I need some help/advice on a 24 yr old civil case in Florida. I am currently out of state visiting with my daughter since April of this year. All of my records of the case are at home in Florida. I have attached pdf copies of court documents that I have accumulated since being gone from my home in FL. Below is an overview of the case.
I had a retail computer business and partner in 1986. A banker friend of mine lent us $6500. For inventory.
I discovered that my partner had forged my signature on a loan document that he used the funds received for personal use. I disbanded the partnership and took control of the company and liquidated assets to pay off creditors. The bank loan from my banker friend went in arrears and they filed a lawsuit against us.
The banker arranged for us to meet in his office before the Summary Judgment hearing in order to “work things out.” It was a ploy to keep us from attending the hearing. When I realized what had happened, we literally ran down the street to the courthouse and up the stairwell to the floor where the hearing was taking place. As we exited the stairwell and approached the courtroom the attorney representing the bank was exiting and he waved papers at us and said “sorry boys, it’s too late, gotcha!” From that moment on I purposed in my heart that he would never get one penny from me. And to this day he hasn’t.
The attorney has never, until recently, had a competent fact witness appear. It has always been him only. Judges have made rulings with only what he has provided to them. Recently, (see attached docs) he had a witness, the Judge who ruled in my favor to dismiss the case, claim that he was confused when he signed the order (see attached docs).
Florida statutes provide a limitation on a judgment. You get 10 years and then another 10 as a renewal. At the 19 year 8 month mark the attorney had a hearing called and presented a Memorandum to the judge and a copy to me in the courtroom. He was going to use this Memorandum and use the Original Summary judgment as the cause of action to get another 20 years. The Judge said that she would NOT make a ruling on the case for at least two weeks as she had just come from vacation and was behind in her paperwork. The law allows me 20 days to provide an answer to the Memorandum given to me in the courtroom as my due process right. The Judge lied (imagine that!) and entered the Order of the Court 4 days later. I provided an answer and filed it in the court records on the 6th day. Upon arriving home the Order of the Court giving the attorney another 20 years on the Summary Judgment was in my mailbox. My Due Process was violated and I filed a Motion to Rehear. Since the only person to ever show up at the hearings was the attorney when he started his ranting I asked the Judge if he was testifying and she said “no, he is arguing”. I said, he’s arguing and she again said yes, he was arguing. So I quoted LoVasco v US : statements by attorneys argued before the court orally or in writing are not facts before the court” and I then moved the court to have the judge recuse herself (prejudice and bias). She said that was not proper, I had to make a Motion to Disqualify her and then she would recuse herself. I said OK I make the Motion to Disqualify you and she said that the session was over and that if I would type up the Order she would sign it, Recusing herself. I did and she did. (reluctantly,see docs)
The next judge who got the case scheduled a hearing and in the proceedings he said that he thought that he had lost subject matter jurisdiction. I agreed as my due process was violated, therefore, SMJ was lost and any order of the court previously given by Judge KInsey was void ab initio. Not voidable, but void. A nullity, of no affect. The new judge said he would take it all into consideration. He ruled on the case in May of this year (see docs) and dismissed the case.
The attorney didn’t like that at all. (I believe that he is practicing champerty) and he filed a motion for a rehearing. I filed a Motion to not allow a rehearing (see docs).
I mistakenly agreed to a telephonic hearing. What a joke! (see docs). The attorney had written a letter to the judge(who retired soon after signing the Order) who had made the ruling in my favor and brought him in as a witness. (his first time ever having a witness). The Judge said that he was confused when he signed the Order (oh, really) (see docs)
I made a Motion to Disqualify the judge and filed a complaint with the Chief Judge (see docs)
The new judge made a ruling giving the attorney a rehearing (see docs).
I know that legalbear has a package for a quo warranto and I am considering purchasing it. Can anybody in the group offer any other advice. ( I plan on subpoenaing the judge who testified against himself and his decision and find out about his medical condition of confusion.) Way back, I filed with one of my Motions a Counterclaim.
I have a Motion to Vacate a Void Judgment before the court now. (see docs) The attorney’s office called me a few days ago and tried to set another telephonic meeting with me and I told her that was not going to happen and I wasn’t going to get railroaded again. They would have to wait until I returned home after the new year.
Thank-you for your help, advice and assistance.