Supreme Farce

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LEGAL DISCLAIMER: Please note that this post, as all others, represents purely my personal intellectual opinions and emotional feelings, and are not to be construed as anything more. As they say on “COPS” “All parties are innocent until proven guilty.” Since this case is still active, the final judgment of the justices has yet to be determined, but their ruling will be based on the official case records, which by law are available to the public (only certain of those documents are available online. For all others (transcripts, pleadings, etc.) you can only view them in person at the Florida 17th Circuiit Court in Broward County, Florida.

A brief poetic post to update you all

on the state of my legal fate under Florida law.

• • •

As last you heard my appeal it was won,

My adversary, livid, sought to have it undone.

Not wanting the Judges to be burdened with facts,

she tried striking my answer in a childish attack.

The Court had no patience to play such games.

Their mandate well-reasoned, the law very clear,

Three appellate judges denied her “Motion to Rehear”

• • •

In a fit of hysteria over the defeat of her plea,

unable to acknowledge loss gracefully,

my adversary scowled and dug in her heels.

Grabbing a torch for the earth

she’s threatened to scorch,

and is now charging onward

to the State Supreme Court.

• • •

Think about this. Yes! You heard me right.

My adversary’s taken to the Supreme Court her fight.

• • •

It does not matter that she abused my trust

nor does she care what is fair or just.

She flaunts the very law she’s sworn to uphold,

and perverts her fiduciary duty to benefit herself.

What matters to her most at the end of the day?

Simply to avoid all consequences, deflect all blame,

and shift to her victims her burden and shame.

• • •

She’s blind to the truth and deaf to my cries,

blissfully ignorant no one’s buying her lies

She’s contemptuous of all who don’t see her way,

charges them as biased, stupid or mean,

yet expects her bare argument and tears to sway.

• • •

With arrogance she proceeds to go higher and higher,

pushing her luck and refusing to quit.

But perseverance alone cannot bring her honor,

for she’s littered the pathway with hatred and bile.

When the goal that one seeks

relies on corpses and ruins,

there will be no adulation nor respect conferred.

• • •

How sad and lonely it must be

to live your life perpetually

behind a facade only you can see

with nothing of substance inside.

• • • ƒini • • •

• • •

• • • BACKGROUND LINKS • • •

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Justice Oliver Wendell Holmes, Jr. Speaks

“Justice Oliver Wendell Holmes, Jr. Speaks”

Pigskin Journal for Legal Briefs

“Pigskin Journal for Legal Briefs”

Pigskin Journal for Legal Motions

“Pigskin Journal for Legal Motions”

WHAT’S NEW ON ZAZZLE

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Got My Answer – Justice IS Possible in Florida!

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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)

WEIGHT OFF MY SHOULDERS

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Is Justice Anathema To Florida Probate?

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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.

GLOSSARY:

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Just because I'm BLIND, doesn't mean I can't see the TRUTH!!

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What Do LeBron James, Ron Shegda,The Sigal Brothers & IconDoIt Have in Common?

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It has been a monumental week, to say the least. I have been so overwhelmed with various events, emotions, and activity that I feel like Dorothy, caught in the Eye of a Tornado. From concern for my Father and Step-Mother with their transition to 24/7 in-home nursing care; to the sadness over the loss of an Uncle I had always hoped to know; to the whirlwind of activity on behalf of a good friend of mine, Leicester Bryce Stovell, Esq. when the media broke the news about his lawsuit against the most prominent professional athlete of all time; to designing a new logo and campaign materials for Ron Shegda, who’s running in Pennsylvania for State Representative from the 136th District, to getting new products out for my Zazzle store; and last, but not least, fighting with my own genetic demon (a.k.a. Hereditary Hemochromatosis) and its predictable unpredictability.

As a result of all that, I have not been able to post for several days and have not had the time or energy to either think or do some research in order to leave you with some interesting, useful, intriguing, informative, and/or controversial copy to go along with this evening’s new artwork. Forgive me. I hope to be back to “normal” (at least to what passes for “normal” for me) soon!

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24-7 Nursing Care Clock

Do You Know Where Your Genes Are?

Basketball - It's In The Genes!

Basketball - Who's Your Daddy?

Logo for Ron Shegda Campaign Buttons

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Justice Watch – Week 16

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In the process of writing Sunday night’s post, I spent quite a bit of time surfing the ‘net in search of all that I could find about my Uncle and his little family and especially what his two son’s had been up to in the years since I had visited their parents. There was SO much, that I’m sure I hardly made a dent! I was so fascinated by their passions and accomplishments that I stayed up the entire night reading to the point that my brain got so overloaded that I felt my head would explode and so I shut down my Mac and proceeded to sleep until almost 3:00 pm on Monday. I don’t know why I do things like that (staying up all night) but it seems like I alternate between two extremes: from not being able to focus or remain awake for more than 20 minutes at a time to being in hyper-focus mode for 24-36 hour stretches. Before I went through Chemotherapy, I only functioned in one mode which was all out all the time and sleeping no more than 4-5 hours a night without skipping a beat. I hate that I’ve lost that ability as I always thought that life is too precious to waste it sleeping. Sigh.

In any case, I hope to learn more about my cousins endeavors in order to intelligently fill you in. In the mean time, being yet another Tuesday, I’ll be on my “Justice Watch” for what is now the 16th week since the 3-Judge Appellate Merit Panel began to deliberate over my case, and I’m praying that this Wednesday morning will finally shine on a published opinion. As usual, I’ve made some new legal icons for you this week, where one of them, a symbol for World Justice, has been inspired by reading about my cousin, Ivan Sigal, who is the Executive Director of “Global Voices“, an organization of Bloggers in more than 150 countries. Because of that role, he had been invited to be a part of a panel at the 2009 event “Passing the Baton” held by the US Institute for Peace to speak about the powerful influence of the Internet, and blogs in specific, that can be used to encourage and spread peace as well as to foment conflict and terror, and how it is vital for both the government and citizens to actively engage online, both listening and learning as well as building a strong, positive presence. (Forgive my huge simplification but I hope I got it correct.).

Enjoy!

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The following images are reduced size previews. Simply right-click (or control-click) on the preview to save a zipped file to your desktop that contains all images in each preview group (each image is 512px X 512px in .png format) or, in the case of the individual icons, do your clicking on each one you’d like to download. 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 3.0 license. (See sidebar for details)

World Justice

Black Justice 2

Black Justice

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Small Steps, Big Feat

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I’m baaack! Actually, I got home from my little expedition to my Dad’s a week ago tonight but the trip took so much out of me, both physically and emotionally, that I have pretty much slept for the past 7 days! – To so many of you who had written to me both on and off this blog, Thank You so much for worrying about me and for being patient with me and forgiving me for being “off blog” longer than I had originally planned..The trip I took (approx. 350 miles from my home in a suburb of Cleveland, Ohio to my father’s home in Allentown, Pa.) was for only 4 days but was a monumental event in more ways than one.

Forgive me for boasting, but in light of my having been (literally) confined to bed for the last 7 years, the fact that I made it there and back again in relatively good shape feels like a huge accomplishment. For several months before we went, I had to work really hard to build up the stamina to be able to sit up by myself for an hour or so at a time and then to be able to walk (with my spiffy blue Drive Rollator) for short distances (like from a parking lot to my seat at a table in a restaurant). And then, perhaps most importantly of all, I had to work on being able to simply stay awake for more than a 2 hour stretch at a time! In some ways, it sounds ridiculous to be so pleased about having attained such seemingly meager goals, but from where I started, it IS a big deal. Of course, I couldn’t have done it without the help and inspiration from me hubby and son, who were absolutely wonderful in their support and keeping me safe and doing all the driving (8 hours each way!)

Forever Young T-Shirt

“Forever Young” – Image on the T-Shirt I created for my Dad’s 85th birthday features a photo of him when he was 25 yrs. old.

One of the other reason(s) this trip was so monumental was the purpose of it: We went to celebrate my Dad’s 85th Birthday!! Now THAT’s an amazing accomplishment and blessing! Not many folks are lucky enough to reach that age and I’m willing to bet that of those who do reach 85, very few have the honor of throwing out the first ball at minor league baseball game!

Dr-Sigal-Anticipates VIctory

“Dr., Lt. Commander, Roland L. Sigal, throws out 1st Ball at game between the AAA Phillies Iron Pigs and AAA Wilkes Barre Yankees. And,
Yep! That’s Ron Shegda, our Republican Candidate for PA. State Representative, 136th District, guiding “Rolly” onto the field.”

I’ll have a lot more to share from my trip in future posts – right now my head is still swimming and trying to sort out my thoughts and feelings. Rather deep things to think about first. In the meantime, being yet another early, early Wednesday morning, so I leave you with a few more law-related icons. Praying today will be Justice Day!

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 3.0 license. (See sidebar for details)

Sections-Rules-Statutes

Statutes And RulesStatutes and Rules on Background

Dewey A Gree

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Justice Watch – Week 13

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Yep, I’m still here and still waiting for the District Court to publish their opinion on my case. My lawyer told me that as of 3:30pm Tuesday the files were still back with the 3-Judge Merit Panel which means it is unlikely that an opinion would be issued tomorrow but you never know. Unfortunately, there is no way to find out why the Judges are taking so long with this case as no one at the courthouse is allowed to discuss a case before an opinion has been officially published. I am sure that there is a good reason though and keep reminding myself to take a deep breath and be patient. I have a feeling that, when the opinion gets issued, it will offer some very interesting reading. I’ll let you know!

And, of course, for today’s freebies, I’m serving up a few new law-related images I created for use as icons or clip-art. As a reminder, if you use any of my artwork on your own (non-commercial) blog or (non-commercial) website to illustrate one of your posts, please be sure to include somewhere on your blog or website a link back to my IconDoIt blog, and also, please send me a message (via e-mail or a comment) with the URL link to where you have already and/or propose to use my original artwork. Thank-You! I really appreciate that courtesy.

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 (non-commercial) use while subject to the limitations of my Creative Commons Non-Commercial – Attribution – No Derivatives 3.0 license. (See sidebar for details)

In Black & White

“In Black & White” – What could be more clear?

Protected HomesteadProtected Homestead

Home Security

“Protected Homestead” – Perfect illustration for posts about Asset Protection, Estate Planning, Bankruptcy, Home Security, etc.

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