count on me to live up to my promises, and relied on that. I felt honored by her trust and certainly did not want to let her down by forgetting my promise much less betraying it, but despite my best efforts, I have largely failed in protecting her intent.

The cause of my failure has been partially due to my initial ignorance of Florida law and my rights under it while Mom was still alive but under a Guardianship (administered by the same individual later named as the Personal Representative) and which persisted during the first few years of probate administration until I finally was in a position to thoroughly educate myself on the applicable law. Additionally, my failure has been due in part as a result of my inability to actively participate in any of the court hearings or mediation because of my medical situation; in part as a result of the probate court’s inefficiency and inexplicable reluctance to enforce their own rules and orders; and last but certainly not least, I have been unsuccessful in my efforts to ensure Mom’s last wishes were honored because the Personal Representative has had her own personal agenda, in conflict with both Mom’s wishes (as expressed under her properly executed Will, Trusts, and Living Will) and with her legal and fiduciary duty.

There are certain aspects of my promise that I will never be able to make good on and a significant portion of the harm caused by the Personal Representative’s misconduct that can never be undone, no matter how the Appellate Court rules, simply due to the years of delay. Regardless, I am looking forward to that day when the Florida 4DCA finally issues its’ opinion, as I will consider any finding and remedy in my favor on the merits of my claims to be a vindication of my character, intent, and the appropriateness in bringing the original action to have the Personal Representative removed and in seeking to enforce the subsequent settlement. Of course, I am also praying that the Court will fully recognize the manifest injustice that will result if the Personal Representative were permitted to retain all of the benefits of the settlement, despite having breached it so completely, as well as recognize the likelihood of continuing misconduct on the part of the Personal Representative and additional harm to me, if the case were to be remanded to the Trial Court.

Given the fact the Court has been reviewing the record since November 2009 and actively deliberating since March 2010, certainly suggests that they viewed my claims to be significant enough to merit investigating them and found adequate support in the record and the law to merit serious consideration. What their ultimate conclusion will be remains unknown. As it is yet again another Tuesday evening, I am hoping that tomorrow will be the day their opinion gets released.

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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)