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VERANDA PARTNERS FAILS TO SHOW FOR HEARING IN SLAPP SUIT

 

Neither Kevin Azzouz nor any representative for Veranda Partners bothered to show up today for a Hearing in the Slander case they filed in March 2007.  See www.VerandaParkNews.com They didn't even bother to send an attorney.  Of course I can't imagine they could find an attorney that would want to argue their position in this First Amendment case against the Constitution and Florida Law.

A Motion For Default was Granted and Ordered by Judge Sprinkel in a short hearing this morning.

After a year and a half of frivilous legals filings, in this malicious Slander Suit, and after two major lawfirms, Bogin, Munns, and Munns, and Akermann Senterfitt, (representing the Plaintiff) withdrew from handling the case, it appears that the wheels of Justice, although slow, will work after all.

Freedom of Speech, although I've learned is not FREE,  is our right. It is our right as Americans to speak out against attrocities, and to petition our government for a redress of grievances.  A governmental entity can include many entities, maybe even HOA Boards. 

The questions now are:  How do we determine damages and how do we collect them against a major Corporation that may end up in Bankruptcy anyway?

AND

How do we prevent these tyrants, hiding behind the guise of Corporations, from using this tool in the future against those that dare to speak out?

In 2004, the Florida Legislature passed legislation against the filing of these types suits, but due to high powered lobbyists, the law was watered down so that it has no bite.

We must have legislation that specifically holds these powerful and influencial “Wolves”, that prey on our “Sheep”, accountable for their actions.

See www.VerandaParkNews.com/fourhorses.html

You can speak out!  I welcome your opinions and input, as that is exactly what I was fighting for.

Thank you for your support during these trying times.  Yes, it was worth it all.

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By Their Deeds, You Shall Know Them

By Their Deeds, You Shall Know Them

As many of you are aware, Kevin Azzouz’ company, Veranda Partners, has filed a lawsuit against me for Slander.

Joseph Seebach, an executive at Veranda Partners, was quoted in the first Orlando Sentinel article about this case as saying

"It takes so much effort to build a good reputation and so very little to unfairly tear down the trust we've built in the community.''

Of course, I think that Veranda Partners and Kevin Azzouz have done more damage to their reputation by filing this frivolous lawsuit than anything that I (or anyone else) may have allegedly said.

As the Bible says, “By their deeds, you shall know them”

So, lets look at Mr. Azzouz and Veranda Partners’ deeds and see if we can know them a little better. But, lets look at their deeds through this lawsuit. Through these deeds, perhaps you will get to know them as I have.

I published a website that didn’t even say anything about Veranda Partners. In fact, I talked about “Veranda Park.” That is the new name of this community, or so I read in the paper: The 'run-down' area needs a new name, a developer says…

(Orlando Sentinel, June 21, 2006).

Nevertheless, somebody at either Veranda Partners or Bogin, Munns, & Munns (or both) decided that they were offended that I had something negative to say about how my neighborhood was being run so they sent me this letter.

http://mworlando.files.wordpress.com/2007/05/demand-letter-veranda-bogin-munns.pdf

Mind you, they didn’t just mail it to me. No, that wouldn’t have had enough of a dramatic and intimidating affect. They had a “process server” come to my house and serve it on me as if I were a criminal receiving a summons.

So much for their respect for the First Amendment.

I was just trying to get the attention of my neighbors, my homeowners’ association, and my elected officials. It appears that I got the attention of the Master Homeowners’ Association, which Veranda Partners controls. Had they just called me, stopped by to talk, or sent me a letter asking for something to be corrected, I am a reasonable person. I would have discussed changing it. I am not opposed to the Veranda Park project. Quite the contrary. I just question the rationale of some of the “improvements” to the area. With a little discussion, they probably could have made me an ally, and I would have worked with them to improve things around Metrowest.

Instead, they sent this threat.

http://mworlando.files.wordpress.com/2007/05/demand-letter-veranda-bogin-munns.pdf

That threat demands that I take the website down within 36 hours (Saturday night), or they would sue me first thing Monday morning.

So much for being reasonable.

Of course, that shocked me, and it did intimidate me a little. I knew that I was right, but who wants to go through a lawsuit to prove it? I took down the site, and figured that would be the end of it since I did exactly what they asked me to do.

No such luck. They sued me anyway. Here is their complaint.

http://mworlando.files.wordpress.com/2007/05/complaint-veranda-giles.pdf

Everyone that has read it has laughed – well except me, since I am the one with the cost of being sued. To sue someone for slander, shouldn’t you at least tell them what it is they said that you are so offended about? They still haven’t said and still refuse to tell me. I get a feeling they never will.

The rest of the lawsuit documents are available at this link, at the bottom of the page.

http://mworlando.wordpress.com/the

However, the most important one, I think, is

http://mworlando.files.wordpress.com/2007/05/motion_for_sanctionswgdw1.pdf

The Motion for Sanctions

This suit is so ludicrous that I think the only punishment that should be doled out is against Veranda Partners and Bogin, Munns, & Munns.

Remember what Mr. Seebach said, "It takes so much effort to build a good reputation and so very little to unfairly tear down the trust we've built in the community.'' Perhaps he should have told Mr. Azzouz that before this frivolous lawsuit was filed.

The Orlando Sentinel reports that the Mayor of Windermere called Mr. Azzouz a “crybaby” a while back.

http://www.orlandosentinel.com/news/local/orange/orl-orazzouz0307may03,0,3835876.story?track=rss

Azzouz project goes to hearing, Orlando Sentinel, May 3, 2007

I wonder why he didn’t sue the mayor for that? Maybe because the mayor has money and power, and would have been more difficult to beat up on? Bullies don’t usually pick on the big kid on the playground. However, I think that Azzouz, Veranda Partners, and Bogin, Munns, & Munns have underestimated me.

As a military veteran and a public servant for 29 years, I took an oath to uphold and defend the Constitution of the United States.

That wasn’t just a promise. It was an OATH.

Kind of like the Professionalism Creed and Oath of Attorney that lawyers take.

(I am happy to say that my lawyers take that oath very seriously).

So a huge company is trying to crush me. Why? I think because they are trying to make an example of me. If they can crush me, they get to wave that victory around at all of the people opposing Veranda Partners’ projects throughout the area. If everyone is scared of Veranda Partners, then who will ever stand up to them?

"It takes so much effort to build a good reputation and so very little to unfairly tear down the trust we've built in the community.''

Do you trust Veranda Partners?

When they said (unfairly) “take down your site or we will sue you,” I did what they said, and they sued me anyway?

Do you trust Veranda Partners now after they filed this frivolous SLAPP suit?

What did more harm to the trust they tried to build up in the community? My little website that didn’t even name them? My little website that didn’t even bash anyone? My little website that was more about the trees and flowers in this community than anything? Is that what damaged the “trust” they built in this community? My little website had 51 hits before they told me to take it down. I don’t even know if those hits were by anyone other than me and Veranda Partners.

On the other hand, how many people are watching this lawsuit? The Orlando Sentinel is certainly doing a good job of shining a spotlight on Veranda Partners’ behavior. I bet Veranda Partners won’t have the guts to sue them though. They have enough money and power to stand up to them. On the other hand, I probably looked like an easy victim.

I am actually a little bit ashamed that I let Bogin, Munns & Munns bully me into taking down the website in the first place. But, now that they sued me anyway, I intend to fight this to the bitter end. I took an oath to uphold and defend the Constitution, and if I don’t stand up to Veranda Partners, Kevin Azzouz, and Bogin, Munns, & Munns, then I will be saying that my oath meant nothing to me all these years.

Well, my readers and fellow Americans, my oath means everything to me.

I’m not just standing up for myself. I am standing up so that regular people everywhere can know that the Constitution is there to protect our most cherished and valuable right – our First Amendment right to freedom of speech and our right to petition for redress of grievances. I will not let Veranda Partners, Kevin Azzouz, Bogin, Munns & Munns, or anyone else take that away from us. Not if I can help it.

Are there any Other Victims?

Azzouz said in the Orlando Sentinel “"If you look at my track record, I don't use litigation as a business tool.” However, at least one individual has come forward with information that contradicts this statement. I am wondering if there are any other people out there who have been sued (or threatened with a lawsuit) by Mr. Azzouz or Veranda Partners for anything similar to this case.

In the same Orlando Sentinel article, Joseph Seebach said, "We've had prospective customers call us asking about it.” The “it” meaning my website. If anyone out there actually called Veranda Partners asking about my website, I’d like to hear from you.

More importantly, if you would be willing to serve as a witness in my case, I really need to hear from you. Anyone with any information, opinions, etc. about Veranda Partners is invited to email me at

mworlando@gmail.com .

My sincerest thanks to all of you that have voiced your support so far and to all of you that I know support this cause.

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Veranda Partners vs Giles - We Lost Round One

We Lost Round One.

Well, I’m a little surprised at this one. The Circuit Court Judge Reginald Whitehead, decided to step down from the case after Azzouz and his lawyers decided they couldn’t get a fair trial from the judge because he (the judge) lived in the area.

Apparently, according to John Bolanovich, the Bogin Munns and Munns attorney handling this case, Veranda Partners did not think they could get a fair trial from Judge Whitehead. On May 4th, 2007, we had a hearing on what seemed to be a small legal technicality. Judge Whitehead told us at the May 4th hearing that he lived in “the area”. At that hearing Veranda Partners’ attorney told the judge that he didn’t see any problem with that. My attorneys also said, neither did we.

I don’t really understand this recusal, because Judge Whitehead has a reputation for being fair, honest, and thoughtful. But, Bolanovich went on the record stating that he talked to his client about it, and Veranda Partners did not think that Judge Whitehead could be the fair and impartial person that he is known to be. I think that is slandering Judge Whitehead, but my lawyers tell me that it is not. Even if it isn’t, it seems pretty unfair to kick the judge off a case, especially when he ruled earlier that Bogin, Munns, and Munns could stay on the case – even though they used to be my attorneys. (See Motion to Disqualify Bogin Munns and Munns Link Below)

We tried to keep Judge Whitehead on the case. First of all, we trusted him. Second, the motion to throw him off the case was filed way too late . According to my lawyers, you’re supposed to file these things 10 days after you learn of the information that makes you think you can’t get a fair trial Since the hearing was on May 4th, that means that he was supposed to file the motion to disqualify the judge by May 14th

On June 7th, (34 days later) Bogin Munns and Munns filed the motion to get rid of Judge Whitehead. That was two weeks before the scheduled hearings of June 21st for the case.

Why the delay? Because Bogin Munns and Munns claims that they didn’t really know about all this until they got the transcript of the hearing that was held on May 4th. In other words, their attorney was at the hearing on May 4th, when this information was disclosed, but Veranda Partners didn’t know about it until when? Until a written transcript got sent to them? I don’t know about other attorneys, but my attorneys call me 10 minutes after every hearing and tell me everything that happened at that hearing. See, its called keeping your client informed.

Let’s just pretend that none of that matters, and the 10 days are from when they receive the written transcript.

A delivery receipt shows the transcript was delivered on May 25th. Bogin Munns and Munns claims they didn’t get the transcript until May 31st, according to a Declaration made by Attorney Bolanovich.

I know this seems nit-picky, but I know two things about what a lawyer is supposed to do

1) They are supposed to be honest before the court.

2) They are supposed to work efficiently.

Bolanovich doesn’t claim, in his declaration, that this transcript wasn’t delivered until May 31. He claims that it didn’t reach his in-box until May 31.

The transcript got to Bogin Munns and Munns on May 25.

Attorney Bolonovich says that it got to his in-box on May 31.

In other words, according to Bogin, Munns & Munns, it took six days for a delivery to get from the receptionist to the attorney’s desk. What do they use for document delivery over there, Glaciers?

As you who have been following this case know, this is what has happened so far:

Veranda Partners has Bogin, Munns, & Munns send me this threatening letter.

http://mworlando.files.wordpress.com/2007/05/demand-letter-veranda-bogin-munns.pdf

I decided to knuckle under to their bullying, and I did exactly what they “asked” me to do – I took down my website.

Veranda Partners decided to sue me anyway.

http://mworlando.files.wordpress.com/2007/05/complaint-veranda-giles.pdf

As I previously stated, Bogin, Munns, & Munns were my lawyers before this suit started. I thought that was a little bit of a conflict of interest, so we filed this motion to disqualify them.

http://mworlando.files.wordpress.com/2007/05/motion-to-disqualify-boginmunnsandmunns.pdf

The way I saw it, this whole lawsuit seemed to be (at least in part) motivated by Bogin, Munns, & Munns’ hatred for me. See, I did file a bar complaint against one of their attorneys, Nancy Price (now Nancy Brandt) for how she handled my case. Lawyers get mad at stuff like that. I suspected that this case was as much about that as about any bogus “slander claim”

When will the real issues be heard?

Now we have to wait until a hearing date can be set for a new judge.

For a complete list of the filings, go to http://mworlando.wordpress.com/the

Thank You for your support!

MOTIONS AND COURT TRANSCRIPTS FOR MAY 4th

Bolanovich Affidavit reference May 4 Transcript

MJR to Judge reference transcript receipt

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SLAPP: Slander or Harassment?

 

Up until a month ago, I believed the right to Free Speech was constitutionally protected. Now I've learned that Free Speech isn't Free! It is only for those that can afford to defend it.

I recently posted a website that was critical of the projects that a wealthy, powerful, developer was doing in Orlando after gaining control of the Master Homeowner's Association. It seems he is outraged at the reference to "unscrupulous".

He filed a Slander suit in Orange County courts stating damage to his reputation. Actually, I think he gives me too much credit.

Knowing that "the truth" is a defense for Slander, I contacted an attorney and learned it would cost me over $45,000 to defend against this action. That is when I learned about SLAPP suits. With a net worth of over $400 million, and being partners with the law firm that is handling the action for him, legal fees are no concern for him. For me, the costs of attorneys alone, even if I win, will surely cause me financial disaster.

How can this happen in America? After being a public servant for over 30 years, how can my life be destroyed by a tyrannical, money hungry, dictator, who has found a way to manipulate the system using the legal system and government.

I too feel that when we can no longer speak out about injustice, it will be hard to uphold justice.

I have spent many years defending the rights of others, sometimes standing in front of picketers and protestors to protect them. I may not have agreed with what they were saying, but I would defend their right to say it.

For more information, please read the Orlando Sentinel article dated 03/28/07. "Resident: Suit filed to silence criticism".

I would appreciate your input and comments. Also your support. It is time to take a stand, not just for me, but for all Americans.

In 2004, Florida passed a law making SLAPP suits illegal. The law is weak. There is no case law on record and no provisions in the law for recovery of attorney's fees or damages. Therefore, the one with the most money wins.

As I stand before the court to face this charge, I cannot stand alone! With the voice of all Americans we can put a stop to this atrocity.

Additional articles in the Orlando Sentinel are linked on the website, www.MWOrlando.com as well as additional information about the allegations.

Please visit the site and voice your opinions. All of us have a stake in this!
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SLAPP Slander or Harassment

 

Up until a month ago, I believed the right to Free Speech was constitutionally protected. Now I've learned that Free Speech isn't Free! It is only for those that can afford to defend it.

I recently posted a website that was critical of the projects that a wealthy, powerful, developer was doing in Orlando after gaining control of the Master Homeowner's Association. It seems he is outraged at the reference to "unscrupulous".

He filed a Slander suit in Orange County courts stating damage to his reputation. Actually, I think he gives me too much credit.

Knowing that "the truth" is a defense for Slander, I contacted an attorney and learned it would cost me over $45,000 to defend against this action. That is when I learned about SLAPP suits. With a net worth of over $400 million, and being partners with the law firm that is handling the action for him, legal fees are no concern for him. For me, the costs of attorneys alone, even if I win, will surely cause me financial disaster.

How can this happen in America? After being a public servant for over 30 years, how can my life be destroyed by a tyrannical, money hungry, dictator, who has found a way to manipulate the system using the legal system and government.

I too feel that when we can no longer speak out about injustice, it will be hard to uphold justice.

I have spent many years defending the rights of others, sometimes standing in front of picketers and protestors to protect them. I may not have agreed with what they were saying, but I would defend their right to say it.

For more information, please read the Orlando Sentinel article dated 03/28/07. "Resident: Suit filed to silence criticism".

I would appreciate your input and comments. Also your support. It is time to take a stand, not just for me, but for all Americans.

In 2004, Florida passed a law making SLAPP suits illegal. The law is weak. There is no case law on record and no provisions in the law for recovery of attorney's fees or damages. Therefore, the one with the most money wins.

As I stand before the court to face this charge, I cannot stand alone! With the voice of all Americans we can put a stop to this atrocity.

Additional articles in the Orlando Sentinel are linked on the website, www.MWOrlando.com as well as additional information about the allegations.

Please visit the site and voice your opinions. All of us have a stake in this!
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