
09-19-2004, 08:31 AM
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Come and Get Some!
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Join Date: Oct 2004
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This is what happened in court today
Rodman652,
Thanks much with your input. It is judicial and not administrative. I just blew it in the first hearing when I allowed the judge to pull what he did. It won't happen on rehearing and we have 10 days from the time he signs the summary judgment order to motion the court for rehearing. We will file on the eighth day. Then after the rehearing we have 30 days to notice the court for an appeal which we will do on the 28th day. Then we will have 70 days for the brief and we will take 68 days to file that. We are going to cost the plaintiff lots of $$ in this process. Srara fugate, in her case, cost the Plaintiff over $100,000.00 and they had to eat it because the court would not grant legal fees to the Plaintiff. Sara's house is worth less than that figure. She still is in possession of it and it has now been over 3 years since her case started.
My wife is pissed!! We tendered a good faith payment and relied on Florida Statute and Public Law when doing so. They had the tender and never returned it or tried to present it for payment. The Florida statutes say the debt is discharged if they fail to do this. Under Florida Statute ยง673.6031(2) tender of payment discharges a debt if tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused. This is exactly what they did. They refused payment and it was based on hearsay. All they had to do is go to John Snow and if he had refused it or sent us a notice of dishonor that would have been the end of it. This they did not do. They said it was not their responsibility to take it to the drawee and that is crap. Stay tuned.
iamfreeru2
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09-19-2004, 02:20 PM
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This is what happened in court today
iamfreeru2
Others have faced the same dilemna of not being allowed to speak for their spouses. Some have argued reiligious beliefs: that husbands answer for their wives since they are the head of the household. Others added themselves to the lawsuit as Co-Defendants since what affects one spouse unavoidably effects the other. I believe they added themselves even after the lawsuit was served upon them with only the wife's name on it. Don't recall if they had to cite case law or statutes to join as Co-Defendant's or if they simply added their name to their pleadings and just filed them as such. That's where you need to do a little research.
Once on board as Co-Defendant and you state that you will be doing the talking for the both of you, there is little if anything that the judge can do to silence you.
Hope that helps.
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09-19-2004, 04:40 PM
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Come and Get Some!
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This is what happened in court today
Buscador,
My strawman is already listed as a defendant in the case. Like I said at the rehearing the judge will not do that to me again.
There are many issues that do not allow summary judgment that have already been brought up in our docs. They had a conference I am sure before we went in to railroad us, but I will be totally prepared at the rehearing. Fool me once shame on you. Fool me twice shame on me. Thanks for your input as well.
iamfreeru2
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09-19-2004, 07:23 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 373
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This is what happened in court today
TITLE XI. GENERAL PROVISIONS > Rule 81.
Next
Rule 81. - Attorneys
(8) Pro Se.
An individual may represent oneself or a member of one's immediate family as a party before the court. Any other party, however, must be represented by an attorney who is admitted to practice in this court. A corporation may only be represented by counsel. The terms counsel or attorney in these rules shall include pro se litigants.
According to USC the judge is breaking the law not you.
__________________
sadie
not legal advice - just my 2 cents (not lawful money)
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09-19-2004, 08:25 PM
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Come and Get Some!
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This is what happened in court today
Sadie,
You might want to change your signature to not say (not lawful money) and instead say (not real money). Real money is "Money which has real metalic, intrinsic value as distinguished from paper currancy, checks, and drafts." Black's 6th
iamfreeru2
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09-20-2004, 09:37 AM
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Mental Jujitsu
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Join Date: Oct 2004
Posts: 823
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This is what happened in court today
iamfreeru2, have you wife sign a power of attorney, so that you can handle all of her business!!!! That will take care of that:-)
__________________
And speaking of successes - congrats to gregtu: you just made the 10,000th post on suijuris.
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09-20-2004, 10:23 AM
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This is what happened in court today
gregtu,
That certainly sounds straight forward enough, but are you sure that a POA allows one to represent someone in Court? I understand about the sanctity of contracts re: third party interference, yet I wonder how a Court would see it?
(Despite what one reads on the internet.)
Thanks for this morning's ministering. Very moving.
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09-20-2004, 10:33 AM
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Mental Jujitsu
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Join Date: Oct 2004
Posts: 823
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This is what happened in court today
buscador, thanks. My understanding is you can have anyone represent you in court.
__________________
And speaking of successes - congrats to gregtu: you just made the 10,000th post on suijuris.
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09-20-2004, 10:38 AM
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This is what happened in court today
Yeah, I'm still unclear on that. Different answers depending on who you ask.
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09-20-2004, 12:07 PM
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Sui Juris Moderator
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Join Date: Oct 2004
Location: Maine state
Posts: 873
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This is what happened in court today
iamfreeru2,
The practice of Law CAN NOT be licensed by any state/State
Schware v.Board of Examiners, 353 U.S. 238, 239
The practice of Law is AN OCCUPATION OF COMMON RIGHT!
Sims v. Aherns, 271 S.W. 720 (1925)
Non-lawyers can assist or represent litigants in court.
JOHNSON V. AVERY, 89 S.Ct. 747
Members of group who are competent nonlawyers can assist other members of group achieve the goals of the group in court without being charged with "unauthorized practice of law"
BROTHERHOOD OF RAILWAY TRAINMEN V. VIRGINIA , 377 US 1;
NAACP V. BUTTON, 371 US 415 (1962);
SIERRA CLUB V. NORTON, 92 S.Ct. 1561;
UNITED MINE WORKERS V. GIBBS, 383 US 715;
FARETTA V. CALIFORNIA, 422 US 806
group = family?? why not?
Family = the only corporation (group?) ordained by God.
For HIS Glory,
Akira
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel
"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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