Wednesday, December 9, 2009

"Purported" 3d DCA Watch -- Guy Bailey Jr., Leo Greenfield And Jack Kerouac Edition


Hi kids!
Everything is the same, the fog says 'We are fog and we fly by dissolving like ephemera,' and the leaves say 'We are leaves and we jiggle in the wind, that's all, we come and go, grow and fall' — Even the paper bags in my garbage pit say 'We are mantransformed paper bags made out of wood pulp, we are kinda proud of being paper bags as long as that will be possible, but we'll be mush again with our sisters the leaves come rainy season' — The tree stumps say 'We are tree stumps torn out of the ground by men, sometimes by the wind, we have big tendrils full of earth that drink out of the earth' — Men say 'We are men, we pull out tree stumps, we make paper bags, we think wise thoughts, we make lunch, we look around, we make a great effort to realise everything is the same.'
That's Jack Kerouac, in the depths of delirium tremors from alcohol abuse, roaming around the central California coastline in his last semi-coherent book, Big Sur.

I feel like I stepped into Jack Kerouac's alcohol-soaked dharma brain reading this fascinating opinion by Judge Salter, involving disbarred local attorney Guy Bailey, Jr., and possible one-time attorney Leo Greenfield.

Greenfield's "purported" attorney status is described thusly:
Greenfield’s disciplinary resignations, tantamount to disbarment, are reported at The Florida Bar v. Greenfield, 868 So. 2d 525 (Fla. 2004), and 634 So. 2d 628 (Fla. 1994).
To get the right flavor for this opinion, consider the "purported" order under appeal, titled "Order Granting Motion for Reconsideration of Order Dated November 21, 2008 Granting Plaintiff’s Motion to Vacate Order of June 6, 2008 Pursuant to Fla. R. Civ. P. 1.540(b) in that Court Was Without Jurisdiction to Enter the Order, Vacating Same, and Substituting the Within Order in Its Stead.”

Any order whose title alone is nearly a full paragraph long must have been written by Jack Kerouac.

Here is Judge Salter trying to unpack it all:
The text of the Order, and prior orders in the same case, described a series of procedural maneuvers by the appellants, in three judicial circuits, obviously calculated to delay a commercial foreclosure in Polk County, Florida.

The very filing of the notice of appeal was immediately called into question by the appellees. One of the appellants, former Florida attorney Leo Greenfield, signed the notice of appeal on behalf of attorney Guy Bailey, Jr., in a signature block for counsel for Diversified. In short order, for reasons having nothing to do with this case, Bailey himself was disbarred.

Bailey and his firm then withdrew as counsel for Diversified, and a motion for extension of time to file the reply brief was then filed (based on Diversified’s successor counsel’s purported need to review the file). “Purported” is once again the correct term, because it developed (in subsequent affidavits directed by this Court to be filed by the purported successor counsel and by Greenfield) that purported successor counsel for Diversified had not authorized anyone to file a motion for extension of time on his behalf, to sign any such motion, or to enter any other form of appearance in this appeal. An inspection of the motion for extension of time revealed that only photocopied signatures were filed, and that they were strikingly similar to those filed in a circuit court pleading. In his own sworn affidavit, Greenfield denied having filed the unauthorized photocopied signature. The purported successor counsel and yet another prospective successor attorney for Diversified withdrew, leaving Diversified without representation.

Following these revelations, we dismissed Diversified’s appeal with prejudice. We now turn our attention to Greenfield, the remaining appellant.
So kids, how do you think it turned out?

Well, let's put it this way -- Judge Salter transmitted the whole thing to the Florida Bar for further consideration.

Maybe the appeal wasn't that good an idea?

BTW, you can read Guy's disbarment by consent order here.

7 comments:

  1. The shitty lawyer says "I am a shitty lawyer. I take trees from the tree stumps and turn them into pulp which i then turn into paper which i then write shitty lawyer things on and then file them with the clerk of court by hand and before 4pm."

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  2. The shitty lawyer likes to be a lawyer, that's what this type of lawyer does, it's who he is, it's in his blood like a San Francisco night, burning, all-encompassing until he drops down like a heap and proclaims "IT'S SHUMIE TIME"!!!

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  3. fake Scott Rothstein as KerouacDecember 9, 2009 at 5:30 PM

    "...Drunken visitors puking in my study, stealing books and even pencils ...Me drunk practically all the time to put on a jovial cap to keep up with all this but finally realizing I was surrounded and out numbered and had to get away to solitude again or die"

    I wake up drunk, sick, disgusted, frightened, in fact terrified by that sad song across the roofs mingling with the lachrymose cries of a Salvation Army meeting on the corner below "Satan is the cause of your alcoholism, Satan is the cause of your immorality, Satan is everywhere workin to destroy you unless you repent now" and worse than that the sound of old drunks throwing up in rooms next to mine, the creak of hall steps, the moans everywhere --Including the moan that had awakened me, my own moan in the lumpy bed, a moan caused by a big roaring Whoo Whoo in my head that had shot me out of my pillow like a ghost."

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  4. Oops. Maybe shouldn't have taken that appeal! Hindsight = 20/20

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  5. kvvukth, xrumer how to , mFmNsnF.

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  6. Nothing surprises me that that old crook Leo Greenfield does, he ran that sham corporation for years, living off the money invested by poor and delusional people who bought into his lies and manipulations, it amazes me that the old SOB is still alive and still scamming and playing the system, I lost 13k in his phoney company DMGM and then he sold it to the mob in Rochester and it's still worth a penny now that they are virtually bankrupt, I hope they prosecute him and give him a year, which would probably be a life sentence for the old fart.

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