Wednesday, November 20, 2013

3d DCA Watch -- Give Miami, Plebes!


Did you know that there is a way -- right now -- that you can help other human beings right from your little electronic device thingy?

All it takes is some money and a minimum of interest in somebody or something other than yourself:
Wednesday, the Miami Foundation will encourage contributions from $25 and more with its second Give Miami Day, which begins at midnight Tuesday.

During this 24-hour period, people can direct money to a particular group or groups – more than 400 Miami-Dade nonprofits are participating this year – or they can give to a general fund that will be split among all participating charities.

The Miami Foundation will contribute matching gifts of $25 to $10,000 on a percentage basis. So, if Charity A receives 2 percent of all Give Miami Day donations, the foundation will give the charity 2 percent of its match pool. All gifts must be made online via debit or credit card. 
Here is the link, plebes.

In other news, it's apparently now a problem for lawyers to make allegedly false statements in court:
“A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer”; or “(4) offer evidence that the lawyer knows to be false. . . .” R. Regulating Fla. Bar 4-3.3(a)(1), (4). Despite the clear and unambiguous directive of Rule 4-3.3(a), counsel representing the defendants, Mary Gamarra de Headley and Todd Headley (“the Headleys”) in this foreclosure action, made material misrepresentations in the Headleys’ motion for final judgment, resulting in the issuance of a final judgment that granted relief which was not pled. Because the due process rights of BAC Home Loans Servicing, Inc., f/k/a Countrywide Home Loans, Inc. (“BAC”), were violated, and the trial court committed fundamental error, we reverse.
Oh boy.

Could this get any worse?

Yes, it could:
In conclusion, we reverse the inexplicable and extraordinary final judgment entered in this foreclosure action by the trial court because the trial court was without jurisdiction to grant relief not pled by the Headleys in their counterclaims, and remand for a determination of damages, if any. We also remind counsel for the Headleys of his duty of candor to the tribunal. Not only did he file a misleading pleading, which led the trial court to err, he compounded the error by defending an indefensible appeal.
I don't get lawyers sometimes -- when you are in a hole, maybe you should stop digging.

Read more here: http://www.miamiherald.com/2013/11/19/3764218/give-miami-day-begins-at-midnight.html#storylink=cpy

6 comments:

Anonymous said...

on the scale of frivolous appeals that baby doesnt register. wtf w/3rd and their "inexplicable and extraordinary judgment". Footnote 1 is the tell. Rothenberg is offended these philistines did not pay their mortgage since 2008.

Anonymous said...

Sure, the Headley's counsel seem guilty of Scumbaggery, but where were BAC's attorneys while a default and a default judgment on the counterclaim were being applied for, argued, and entered?

Anonymous said...

who was the lawyer?

Anonymous said...

Thanks SFL for spotlighting Give Miami

Anonymous said...

Bruce Jacobs who has had a war with the 3rd on these mortgage foreclosure cases. He was nearly held in contempt by Wells and Schwarz in June and they ended up granting costs to the other side for a frivolous appeal. The guy is fighting a war he cannot win.

Anonymous said...

It is sad that the commentators focus on everyone but the defendant's lawyer, who, at best, was incompetent and sloppy. Not to mention the hopelessly hapless Judge Rodriguez for granting the relief without looking at the complaint. Maybe he was still puffing his cigar holding court outside La Loggia while the reptilian lawyers in town were cozying up and kissing his, er, ring.