Supreme Farce

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 • • •

BACKGROUND LINKS for November 20, 2010

• 4DCA’s MANDATE in “CARLIN v. JAVOREK
• FLORIDA SUPREME COURT DOCKET
• SCORCHED EARTH POLICY
• FIDUCIARY DUTY OF LOYALTY
• RELATED POSTS: “Legal Adversaries, Old Flames & Divine Irony”
• RELATED POSTS: “Is Justice Anathema To Florida Probate?”
• RELATED POSTS: “Thoughts on Truth & Justice (& Legal Icons)”
• RELATED POSTS: “Our Continuing Saga of Justice Delayed”
• RELATED POSTS: “Justice Watch – 12 Years, 9 Months & Counting”
• RELATED POSTS: “Lawyers, Guns & Money”
• RELATED POSTS: “Reaching Justice”
• RELATED POSTS: “Situational Truth? Humbug! (+ Law-Related Icons)”

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)

“Justice Oliver Wendell Holmes, Jr. Speaks”

“Pigskin Journal for Legal Briefs”

“Pigskin Journal for Legal Motions”

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THE BILLABLE YEAR
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Got My Answer – Justice IS Possible in Florida!

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)

Autumn Splendor & Russet Icons

It was a lovely day I’m told, up here on the north coast of the USA at the edge of Lake Erie. One of those clear, crisp, bright and colorful autumn days, perfect for a walk around one of Ohio’s incredible state parks. While it’s been years since I’ve been able to do that myself, I’ve been blessed with such vivid memories that I just close my eyes and can hear the crackle of the dried, fallen leaves beneath my feet; the smokey, vaguely meaty smell of a wood-fire rising through a chimney at a nearby lodge; the distant creaking and gentle laughter of children playing on the swings; the peaceful honking of geese flying in a perfect “V” formation on their way down from Canada and passing through to reach Georgia for the winter; and the taste of crisp, tart winesap apples in my mouth. Just thinking of these sensations brings a smile to my face. You just can’t beat those simple pleasures. So while I slept through most of the daytime hours (a consequence of the flu shot I had last week because of my almost non-existent immune system), my imagination served me well with the next best thing.

As a follow-up to last night’s premier of my Russet series of icons, tonight I’m serving up the balance of that series, which includes a coordinating wallpaper (packaged in 3 different sizes). Enjoy!

The following images are reduced size previews of all clip-art included in the following 4 linked-to zipped archives. Simply right-click (or control-click) on the preview of your choice to save all of the full-size images to your desktop. (Unless otherwise noted, downloads are 512px X 512px in .png format). As always, usage of any of the images offered in the “Free Clip-Art / Icons of the Day” section are free for your personal use, subject to the limitations of my Creative Commons Non-Commercial – Attribution – No Derivatives – Share Alike- 3.0 license. (See sidebar for Terms of Use) For commercial or any other use, please contact me for directly.