From a Lee County internal email…
From: Ederr, Suzanne
Sent: Friday, January 29, 2010 5:20 PM
To: Cary, G. Keith
Cc: Kellum, Susan G; Bauer, Terri
Subject: RE: Certified Process Server Issue – Camille Cavallo
« File: LetterGKC – Cavallo1.docx» « File: Cavallo-Camille.doc »
One more minor twist .. .. Corporate Counsel for ProVest sent a 6 page letter seeking guidance as to how they can save their 300 plus served summonses. One thing that they do point out is that the list posted on our website did include Ms. Cavallo which means that she was technically on the Chief Judge’s list as of Jan. 22nd• I have since had the list pulled off of the website and we will post the new one for 2010 next week. In looking at the old list that was posted, I note that it does NOT indicate 2009 in the title, and so I guess ProVest sort of has a point in that she was still on the list as of Jan. 22nd• That doesn’t cure the fact the Ms. Cavallo didn’t sign a new oath and served process using her expired card, with total disregard, and does not change my recommendation. But, it does give me an idea as to how we may be able to help out ProVest.
I’m thinking that in addition to not including Ms. Cavallo on the 2010 list, we can also use language that REVOKES her appointment effective January 22, 2010, 11:59 p.m. We do need to do a revocation order anyway and we can just specify the effective date in the order of Jan. 22rd rather than Jan. 1st. I do not know for sure if this will cure the legal issue of whether service was defective, but it will most certainly give the Plaintiffs/ProVest a very strong argument should someone challenge service of process . .. Ms. Cavallo was appointed to the Chief Judge’s list of certified process servers and that appointment wasn’t revoked until Jan. 22rd• We don’t have to ((extend” her 2009 appointment or somehow deal with the issue of having her sign and backdate an oath to cover Jan. 1 thru Jan. 22.
Why is it that EVERYWHERE we look, EVERYONE is slated AGAINST the homeowners?
They are the ONLY people in this mess who DID NOT BREAK THE LAW.
To read the email and the judges letter in its entirety, head over to Matt Weidner’s site here…