• Content Count

  • Joined

  • Last visited

Community Reputation

58 Excellent

About delta1

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
  1. Thanks. This is very helpful. No I did not receive it as a result of discovery. They filed it on their own as I raised it as an affirmative defense. They pushed for mediation which will take place in March. I objected, judged ignored and ordered it. Also allowed reps from Midland to appear via telephone dispite my objections. Their testimony would be hearsay as they are not the OC. Judge has bigger fish to fry and wanted it off his desk. Comtemplating getting an attorney before mediation. We will see what happens with the MTS.
  2. Midland filed a blanket bill of sale referencing the accounts in Section 1.2 of the Agreement and of course no section 1.2 attached. I am doing a MTS and was wondering if anyone had any case law. I know if Florida "when a document supplies the basis for an affiant’s personal knowledge, the affiant must attach the document to the affidavit." Fla. R. Civ. P. 1.510(e); CSX Transp., Inc. v. Pasco County, 660 So. 2d 757 (Fla. 2d DCA 1995). However, this is not an affidavit (not even notorized) just signed by the OC VP and Midland and the signature for the Midland President has someone's initials next to it as if he didn't even sign it himself. So if anyone has any Florida or Federal case law pertaining to bill of sale, assignment and assumpton agreement I would appreciate it. Thanks
  3. True: It was tastey; however it took more than 30 minutes TNP: Subscribes to more magazines than they can read
  4. FALSE: Don't know if it sounds delicious but it certainly sounds interesting TNP: Enjoys watching the food network
  5. After being formally notified twice via formal sworn affidavit sent CMRR, by the independent process server via verified return of service, and in our answers and defenses, the attorney continues to direct all correspondence, pleadings, discovery etc.. to an incorrect address. Have to check the clerk's website, go and pay for copies of everything they have filed. The attorney was also notified in the affidavits that the court files did not contain the interrogatories and they never resent them. She did an ex-party motion to compel the answers to rog's and got the judge to sign the order. By the time I got copies of the MTC and Order they turned around and did a motion for sanctions including striking all of our pleadings. We have answered all of their pleadings within the time prescribed, a few of them had to be prepared and filed the same day. (courtsey copies were also hand delivered to the Judge's JA) One was 2 days late. To date we still have not received a copy of the interrogatories. They have set all their motions for a hearing and I placed a call to the JA yesterday to add our motions to that hearing, just waiting for a call back. I want to file a motion for sanctions for willfully and knowingly hindering the defense and violating rules of professional conduct "Fairness to Opposing Party" and any other rule I can fit this in to. That's it in a nutshell.
  6. Just filed a formal complaint with the bar about an attorney representing Midland. I don't even think they read their mail. Anyone point me in the direction of a good motion for sanctions for misconduct.
  7. What device you use to place a call to the dentist when the whiney kids don't brush their teeth? census
  8. False: Have one from the Cheese Cake Factory! TNP: Prefers plain cheesecake over fruit, flavorings etc...
  9. I think it is going to worse before it gets better. One another note... atleast you prevailed and were able to discern and realize it was "faux courage". Tell the red suited guy to take a long vacation.
  10. Shouldn't all 3 intersect at some point?