When is this going to stop?
Earlier this month we brought you an order out of Lee County that a Judge is flat out saying that the Florida Rules of Civil Procedure do not apply!
Posted by Foreclosure Fraud on December 6, 2010 ·
This is outrageous! Now a Judge is flat out saying that the Florida Rules of Civil Procedure do not apply! Florida Rules of Civil Procedure 1.510 Summary Judgment e) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, … Read more
Shortly thereafter Mr Charlie Green had to get his two cents in…
Posted by Foreclosure Fraud on December 24, 2010 ·
From Urban Dictionary: The term “pigs ass” is used in many situations. It is most commonly used when someone claims something is not true. And we all remember Lee County Clerk of Court Charlie Green from previous articles right? LEE COUNTY CLERK: CHARLIE GREEN Executive Assistant: Laura Bennett P. O. Box 2469, Ft. Myers, FL … Read more
Then earlier today there was a report that the judge tried to “fix” his order while still not requiring the banks to follow the law…
Posted by Foreclosure Fraud on January 5, 2011 ·
Well well well… Look what we have here… Leaked document shows Lee Co. judges tried to fix foreclosure error A 4 In Your Corner investigation reigning in Lee County foreclosure judges? Judges not requiring banks to show how much homeowners owe…even though they’re supposed to. Now, a leaked document has surfaced…showing Lee judges trying to … Read more
Well, now I just received this transcript and order that states that the courts in Lee County do not have to comply with another Rule of Civil Procedure…
First from the transcript…
DEFENSE: Yes, judge. In all due respect, I did not disobey your order (for not setting motion to dismiss for hearing). We got got back to the office and discovered that they have no recorded activity for over 12 months, they’ve been served with the notice for lack of prosecution.
I can not comply with your court order without — bailing out the bank is what I would say, and I think my tax paying dollars have done enough of that.
COURT: Set it for trial.
DEFENSE: We are not at issue.
COURT: We are now.
DEFENSE: Judge, we can’t be at issue.
DEFENSE: In all due respect, you want me to set this down to strike that motion–
COURT: I don’t know what you’re going to do, but nobody is going to do anything, so the only — so if nobody is going to do anything, I’m deeming all other pleadings waived and set it for trial.
They won’t do anything, you won’t do anything, so that leaves me.
DEFENSE: Judge, there is case law right on point, Leeds versus C.C. Chemical. It says that you’re not allowed to put it on a docket, first of all. It’s error if you do so if you’re not at issue.
COURT: I’m saying you’re at issue by virtue of the fact that nobody has done anything and nobody is willing to do anything and the court is declaring you at issue and setting it for trial.
DEFENSE: I understand. Thank you, Judge
Court: They know me by my work up there.
DEFENSE: We must be talking about the Second district.
Now from the order…
The court determines that the case has not moved forward for over 10 months and, for that reason, this court elects to set this matter to the next trial docket.
Ordered and Adjudged:
Defendants Motion to Dismiss is waived by the court;
This matter is hereby set for trial Feb, 22, 2011. Lee County is not requiring compliance with Fla. R. Civ P 1.440 and does not consider the holding in Leeds v. C. C. Chemical Corp., 280 So. 2d 718 (Fla. 3rd DCA 1973) controlling in foreclosure matters.
Done and Ordered
Order and Transcript below…
Lee County Transcript Onewest v Garcia
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Lee County Order Onewest v Garcia
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