Tuesday, April 13, 2010

Your Evidence Lesson For the Day!

Foreclosure Rehearing Transcript

I don't mean to pick on Steven Chapman Fraser, who was appearing at a hearing recently on behalf of David J. Stern.

Hey, a guy's got to work.

But take a gander at this transcript of a motion for rehearing on a foreclosure summary judgment previously granted by Pinellas County Judge Anthony Rondolino.

The homeowner's counsel is Michael Alan Wasylik of Dade City.

Judge Rondolino starts by saying there is substantial merit to the rehearing motion, and wants to hear what the bank has to say.

Fraser, appearing by phone, responds with general stuff about the rehearing standard.

Judge: "Did you not read the motion?"

It goes downhill from there.

At one point Fraser attempts to rebut arguments regarding the admissibility of an affidavit submitted in support of the sj, which defendant objected to:
Mr. Fraser: Yes, Judge. You know, Courts can take hearsay evidence at the summary judgment proceeding. I believe there is a case -- I don't have it with me --

The Court: Yes, what is that, Courts can take it?

Mr. Fraser: Yeah. Sure. My understanding is that the Court at the summary judgment level can accept hearsay.

The Court: Over objection? I --

Mr. Fraser: I do have a case that stands for the proposition, not on me, that Courts can take hearsay evidence at the summary judgment level.

The Court: Okay.

Mr. Fraser: Whether or not over objection, if it's objected to, I --

The Court: Over objection?

Mr. Fraser: I have no case to either support or refute that.
Zing!

How do you think the Judge ruled?

14 comments:

  1. Judge Judge I have a case (I don't have it with me) but it happens to stand for whatever I want it to stand for, whenever I need it!

    ReplyDelete
  2. Shumie Time
    Bells are ringing
    the lawyers
    they are leaving

    they're cutting out for the bar
    they left the files in the car

    working in a Shumie wonderland.

    ReplyDelete
  3. The question from yesterday needs repeating-- why so slow? where is everybody?

    ReplyDelete
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    ReplyDelete
  5. taking SFL up on all the 'windsurfing'

    ReplyDelete
  6. Scarface Take II:

    Tony Montana: played by Judge Rondino.

    Hector the Toad: Played by Steven Fraser

    Hector the Toad: So, you got the money?
    Tony Montana: Yep. You got the stuff?
    Hector the Toad: Sure I have the stuff. I dont have it with me here
    right now. I have it close by.
    Tony Montana: Oh... well I dont have the money either. I have it
    close by too.
    Hector the Toad: Where? Down in your car?
    Tony Montana: [lying] Uh... no. Not in the car.
    Hector the Toad: No?
    Tony Montana: What about you? Where do you keep your stuff?
    Hector the Toad: Not far.
    Tony Montana: I aint getting the money unless I see the stuff first.
    Hector the Toad: No, no. First the money, then the stuff.
    Tony Montana: [after a long tense pause] Okay. You want me to come
    in, and we start over again?
    Hector the Toad: [changing the subject] Where are you from, Tony?
    Tony Montana: [getting angry and supicious] What the fudge difference does that make on where Im from?
    Hector the Toad: Cona, Tony. Im just asking just so I know who Im
    doing business with.
    Tony Montana: Well, you can know about me when you stop fudging
    around and start doing business with me, Hector!

    ReplyDelete
  7. sounds like rumpole making an argument in state court

    ReplyDelete
  8. SFL, you left out the best parts: the Judge telling the lawyer he needs to speak up, even if he is getting pummeled and the perjury reference.

    Funny stuff.

    ReplyDelete
  9. 10:42-- "windsurfing" bender

    ReplyDelete
  10. Rondolino is a hard-ass. He will Shepardize your cases while you argue, and nail your hiney to the wall if you fail to mention the case that he has pulled up on his screen.

    ReplyDelete
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