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