Well, July 7th 2018….. the day the reply brief was due…. my 52nd birthday….and I must add it was not my best birthday…. but I did submit the Reply Brief on time… I tried to amend this so that I could add an appendix with the proper page numbers for all the additional cases I wanted the judges to see…. but It was denied…. the 38 exhibits that I submitted to the 2DCA were deleted… the supplemental material I tried to add…. in two volumes…. with a total of 1720pages was also denied….
I was sooooo exhausted trying to get an appendix or supplement or exhibits into the record….with all the necessary materials for the court to see…. It just seemed so jaded…. no matter what I was doing to make everything right…to be fair as it was the appellant responsibility to make sure that all the material was submitted into the record for the judges to have for their decision…
but from the beginning …. Nicole Planell first lied about not having any knowledge of a guardianship….
So I wrote petition motion to review an order…..what I should have entitled it was probably some type of Notice of fraud….. I wrote 120 pages with 49 exhibits proving that not only did she know there was an alleged guardianship involved but she herself personally questioned the guardian in the August 5th 2016 hearing before Honorable Judge Hugh Hayes…. long story short…. her lies were what had the supplemental request denied.. All I was trying to do was to show the facts…. the fact that she did not want in the record…. the fact that would prove without a shadow of a doubt that the mortgage was void and that she had no legal right to ever have filed a foreclosure suit in the first place….
But she does belong to a large and powerful lawfirm who answers to a large and powerful bank that obtained the Option One mortgage after David J Stern lost his license and ability to practice law…. hummmm…. I guess they thought it was a slam dunk… take a mortgage that isn’t valid from a girl….behind her back without her involvement or knowledge…. and not follow any ethical or moral path just to try to obtain property that they have no legal right o possess….
I am constantly stunned at the actions and arguments and the rulings that don’t make any sense when placed against the letter of the law….
I have to thank God, the family and friends that are supportive and on my side … all the clerks at the collier court house both probate and civil… the law libraries for the government building, Ave Maria law school, Stetson Law School, Florida State Law School and all the people who have been supportive, kid nice and helpful in so many ways…. whether it was to wipe away the tears, to give encouragement and guidance…. and even to pray for me… Thank you It is still not over… the Oral Argument is scheduled on December 04, 2018… and I believe the Appellee’s answer brief was so lacking in substance because most lawyers believe their strength in in their ability to argue…. I personally do not like to argue and prefer peace… calm and so I continue to pray for miracles… please pray for me….
If you click on the link it will provide the Appellant’s Reply Brief that is a total of 20 pages
REPLY BRIEF DOCKET NUMBER
First, I was a bit baffled at the length of Appellee’s answer brief as it was only 13 total pages…. Attorney Nicole P Plannel had the same opportunity as the Appellant to file a brief that was 50 pages in length… but she chose to not take that opportunity… she did have 22 cases in the table of citations….
my father stated that Nicole Planell has “a very lose relationship with the truth”… and I must say I agree with him 100 percent! She doesn’t seem to find it important that there were tons of fundamental errors… she seems to believe that her wrongful foreclosure…. using a void mortgage….. VOID since its signature and inception in 2006… doesn’t matter in the court of law… that having an invalid guardianship…. an improper representation by a lawyer that never requested a petition to act…. nor was granted any court authority to act along with no service of process and the lack of the defendant’s presence in the final judgement…. somehow she thinks that her big law firm and her big bank are not subject to any of the rules and regulations that govern our county…
I pray she is not correct to assume that whomever has the loudest voice with the most money can buy any verdict …
so I’d love to hear what anyone else thinks about her answer brief…. not in comparison to the appellant’s (my) initial brief or to appellant’s (my) reply brief… but how she was able to not address any of the major issues and able to rewrite history…. its amazing to me how this case ever went to court….
FACT ONE: Judge Hayes himself signed the “Order Determining Limited Incapacity” with the right to contract removed on January 03, 2006. This right was delegated to the guardian.
FACT TWO: The Option One Mortgage was signed on November 02, 2006.
FACT THREE: When an Order determining any type of incapacity is signed, and it takes away a right… that right is delegated to a guardian… there cannot be two person’s possessing the same “right to contract” at the same time…
therefore…. the signature HAD NO legal binding… and it is a VOID contract…. “VOID AB INITIO”…. which is clear from the DISMISSED foreclosure case ( 2008-2011) David J Stern- Residential Funding….. ( Mathew Kale as attorney who signed the lost note affidavit….) David J Stern’s foreclosure case (11-2008-CA-001272-0001-XX) still has a judge and docket number assigned…. Docket # 68 ( 06/30/2018)….
Anyone remember David J Stern…. He claimed to have possession of my mortgage… this same Option One Mortgage that was transferred to 21st Mortgage after David J Stern lost his license to practice law ( 2014)…..
Bottom line … It was a VOID contract….. a Void Judgement and never should have happened…..
APPELLEE ANSWER BRIEF DOCKET NUMBER
Soooooo there has been a lot going on since the last post…. ( NICEST PERSON WHO HELPED ME TO REMEMBER HOW TO DO A BLOG POST….) SO here goes… last post was still litigation in the lower tribunal and I believe it was the transcript of a hearing before magistrate Friedman…. This hearing was not supposed to exist… I properly submitted the objection to the magistrate…. but
It was however, the very first time I ever met Attorney Linda Yerger…. and was the hearing where she withdrew …. funny that I never met the woman/ attorney who allegedly was defending me from a wrongful foreclosure… the same woman who I never met who filed two wrongful bankruptcies in my name without my permission… and who lost the case in the lower tribunal….
Her loss let me to file the objection to the foreclosure sale….. which concluded in docket 204 and 207 which stated as a verdict: vacate of the foreclosure sale and also the objection to the foreclosure sale vacated…. Attorney Nicole P Plannel of Quintarious Pietro Wood and Boyer ( Miami) sent Judge Hayes an Order to sign…. not for the vacate that was written in the docket but a “SUSTAINING ORDER”…. when Judge Hayes signed the sustaining order and granted her motion for her “reconsideration hearing”, I hired Robson Powers to litigate the reconsideration hearing… unfortunately he also lost in the lower tribunal…. so his loss led to the submission of the “Notice of Appeal” ( May 10th 2017)….. and the current status of the wrongful foreclosure that has a scheduled Oral Argument on December 04, 2018….. but I am getting way ahead of my self… there is so much more to this entire “adventure”…. (ok…. in truth… the past 16 years has been more than any adventure…. I was just trying to be optimistic…. it has weighted heavily on my health, ruined about everything….credit finances hopes wishes dreams and goals… but by the grace of God I have been able to keep fighting and searching for justice….
Today’s blog post was a test…. (to see if I could remember how to add a post)… and by the grace of GOD and a lot of help by the nice gentleman in tech support… we will see …. if I can do this correctly! Ha….
So this post contains the PDF of the Amended Initial Brief…. submitted on January 11, 2018. The Appellant’s Amended Brief was amended from the December 26th 2017- ( initial brief). If anyone is reading this….Please Pray for me…. I am still praying for miracles…. victory in the Appellate Court…. HUGE financial miracle, protection from all harm….. and restoration of everything broken, stolen, ruined and destroyed…. basically my entire life….HA! But GOD answers Prayers…. I just can’t wait to see how enormous his answer will be!….
Please click on the link to view and read the Amended Initial Brief:
AMMENDED INITITAL BRIEF DOCKET NUMBER
foreclosure docket 193 efiled #51075422 on 01/11/2017 new and improved Motion for continuance 8pgs submitted through an eportal created for and by mary jean ziska 8pgs
docket 196 transcript hearing 10 25 2016 21pgs efiled 51580283
foreclosure docket 198 Transcript of proceedings ( infront of judge Hayes) on 01/12/2017 efiled #52098969 on 02/06/2017 pages
docket 198 02 06 2017 transcript of proceeding judge hayes 01 12 2017 efiled 52098969 pgs
foreclosure docket 196 refiling of Transcription of Proceedings 10/25/2016 21pages efiling #51580283 on 1/24/2017 in portal created by and for mary jean ziska
docket 196 transcript hearing 10 25 2016 21pgs efiled 51580283
foreclosure docket 180 11/30/2016 refiling of Objection to the magistrate’s recommendations efiling#49443622 efiled through through a portal created by and for mary jean ziska 6pgs
docket 180 11 30 2016 refiling objection to the magistrrte recommendations 6pgs efiled 49443622
foreclosure docket 179 11/30/2016 refiling of Motion for extension of hearing 2pgs efiled in portal created by and for mary jean ziska
docket 179 11 30 2016 refiling of motion for extension of hearing 2pgs
foreclosure docket 178 refiling of Objection to the magistrate efiled#49362881 in portal created by and for mary jean ziska 5pgs
docket 178 11 29 2016 refiled objection to the magistrate 5 pages efiled 49362881
foreclosure docket 177 refiling correspondence to judge from marion Gregory 11/28/2016 efiled in portal created by and for mary jean ziska #49351644 one pg
docket 177 11 28 2016 refiled corresp to judge from marion gregory efiled 49351644 1pg