HUGE! Foreclosure Mediation Returns to Pinellas County!
Chief Judge McGrady said that the new plan eliminates requirements that tried to include all homestead foreclosure cases. “As it has always been, mediation will continue to be a resource that is available to anyone who wants to utilize it to settle civil court cases, including foreclosures,” McGrady said. “But now, we will be proactive in trying to get parties to mediate only when there appears to be hope of a homeowner saving their property from foreclosure action that was initiated during a hard time that they are working themselves out of. We all have had setbacks, and mediation is a tool for overcoming those setbacks.”
Source: mattweidnerlaw.com
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Court Rules on Terms of Final Divorce Judgment :: New York Family Law Blog
So although the prior judge to the main case really meant that the child be accompanied by either parent when traveling via airplane, he did not expressly put this provision into writing. To hold the Father in contempt, this provision must have been plainly and expressly written as an order in the final judgment. Therefore, the motion of contempt against the Father for allowing the child to fly with an escort was reversed. In addition, the Mother was unable to provide evidence that supported her claim that the child developed an ear infection from the plane ride. To make matters worse, she intentionally did not allow the child to go back to the Father because she claimed that the child was sick. However, although this was truly the case, it was not indicated on the provisions that a child’s sickness can postpone the transfer of custody. Therefore, the order of contempt against the father for letting the child fly with an ear infection was also reversed and that the Mother instead was found in willful contempt for not allowing the daughter to see the Father only because she was too sick to fly. The orders were also found to have violated the Father’s right for due process because these were made when he wasn’t present at court.
Source: newyorkfamilylawblog.com
EMINENT DOMAIN: INVERSE CONDEMNATION; VENUE: HOME VENUE PRIVILEGE: SWORD WIELDER DOCTRINE
Pinellas County owned a lot in Hillsborough County that was adjacent to the plaintiff’s land. When Pinellas County flooded the plaintiff’s land, the plaintiff sued Pinellas County in Hillsborough County for inverse condemnation. Pinellas County moved to dismiss the action based upon it home venue privilege, but the trial court denied the motion, and the appellate court affirmed, “conclud[ing] that a governmental taking of property in violation of article I, section 6, of the Florida Constitution is an unlawful invasion of constitutional rights sufficient to support the application of the sword-wielder exception [to the home venue privilege].”
Source: kashilawletter.com
What Is Formal Probate in Florida?
The most common probate procedure for Pinellas County Florida residents who have died is formal administration. This is a proceeding in the Pinellas County probate court (officially known as the Circuit Court for Pinellas County, Florida, Probate Division) by which the court:
Source: jamesmartinpa.com
Professional photographer with prior law enforcement experience (Pinellas County)
Misdemeanor defense, estate planning, criminal expungements, contracts, probate administration, juvenile defense. 36 years experience. Location: Pinellas County it’s NOT ok to contact this poster with …
Source: legal-service.us
$109,900 :: 107 Foxwood Dr, Brandon FL, 33510
Nice pool home boasts 3 bedrooms, 2 bathrooms, 2 car garage, fireplace in family room, breakfast bar in kitchen, formal livingroom and screened in lanai. New roof 11/11, and well maintained home. Conveniently located in Brandon, close to shopping, restaurants and interstate access. Home is an estate sale and awaiting approval from probate court. Make your offer now and reserve this gem for yourself.
Source: tampa-mls.com
Sustaining Justice: 10 Experts Tell How Courts Can Do More with Less
After years of subtle prodding, Brown finally got the high court’s approval for an e-filing pilot program that went into effect in May 2009. Though the initial program covered only a small class of commercial cases, it proved itself quickly. By October 2010, motion “spindling”—as motion settings are called in Illinois—was added. Even with its narrow application, the system gained 7,000 registered users. And in May of this year, after two years of refinement, Cook County began a rollout for e-filing that will include all civil cases except probate and condemnation by February 2012.
Source: kyzlaw.com
Another probate court gets reversed for failing to appoint the statutorily preferred personal representative : Florida Probate & Trust Litigation Blog
There was no surviving spouse in this case. Douglas Stalley was the person selected by both heirs, acting through the guardians of their property as authorized under section 733.301(2). Thus, Stalley should have been appointed unless otherwise disqualified. Cf. §§ 733.302, 303 (providing qualifications for personal representative); In re Estate of Snyder, 333 So.2d 519, 521 (Fla. 2d DCA 1976) (holding, under earlier version of statute, that court did not abuse its discretion in declining to appoint person with statutory preference where he lacked “the qualities and characteristics necessary to properly perform the duties”).
Source: flprobatelitigation.com
Priority of Personal Representative is Absolute Under Florida Law
Practice Note: While we can’t be sure from the opinion, it is likely that Williford felt that Stalley was unfit to serve. But the record didn’t include any evidence on this point. When attempting to deviate from the statutory preference for personal representative, Florida probate attorneys should be sure that the record reflects any evidence that would indicate that the statutorily preferred personal representative is unfit to serve.
Source: fortenberrylaw.com
Genealogy Roots Blog: Online Death Records and Indexes
- Christian County: Oak Hill Cemetery Burials (Taylorville) – Cook County: Glenview Public Library Obituary Index; See: Online Chicago and Cook County Death Records and Indexes – Montgomery County Historical Society – Genealogy Research Databases (includes death certificate index 1877-1950; obituary index 1980-2008; cemetery burials index and more) – Sangamon County: Oak Ridge Cemetery Interment Records, March 1858-1940 in Springfield, IL (update: more years added)
Source: blogspot.com
An Anarchist’s Strategy To Dismiss Every Foreclosure In Florida
First, when the foreclosing Plaintiff is not the original lender, there must be a formal Assignment of Mortgage executed which says, “The Original Lender Assigns This Mortgage to the Plaintiff in This Case.” This document is needed to give the Plaintiff the proper legal basis to be suing the Defendant. Many of the originating lenders are no longer operating so getting a real assignment from a dissolved corporation would be difficult. In other cases, the Plaintiff introduces an Assignment of Mortgage executed by “MERS” a shadowy, shifty, shady backroom dealer of mortgages. The Assignment of Mortgage issue is problematic even when a mortgage was only assigned from an originating lender to the foreclosing Plaintiff, but in cases where a mortgage has changed hands many times, there should be an unbroken chain of properly executed assignments from originating lender straight through to foreclosing Plaintiff. (In fact, this requirement of an unbroken chain of assignments was originally part of the foreclosure procedures in Pinellas County, but this requirement was stripped.) The problem is these assignments are frequently fraudulent. The lenders know this, their attorneys know this and the courts know this, but they’re all just going ahead and pretending like it’s not an issue. IT IS AN ISSUE!
Source: 4closurefraud.org
Fee Raised Again: Keeping Citizens and Florida Legislatures Informed
As a concerned citizen and advocate for those addicted, I monitor filing fees for a Marchman Act Petition. The body of Florida Legislatures and Floridians should make note of the following information: Ken Burke, Clerk of the Circuit Court, Pinellas County, Florida has a Schedule of Service Charges for Probate Court Records. This Record shows a filing fee increase (again) for a Marchman Act Petition is now $400.00. This petition filing fee charge continues to rise. This means if a person has a child or loved one who is substance addicted, they would need to to pay $400.00 to the Pinellas County Court. This filing fee changes from county to county across the state of Florida. The Jennifer Act that I have written, proposes this filing fee to change. I am asking the state of Florida to drop this filing fee or have it a low cost universal filing fee across the entire state of Florida. Many Florida families are not financially able to come up with $400.00. I am keeping the public informed and asking for Fl. Legislative support of The Jennifer Act bill. This bill will make changes to better serve our families in a life and death crisis.
Source: thejenniferact.com
Florida, US: At least 245 cases of tase deaths in Pinellas County
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Source: wordpress.com
Schiavo Judge Commits Judicial Foul
According to the North Country Gazette’s June Maxam, Pinellas County probate court judge George W. Greer has crossed the line.Greer appeared this past weekend as the lead speaker at the 10th anniversary symposium of the University of Pennsylvania Center for Bioethics in Philadelphia, Pa., the theme of which was “The Legacy of the Terri Schiavo Case: Why Is It So Hard To Die in America” and spoke on the topic of “Who Should Decide: Courts/Legislators”.In doing so, Maxam writes that he violated Florida’s Code of Judicial Conduct and “every other state’s Code of Judicial Conduct by appearing in Philadelphia and at other such public gatherings which promote the singular interests of such groups.”
Source: prolifeblogs.com