Filing # 73203375 E-Filed 06/06/2018 11:28:15 PM
IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-1745
MERYL M. LANSON, PRO SE
Petitioner,
VS.
LAURI WALDMAN ROSS, ESQ. ELLIOT H. SCHERKER, ESQ. ROBERT M. KLEIN, ESQ. LEWIS N. JACK, JR., ESQ. CHARLES W. THROCKMORTON, ESQ. RONALD C. KOPPLOW, ESQ. MARC COOPER, ESQ. SONYA L. SALKIN, ESQ. THOMAS D. HALL, ESQ. JOHN F. HARKNESS, ESQ.
NOTICE OF FILING: O N COMPOSITE EXHIBIT "D"
TO:
ADA-PROTECTED PRO SE PETITIONER'S "VERIFIED" MOTION TO VACATE AND SET ASIDE SUPREME COURT OF FLORIDA'S SEPTEMBER 29, 2010 ORDER PURSUANT TO RULE 1.540(b)(4) AS ORDER IS VOID FOR VIOLATING GUARANTEED FEDERAL CONSTITUTIONAL RIGHTS IN STATE COURT PROCEEDINGS
COMES NOW ADA-Protected Pro Se Petitioner,Meryl M. Lanson, and hereby files Composite Exhibit "D" to ADA-Protected Pro Se Petitioner's "Verified" Motion to Vacate and Set Aside Supreme Court of Florida's
Copyrighted Reg. #TXu l-785-263 1
r September 29, 2010 Order Pursuant to Rule 1.540(b)(4) as Order is Void for Violating Guaranteed Federal Constitutional Rights in State Court Proceedings.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished by electronic mail via the Florida Courts e-filing portal and via e-mail to all parties listed on the below Service List on this 6_th of June, 2018.
Meryl . Lanson, pro se
SERVICE LIST
Hon. Jeri Beth Cohen W. Todd Boyd, Esq. 1351 NW 12th St Ste 405 Frank Colonnelli, Jr., Esq. Miami, FL 33125-1630 Laura C. Douglas, Esq. [email protected] Craig J. Shankman, Esq. Marisa Eve Wiggins, Esq. Boyd Santini Parker & Colonnelli 100 S.E. 2"d Street, 36"' Floor Miami, Florida 33131 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
Hon. Thomas Rebull Brian Scott Behar, Esq. Dade County Courthouse Robert J. Edwards, Esq. 73 W Flagler St Ste 800 Behar,gutt & Glazer,P.A Miami, FL 33130-1722 1855 Griffin Rd Ste A350 [email protected] Dania, FL 33004-2210 [email protected] [email protected]
Copyrighted Reg. #TXul-785-263 2 Hon. Bronwyn C. Miller Peter M. Bernhardt, Esq. 73 W Flagler St Ste 412 McDonald Hopkins, LLC Miami, FL 33130-1715 Flagler Town Center United States 505 S Flagler Dr Ste 300 [email protected] West Palm Beach, FL 33401-5942 [email protected]
Marc Cooper, Esq. Thomas D. Hall, Esq. 411 Walnut St # 5912 The Mills Firm Green Cove Springs, FL 32043-3443 The Bowen House mare [email protected] 325 N Calhoun St Tallahassee, FL 32301-7605 [email protected]
John F. Harkness, Esq. Lewis N. Jack, Jr., Esq. PO Box 996 Law Office ofLewis N. Jack, Jr., P.A. Tallahassee, FL 32302-0996 Town Center One - Suite 1601 [email protected] 8950 SW 74th Ct Miami, FL 33156-3171 [email protected]
James Kaplan, Esq. Robert M. Klein, Esq. Kaplan Zeena LLP 9130 S Dadeland Blvd Ste 2000 2 South Biscayne Blvd. Miami, FL 33156-7809 One Biscayne Tower, Suite 3050 [email protected] Miami, Florida 33131 james.kaplan@,kaplanzeena.com
Ronald C. Kopplow, Esq. Justus W. Reid, Esq. Ronald C. Kopplow, P. A. Justus Reid & Associates, LLC PO Box 56 1065 D/B/A REID BURMAN LEBEDEKER Miami, FL 33256-1065 PO Box 2926 [email protected] West Palm Beach, FL 33402-2926 [email protected]
Lauri Waldman Ross, Esq. Sonya L. Salkin, Esq. Ross & Girten The Salkin Law Frim 9130 S Dadeland Blvd Ste 1612 PO Box 15580 Miami, FL 33156-7851 Plantation, FL 3331 8-5580 [email protected] [email protected]
Copyrighted Reg. #TXul -785-263 3 Reggie David Sanger, Esq. Elliot H. Scherker, Esq. Reggie David Sanger, P.A. Greenberg Traurig 3256 E Grapeleaf Ln 333 SE 2nd Ave Ste 4400 Inverness, FL 34452-9206 Miami, FL 33131-2184 [email protected] [email protected]
Charles W. Throckmorton, IV, Esq. Mark R Osherow, Esq. Kozyak Tropin & Throckmorton Osherow, PLLC 2525 Ponce De Leon Blvd F1 9 1801 N Military Trl Miami, FL 33134-6039 Boca Raton, FL 33431-1811 [email protected] [email protected]
Dania Saavedra, Esq. Jeremiah Richard Jones, Esq. Gray Robinson, P.A. American Maritime Officers 333 SE 2nd Ave Ste 3200 2 W Dixie Hwy Miami, FL 33131-2191 Dania Beach, FL 33004-4312 [email protected] [email protected]
Copyrighted Reg. #TXul-785-263 4 COMPOSITE EXHIBIT
D Filing # 70320198 E-Filed 04/05/2018 04:54:57 PM
IN THE CIRCUIT COURT OF THE 11442 JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY
GENERAL JURISDICTION DIVISION
NORMAN LANSON, CASE NO.: 06-09516 CA 13 MERYL LANSON, and BARON'S STORES, INC., a Florida Corporation,
Plaintiffs, vs.
JUSTUS W. REID, JUSTUS W. REID, P.A. MARK R. OSHEROW, MARK R. OSHEROW, P.A., PETER BERNHARDT, and REID, METZGER & BERNHARDT, P.A., Defendants.
SECOND SUPPLEMENT TO:
ADA-PROTECTED PRO SE PLAINTIFF, MERYL M. LANSON'S VERIFIED MOTION AGAINST DEFENDANTS JUSTUS W. REID, ESQ., PETER M. BERNHARDT, ESQ., THEIR RESPECTIVE FIRMS; DEFENSE COUNSEL FRANK COLONNELLI, JR., AND THE FIRM OF BOYD, RICHARDS, PARKER, COLONNELLI, FOR DEFENDANTS INTENTIONAL MALICIOUS BAD FAITH 57.105 MOTION WHICH WAS FILED AS A WEAPON OF INTIMIDATION AND ABUSE, IN DEFENDANTS' ONGOING UNCONSCIONABLE FRAUD ON THE COURT SCHEME IN HOPES THAT PLAINTIFFS WOULD HAVE WITHDRAWN THEIR LEGALLY COGNIZABLE CORRECTED AMENDED COMPLAINT
ADA-Protected Pro Se Plaintiff, Meryl M. Lanson ("M. Lanson") hereby files this "Second
Supplement": to the Verified Motion against Defendants and their Counsels for Defendants
Intentional Malicious Bad Faith 57.105 Motion, which Defendants, and their Counsel, filed as a
Weapon of Intimidation and Abuse, in Defendants' Ongoing Unconscionable Fraud on the Court
Scheme in Hopes that Plaintiffs would have Withdrawn their Legally Cognizable Corrected
Amended Complaint.
Copyrighted Reg. #TXu1-785-263 1 ADA-Protected Pro Se Plaintiff Meryl M. Lanson ("M. Lanson") reaffinns and realleges
all prior filings, and statements, in this case, including all exhibits. ADA-Protected Pro Se Plaintiff
Meryl M. Lanson reaffinns and realleges all Memorandums of Law which she prepared and
submitted in all prior filings in this case, including but not limited to: Tennessee v. Lane, 541 U.S.
509 (2004). ADA-Protected Pro Se Plaintiff Meryl M. Lanson reaffinns and realleges the totality
offilings (and exhibits) in this case relevant to the underlying legal malpractice case: No. 99-21062
CA 22, Norman Lanson, Meryl M. Lanson, Baron's Stores, Inc. v. Ronald Kopplow, Kopplow &
Flynn, Marc Cooper, Cooper & Wolfe, P.A., and Sonya L. Salkin, Malnik & Salkin, P.A. And,
ADA-Protected Pro Se PlaintiffMeryl M. Lanson reaffinns and realleges that everything she filed remains "Verified" under the penalties ofperjury, so help her God.
On January 19, 2018, ADA-Protected Pro Se Plaintiff, Meryl M. Lanson filed the "First
Supplement: to the January 12, 2018 filing of the "Verified Motion against Defendants and their
Counsels for Defendants Intentional Malicious Bad Faith 57.105 Motion, which Defendants, and their Counsel, filed as a Weapon of Intimidation and Abuse, in Defendants' Ongoing
Unconscionable Fraud on the Court Scheme in Hopes that Plaintiffs would have Withdrawn their
Legally Cognizable Corrected Amended Complaint." On Page 8 of that "First Supplement," M.
Lanson stated that she would be filing a "Second" supplement, God willing, no later than the end of the week of January 26, 2018. 1
What prompted M. Lanson to file the "Trial by Proxy," in this instant case, on February
1, 2018, was the "Closing" statement she made in the "First Supplement," which was filed on
1 Obviously, God was not willing for M. Lanson to file the "Second" supplement to the initial Verified Motion until today, April 5, 2018, and the reason for M. Lanson's February 1, 2018 filing of the "Trial by Proxy."
Copyrighted Reg. #TXu1-785-263 2 January 26, 2018, as follows, alerting this Court as to the timeline of events that led up to the preparation and ultimate final product of the "Trial by Proxy."
"I cannot end this filing, without speaking directly to the Defendants, Justus W. Reid, Peter M. Bernhardt and Mark R. Osherow, and asking the question, WHY?
Why couldn't one of you just come to Norman and Meryl Lanson, and tell them: we are being pressured by the Bar, and we are afraid of what the Bar will do to us, to our lives, and to our livelihoods, so we are going to have to withdraw, abandoning you, because we are cowards, and we have to put our interests, and our families' needs, and our lives before our clients, and their interests, and their lives, and their livelihoods - So, you see, Norman and Meryl, what we suggest you do is retain an attorney outside of Florida, who is not threatened by the unchecked conflicted abusive power of the Florida Bar. At least, you would have been honest, and the escalated substantial damages, including the wrongful death of Norman Lanson, that you are all jointly and severally liable for, would not have happened." THE MULTI-MILLION DOLLAR QUESTION IS AND REMAINS:
Why would an attorney, (any attorney, all the attorneys) take Plaintiffs' case on a contingency, all costs included; defeating the Defendants' Motion to Dismiss; be in possession of
Orders by State and Federal judges, as to the law, and the right for their clients, Plaintiffs, to recover all legally cognizable claims against attomeys for their negligence; having had perfected all Bad Faith claims against all the parties, lawyers, and their firms with their respective malpractice carriers; proven Plaintiffs damages as stated in Comprehensive Expert Forensic
Damage Reports, which has never been refuted; and a whole lot more ammunition against the
Defendants, and their counsels, and their insurance carriers, and the Bar, and then, abandon their clients at the time of restitution?
THE ANSWER IS:
Because the Damages, including the Bad Faith claims, were to be paid by the Florida Bar's created/owned/operated malpractice carrier, Florida Lawyers Mutual Insurance Company; and,
Copyrighted Reg. #TXu1-785-263 3 also to be paid by the Florida Bar's counsel, Greenberg Traurig's client, Great American
Insurance Company. The attorneys succumbed to the pressure placed on them by the Florida
Bar, whose own admission to monitoring the case, knew what was going on every step of the way; knew the contents ofthe Orders that came down from the State and Federal courts; and knew
they were responsible to make restitution to the Plaintiffs for all Plaintiffs losses. And the Bar knew that what Justus Reid said in his letter to Florida Lawyers Mutual Insurance Company was
about to come home to roost:
"My experience has demonstrated that juries are not slow to bring back awards against attorneys, especially when they had every opportunity to have filed claims on behalf ofMeryl and Norman Lanson."
THE BAR HAD TO MAKE SURE THAT A JURY WOULD NEVER HEAR PLAINTIFFS CASE
The attorneys (Defendants herein and their counsels) chose to protect the financial interests of the Florida Bar, and to protect themselves from the wrath of the Florida Bar, while choosing to destroy the Plaintiffs. And, in return for their unethical, unlawful conduct they received the protection of the Florida Bar. The Florida Bar has been running the entire system in Florida, and the reason the system is broken, and in crisis.
THE FLORIDA BAR IS THE TAIL WAGGING THE DOG 2
What started out as an in-depth Second Supplement, thus, the reason for the delay in submission, was aborted when, it came "full circle" while M. Lanson, listened to two sermons:
"Hidden in Plain Sight" which has been at "The Heart of the Matter."1 And, the recent March
2 This statement is not made lightly, and would never be made, if it lacked evidentiary support, which it does not.
Sermons by Bishop T.D. Jakes.
Copyrighted Reg. #TXu1-785-263 4 12, 2018 filing by the United States Department of Justice, Anti-Trust Division's "Statement of
Interest" in TIKD v. The Florida Bar, Case No.: 1:17-cy-24103-MGC (and the Bar's response thereto). According to TIKD's complaint, many Florida attorneys stopped representing TIKD, fearful of the Bar's retaliation. 4
What should have settled decades ago, in the underlying legal malpractice case, was not settled because of GREED, and: the corrupted power of The Florida Bar; the abdication by the
Supreme Court of Florida to control the Florida Bar; attorneys' breach of their Oath as members of the Florida Bar; the Anti-Trust and Racketeering engaged in by the Florida Bar, and most reprehensible - Florida Bar members betrayal and total disrespect due the Justices of the Supreme
Comt of Florida. 5
Defendant, Justus Reid, has betrayed and disrespected the Justices professionally, and, according to his law partner, Peter Bernhardt, he, Justus Reid, being best friends with Justice
Barbara Pariente and her husband the Honorable Fred Hazouri, betrayed his friend, personally; withfi-iends like that who needs enemies. Peter Bernhardt shared this unsolicited information with
4 This is what the Florida Bar has done to the Plaintiffs on three separate occasions with three separate sets of attorneys. The Florida Bar uses their unchecked power to intimidate and threaten lawyers to stop pursuing cases when the Florida Bar's interests are at stake. It is exactly what is currently happening in the case, TIKD Services, LLC v. The Florida Bar, et al., Case No.: 1:17- cv-24103-MGC (U.S. District Court Southern District ofFlorida - Miami Division) as cited above. 2 It is impossible to find a statement by a Bar member that he or she is fearful ofthe Supreme Court of Florida. But it is commonplace for Bar members to express the fear they have of the Florida Bar; such fear stems from the Bar's power to either destroy or protect Bar members, by a "probable cause" or "no probable cause" finding. It is only then, based on the Bar's finding that will determine if an attorney ultimately faces the Supreme Court of Florida, whose history has been to rubber stamp whatever the Bar says. It is this unchecked power which the Florida Bar has been abusing for eons, and why, finally, the Supreme Court of Florida Justices, and former Bar Presidents, publicly verbalized that the "system is in crisis and is broken." And, according to the Palm Beach Post's John Pacenti "the system needs to be blown up;" sentiment dittoed by former Bar President Greg Coleman.
Copyrighted Reg. #TXu1-785-263 5 M. Lanson, which M. Lanson responding, saying she didn't care who anyone was friends with - the facts and the law is all she cared about. Oh, how naive she must have appeared back then.
But, considering such a friendship Justice Pariente was double-crossed professionally and personally by her "best friend." Certainly, Defendant, Reid had concerns about the Bar and its insurance carrier, as expressed in e-mails contained within Composite Exhibit "3," as follows:
"Thank you for the comments contained herein. One has to query whether the same people who invested in and control the ins co. have any input into what is or is not ethical conduct. Justus" (cc: Peter Bernhardt, Mark Osherow).
"You should be in contact with the legislators that want to abolish the Fl Bar. I just don't know who they are."
Although the Defendants in this instant case are cowards, violating the rules, the law, and their Oath, they were not the only "cowards" who took part in this massive cover up, breaching their Oath, betraying the Justices. The one person, synonymous with the Florida Bar, Executive
Director, John F. Harkness, who had direct and unfettered access to the Justices of the Supreme
Court, was the very person who committed the ultimate betrayal of his "bosses" the Justices, the likes of which would be hard pressed to ever believe would occur, but in fact, did. Attached as
Composite Exhibit "1" are extremely important letters to the Florida Commission on Access to
Civil Justice, beginning with the initial sworn letter by Meryl M. Lanson, dated August 28, 2015.
4 And, the March 29, 2016 letter to the Commission is germane to the Federal case, TIKD v. The
4 On page 3 of that letter, M. Lanson told the Commission that what happened will "no doubt be the largest and most far reaching legal and judicial corruption case this Nation will ever witness, dubbed:
"GATEKEEPERS OF THE BAR" (The subsequent document - Indictment of the "GATEKEEPERS" was provided to the Commission four months later, on December 31, 2015; and, part of this Court's record as well)
Copyrighted Reg. #TXu1-785-263 6 Florida Bar, Case No.: 1:17-cy-24103-MGC, which, as stated above, piqued the interest of the
Department of Justice.
Attached as Composite Exhibit "2" is the March 10, 2010 letter to John F. Harkness in his capacity as Executive Director of The Florida Bar and as a Member of the Board of Florida
Lawyers Mutual Insurance Company; followed by e-mails to Board of Governor, Walter "Skip"
Campbell and then President, Jesse Diner, 2 and FBI Special Agent, Jeff Danik. The content of that letter, to John Harkness, written by Meryl Lanson eight years ago, to the "Powers That Be" is eerily telling, to say the least, considering the concerns of the Department of Justice's
"Statement of Interest" in TIKD v. The Florida Bar, supra.
"THE BEST-KNOWN SECRET EVERYONE KNEW AND DID NOTHING ABOUT"
With all the negative press currently surrounding the FBI and the DOJ, in the spirit of full disclosure, let it be known that on November 2, 2007, then-U.S. Attorney for the Southern
District of Florida, R. Alexander Acosta referred M. Lanson's complaint to the Federal Bureau of Investigations (FBI). Soon thereafter, M. Lanson received a telephone call from FBI Special
Agent Alice McLaughlin, which resulted in an in-person meeting at the FBI office West Palm
Cases are fixed in Florida courts through those in power, "GATEKEEPERS," who are equipped with the idealpedigree to convince almost anyone they are beyond reproach." With John Harkness at the helm of the Florida Bar, and Tom Hall, at the helm of the Clerk's office at the Supreme Court of Florida, they, and their cohorts, pulled off, what has to be, the most unconscionable fraudulent scam against any court, but in this case, and the underlying case, it was their own "bosses" the Justices whom they threw under the bus.
2 Meryl Lanson urged the then-President Jesse Diner to appear before the Florida Bar Board of Governors. This was not the first request Meryl Lanson made to speak directly with the Florida Bar, as she had done so many times over all the years. TIKD, made the same request ofthe Bar at No. 81 on Page 24 of its Complaint:
In a final attempt to convince the Bar to correct its course of conduct, TIKD requested to meet with Bar leadership. The Bar refused in a single sentence: "Upon consideration, we are declining your request to have a meeting."
Copyrighted Reg. #TXu1-785-263 7 Beach, Florida, the first of many meetings at that location, in addition to several meetings with other agents at the Miami-Dade County office. Agent McLaughlin was proceeding with the information given to her regarding the Florida Bar's conflicted relationship with its created/owned/operated legal malpractice carrier, Florida Lawyers Mutual Insurance Company
(FLMIC), and the Executive Director of The Florida Bar, John Harkness, Jr.'s position as a member ofthe Board of Directors of FLMIC. In addition, Agent McLaughlin was proceeding on the information given to her that Baron's Stores, Inc. (never-should-have-been bankruptcy) was confirmed using falsified, fraudulent documents, prepared by attorneys, who then filed those falsified, fraudulent documents in Federal and State court proceedings, to destroy Plaintiffs,
Nonnan Lanson, Meryl Lanson, and the corporate entity Baron's Stores, Inc., which it accomplished; to prevent the legally-cognizable damages they suffered from ever being paid in an unconscionable fraudulent scheme orchestrated by the Bar, to protect its financial interests and to protect the financial interests of others. The unconscionable fraudulent scheme was also designed to prevent the crimes of Bar members, and others, from surfacing so that the 'racketeering enterprise' under the guise of "Guardians of Democracy" could continue to flourish to the detriment of the unsuspecting public at large. To reiterate, yet again, the falsified, fraudulent documents which confirmed Baron's bankruptcy has never been refuted.
Soon after beginning the process, Agent McLaughlin was suddenly transferred to
Washington, D.C., and Special Agent Jeff Danik took over the investigation. The paper trail between M. Lanson and SA Danik is voluminous, and many, a matter ofpublic record. SA Danik was pursuing this case fervently. M. Lanson met with Jeff Danik on many occasions and was in constant contact with him. From the moment, SA Danik began his investigation he recognized the conflict between the Bar and its insurance carrier, and Harkness' role. During the reign of Alex
Copyrighted Reg. #TXu1-785-263 8 Acosta, this case got the attention it deserved, and then when the Administration changed in
2009, the attention and the investigation ceased, much to the chagrin of Mr. Danik, because he knew, and expressed that this matter needed a full investigation, and to this day he still cannot get over the fact that this "hot potato" was never pursued as it should have been. JeffDanik retired from the FBI a few years ago. There are good and decent and responsible and honorable and hard-working rank and file members at the FBI and at the DOJ - certainly in 2007 and 2008,
U.S. Attorney Alex Acosta, and Special Agents Danik and McLaughlin proved to be just that.
But, obviously "GATEKEEPERS" are in no short supply even at the FBI and DOJ, as we have come to learn, especially since the Valentine's Day Massacre, killing seventeen beautiful beings, at Marjorie Stoneman Douglas High School in M. Lanson's home town of Parkland, Florida.
Again, in the spirit offull disclosure, although much is a matter ofpublic record, M. Lanson spoke to, either by phone, or many times, at in-person meetings with members of the Executive branch, the Legislative branch of governments, members of the Florida Bar, and state and local law enforcement. Every single one recognized the inherent conflict of interest brought to their attention, but, just like these Defendants, these cowards, they were afraid of the Florida Bar, and what the Bar could do to them and to their careers.
And, that fear did not stop there, as the plethora ofmeetings M. Lanson had with the media, whether by phone conference, e-mail, or in person, every single one was eager to get their chomps into this story, and then for unexplainable reasons, voila, disappeared...... the pressure of the
Florida Bar. 8 It is worth noting that many of these journalists reached out to M. Lanson, for the story, and not the other way around.
8 When this Second supplement was first drafted, intended to be in-depth, M. Lanson was going to provide all the names of the individuals involved in the cover-up. But, considering recent
Copyrighted Reg. #TXu1-785-263 9 WHO IS DEFINED AS THE FLORIDA BAR?
Under the guise of calling themselves "Guardians of Democracy," the Florida Bar, led by
its leader ofthirty-eight years, Executive Director John F. Harkness, Jr.2 has used its/his position,
as the arm of the Florida Supreme Court, to operate a Racketeering Enterprise, B enriching the
lives of its' members, and others, to the detriment ofWe The People, including the ultimate crime,
the betrayal of the Justices ofthe Supreme Court ofFlorida. The recipients ofthe March 10, 2010
letter reads as the Who's Who of the Florida Bar (including but not limited to all members ofthe
Board of Governors at that time). H
The Power the Florida Bar possesses over the Justices of the Supreme Court of
Florida, was memorialized by Justice Ricky Polston's dissenting opinion in: Liberty Counsel, et
events, those names, those dates, such crucial information will be provided in filings to follow, but not in this court.
2 The longest reigning Bar Executive Director in the entire Nation.
H RICO defines "racketeering activity" as a long list ofstate and federal crimes. The federal crimes include various fraud offenses, a number of financial and economic crimes, obstructing justice, et al.; Racketeering: A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in the illegal activity;
The Black's Law Dictionary definition of "collusion" includes a "secret combination, conspiracy, or concert of action between two or more persons for fraudulent or deceitful purpose." This type of conduct would appear to be covered by both RICO and CORA.
H Although the Board of Governors since as early as 2000, and each President every year since Edith Osman's reign, have known about this, and "kept the secret," including Osman.
Copyrighted Reg. #TXu1-785-263 10 al. v. The Florida Bar Board of Governors, et al., Case No. 09-363, Justice Charles Canady
concurring. 12 13
"The Bar failed to comply with its policies, or waive them in the manner prescribed by its bylaws, when it approved the Family Law Section's request to file an amicus brief on homosexual adoption. Should The Florida Bar follow its own rules? The majority concludes that this decision is up to the Bar. See majority op. at 192. Because I agree with Liberty Counsel that this Comt should require the Bar to comply with its own rules, I respectfully dissent.
II. This Court Has a Duty to Supervise The Florida Bar
The Florida Bar is "an official arm of the court." R. Regulating Fla. Bar, ch. 1, Intro. Indeed, the Board's actions are "subject always to the direction and supervision of the Supreme Court of Florida." R. Regulating Fla. Bar 1-4.2(a). Therefore, as the administrative head of the Bar, this Court not only has the authority, but the duty, to require the Bar to follow its own bylaws and policies.
Every day, the Bar holds attorneys accountable for their actions in compliance with the rules of The Florida Bar. See generally R. Regulating Fla. Bar 3-3.1 (designating the Bar as an agency of this Court for the purpose of enforcing the rules of conduct for attorneys). When these rules are not complied with, there are disciplinary consequences to the lawyers. See R. Regulating Fla. Bar 3-5.1 (listing
M In a great many ofM. Lanson's filings, she refers to this case, specifically the dissenting opinion. But, it had been some time since she read the case in its entirety, and now, with what has gone on in Plaintiffs' collaterally-connected cases for more than two decades, it was time for her to re- read that case, especially because of the inordinate amount of scandals that have surfaced in our nation, finally getting the traction deserved, because people are, thank God, silent no more. As stated in this "Second" supplement," M. Lanson, has reached out to the Powers That Be in all three branches of Florida government, Federal and State Agencies, and Media, for two decades, as insurmountable documentation confirms, to no avail...... because the "GATEKEEPERS" are in place, allowing the Racketeering Florida Bar Enterprise to continue, to expand, to thrive, while destroying untold numbers of innocent lives, under the guise of "Guardians of Democracy," for the Bar's financial gain.
H When referring to the Florida Bar, footnote number 4 of this Opinion, explains who is considered "the Bar," (this is extremely relevant to who has been behind the unprecedented travesty in Plaintiffs case from the onset) states:
The petition specifically seeks permanent or temporary injunctive relief or other extraordinary relief against respondents, The Florida Bar Board of Governors, the President of The Florida Bar, John White, III, and the Executive Director of The Florida Bar, John Harkness, Jr. (collectively referred to as "the Bar").
Copyrighted Reg. #TXu1-785-263 11 the disciplinary consequences to lawyers who are found guilty of violating the rules). It is not too much to ask for the Bar to comply with its own requirements when we expect lawyers to comply with the requirements of the Bar. See R. Regulating Fla. Bar 1-11.1 (explaining that the Bar's bylaws "govern the method and manner by which the requirements" of the Bar's rules are met).
The majority concludes that this Court should not require the Bar to comply with its own policies and bylaws because the Bar has the authority to act in regards to sections and, therefore, its actions are not ultra vires. See majority op. 191-92. I do not agree with this conclusion or the particular use of the terms "authority" and "ultra vires" that the majority employs to arrive at its conclusion.
"Authority" is defined as "[t]he power to command, enforce laws, exact obedience, determine, or judge." American Heritage Dictionary 142 (2d coll. ed.1991). And, as the majority notes, "ultra vires" is defined as "unauthorized; beyond the scope of power allowed or granted by a corporate charter or by law." Majority op. at 191 (quoting Black's Law Dictionary 1559 (8th ed.2004)). However, the majority's use of these terms does not acknowledge that certain requirements, such as compliance with rules, must be met for the exercise of authority to be legal and proper. For instance, a police officer has the authority to conduct searches but not before fulfilling the procedural requirement of obtaining a valid warrant. See generally Ybarra v. Illinois, 444 U.S. 85, 100 S.Ct. 338, 62 L.Ed.2d 238 (1979); see also Word of Life Ministry, Inc. v. Miller, 778 So.2d 360, 363 & n. 3 (Fla. 1st DCA 2001) ("Even if those voting on May 24, 1978, had been authorized to elect directors, the elections were void for failure to observe restrictions imposed by the articles of incorporation which required directors to be members of the corporation;" electing individuals as directors did not confer membership because of specific bylaw procedural requirements for membership). Therefore, unlike the majority, I conclude that the Bar only has the authority to approve a section's amicus briefwhen, in doing so, the Board complies with all applicable bylaws and standing board policies.
In particular, I respectfully disagree with the majority's statement that "the Court will not interfere with or micromanage the activities of the Bar's sections, or the approval ofthose activities by the Bar, unless the Bar's actions regarding the scope of the activities of its voluntary sections are clearly outside the Bar's authority." Majority op. at 191. This statement is overly broad because there is nothing outside the Bar's authority, as the majority uses the term "authority," when it comes to the activities of the sections. Sections are created or abolished by the Bar's Board "as deemed necessary or desirable." R. Regulating Fla. Bar, Bylaw 2-7.3. The sections' bylaws, which define the scope and purpose of the sections, are approved by the Board. R. Regulating Fla. Bar, Bylaw 2-7.1. And the sections, which are integral parts ofthe Florida Bar, must work under the Board's supervision to accomplish their goals and purposes. R. Regulating Fla. Bar, Bylaw 2-7.2. But the majority's statement indicates that this Court will never act to supervise the Bar in its actions relating to sections.
Copyrighted Reg. #TXu1-785-263 12 As the administrative head of the Florida Bar, we simply cannot abdicate our duty to supervise the Bar. See art. V, § 15, Fla. Const. ("The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted."); Askew v. Cross Key Waterways, 372 So.2d 913, 920-21 (1979) (explaining that the nondelegation doctrine prohibits the delegation of constitutional functions to others).
III. Conclusion
Because the Bar failed to comply with or waive its Standing Board Policy 8.10(a)(3), and this Court has the duty to supervise the Bar, I would grant Liberty Counsel's request for injunctive relief without prejudice to the requisite vote on whether to waive the standing board policy. Accordingly, I respectfully dissent." One year after the decision in Liberty Counsel, et al. v. The Florida Bar Board of
Governors, having exhausted all avenues to gain access to Florida courts, being denied
Guaranteed Constitutional Rights to Due Process of Law, on September 8, 2010 M. Lanson filed a Petition for Writ of Mandamus in the Court of last resort in Florida, the Supreme Court of Florida.
This is where the criminal acts of Executive Director, John F. Harkness, Clerk of the
Supreme Court of Florida Thomas D. Hall, and attorneys, including, but not limited to Elliot
Scherker, (of the Bar's counsel, Greenberg Traurig's firm, and the attorneys for Great American
Insurance Company, the carrier for Defendant Salkin, who is also responsible for the Plaintiffs damages, and wherein all bad faith claims had been properly preserved) who prepared the
Response to M. Lanson's Petition on behalf of all the Respondents; "GATEKEEPER" Lauri
Waldman Ross; Charles W. Throckmorton, Robert M. Klein; Lewis N. Jack; and Reggie Sanger, colluded and conspired to once again, deny Meryl M. Lanson, and co-Plaintiffs their Guaranteed
Federal Constitutional Rights, in these state court proceedings. But, this time, the criminal acts reached the unprecedented level of these "actors" taking on the roles of the Seven Justices of the
Supreme Court of Florida in an unconscionable fraudulent scheme to, not only deny Guaranteed
Constitutional Rights to Plaintiffs, but to protect the financial interests of the Bar's legal
Copyrighted Reg. #TXu1-785-263 13 malpractice carrier, FLMIC, and the Bar's counsel, Greenberg Traurig's legal malpractice carrier,
Great American Insurance Company, from paying out all the losses due Plaintiffs as articulated in the Valid Orders ofthe Honorable Norman Gerstein, and the Honorable Chief Bankruptcy Judge
Paul G. Hyman, Jr.; the only two jurists, who conducted hearings and a trial, respectively, giving all parties their Due Process Rights to be heard before rendering VALID judgments. Once again, the Bar knew about those VALID State and Federal Orders, as the Bar, on numerous occasions, by different Bar officials, admitted they were "monitoring" the case. But, the reality is: what the Bar was really doing is "monitoring" M their "GATEKEEPERS" to make sure the results the Bar wanted would come to fruition, by whatever means necessary, even if it included death, which it did - the death of Baron's and the death of Nonnan Lanson.
The Order prematurely denying M. Lanson's Petition for Writ of Mandamus, in violation of Guaranteed Rights to Due Process of Law, is VOID. The Petition for Writ of Mandamus filed by M. Lanson should have and would have been Granted on the merits, had the Justices not been intentionally excluded from the process, in an unprecedented unconscionable fraudulent scheme, by those whom the Justices trusted most, those whom had unfettered access to the
Justices. Yet, all need be done to confirm that the Order is VOID, is to inspect the record, to see the premature denial, in violation of the Rules, and violating M. Lanson's Due Process Rights
Guaranteed Under the Fourteenth Amendment to the Constitution. It is hard to believe that the
"actors" who colluded, conspired and carried out this unconscionable fraudulent scheme could
M Black's Law Dictionary: What is Monitor? To keep track of, to check, to supervise, or to watch. To assess whether a critical point is under control in the context of an HACCP plan, conducting a systematic and repeated sequence ofmeasurements, or observations, against control parameters.
Monitoring is a general term that refers to the systematic, continual, and active or passive observation ofpersons, places, things, or processes. ... Surveillance is usually carried out in covert ways and with legal authority.
Copyrighted Reg. #TXu1-785-263 14 even take it to another level - but it is exactly what they did, when they wamed M. Lanson ahead of time, that:
'ANY OTHER MOTIONS OR REQUESTS FOR RELIEF IN THIS CASE ARE HEREBY DENIED' H
BY ADMINISTRATIVE ORDER: 14-65 ON NOVEMBER 24, 2014 CHIEF JUSTICE JORGE LABARGA CREATED FLORIDA COMMISSION ON ACCESS TO CIVIL JUSTICE
'GATEKEEPERS' have been manning the gates in Florida courts denying Guaranteed
Constitutional Rights to access the courts, due process, equal protections, ADA, as discussed ad nauseam in the abundance of Plaintiffs' filings, and sadly this Court has followed the same unconstitutional path, with impunity. 'GATEKEEPERS' infiltrate every branch of Florida government, especially when those 'GATEKEEPERS' are Florida Bar members, loyal to the Bar, betraying their employers, ultimately who are the taxpayers. And, again, it is because of the unchecked, unconstitutional egregious corrupted power of the Florida Bar, and its 'Godfather'
John F. Harkness. M The Bar's power extends to all agencies where Bar members are employed.
The 'Gates' are manned everywhere in this state, where not only Bar members are employed, but even the media.
We all know here in the state of Florida, that the Court of last resort is the Supreme Court of Florida. The Bar, desperate to make sure the damages were never to be paid to Plaintiffs, and
M M. Lanson, protected under the ADA/ADAAA, which was and is a matter ofpublic record, had suffered a nervous breakdown from PTSD/Legal Abuse in 2009. It is not a stretch to believe that these "actors" hoped that, by yet another (unconstitutional) Order, M. Lanson would suffer the ultimate breakdown, and that they would skate from their crimes.
M Naming the Florida Bar building the John Harkness Complex is the same as if the Holocaust Museum was named after Adolph Hitler.
Copyrighted Reg. #TXu1-785-263 15 that the Bar's "racketeering enterprise," and the racketeers would remain in power, made their
biggest fatal mistake when Meryl M. Lanson's Petition for Writ of Mandamus was prematurely
and unconstitutionally denied. There are no words, and it still is incomprehensible to believe
that the Bar could have done such a thing, throwing all seven Justices of the Supreme Court
of Florida under the bus, but it is exactly what happened; it is undeniable, irrefutable, and not
a defense in the world can make it go away.
I, Meryl M. Lanson, am not an attorney, and therefore did not swear to an Oath as all
attorneys must do when becoming a member of the Bar. Attached, as Exhibit "4" is that Oath,
which all these Bar members breached, along with their betrayal and disrespect of the judiciary
and judicial officers, none more than the Justices of the Supreme Court of Florida.
But, I, Meryl M. Lanson, a law-abiding citizen; a woman who holds herself to the highest moral and ethical code; still respects the process, and despite all she has been through, and the
sacrifices that had to be made, unlike these Bar members, maintains Hope and Faith that the
Justices of the Supreme Court of Florida, once finally presented with the facts, free from
"GATEKEEPERS" will ensure that justice will prevail, in accordance with the law and the
Constitution of the United States of America and the State of Florida.
Romans 8:28 - And we know that all things work together for good to those who love
God, to those who are called according to His purpose.
WHEREFORE, ADA-Protected Pro Se Plaintiff, Meryl M. Lanson, respectfully requests this Honorable Court to once and for all heed the words in the many quotes about justice by the one and only, incomparable - the late, the great Dr. Martin Luther King, Jr., and in his memory and honor on the '50' anniversary of his passing, remember:
THE TIME IS ALWAYS RIGHT TO DO WHAT'S RIGHT!
Copyrighted Reg. #TXu1-785-263 16 Respectfully submitted,
Meryl . anson, pro se 905 Not a Harbor City Blvd., #301 Melbourne, FL 32935 Telephone: 321-622-8592 Facsimile: 321-622-8593 E-mail: mlansonfla( gmail.com
By: Mer M. Lanson, pro se
VERIFICATION
I, MERYL M. LANSON, being duly sworn, state that I am representing myself, as pro se Plaintiff in this action. Under penalties of perjury, I declare that I have read the foregoing document, and I have knowledge ofthe facts contained in the document, which are true ofmy own knowledge, and that, which is in the court records, so help me God.
MERYL Ik LANSON
CERTIFICATE OF GOOD FAITH
I HEREBY CERTIFY to this Court that ADA-Protected Pro Se Plaintiff Meryl M.
Lanson hereby files this "Second Supplement": to the Verified Motion against Defendants and their Counsels for Defendants Intentional Malicious Bad Faith 57.105 Motion, which Defendants, and their Counsel, filed as a Weapon of Intimidation and Abuse, in Defendants' Ongoing
Unconscionable Fraud on the Court Scheme in Hopes that Plaintiffs would have Withdrawn their
Legally Cognizable Corrected Amended Complaint, and that the statements contained therein are for good cause, and are made in good faith, so help me God.
Copyrighted Reg. #TXu1-785-263 17 Meryl M. Lanson, pro se 905 North Harbor City Blvd., #301 Melbourne, FL 32935 Telephone: 321-622-8592 Facsimile: 321-622-8593 E-mail: [email protected]
By: Meryl . Lanson, pro se
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished by electronic mail via the Florida Courts e-filing portal and via e-mail to all parties listed on the attached Service List on this 5th day of April 2018.
Meryl . Lanson, pro se
SERVICE LIST
James Kaplan, Esq. and Frank Colonnelli, Jr., Esq. Counselfor Defendants Laura C. Douglas, Esq. Mark R. Osherow and Jeremiah Richard Jones, Esq. Mark R. Osherow, P.A. Marisa Eve Wiggins, Esq. Kaplan Zeena LLP Craig J. Shankman, Esq. 2 South Biscayne Blvd. Counselfor Defendants Justus W. Reid, One Biscayne Tower, Suite 3050 Justus W. Reid, P.A., Peter M. Bernhardt, and Miami, Florida 33 13 1 Reid, Metzger & Bernhardt, P.A. [email protected], Boyd Santini Parker & Colonnelli [email protected], 100 S.E. 2°d Street, 36th Floor [email protected] Miami, Florida 33131 [email protected] [email protected], [email protected], Mary Alice Gwynn, Esq. [email protected], Attorney for Baron's Stores, Inc. [email protected] 817 George Bush Boulevard [email protected] Delray Beach, FL 33483 [email protected] [email protected] [email protected] [email protected]
Copyrighted Reg. #TXu1-785-263 18 COMPOSITE EXHIBIT
#1 August 28, 2015
Florida Commission on Access to Civil Justice:
Chief Justice Jorge Labarga
Ramon A. Abadin, Esq. Thomas S. Edwards, Jr., Esq. R. Alexander Acosta, Esq. Benjamin J. Gibson, Esq. John A. Attaway, Jr., Esq. Judge C. Robert Hilliard Florida CFO JeffAtwater James A. Kowalski, Jr., Esq. Martha Barnett, Esq. Dominic C. MacKenzie, Esq. Florida Attorney General Pam Bondi Charles McBurney, Esq. Rob Bradley, Esq. Kathleen Schin McLeroy, Esq. Nikki Ann Clarke, Esq. Byron Russell Gregory W. Coleman, Esq. Chief Judge Bertila Soto Judge Timothy J. Corrigan Emerson R. Thompson Jr., Esq. Jeffrey S. Craigmile, Esq. Robin Hassler Thompson, Esq. Marshall M. Criser, III William A. Van Nortwick, Jr., Esq. Linda Doggett, Clerk of Court Gwynne Young, Esq.
Dear Chief Justice Labarga and Honorable Members:
There are twenty-seven members on this Commission; five are judges, eighteen are lawyers; four remaining non-lawyers - one is a Clerk of the Court; one is the Chief Financial Officer; one is the Chancellor of Florida State University System; and one is the only business community member of the three on the Commission that is not a lawyer. Thus, of the twenty-seven members on Florida's Commission on Access to Civil Justice, twenty-three are members of The Florida Bar. The fact that the overwhelming majority of members on this Commission are lawyers, and members of The Florida Bar I_S the problem, HAS BEEN the problem, and the reason Access to Justice in Florida has now been deemed a "CRISIS."
WHY DOES EVERYTHING HAVE TO REACH 'CRISIS' LEVELS BEFORE THOSE IN POWER FINALLY ACT? 1
1 As the record will reflect and confirm, my numerous pleas' since 1998, and the filing of FOUR 'Writs' since as early as 2001, and an Amicus in 2011, have all been denied by the Florida Supreme Court, totally ignoring the verified facts I presented, denying constitutional rights to Florida citizens, equal access to the courts, due process rights to be heard, Federal mandated ADAAA rights, et al.,
Copyrighted Reg. #TXu1-785-263 1 The main focus of the Commission's work must be:
1) to identify and examine barriers that impede access to civil justice; and 2) to seek the funding resources necessary to fix what is broken.
Ladies and Gentlemen, I have identified "the Barrier," and my husband, Baron's and I will be providing a_Il of the necessary resources to begin fixing, what is a broken civil justice system.
THIS CRISIS WILL SOON BE OVER
I respectfully request your absolute and undivided attention, imploring each of you to read every single word herein, and every single word contained in the written documents attached hereto, 2 as:
THIS IS AN "EXTREMELY URGENT" MATTER OF GREAT PUBLIC INTEREST AND IMPORTANCE
For more than two decades, all I have asked for, begged for, is my inalienable constitutional rights to due process of law, along with my Co-Plaintiffs, in a legal malpractice case, against well connected and protected members ofThe Florida Bar. And for more than two decades, Florida courts have intentionally denied me, and my Co-Plaintiffs our rights, in violation of, not only Florida Statutes, the Rule of Law, the Code of Judicial Conduct, the Rules Regulating the Florida Bar, the Americans with Disabilities Act Amendments Act, but also in total disregard of the commitment lawyers pledge upon taking the Oath to become an officer of the court, and most reprehensible, the intentional disregard of Jurists' Oath to Uphold the Constitution of the United States of America and the State of Florida.
OBSTRUCTING JUSTICE, FIXING CASES BY DENYING CONSTITUTIONAL RIGHTS TO DUE PROCESS OF LAW
which, had the Florida Supreme Court acted in accordance with the law, their duties and responsibilities, this current 'Crisis' could have and most definitely would have been averted.
2 The June 3, 2013 Verified Motion to Vacate Void Orders...... the "Binder" being absolutely the most detailed and important document you all will ever read.
Copyrighted Reg. #TXu1-785-263 2 My name is Meryl M. Lanson. I am the wife ofNonnan Lanson. We are the family owners of Baron's. Some of you have heard ofme; others maybe not. Some ofyou may never have heard ofBaron's. Others bought the very suits you or your husbands wore to work, at one of our stores across Florida. We were the quintessential business owners, employing two hundred people for decades; health benefits, retirement, profit sharing -the kind ofjob security folks in government get to enjoy, except we weren't the govemment. We were a family business, which we built.
Norman, and I, and Baron's paid multi-millions of dollars every year to the State and Federal governments in tax revenues; we created charitable foundations; sponsored numerous causes and events; gave generously during the FIFTY YEARS in which Baron's was in business, and when we were employed. I need not go on, as for those who know me - know Baron's, and the story of its tragic preventable demise; those who do not know yet, soon will. But suffice it to say, that every tangible and intangible asset which we worked hard, earned honorably and shared generously, was stolen from us by a series of betrayals by fiduciaries we trusted to protect our lives, and our livelihood. These fiduciaries placed their financial interests ahead oftheir clients, by fraud and deception, colluding and conspiring in obstructing justice, cover-ups of prodigious proportions, by lawyers and jurists/members of The Florida Bar at the behest and knowledge ofthe hierarchy of The Florida Bar, itself, and it continues up to this very moment in time.
It is called "CASE FIXING,"
It is the "NUMBER ONE BARRIER" to ACCESS CIVIL JUSTICE IN FLORIDA COURTS
"Operation Court Broom" during the 1990's, in Florida's Eleventh Judicial Circuit, was merely a test run for what followed, and has been ongoing for more than twenty years: The legal malpractice case, No. 99-21062 CA 22, Norman Lanson, Meryl M. Lanson, Baron's Stores, Inc. v. Ronald Kopplow, Kopplow & Flynn, Marc Cooper, Cooper & Wolfe, P.A., and Sonya L. Salkin, Malnik & Salkin, P.A. will n_o doubt be the largest and most far reaching legal and judicial corruption case this Nation will ever witness, dubbed:
"GATEKEEPERS OF THE BAR"
Cases are fixed in Florida courts through those in power, "GATEKEEPERS," who are equipped with the idealpedigree to convince almost anyone they are beyond reproach. They certainly have convinced members on this Commission.
Copyrighted Reg. #TXu1-785-263 3 HOW ARE CASES FIXED IN FLORIDA COURTS?
Through intentional and systematic denials of constitutional fundamental rights to due process of law. It is exactly what has gone on in this substantial high profile legal malpractice case against so called "Super Lawyers/Defendants," and their so called "Super Lawyers/Defense Counsels." And, it doesn't stop there, as the only way to complete the circle of corruption is obtaining unlawful unconstitutional judicial orders from complicit courts, rendering judgments VOID.
"The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner." Mathews v. Eldridge, 424 U.S. 319, 333 (1976). Because fundamental fairness requires that a party have the opportunity to present evidence on the allegations of the complaint and the contested factual issues, the denial of this opportunity renders a court's ensuing judgment void. See Klapprott v. United States, 335 U.S. 601, 609 (1949) (stating that "if the hearing of evidence is a legal prerequisite to rendition ofa valid...judgment," the denial ofthe opportunity to be heard renders the judgment void); In re Complaint of Bankers Trust C_o., 752 F.2d 874, 890 (3d Cir. 1985) ("Due Process mandates that a judicial proceeding give all parties an opportunity to be heard on the critical and decisive allegations which go to the core of the parties' claim or defense and to present evidence on the contested facts."); Thompson v. Madison County Bd. OfEduc., 476 F.2d 676, 678 (5d' Cir. 1973) (noting the importance ofan opportunity to present evidence and concluding that "a court can only render a judgment after the parties have been afforded a full and fair trial on the claims properly before the court").
U.S. Constitution - 14th Amendment
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens ofthe United States and ofthe state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection ofthe laws. The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or
Copyrighted Reg. #TXu1-785-263 4 property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.
The Fifth Amendment's reference to "due process" is only one of many promises of protection the Bill of Rights gives citizens against the federal government. Originally these promises had no application at all against the states. Did the Fourteenth Amendment change that? In the middle of the Twentieth Century, about a century after its adoption, a series of Supreme Court decisions found that the Due Process Clause "incorporated" most of the important elements of the Bill ofRights and made them applicable to the states. These decisions almost obliterated any difference between the Bill of Rights and the Fourteenth Amendment. If a Bill of Rights guarantee is "incorporated" in the "due process" requirement of the Fourteenth Amendment, state and federal obligations are exactly the same. The promise of legality and fair procedure.
While the text of the due process clause is extremely general, the fact that it appears twice makes clear that it states a central proposition.
The clause also promises that before depriving a citizen of life, liberty or property, government must follow fair procedures. Thus, it is not always enough for the government just to act in accordance with whatever law there may happen to be. Citizens may also be entitled to have the government observe or offer fair procedures, whether or not those procedures have been provided for in the law on the basis of which it is acting. Action denying the process that is "due" would be unconstitutional.
An analysis made by the late Judge Henry Friendly in his well-regarded article, "Some Kind of Hearing," generated a list that remains highly influential, as to both content and relative priority:
1. An unbiased tribunal. 2. Notice of the proposed action and the grounds asserted for it. 3. Opportunity to present reasons why the proposed action should not be taken. 4. The right to present evidence, including the right to call witnesses.
Copyrighted Reg. #TXu1-785-263 5 5. The right to know opposing evidence. 6. The right to cross-examine adverse witnesses. 7. A decision based exclusively on the evidence presented. 8. Opportunity to be represented by counsel. 9. Requirement that the tribunal prepare a record of the evidence presented. 10.Requirement that the tribunal prepare written findings of fact and reasons for its decision."
Attached is a sworn Declaration, Exhibit '1.' This non-exhaustive document names the participants, and their roles; the courts, abettors of the cormption and crimes committed by their lawyer brethren; facilitators of this unconscionable scheme against the "general" public and also, against the disabled and senior citizen members of the public- at- large.
Chief Justice Labarga, and Members of this Conunission:
THE "BAR" IS THE BARRIER TO ACCESS JUSTICE IN FLORIDA
Denial of access to justice has no borders, crosses every racial and socio-economic line, the "general" public at large, those protected pursuant to the Americans with Disabilities Act and its Amendments Act, the "disabled," black, white, yellow, brown, red, poor, middle class, the list goes on and on, and yes, even the rich are being denied access to civil justice. I know this for a fact. We were wealthy and healthy; now indigent and disabled. It happened to me, to us, to Baron's. And, it's still going on - "21" years later. If this could happen to us, and it did:
IT CAN HAPPEN TO ANYONE
A case which should have settled two decades ago, for the lawyers' negligence per se, the failure to file an accounting malpractice claim, within the statute of limitations, against our former CPA's; unequivocally committing legal malpractice. The Certified Public Accounting firm, upon learning of their accounting negligence began to obstruct justice by altering, changing, destroying and tampering with our work papers, after they completed their certified audit. This directive by the Managing Partner of the CPA firm, was known to our then-attomeys, and each and every attorney who represented us in what they all called a "Slam Dunk" legal malpractice lawsuit. The directive was known as the "Smoking Gun," which, if made public, would cause the loss of the CPAs license, taking the same route as Arthur Andersen, for its complicit role in Enron.
Copyrighted Reg. #TXu1-785-263 6 Rather than our attorneys own up to their negligence per se, and demand their insurance carrier, Florida Lawyers Mutual, pay the claim, our then-attorneys, our fonner CPA finn, and both of their insurance companies, colluded and conspired in the cover-up ofthe both malpractices and the criminal activity ofthe accounting firm in order to protect the insurance companies from paying out the claims.
And then the nightmare began - in steady targeted attacks on my husband and me, using progressive elements of attrition, attempting to wear us down to exempt the insurance companies from accountability, while protecting the criminal acts of the accountants and our then-attorneys, the Bar's insurance company's insureds. Not only was one ofour attorneys insured by the Bar's carrier, FLMIC, but, unbeknownst to us at the time, he was also an employee of FLMIC, as an attorney defending other lawyers who committed negligence and criminal acts against society.
IT'S NEVER JUST THE CRIME - IT'S ALWAYS THE COVER-UP
The negligent acts evolved into crimes of encyclopedic proportions, as the cover- ups involve the highest ranking members of The Florida Bar, Judges, and the Bar's Board ofGovernors, including the newly elected President ofThe Florida Bar, Ramon Abadin.
Baron's, our wonderful, FIFTY YEAR old Florida corporation was put to death; two hundred employees put out ofwork; creditors lost money, put out of business; charities, community, less fortunate feeling such a loss, and Nonnan's and my life, forever changed...... because the attorneys, in order to hide their own malpractice, unlawfully threw Baron's into bankruptcy, to protect the Bar's insurance company from paying substantial damage claims - the Bar's insurance carrier, Florida Lawyers Mutual Insurance Company, created/owned/operatedby its insured members, including the defendants in this legal malpractice case. This unconscionable scheme, was carried out in tandem with a bankruptcy attorney who had the clout and presence in the bankruptcy court, as a United States Panel Trustee, duping the Court into believing she was beyond reproach.
Our (former) attorneys, Ronald Kopplow, Marc Cooper and Sonya Salkin, caused incomprehensible, irreparable, insunnountable damages to so many, and then compounded their illegal acts, by: tampering, modifying, altering, fabricating and falsifying the "Bankruptcy Confirmation Plan" documents, submitting the fraudulent documents in federal bankruptcy court, without the knowledge of or consent of the Debtor and the Creditors, denying constitutional due process rights to be heard rendering Baron's Confirmation VOID, ab initio.
Copyrighted Reg. #TXu1-785-263 7 Our three (former) attorneys then surreptitiously withheld the fraudulent bankruptcy plan documents for TEN YEARS, until the documents re-surfaced, and became known to us, for the first time, in the state court legal malpractice case, when the fraudulent documents were filed and submitted by defendants and their counsels, who had been colluding and conspiring with their lawyers/clients, in multiple frauds on the courts, with such brazen impunity, as they had the full protection of The Florida Bar. Those same falsified fraudulent documents were submitted and filed, via the internet, United States mail, and in person, in the Eleventh Judicial Circuit Court, facilitated by Circuit Court Judge Jeri Beth Cohen. Judge Cohen sold her robe, committing state and federal crimes, in a guid pro quo, while in the midst of a highly contested judicial election campaign. The details ofwhat Judge Jeri Beth Cohen did are fully outlined in the December 9, 2013 Formal Sworn Complaint for the Impeachment of Judge Jeri Beth Cohen, which I filed with the Speaker of the House of the Florida Legislature, and which will be provided to all Commission members subsequent to this initial filing.
Having exhausted every avenue within the Florida judiciary from the trial level, to the appellate level, all the way to the Florida Supreme Court, (even during the years we were represented by the "Who's Who of Florida's Legal Elite") I set about, getting to the bottom of who-knew-what-when standing silently, watching, doing nothing, for two decades, while my husband and I went from upstanding healthy wealthy contributing members of society to disabled indigent homeless Florida residents, fighting life threatening illnesses, which now is:
A MATTER OF LIFE AND DEATH
At the worst time of our lives, crying for the legal tyranny; torture, terror, legal and judicial abuse to end, it was my unwavering faith in the Lord, which sustained me, for I knew that He knew, that what appeared to be the end, was just a "new" beginning, not only for me and mine, but for all of His children.
Of all places for that epiphany to occur, while lying completely still, alone on a machine in a very cold room, radiation consuming my breast-less chest, and the light bulb in my brain simultaneously igniting with the lights of aggressive treatment for inflammatory breast cancer. Immobile, while the clicking machine went over and under the left side of my chest, at MD Anderson Cancer Center in June, 2012.
Copyrighted Reg. #TXu1-785-263 8 It took me one whole year, from that moment on the radiation slab, under extremely dire circumstances: diagnosed with heart disease, two months later, in August, 2012; just five months after completing six months of aggressive chemotherapy followed by a bilateral mastectomy for the September, 2011 cancer diagnosis; AND that news, my Stage III cancer, coming just two months after Norman was diagnosed with, and began treatment for, very aggressive invasive Stage IV cancer, on July 8, 2011, our "30th" wedding anniversary.
My unwavering faith soared even higher with the realization that what occurred in Florida courts, could never, under any circumstances, be fair, be just, be legal, o be permanent. And, that day, on that cold radiation table, in June, 2012, the next chapter of my life was consumed to finding out how to Vacate and set aside those fraudulently begotten unconstitutional Court Orders.
Burnt to a crisp, requiring stillness and bed rest, and medication, yet such critical healing time I could not afford, having to spend every other waking moment pouring through documents, case law, opinions, orders, researching to obtain the incontrovertible proof that the Judgments procured by the defendants/attorneys and their counsels, with complicit judges, through extrinsic frauds on the courts; denial ofconstitutional rights to due process of law; lack of subject matterjurisdiction; lack ofpersonal jurisdiction, violations ofthe ADA, renders all Judgments "VOID."
And so, on June 3, 2013, a one year after completion of radiation, having worked non-stop, reliving the past two decades, simultaneously tending to the needs ofmy elderly, disabled husband, trying to keep myself from relapse, and both our heads above water, I finally finished and submitted to the Executive, Legislative, Judicial and Administrative branches of Florida government the "Binder." This 97-page "Verified" Motion to Vacate and Set Aside All the Judicial Orders as VOID of Eleventh Judicial Circuit Court Judge, Jeri Beth Cohen is attached herein to all the Members of the Florida Commission on Access to Civil Justice, Exhibit '2'.
I IMPLORE EACH OF YOU TO READ THIS "BINDER" IN TOTO
This "Verified Binder" details the horrific events of the past TWO DECADES, and the lengths that Florida Bar lawyers and judicial members have gone to, in obstructing our rights to justice, inalienable rights, guaranteed under the United
1 On December 24, 2012, I submitted the "Preface" to the Verified Motion to Vacate the VOID Orders, which will be provided as part of Exhibit '2' - the "Binder."
Copyrighted Reg. #TXu1-785-263 9 States and Florida Constitutions, and those protected by the Americans with Disabilities Act, proving that no justiciable remedy exists in Florida's judiciary:
THIS 'CRISIS' SHOULD NEVER HAVE OCCURRED HAD THE FLORIDA SUPREME COURT NOT ABIDCATED ITS AUTHORITY TO CONTROL THE "BAR"
THE BARRIER TO ACCESS CIVIL JUSTICE IS THE FLORIDA BAR
For the "general" public at large, due process commands that deprivation of life, liberty or property by adjudication be preceded by notice and a meaningful opportunity to be heard. These basic fundamental rights to due process, under the Fourteenth Amendment to the Constitution, are guaranteed. But, our lives were irreparably altered, our liberties shattered, our properties stolen without any opportunity to be heard in a fraud on the court conspiracy between lawyers and jurists' members ofthe Florida Bar, with the Bar's full protection from any discipline in a quidpro quo, protecting the Florida Bar, its financial interests and its favorite "Super Lawyers" and those lawyers who are adorned with "Black Robes."
Compounding this travesty is that Nonnan and I are just not members of the "general" public; we are both disabled, protected under Title II of the Americans with Disabilities Act and its Amendments Act, which has placed the State ofFlorida, through the Executive and Legislative branches, in a very precarious situation. What the Courts' unconscionable scheme, have attempted to do is to shift the burden to the taxpayers, pursuant to Title II of the ADA, and the State's responsibility to cure the hann we have suffered, by the denial of our constitutional rights to access our courts and our fundamental rights to be meaningfully heard, Tennessee v. Lane, 541 U.S. 509, 124 S. Ct. 1978, 158 L.Ed.2d 820 (2004).
Attached, as Exhibit '3', is a letter prepared by Dr. Karin Huffer, our ADA Advocate. Dr. Huffer's previous sworn Declaration is also part of the June 3, 2013 "Binder," as Exhibit B thereto. I cannot stress enough the import of Dr. Huffer as the foremost expert internationally on overcoming the barriers to physical, participatory, and testimonial access to the courts for all persons, emphasizing those with invisible disabilities. She brings 30 years of experience, research, publishing, and literally standing side-by-side with litigants working to ensure fair and equal access to the judicial system under the ADA or other prevailing law. Although the State of Florida remains responsible for demanding that our constitutional rights are protected, the State must do everything in its power to insure
Copyrighted Reg. #TXu1-785-263 10 that the taxpayers are n_ot the ones shouldered with the financial burden at all; those damages must be paid by the various professional malpractice insurance companies, (and re-insurance companies) the Bar's own, Florida Lawyers Mutual Insurance Company, being "Numero Uno." Furthermore, those insurance companies, along with the individuals, and agencies, named in the accompanying Declaration, those who colluded and conspired, those who turned a willful blind eye, signing judicial orders, intentionally ignoring the criminal conduct of their brethren, aiding and abetting, ignoring their Oaths and the U.S. and Florida Constitutions, are jointly and severally liable for our damages.
Having submitted the "Binder," the "Verified Motion," waiting for a response, from someone, I still would not rest on my laurels, as my rights, those guaranteed to me from birth, were going to be given to me, and to mine, and to all, come hell or high water. And so, despite the fact that the contents of the "Binder" with its unrefuted evidentiary support, confirmed that no remedy exists in Florida's judiciary, especially in cases where the Bar's financial interests are at stake, I still went back to the courts, with a glimmer ofhope that there had to be o_ne honestjurist amongst the Eleventh Judicial Circuit Court, known by pundits as the Judicial Hellhole in the Nation. And so, in June, 2013, back to the Eleventh Judicial Circuit Court in and for Miami Dade County, I went to have:
"ALL THE VOID ORDERS VACATED."
The fact that I have been engaged in this current writing exercise for the past four months, beginning my first draft on April 17, 2015, after spending one year of my fragile life preparing the "Binder," causes heightened PTSD symptoms. But, the necessity to do so is absolute, no matter the additional cost to my health; for it is way past being about me, and mine. It is my unshakable belief, that every one of us has a duty to leave this world better than we found it, making the sacrifices like our forefathers, so the world be brighter for the rest. The very Oath the "corrupters" swore to but never intended to fulfill, as illustrated by the concrete research I conducted, and the work product submitted, verifiably, crossing every 't' and dotting every 'i' a million times. What our forefathers could never have imagined is the unmitigated greedy gall of those who claim to be:
GUARDIANS OF DEMOCRACY
To cut right to the crux of this matter, "OUR 'CRISIS'," is the fact that not one of the judges who presided over our case has the courage to do the lawfully, constitutionally mandated right thing and vacate the VOID orders, regardless of the
Copyrighted Reg. #TXu1-785-263 11 fact that they have no discretion but to do so, in accordance with Florida Statutes, Rules of Civil Procedure, Rule of Law, Code of Judicial Conduct, (also violating Chief Justice Labarga's Administrative Order, SC-1466, Diligent Performance of Judicial Duties with the complicity of Eleventh Judicial Circuit Court Chief Judge Bertila Soto, who is also a member on this Commission), and most repugnant the Constitutional Oath each swore to uphold.
As stated above, 23 of the 27 members on this Commission are lawyers/judges, members of The Florida Bar, and, therefore, should have a clear understanding of what constitutes VOID judgments/orders, I have taken the liberty below, in as concise a narrative as possible, to educate those 4 remaining non-lawyers, separate and apart from their duty to read the "Binder" in total. Before I present to you VOID explanation, I remind you that I am not an attorney, and in that regard bring to your attention the reasons why 99% of lawyers will not pursue VOID judgments/orders; the major reason I have remained pro se. I must, in the spirit of full disclosure, give credit where it is rightly, justly and heroically due to Richard Comforth, whose work on this subject matter, VOID, has eloquently stated:
"Void judgements cannot stand. The court must vacate it and withdraw any order of enforcement. Otherwise, a judge loses immunity against tort (and possibly racketeering) complaints by people injured through the ruling, the order, or the enforcement thereof.
Why Attorneys Don't Attack Judges for Void Judgments
Some attorneys will rigorously attack void judgments, and thereby attack the evil or incompetent judges who rendered them. However, attorneys seem generally loath to attack a judge for void judgments, even though plenty of case law exists to illustrate the contrary. For every attorney who fights ajudge over a void judgment, 99 attorneys refuse to do it and tell their clients "I'm sorry. You lost. There's nothing further I can do. Unless you want to pay me to file an appeal."
Why do 99 out of 100 attorneys seem like such cowards?
Well, after the attack, they will suffer consequences that will adversely affect their clients. They have to continue "practicing" law before that particular judge. Embarrassing the judge with a void judgment claim can earn the judge's scorn and enmity. Such a judge will probably rule against the attorney's clients in the future out of spite, just to teach the attorney a lesson. Attorneys don't like losing cases. They really hate losing a case they should win, particularly when they lose merely because the judge hates them.
Copyrighted Reg. #TXu1-785-263 12 And of course, such judges might develop hatred to the extent of imposing costly sanction fines upon the offending attorney, or filing demeaning bar complaints against the attorney. Such complaints could lead to disbarment and destruction of the attorney's professional life. 4 Why You Cannot Trust Many Attorneys
Judges use sanctions, bar complaints, and the threat of such penalties, to control attorneys through fear.
That constitutes the single most important reason you cannot trust ntany attorneys to go to battle for you against bad judges or "connected" opposing counsel.
Attorneys won't file criminal complaints, bar complaints, Ethics Commission complaints, or impeachment complaints against judges and connected attorneys because that brings disrepute on the profession and will surely result in disbarment proceedings.
And so, many good attorneys won't risk their careers to expose bad judges to dishonor, impeachment, and criminal charges. Thus, those good attorneys, for all their litigation skills, become "bad" attorneys whom you cannot trust.
Why You Must Learn to Fight as Pro Se
For that reason, you MUST learn to fight bad judges and connected opposing counsel all by yourself as a "pro se" litigant."
That is exactly what I had to do, pro se; what I have done, pro se; fighting this "leviathan," the Florida Bar, and its corrupt members. I swore that I would do whatever humanly possible I could, under the law, to make sure that what happened
4 This is exactly what happened to Norrnan Lanson's and Baron's attorney, Mary Alice Gwynn, who was suspended 91-days (in reality 14 months, followed by two years of probation), to insure Norman and Baron's would not be able to proceed without an attorney.
What is still so astounding, even today, is the "fact" that Ms. Gwynn was suspended from the practice of law, based on the Florida Supreme Court's findings of an "inference." As a non-lawyer, I even know that a higher burden is warranted before taking a lawyers' license, and damaging their lives, livelihood and reputation. But the "fix" was already in.
Copyrighted Reg. #TXu1-785-263 13 to me, to mine, and to attorney, Gwynn, would never happen to any other member of society, nor any honorable member of The Florida Bar, So Help Me God.
WHAT TRANSPIRED IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN THE TWO YEARS SINCE (JUNE 3, 2013) THE VERIFIED MOTION TO VACATE VOID ORDERS WAS FILED, SUBMITTED AND SERVED
Fourjudges in the Eleventh Judicial Circuit Court have presided over this case, since the Verified Motion to Vacate Void Orders was filed on June 3, 2013: Judge Darrin P. Gayles; E Judge Jose M. Rodriguez; Judge Jeri Beth Cohen; Judge Gill S. Freeman. Each of these Judges were provided with the Verified Motion to Vacate the VOID orders; each one tossing this "hot potato" to the next one, finally landing on the bench of Judge Gill S. Freeman.
NO JUDGE WANTS TO DO WHAT THEY HAVE NO DISCRETION BUT MUST DO
The fact is: unrefuted fraudulent documents were used to secure all the VOID Orders. Plaintiffs were denied their Constitutional Guaranteed Rights to Due Process of Law, under the U.S. Constitution, Federal Rules of Civil Procedure 60(b)(4), Florida Constitution, Florida Rules of Civil Procedure 1.150, 1.540(b)(3) extrinsic
2 Judge Darrin S. Gayles was the o_nly one of the fourjudges, who did not ignore or toss this "hot potato." Unfortunately for us, but fortunately for him, and the public, Judge Gayles, in the midst ofpresiding, was elevated to the Federal bench.
4 The chronology of what transpired during the two years with these four judges is more fully outlined in the May 26, 2015 Motion for Rehearing of Judge Gill Freeman's Order. That extremely important "Verified" Motion for Rehearing will be provided to the Members ofthe Commission subsequent to this initial filing. That Motion for Rehearing was the very last Motion I filed in the Eleventh Judicial Circuit Court. For now, let it be known that Judge Gill Freeman, who led us to believe that she was beyond reproach, and would follow the law, and uphold her Constitutional Oath, and abide by the Code of Judicial Conduct, volunteering to preside over this case, for reasons outlined in the Motion for Rehearing, turned out to be a "ruse," a mean spirited ruse. What Judge Freeman did, and the additional damage she caused, will not go unnoticed. Having read just a few days ago that Judge Freeman decided n_ot to run for re-election in 2016 brought just a bit of comfort to me, knowing that she would not be sitting on the bench, causing more harrn to others as she did to us.
Copyrighted Reg. #TXu1-785-263 14 fraud on the court, and 1.540(b)(4) VOID, and Title II of the Americans with Disabilities Act/Amendments Act.
No Judge wants to deal with the unrefuted fraudulent documents and conduct the mandated Evidentiary Hearings against their brethren. Four (4) Courts in the Eleventh Judicial Circuit have refused to conduct the mandated Evidentiary Hearings pursuant to Rule 1.150, Sham, Rule 1.540(b), Fraud on the Court, and Rule 1.540(b)(4), VOID, since the "Verified Motion to Vacate VOID Orders" was filed on June 3, 2013.
What these past two years have unequivocally confirmed is every word in the "Binder," and the sad but true fact: that there is NO REMEDY in Florida courts to Vacate VOID orders, when such Orders were procured by Florida Bar Brethren.
Chief Justice Labarga and Honorable Members of this Commission:
I have shared with you just a mere snapshot of our losses and our sufferings; the "Binder" is more complete. But, only Norman, I and the Ahnighty have seen and lived the entire landscape. It is my very humble belief that He chose me for this monumental undertaking, placing the greatest of obstacles in our path, for eons, as a test of His confidence in my faith, that, not only with God all things are possible, but without Him, my being able to deliver this Indictment would be impossible.
THE LORD KNEW THE 'CRISIS' THIS WOULD BECOME FOR ALL SOCIETY AND CHOSE THIS PURPOSE AND DESTINY FOR ME FOR THE BETTERMENT OF ALL OF HIS CHILDREN
FOR THAT I AM SO BLESSED
You see, Ladies and Gentlemen: It was never just about the money. For had that been the case, "Our Crisis" would have ended on April 3, 2008 at a Settlement Conference in Miami, Florida. Our lives would have gone on, continued, picking up where we left it before this all began, in 1993, but the "price" was too high for my moral and ethical compass to ever consider or accept.
For this Commission, including 21 members ofthe Florida Bar, jurists and attorneys, to fully comprehend what the lawyers, on both sides, and the mediator, former Eleventh Judicial Circuit Court Chief Judge Gerald Wetherington, wanted Norman, Baron's and I to do, in order to settle the legal malpractice case was to sweep ALL
Copyrighted Reg. #TXu1-785-263 15 the frauds by the attorneys and judges under the proverbial rug, so that "we could get on with our lives," allowing them to continue theirs, "business as usual" for the legal profession.
To clarify what they were demanding us to do in order to settle the malpractice case, I again asked Nonnan's then-attorney: Are you telling me that we can settle the legal malpractice case, with the proviso that all of the outstanding Motions in State and Federal Courts for frauds on the courts, striking their pleadings, vacating the orders as VOID for due process violations will be hushed? The reply I got was a resounding YES.... that is the only way this case will be settled. At that point, I told him, they will never live to see the day we would settle the case and cover-up these frauds by lawyers and judges, to the detriment of the public. I knew I would never be able to live with myself, making a deal with the Devils, while the unsuspecting public would fall prey like we did. That was the end of the settlement conference, at which point we should have proceeded to a jury trial of our peers. THAT WAS NEVER TO BE.
A couple days later, Nonnan and Baron's attorneys withdrew from representation, abandoning us in the middle of a scheduling order they negotiated, outstanding Motions to Strike as Sham Pleadings, Motions for Fraud on the Court, Motions to Vacate VOID orders, still not heard, which would lead up to ajury trial of our peers - THAT WAS NEVER TO BE - the attorneys withdrew without protecting our interests, in violation of the Rules, continuing to cover-up for their brethren, throwing us into the:
"LION'S DEN" OF THE COURT OF JUDGE JERI BETH COHEN 2
The following, which I amassed through previous filings obtained through my research, is supported by Florida case law, Federal case law, and case law from other jurisdictions, defining:
a) What constitutes a judgment/order being rendered VOID; b) The fact that there is NO statute of limitation to Vacate VOID judgments/orders; and c) The Courts, Federal and State, have NO discretion but to Vacate Void judgments/orders.
2 Every element of truth of that statement is expounded upon in the Impeachment Petition of Judge Cohen, which will be forthcoming to all members on this Commission. In the meantime, see Sections I and II of the "Binder."
Copyrighted Reg. #TXu1-785-263 16 - A void judgment is one which, from its inception, is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind the parties or to support a right, of no legal force and effect whatever, and incapable of enforcement in any manner or to any degree;
- A voidjudgment has no effect whatsoever and is incapable ofconfirmation or ratification;
- Res judicata consequences will not be applied to a void judgment which is one which, from its inception, is a complete nullity and without legal effect;
- Void judgment is one which has no legal force or effect whatever, it is an absolute nullity, its invalidity may be asserted by any person whose rights are affected at any time and at any place and it need not be attacked directly but may be attacked collaterally whenever and wherever it is interposed;
- Void order which is one entered by court which lacks jurisdiction over parties or subject matter, or lacks inherent power to enterjudgment, or order procured by fraud, or acted in a manner inconsistent with due process can be attacked at any time, in any court, either directly or collaterally, provided that party is properly before court;
- A "void judgment" as we all know, grounds no rights, fonns no defense to actions taken there under, and is vulnerable to any manner ofcollateral attack. No statute of limitations or repose runs on its holdings, the matters thought to be settled thereby are not res judicata, and years later, when the memories may have grown dim and rights long been regarded as vested, any disgruntled litigant may reopen the old wound and once more probe its depths. And it is then as though trial and adjudication had never been;
- Ajudgment which is void upon its face, and which requires only an inspection of the judgment roll to demonstrate its wants of vitality is a dead limb upon the judicial tree, which should be lopped off, if the power to do so exists. If a court grants relief, which under the circumstances it hasn't any authority to grant, its judgment is to that extent void. An illegal order is forever void;
- A void judgment is a legal nullity and a court considering a motion to vacate has no discretion in determining whether it should be set aside.
Copyrighted Reg. #TXu1-785-263 17 - Void judgment is one which has no legal force or effect whatever, it is an
absoluteaffected nullity,at any timeits invalidityand at anymayplacebe assertedand it needby anynot bepersonattackedwhosedirectlyrights butare may be attacked collaterally whenever and wherever it is mterposed.
MANDAMUS RELIEF FILED AT THE FLORIDA SUPREME COURT See Plymel v. Moore, 770 So.2d 242, 249 (Fla. 1st DCA 2000) (holding that a denial of due process warrants mandamus relief).
I have copied and pasted below what was stated on Page 1, Footnote 1 of this document taken directly from the Florida Supreme Court docket. The three Writs which follow deal with the corruption of The Florida Bar's disciplinary process, s ecifically when handling grievances against the Bar's malpractice insurance company's insureds. Incredibly, the Florida Supreme Court, m its demal of all three Writs, stated it had no jurisdiction over The Florida Bar. SC01-299 Filed 1/16/2001 Mandamus Disposed 3/28/2001 SC01-1577 Filed 7/20/2001 Mandamus Disposed 8/30/2001 SC02-1598 Filed 7/23/2002 All Writs Disposed 3/27/2003
Could any person, Florida Bar member, or lay person, ever imagine the Florida Supreme Court, stating lack ofjurisdiction over the very arm, The Florida Bar, which the Court has total jurisdiction? Certainly such a determination by the Court in 2001 - 2002 was subsequently contradicted by Justices Polston and Canady when they recogmzed the Florida Supreme Court's abdication of its duty to supervise the Florida Bar, m its dissenting opinion, L_iberty_Counsel, et al. v. The Florida Bar Board of Governors, et a_1., Case No. 09-363:
"As the administrative head of the Florida Bar, we simply cannot abdicate our duty to supervise the Bar., See art. V, § 15, Fla. Const. (The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted."); Askew v. Cross Key Waterways, 372 So.2d 913, 920-21 (1979) (explammg that the nondelegation doctrine prohibits the delegation of constitutional functions to others)."
Copyrighted Reg. #TXu1-785-263 It is against this backdrop, and the Florida Supreme Court's abdication of its duties to control the Florida Bar, which I have been bringing to the Court's attention for at least 15 years, that has finally evolved into the 'CRISIS' which has befallen the judiciary, to the detriment of the public-at-large. Most certainly such 'CRISIS' would have been avoided, and never materialized, had the Florida Supreme Court recognized and upheld the Fourteenth Amendment to the United States Constitution, and my inalienable guaranteed due process rights.
The willful blindness continued when I filed an Amicus on behalf ofNonnan's and Baron's present attorney, Mary Alice Gwynn, with the Florida Supreme Court, during the Bar's unlawful pursuit of her license, The Florida Bar v. Mary Alice Gwynn, SC08-622; Amicus filed on 3/15/2011 - disposed on 4/4/2011. 1 The Amicus detailed the ongoing corruption and due process violations against Ms. Gwynn in the Bar's pursuit, designed to punish Ms. Gwynn for representing my husband, Norman, and Baron's, for coming on board, at the eleventh hour, when Norman and Baron's were abandoned by their attorneys, as explained on Page 14 above.
COUP DE GRÂCE - SUPREME COURT OF FLORIDA
On September 8, 2010, I filed a Petition for Writ of Mandamus in the Supreme Court of Florida for the denial of Constitutional Rights to Due Process, Denial of Equal Access to the Courts, and Violations of the Americans with Disabilities a Lorraine Hoffmann was the Bar's Prosecutor in Mary Alice Gwynn's retaliatory unlawful Bar proceedings. Ms. Hoffinann condoned the denial of all tenets of due process to Ms. Gwynn, covering up transgressions of other "favored" Bar members, lying and misleading the Court during Gwynn's Bar proceedings.
Ironically, at the same time, in two separate and distinct Bar disciplinary matters, The Florida Bar v. Lobasz, Case No.: SC08-1105; The Florida Bar v. Sweeting, Case No.: SC09-1117, Ms. Hoffmann was found to have lied to the Florida Supreme Court, during oral arguments, and subsequently referred to the Bar by Justice Barbara Pariente. The Bar found "no probable cause" against Ms. Hoffmann, overturning Justice Pariente's direct findings. Needless to say Ms. Hoffmann, after 19 years as a Bar prosecutor, disappeared to parts unknown. The Bar overturning 'its boss,' the Florida Supreme Court, or are those roles really reversed?
Copyrighted Reg. #TXu1-785-263 19 Act/Amendments Act, amongst other constitutional violations, committed at the Eleventh Judicial Circuit and the Third District Court ofAppeal:
SC10-1745 Filed 09/08/2010 Mandamus Disposed 09/29/2010
Section V., pages 57 - 61 of the "Binder," Deprivation of Due Process: Supreme Court of Florida: details the Florida Supreme Court's denial of Mandamus relief, TWELVE DAYS before a reply was even due; the Court in its premature, violative denial also stated:
'ANY OTHER MOTIONS OR REQUESTS FOR RELIEF IN THIS CASE ARE HEREBY DENIED'
As stated in Section V. of the "Binder," the three Justices, who were involved in every denial of my constitutional rights to due process of law, for 14 years, regarding each Writ filed, since 2001, were Pariente Lewis and Quince. Yet, most recently on July 9, 2015, in Case No. SC14-1165, In Re: Amendments to Rule Regulating The Florida Bar 1-7.3, these same three Justices, Pariente, Lewis and Quince powerfully and convincingly verbalized sentiments and empathy for a_Il of society to have access to the courts, stating "indeed, it is a fundamental constitutional right."
PARIENTE, J., concurring.
I concur in the majority's decision to deny the petition at this time. I write separately to explain my reasoning for doing so and to emphasize the critical role ofThe Florida Bar in solving the current legal aid crisis.
Access to justice for all Floridians is fundamental to our legal system and our state. Indeed, it is a fundamental constitutional right. (In a footnote cited after this sentence: Article I, section 21, of the Florida Constitution, provides: "The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.") For years, this Court has been on the forefront of efforts to promote equal access to justice, and we must continue to ensure-as our Chief Justice has rightly prioritized-that we provide leadership on this issue.
Copyrighted Reg. #TXu1-785-263 20 LEWIS, J., dissenting.
The access to justice issue in Florida is as wide and deep as the social and economic inequalities within which our society operates. In my view, at least one element absolutely essential to any attempted solution will include access to and the availability of competent counsel to provide legal representation. Directly associated with this element will be support resources to deal with both the complexities and expenses associated with legal matters. There must be ways to fund these needs if we are to move forward.
Using a military metaphor, equal access to justice will require the "boots of lawyers on the ground" and in the trenches to cause "equal access" to become a reality.
Additionally, Justice Lewis, who for years, has expressed and written about the dire need for access to the courts for all the people, especially the disabled, Section X. ofthe "Binder," Access Denied is Justice Denied, didn't see fit to insure that I had access, as, not only a member of society, but also as a disabled member of society.
QUINCE, J., dissenting.
However, in this time of crisis, we would not be remiss in giving The Florida Bar the authority to require lawyers to dig just a little bit deeper to ensure that our courts remain open and accessible to all in need. See art. I, § 21, Fla. Const. ("The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay."). Therefore, I would authorize The Florida Bar to require lawyers to pay up to $100 a year with their Florida Bar renewal.
It so hurts my heart, for I want to believe that Justices Pariente, Lewis and Quince are sincere in their words. I find it difficult to reconcile that these are the same three Justices verbalizing their deep concern, sentiments and empathy, for all of society to have access to the courts, as is guaranteed by the constitution, and yet be the same three justices to have denied me access to my courts, and my due process rights under the Fourteenth Amendment, and would also violate my ADA/ADAAA rights.
The only plausible inference that can be made is: that my filings were never reviewed by any of the Justices; and thus, those Orders never signed by the Justices. The only one who was in such position to do so, with such power to do so, and who
Copyrighted Reg. #TXu1-785-263 21 has been a constant at the Supreme Court of Florida for all the years since I have been asking for relief was Clerk of the Court, Thomas Hall, the "Gatekeeper" for the Florida Bar's interests at the Supreme Court of Florida. 2
In the summer of 2013, Full Court Press publication, Farewell to Tom Hall on his retirement, had two very eerily striking comments from then Chief Justice Ricky Polston, and Justice Barbara Pariente.
Chief Justice Polston: "quickly earned him (Tom Hall) a reputation as a 'go-to' person for the Court and the entire Judicial Branch."
Justice Barbara Pariente: "had the privilege of working with Tom the entire time he served the Supreme Court," wrote: Tom never missed a beat. He just went into high gear!!! During my two years as ChiefJustice we worked very closely together. Tom was never afraid to voice his views and he was always right!!! He has worn so many hats in being the voice of the Court that for some I am sure Tom Hall has become synonymous with the Supreme Court of Florida. Tom will be greatly missed but he deserves a well-earned break!!!" E
See Plymel v. Moore, 770 So.2d 242, 249 (Fla. 1st DCA 2000) (holding that a denial of due process warrants mandamus relief).
2 In my Sworn Declaration, attached hereto, Exhibit '1', this Commission will see just how much unchecked power Clerk Hall had at the Florida Supreme Court, and how he grossly abused that power, causing irreparable harm to me, to mine, and to many others.
3 Justice Pariente claiming Tom Hall was "always right;" and also stating that she was sure Tom Hall's name was synonymous with the Florida Supreme Court; Justice Polston recognizing Hall's reputation as the 'go to' person for the entire judiciary. Those kinds of accolades is troubling for many reasons, which will become more apparent when this Commission realizes just how much power was too much power in the hands of Clerk Hall, and others who have too much power.
Tom Hall's retirement announcement, came at the same time I filed and submitted the "Binder" which included Tom Hall's part in obstructing justice as the "Gatekeeper" Clerk of the Florida Supreme Court.
Copyrighted Reg. #TXu1-785-263 22 WRIT OF MANDAMUS
Where no other adequate remedy exists, mandamus is available to compel a trial court to perform a ministerial act required by law and involving no exercise of discretion. If the judicial decision involves the exercise of some element ofdiscretion, mandamus will not lie. To be entitled to reliefunder the writ of mandamus, the petitioner must, in addition to the requirement of lack of other remedy, establish the existence of a clear legal right on his part and an indisputable legal duty on the part ofthe respondent. The legal right which the petitioner seeks to enforce by mandamus must already be established clearly; mandamus is not a proper remedy to establish the existence of a legal right in the first instance. Mandamus is a writ designed to compel the performance of some ministerial act.
Every aspect ofthe Parameters ofthe granting ofthe Writ of Mandamus completely and unequivocally applies, with the greatest force and effect to our case. Therefore, I incorporate by reference of the Sworn contents herein, the Sworn Declaration attached hereto, Exhibit '1'; the "Binder," - Verified Motion to Vacate Orders as VOID, et al., Exhibit '2'; the Rule of Law, Federal and Florida Statutes, Code of Judicial Conduct, Rules Regulating the Florida Bar, Americans with Disabilities Act/Amendments Act and the Constitutions of the United States of America and the State of Florida, which forms the legal and factual basis, for this document to also serve and be considered a "Petition for Writ of Mandamus" H to compel Chief Justice Jorge Labarga, or any Officer of the Court he so assigns, or Governor Rick Scott, or Attorney General Pam Bondi to VACATE the VOID orders entered in Case No. 99-21062 CA 22, Norman Lanson, Meryl M. Lanson, Baron's Stores, Inc. v. Ronald Kopplow, Kopplow & Flynn, Marc Cooper, Cooper & Wolfe, P.A., and Sonya L. Salkin, Malnik & Salkin, P.A.:
H The Writ of Mandamus should have issued each time it was filed, submitted and paid for, and certainly in September, 2010, for constitutional violations to due process of law. The premature violative denial of that Mandamus, renders that Order, VOID as well. Five additional years taken from our lives; those five years causing us medical, physical, emotional and financial damages beyond comprehension, which should never have occurred. We will never be made whole, for what the Courts have done to us. But, the beginning ofthe cure must start with the Chief Justice and/or the Governor and/or the Attorney General to do what they are empowered to do; what the law requires them to do, and do so on an Emergency basis.
Copyrighted Reg. #TXu1-785-263 23 AS A MATTER OF GREAT PUBLIC INTEREST AND IMPORTANCE AND AS AN EMERGENCY MATTER OF LIFE AND DEATH
I respectfully request that a Trial on Compensatory Damages be held on an Emergency basis.
I respectfully request that a Trial on Punitive Damages be held on an Emergency basis.
AT THE CONCLUSION OF THOSE TRIALS, THE FINANCIAL 'CRISIS' FOR MY HUSBAND AND I WILL COME TO AN END AND THE 'CRISIS' FOR ALL OF SOCIETY ACCESSING CIVIL JUSTICE IN FLORIDA COURTS WILL ALSO COME TO AN END
AS STATED ABOVE (page 14)
IT WAS NEVER JUST ABOUT THE MONEY
FOR:
ON BEHALF OF NORMAN LANSON, BARON'S STORES INC. AND MYSELF, ATTACHED AS EXHIBIT '4' IS A SWORN DECLARATION DONATING THE TOTAL AMOUNT, ALL, OF THE PUNITIVE DAMAGES OWED TO NORMAN LANSON, MERYL M. LANSON AND BARON'S
AS THE INITIAL RESOURCES TO END THE 'CRISIS'
AND MY PROMISE THAT:
LANSONS' LEGAL 'VICTOR' ASSISTANCE PROGRAM WILL WORK TOGETHER WITH FLORIDA GOVERNMENT TO INSURE ACCESS TO CIVIL JUSTICE FOR 'ALL' SOCIETY
Your Honor, ChiefJustice Jorge Labarga, I reiterate the words ofJustice Pariente in her concurring opinion in Case No.: SC14-1165, In Re: Amendments to Rule Regulating the Florida Bar 1-7.3, but not in the exact sequence.
Copyrighted Reg. #TXu1-785-263 24 "I commend the Chief Justice for the creation of the Florida Commission on Access to Civil Justice and his laudable efforts to bring the govermnental and business connnunities together to consider holistic solutions regarding the access to justice issue, in order to assist all individuals for whom legal services have become unaffordable. But the important work of that Commission is not, standing alone, the reason I join the majority in rejecting this proposal. In concurring, however, I urge that the Bar work with the Petitioners to devise some alternative, creative solutions to the immediate crisis while the Commission on Access to Civil Justice undertakes its analysis and recommends long-term solutions to address this issue in a comprehensive way. Although addressing the current crisis will require broad-based solutions, the pivotal role of The Florida Bar cannot be understated.
In order for this justice system to maintain credibility, we realize that it must be available and affordable to all segments of society. There are people in need of legal services who are unable to pay for those services. All persons, however, should have the opportunity of obtaining effective legal services and should have meaningful access to the courts. The legal profession and this Court have recognized that fact in Ethical Consideration 2-25, Code of Professional Responsibility:
That brings us to today, almost two decades later, when once again the issue has been presented to this Court through a petition filed by exemplary members of The Florida Bar, rather than by the Bar itself, which opposes any increase in the annual dues to fund legal aid services. But as the history of this issue demonstrates, going forward, it is essential that the Bar play a leading role in solving the current crisis.
As this Court has previously noted, "this is not a problem with a simple solution," but "a solution is necessary ifourjustice system is to be accessible for all segments of society." In re Amends. to Rules Reg. Fla. Bar, 598 So. 2d at 42. Because of "the unique and important role" lawyers play "in protecting individual rights," id., the Bar must work diligently to ensure that equal access to justice is a reality for all Floridians, rather than simply an aspiration.
The people most seriously affected by this Court's actions today are precisely the ones who were not present-the people who can least afford an
Copyrighted Reg. #TXu1-785-263 25 attorney and thus can ill afford to appear before us to argue their side of this issue. These are the people that, because of the economic realities of our legal system, effectively have been excluded from the same level of legal services available to the more affluent residents of Florida.
We do reiterate, however, that this Court, as the administrative head of the judicial branch, has the responsibility to ensure that access to the courts is provided for al segments of our society.
Lawyers have been granted a special boon by the State of Florida-they in effect have a monopoly on the public justice system. H
Finally, I once again thank our Chief Justice for being on the front lines of providing the necessary leadership, never missing an opportunity to advocate and promote public awareness of this critical issue.
In closing, Chief Justice Jorge Labarga:
The first article I read subsequent to your forming the Commission on Access to Civil Justice was more heartfelt than you could ever imagine. You spoke about the couple coming into court with a folder going up against a well-suited lawyer, and the fact that, although they had a good case, you couldn't come off the bench to give them legal advice to help them, even though you so wanted to.
With all due respect for your genuine and noble intentions, how could Your Honor ever expect, whether it be Mr. and Mrs. Chang, Gomez, Jones, Leoni, O'Reilly, Schwartz, or Shah, to ever be able to obtain access to civil justice in Florida? For, with all the resources that my husband, Norman, our wholly owned corporation Baron's, and I had, even being represented, by the so called 'Florida's legal elite,' WE have been denied access to justice in Florida for more than TWO DECADES.
H It is exactly that "special boon - monopoly" that must end, for it has been that abuse which is totally responsible for both 'CRISIS' When a system is "broken," as so stated by former Bar President Coleman, current Bar President Abadin, and the Justices of the Florida Supreme Court, the Chief Justice in particular, it cannot be "fixed" using the same old parts. New parts, new visions, must be brought in, and that is what I, along with my non-profit foundation, and Florida government, the judiciary included, will, not only aim to achieve, but will be Victorious in doing so. That is my solemn pledge.
Copyrighted Reg. #TXu1-785-263 26 I stand before you, and the Commission, and pledge, reaffinn and reallege everything contained herein, and Exhibits thereto, and solemnly promise that I and my non-profit foundation will work with this Commission, and Florida government, to insure that:
ACCESS TO CIVIL JUSTICE IS HERE TO STAY FOR ALL!
SO HELP ME GOD.
Under penalties ofperjury, I declare that I have read the foregoing and that the facts contained therein are true.
Signed: M Zam* Date: 08/28/2015 mmi. Mer M. Lanson August 28, 2015
Meryl M. Lanson 905 North Harbor City Boulevard Melbourne, Florida 32935
Tel.: 321-622-8592 Fax.: 321-622-8593 e-mail: [email protected]
Enclosures:
EXHIBITS: '1' Sworn Declaration of Meryl M. Lanson (Who Knew What When); '2' "Binder" - Verified Motion to Vacate VOID, and Preface; '2(a)' Exhibits to Verified Motion to Vacate VOID Orders; '3' Letter from Dr. Karin Huffer, with C.V.; '4' Sworn Declaration of Meryl M. Lanson - Punitive Damages.
Copyrighted Reg. #TXu1-785-263 27 October 7, 2015 ELECTRONIC MAIL
Dear Chief Justice Jorge Labarga and Honorable Members on the Florida Commission on Access to Civil Justice:
First and foremost, my prayers were with the Chief Justice even before his cancer diagnosis. I am delighted and relieved to hear his prognosis is excellent. God Bless.
I trust that this communication will find its way directly to each ofyou, and will not be thwarted by yet another "Gatekeeper."
In my August 30th e-mail, I promised that I would try my hardest to provide Exhibits 'l' and '4' of my August 28th letter, within 48-hours; Exhibits '2,' '2a,' and '3' were provided to you on August 30°'. I take tremendous pride that my word is my honor. It is with profound sadness that I did not fulfill that promise to the Chief Justice and the Members ofthis Commission. Please note that my promise has been delayed by the events that took place when I received instructions from the Commission's Administrator, Francisco Digon-Greer, and by the telephone conversation I had with ChiefJustice Labarga's Judicial Assistant, B J Vickers. Rest assured, Exhibits '1' and '4' will be provided soon.
Attached to this e-mail - are the e-mail communications from September 1st to September 3rd between Mr. Digon-Greer and me, as well as the September 3rd e- mail, memorializing the telephone conversation I had with BJ Vickers; sent to Ms. Vickers that very same day.
Please correct me ifI am wrong, as a citizen, relying on the intent ofthe ChiefJustice when he created the Florida Commission on Access to Civil Justice, and selected its esteemed members.
Your main purpose is to:
a) identify the barriers to accessing civil justice; b) fix what has been defined as a "broken system;" and c) obtain the resources so that all of society can access civil justice.
I outlined, with specificity, and verified evidentiary support, the barrier to accessing civil justice - The Florida Bar. I was not shy in my words; TRUTH, swearing to the facts. And, now, the Administrator of this Commission, Francisco Digon-Greer, a Florida Bar member; a paid employee of the Florida Bar, has advised me to no
1 longer communicate directly with the Members on this Commission, whose e- mail addresses he provided for such purpose, back in May, 2015. It is obvious that, after Mr. Digon-Greer read the contents of my submissions, my sworn to submissions, he advised me to stop corresponding to the Commission members, and instead do so directly with him, for his determination, as the Commission's Administrator, as to what gets disseminated to the Chief Justice, Commission Members and Sub-committees.
The public is of the belief, relying on the words of the Chief Justice, as reported by various media outlets, watching the press conference, as well as signed Orders, that the purpose of the Commission is to identify the Barriers to Accessing Civil Justice, which has reached 'CRISIS' levels. With all the good intentions behind this movement, Your Administrator, the Bar's employee, through his instructions, has now become just one more "Gatekeeper" in this entire mess. Mr. Digon-Greer has now provided more proof, further confirming what I have submitted to you, under the penalty ofperjury, so help me God.
Mr. Digon-Greer, is attempting to thwart direct access to the Commission Members by deciding what information gets disseminated, not the least of which is also his attempt to thwart what must be seen by the eyes of ChiefJustice Jorge Labarga, the Founder of this Commission, who made this the centerpiece of his reign.
Was there something in my August 28* cover letter that wasn't crystal clear about the greatest barrier to civil justice being The Florida Bar?
Infuriated by Mr. Digon-Greer's instructions on how I should proceed in the future, I immediately contacted the Chief Justice's Judicial Assistant, BJ Vickers, to confirm that Chief Justice Labarga was in receipt of the documents I submitted, as that is exactly what she promised would be done when I spoke to her initially on May 4, 2015. You could only imagine the ire that I was experiencing when Ms. Vickers told me: "the documents were received but No, Chief Justice Labarga has not seen them yet." When I asked her why, she responded "that it had to go through a process first," refusing to let me know what that process was and who was controlling such a process. I reminded Ms. Vickers that my documents were a Matter of Great Public Importance and a Matter of Life and Death I that the
1 The details of the Matter of Life and Death will be forthcoming as well. In the meantime, know that every passing day that justice has been denied my husband, while he is fighting for his life, prevented from the necessary procedures to ease his pain and provide quality of whatever life remains, is replete in the court records, 2 Chief Justice needed to be aware of immediately. At that time, six days had passed since those documents were received by the Court, to the attention of the Chief Justice, and he still did not receive them. I pressed Ms. Vickers for the name(s) of the person(s) who intercepted my documents addressed to the Chief Justice. Refusing to give me any answers, she told me "thank you for calling and have a nice day," and then hung up the telephone.
To add insult to injury, Mr. Digon-Greer stated to me:
"Be advised that the Commission cannot become involved in or review individual cases, provide legal representation or assistance, or advise individuals about how to proceed."
The question I pose to each Member on this Commission, after you read my August 28th letter, and Exhibits:
Did any of you on Florida's Commission on Access to Civil Justice come to a conclusion that I was asking you to become involved in my case, review my case or provide legal representation or assistance to me on how to proceed? I hope that the answer is a resounding NQ.
For, as I see it, as you all should, I was the one who was providing the law, the statutes, the rules, the inalienable rights guaranteed to every citizen, under the Constitution(s). But, since Mr. Digon-Greer was so inappropriately bold in his attempt to bully me, is it far-fetched for me to have an understanding that at a minimum the 23 Members on this Commission, who are Florida Bar members, attorneys and/or judges, have an absolute duty to abide by the Rules Regulating the Florida Bar, including but not limited to:
4 RULES OF PROFESSIONAL CONDUCT 4-8 MAINTAINING THE INTEGRITY OF THE PROFESSION RULE 4-8.3 REPORTING PROFESSIONAL MISCONDUCT
(a) Reporting Misconduct of Other Lawyers. A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or writings and videos, forced to do so, while "the powers that be" even violated his and my HIPAA rights, which we still do not waive.
3 fitness as a lawyer in other respects shall inform the appropriate professional authority.
(b) Reporting Misconduct of Judges. A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority. 2
On July 9, 2015, The Florida Supreme Court issued its ruling - SC14-1165, In Re: Amendments to Rules Regulating The Florida Bar 1-7.3:
Justice Pariente, in her concurrence, denying the Petition, at page 19, referred to a decision by the Florida Supreme Court, more than two decades earlier, In re Amends. to Rules Reg. Fla. Bar 1-3.1(a) & Rules ofJud. Admin. 2.065 (Legal Aid), 598 So. 2d 41, 41-42 (Fla. 1992) emphasizing the then-dissent of Justices Barkett and Kogan, which Justice Pariente describes as eloquently stated:
Justice Kogan's reasoning and words were profound, and now, because of what I have brought to your attention must no longer be ignored:
"The diversity of views is striking, particularly because some of the same views, from some of the same people, still endure over two decades later.
This Court ultimately rejected the call for the mandatory obligation to provide legal aid services or to contribute $350, over the dissent of Justices Barkett and Kogan. Id. at 44. For his part, Justice Kogan eloquently observed:
In a very real sense, the present case involves many more people than just the privileged group of lawyers, legal scholars, and Bar officers who actually prepared and argued this cause. The people most seriously
2 On the Florida Supreme Court's website at www.floridasupremecourt.org, the Code of Judicial Conduct is cited, and stated therein the word "shall" is intended to impose binding obligations.
Black's Law Dictionary: Deluxe Seventh Edition: "shall": Has a duty to; more broadly, is required to.
4 affected by this Court's actions today are precisely the ones who were not present-the people who can least afford an attorney and thus can ill afford to appear before us to argue their side of this issue. These are the people that, because of the economic realities of our legal system, effectively have been excluded from the same level of legal services available to the more affluent residents of Florida.
These dispossessed people are everywhere in our society. They include the abused, neglected, or abandoned children who too often become mere pawns ofa legal process they certainly lack the skills to comprehend. They include the divorcing wife systematically denied a voice in a legal system that too often favors the divorcing husband's interests, because he too often is the one who holds the purse strings. They include the impoverished minorities unable to find legal representation because they are unable to pay even the most minimal fees charged by lawyers. They include the elderly on fixed incomes who cannot afford the cost of the legal services they need-even simple services such as planning for illness or drafting a will. The dispossessed include the mentally and physically disabled, whose conditions often have stripped them of the wherewithal necessary to obtain legal advice.
Id. at 56 (Kogan, J., concurring in part and dissenting in part) (footnotes omitted)."
In my August 28, 2015 letter to this Commission, I spoke about the fact that how could the Chief Justice or this Commission ever expect anyone to get access to the courts, using a range of ethnic names to get my point across, culminating with the fact that Norman, Baron's and I, once "affluent residents of Florida" have been denied access to our courts for more than two decades. As a matter of fact, our nightmare began at almost the exact time, of Justice Kogan imparting such eloquent words:
"With all due respect for your genuine and noble intentions, how could Your Honor ever expect, whether it be Mr. and Mrs. Chang, Gomez, Jones, Leoni, O'Reilly, Schwartz, or Shah, to ever be able to obtain access to civil justice in Florida? For, with all the resources that my husband, Norman, our wholly owned corporation Baron's, and I had, even being represented, by the so called 'Florida's legal elite,' WE have been denied access to justice in Florida for more than TWO DECADES." (8/28 letter to Florida Commission on Access to Civil Justice, at page 26.
5 Again, to reiterate, I never asked nor do I desire representation from any person on this Commission. But, as Commission members, are you not seeking the answers as to what the barriers to justice are, and thus, do you not want to hear the personal stories of those who were denied access because ofthe barriers placed before them?
Certainly Justice Kogan was cognizant of the fact that "the people most seriously affected by this Court's actions today are precisely the ones who were not present." One must realize the sympathy Justice Kogan had for those who were unable to plead their case before the Court who were affected by the system.
I AM THAT ONE I REPRESENT THE PEOPLE WHOSE VOICES CANNOT BE HEARD FOR, IF I WAS DENIED THE RIGHT TO BE HEARD, HOW ON EARTH IN GOD'S NAME DOES ANY OTHER INDIVIDUAL STAND A CHANCE? I have shared my story with this Commission, not to garner legal help, that was never nor would it be my intent. I was propelled to present to you the magnitude of the problem which is a 'CRISIS'; to enlighten you to the TRUTH, and to offer you the breadth and depths ofmy experience, my knowledge, at no cost to you, but in hopes of sparing the public, even if it is just one at a time, the devastation intentionally pounded upon me and mine, being used as sport by those sworn to protect. I am the Outsider who needs to have a place on this Commission, who brings to the table, not only viable concrete solutions, a Plan, on behalfofthe public-at-large, but also the financial resources to end this 'CRISIS'. Exhibit '4' is forthcoming. I am the Outsider who will shed light on this travesty, so that maybe you can all start seeing the forest for the trees; the culprit being The Florida Bar. Am I the only one seeing a conflict of interest here, when the Administrator, disseminating all submissions to this Commission, is none other than a paid employee of The Florida Bar, whose loyalties, at a minimum, must be brought into question? Certainly, support for that hypothesis is the fact that after looking into "Pandora's Box," reading the contents, Mr. Digon-Greer did an about face by advising me to no longer have direct contact with the Commission members. Mr. Digon-Greer has yet to confirm that all of the Commission members are in receipt ofmy submissions. In fact, the e-mail addresses for Attorney General Bondi and CFO Atwater are terribly insufficient, as my submissions were bounced back.
6 When I brought that up to Mr. Digon-Greer, advising him to suggest that a specific e-mail address should be afforded all Commission members, he rejected it. It is up to each Commission member to insure that every other Commission member is in receipt of my submissions. Haven't you noticed the country rejecting the establishment and embracing Outsiders? That is not the attention I seek. Ifthat was the case I would have already released these documents to the Media, but have not done so, waiting for the moment when "we" can do that together on behalf of "all" society, in the same spirit that Chief Justice Labarga expressed when he said: All three branches of government can work together for the common good, and that it can be done. The country wants Outsiders to lead because they don't trust the establishment. I am an Outsider who is all too privy to the workings of the Insiders. I have the utmost faith that the people, the stakeholders, will support my efforts, as I maintain the same faith that you, Commission Members, will welcome me with open arms. I want TRUTH be told; what is ours back, and that my fellow citizens, my fellow warriors, be spared having to live under the torment and torture of legal and judicial tyranny like we have, culminating in our life and death existence. For more than two decades I have been the David fighting for constitutional rights for me, for mine for all against a Goliath; remaining legally viable, never being sued or sanctioned for what I have said, for I speak the Truth, and only the Truth, so help me God.
One week after Chief Justice Labarga signed Administrative Order AOSC 14-65, forming this Commission, he signed Administrative Order AOSC 14-66: DILIGENT PERFORMANCE OF JUDICIAL DUTIES, putting "teeth" into "Maintaining the Integrity of the Profession by Reporting Professional Misconduct ofLawyers and Judges."
To reiterate, once again, I do not want any legal representation, nor counsel, nor review of my case from anyone on this Commission. But, is it not your obligation to insure that Access to Civil Justice for all society, is a constitutional right, and that you will do whatever you must, under the law, to insure that end result? I have provided you with the starting point. The Exhibits which are forthcoming will give you all the ammunition you need to insure that result on behalf of the public you serve; that I promise. You will then have the resources to put money where your mouths are; that I promise too.
7 Attached as an Exhibit herein is my Formal Sworn Complaint for the Impeachment of Eleventh Judicial Circuit Court Judge, Jeri Beth Cohen accompanied by Exhibits. This Formal Sworn document was submitted to then- Speaker of the House, Will Weatherford, on December 9, 2013, via his General Counsel Daniel Nordby, a Florida Bar member. The conversation I had with Mr. Nordby will be elaborated on in Exhibit '1', forthcoming: My Sworn Declaration of the "Gatekeepers" to Accessing Justice in Florida courts. No surprise, that in all this time I still have not been contacted by the Speaker of the House, nor anyone from the Legislature.
I implore each ofyou to read the unrefuted facts as to what Eleventh Judicial Circuit Court Judge, Jeri Beth Cohen did in our case. This is unconscionable to say the least: crimes committed by a Florida Judge to such a degree that the only garb she should be wearing is an Orange jumpsuit, and yet it is a Black robe on the bench which she still is cloaked with, to the incredible detriment ofthe unsuspecting public.
With regard to Exhibit '4', which will also be provided, as my intent remains the same, with some adjustments, solely as a result of the actions of this Commission's Administrator, Digon-Greer and BJ Vickers' breach of her promise to me, and her failure to provide the ChiefJustice with my documents at the time they were received - August 28th and August 30th
On November 24, 2014, I watched, listened and applauded the press conference of Chief Justice Labarga at the Florida Supreme Court. He passionately spoke about a broken civil justice system, and the majority of Florida residents who have been denied access to our taxpayer funded courts. I watched as he signed Administrative Order 14-65, forming the Florida Commission on Access to Civil Justice. He focused mainly on the poor and the middle class. I then read every article I could find with hope and excitement, as the ChiefJustice's commitment and passion in this endeavor was clearly evident.
2 Eleventh Judicial Circuit Court Chief Judge Bertila Soto, a member of this Commission, was provided with the Sworn Impeachment on April 7th and 14th, 2015; submitted as a result ofthe directive ofChiefJustice Labarga's Administrative Order 14-66. Chief Judge Soto has done nothing but continue to cover-up for her judges, in contempt of Chief Justice Labarga's Administrative Order, obstructing justice even further. Those documents and the proof of the "contempt" will be made part and parcel to Exhibit '1' forthcoming.
8 After more than twenty years of living under judicial tyranny, the legal nightmare that you are all aware of now, fighting for justice for me, for mine, for Baron's for ALL, at irreparable expense, the light at the end of that dark tunnel began to shine through. A hero for the people, Chief Justice Jorge Labarga, made his presence known when he signed Administrative Order 14-65, promising to make Access to Civil Justice the centerpiece of his two year stint as the Chief Justice. I believed every word the ChiefJustice said, and more important, I believed that he believed it too.
Just one week later, on December 1, 2014, Chief Justice Labarga signed Administrative Order 14-66, Diligent Performance of Judicial Duties, putting teeth into a Rule that has been in place a long time, but, for the most part completely ignored by the judiciary. Finally, a Chief Justice who gets it; who knows what's been going on in Florida's courts, and whose not going to take it anymore. Wow! Could it be that there is such a jurist? As a woman of faith, I say YES!!!
With all due respect to the Chief Justice and the Honorable Members on this Commission: Why are you continuing to try and figure out how the public, all of society, can get access to civil justice in Florida when I am telling you the reasons why they are not getting access to civil justice. You say the system is broken and in crisis; I agree and have provided you with the roadmap to fix the system, even guaranteeing the resources to do so, which will be outlined in Exhibit '4' forthcoming.
The Rules are perfect, the law impeccable. It is the fact they are ignored, the perps not being held to account, because of the "special boon" the legal profession possesses. You must understand, appreciate my efforts, in this endeavor. I want you to really take a step back and ponder that I am doing this all alone, with the help of not one attorney, no one. My own medical challenges have been brought to your attention while being the full time caretaker for my elderly disabled very sick husband, who is being denied his rights to live because he can't afford the procedures necessary to make that happen, as you continue to look the other way. In my "Binder," Exhibit '2' already in yourpossession, Section X. - Access Denied is Justice Denied: I cited to Florida Supreme Court Justice R. Fred Lewis, who has
9 expressed for years the dire need for access to the courts for all the people, especially the disabled. To paraphrase Justice Lewis who recognizes "ACCESS FOR ALL:" You promise justice, but you have denied me access. You promise equality, but you have denied me access. You promise fairness, but you have denied me access. I don't want your sympathy. I don't want your pity. I just wanted equal, uninterrupted access to my court of law, as provided by the Constitution.
The official motto "seal" set into the floor immediately beneath the Florida Supreme Court rotunda is the Latin phrase Sat Cito Si Recte (pronounced as saht see-to see rayk- tay), which means "Soon enough if done rightly." The phrase indicates the importance of taking the time necessary to achieve true justice.
I have been drafting and will be filing my Petition for Writ of Mandamus at the Florida Supreme Court, as soon as humanly possible to complete and submit. I make a solemn promise that it will be a Writ of Mandamus, the likes of which you have never seen, in hopes that you will never see the likes of such again. ITISALLABOUTACCESS
Under penalties ofperjury, I declare that I have read the foregoing and that the facts contained therein are true.
]ti. /--anwn Signed: Date: 10m2015 Meryl M. Lanson October 7, 2015
Meryl M. Lanson 905 North Harbor City Boulevard Melbourne, Florida 32935
Tel.: 321-622-8592 Fax.: 321-622-8593 E-mail: [email protected]
Enclosures: E-mails: Francisco Digon-Greer, B J Vickers Sworn Petition for the Impeachment of Judge Jeri Beth Cohen
10 EXHIBIT '4' DONATING PUNITIVE DAMAGES
Each member of The Florida Commission on Access to Civil Justice has now in hand my Sworn Correspondence of August 27, 2015; October 7, 2015 and December 31, 2015, including all referenced Exhibits; irrefutable evidentiary support of the unconscionable scheme orchestrated and carried out by Officers of the Court, all members of The Florida Bar. Complicit in the scheme is the Bar's legal malpractice insurance carrier, Florida Lawyers Mutual Insurance Company; a mutual insurance company created/owned/operated by its insured members.
I trust that each and every member on this Commission has now come to the realization that the Number One "Barrier to Accessing Civil Justice" is: THE FLORIDA BAR
The compensatory damages which my husband, Norman Lanson, and I, Meryl M. Lanson, have suffered has been provided to the defendants, and their legal representatives, and Florida Lawyers Mutual Insurance Company, and the other culpable insurance companies, in Case No. 99-21062 CA 22, Norman Lanson, Meryl M. Lanson, Baron's Stores, Inc. v. Ronald Kopplow, Kopplow & Flynn, Marc Cooper, Cooper & Wolfe, P.A., and Sonya L. Salkin, Malnik & Salkin, P.A. 1 Baron's Stores, Inc.'s damages have yet to be calculated.
1 In addition, there is a collateral case against attorneys, Justus W. Reid, Peter M. Bernhardt and Mark R. Osherow, three attorneys who were regularly employed by Norman Lanson, Meryl M. Lanson and Baron's Stores, Inc. for many years, Case No. 06-09516 CA 22, Norman Lanson, Meryl M. Lanson and Baron's Stores, Inc. v. Justus W. Reid, Justus W. Reid, P.A., Mark R. Osherow, Mark R. Osherow, P.A., and Peter Bernhardt, Reid, Metzger & Bernhardt, P.A. These three attorneys were retained to pursue the legal malpractice lawsuit against Kopplow, Cooper and Salkin. Rather than uphold their legal and ethical obligations, attorneys Reid, Osherow and Bernhardt corruptly sold out their clients' (Norman Lanson, Meryl M. Lanson and Baron's Stores, Inc.) interests to the other side, causing further irreparable damages; damages that they knew all too well, since they were
1 Attached herein, is:
a) "Fiske" calculations for Norman and Meryl Lanson's Compensatory Damages; and
b) "Fiske" calculations for Norman Lanson's Reputation Damages.
Fiske's calculations include statutory interest, and punitive damages as of July 13, 2015; those amounts/calculations will be updated.
c) Florida Statutes 768.72 and 768.73. The facts of this case, pursuant to Florida Statutes 768.72 warrants the harshest ofpunitive damages under the law. And although, Fiske's calculations reflect three times (3x) the compensatory for punitive, in accordance with Florida Statutes 768.73, under these circumstances: "there shall be no cap on punitive damages."
d) Insurance information chart, which is not complete, but a work in progress, considering there most definitely are other culpable parties, whose insurance information has yet to be garnered.
the attorneys who also provided the Damage Reports to the Kopplow, Cooper and Salkin defendants, and their counsels. The damage reports were prepared and issued at the instructions of Reid, Osherow and Bernhardt - the "Fiske Report." The compensatory damages in the "Fiske Report" are those belonging to Norman Lanson and Meryl M. Lanson, individually. Baron's Stores, Inc.'s damages have yet to be calculated. But, please be advised that the defendants, Kopplow, Cooper and Salkin never retained their own experts and never refuted the damages or the "Fiske Report." They didn't have to; all they had to do, which they did, was "FIX" the case. Additionally, Reid, Osherow and Bernhardt have been using the VOID orders to defend their own negligence. That is a danger that the Florida Supreme Court must deal with immediately, as no Florida judge wants to vacate VOID orders, despite the fact that doing so is a non-discretionary duty; the reason being, specifically, in our case is obvious. They do not want to "piss off" the Florida Bar, who controls their license and their livelihood.
2 In the "Binder" Section XII, Relief Requested, submitted to all three branches of government on June 3, 2013, my intent, my desire was made perfectly clear, as I described the punitive damages: "as riddled with the blood sucked out ofher, her family, and her business by vultures. Therefore, to help in Movant's desire that such a situation never happen again to another individual, family or business, Movant will spearhead the efforts, using the total punitive damages allocated as follows: (Eight charities and/or foundations and/or entities were named) As noted, on page 85 of the "Binder" the first five causes all relate to accessing justice. MY SWORN PROMISE WAS MADE BEFORE THIS COMMISSION WAS EVER CREATED AND BEFORE THE 'CRISIS' THAT PLAGUES FLORIDA'S JUDICIARY AND ITS CITIZENS BECAME PUBLIC KNOWLEGE
My faith is everything to me. God is Number One in my life, before anything, anyone. My faith is what has sustained me for all these years, sacrificing more than any person should have to, especially at the hands of the very people/entities who should be protecting lives, not destroying them. Nevertheless, each and every obstacle made me stronger, and closer to God. I knew He put me in this position because He knew that I would never quit my pursuit for JUSTICE for TRUTH.
"And we know that all things work together for good to those who love God, to those who are called according to His purpose. For whom He foreknew, He also predestined to be conformed to the image of His Son, that He might be the firstborn among many brethren. Moreover whom He predestined, these He also called; whom He called, these He also justified; and whom He justified, these He also glorified. What then shall we say to these things?
If God is for us, who can be against us?" Romans 8:28-31
To that end, once again, it is my solemn promise, which I swear, under the penalty of perjury, so help me God, that I, Meryl M. Lanson, myself, and on behalf of my husband, Norman Lanson, and our wholly owned corporation, Baron's Stores, Inc.,
3 will be donating ALL ofthe punitive damages to our charitable foundation, ofwhich 80% will be used so that ALL citizens constitutional rights to access civil justice will be now and forever more, starting here, in my state of Florida.
The remaining 20% will be used for charitable purposes of my choosing.
To illustrate, what I am bringing to the attention of this Commission:
As you can see from the "Fiske" calculations, the Punitive Damages that will be donated to insure access to civil justice for all is $142,716,876.00 which is 80% of $178,396,095.00. Again, bearing in mind that:
a. These calculations are as of July 13, 2015, and need to be updated; b. These calculations are based on 3x compensatory damages, when under these factual circumstances and Florida statutes, there should be n_o cap on the punitive damages; c. Baron's Stores, Inc.'s damages have yet to be calculated, and d. Depending on what the final settlement and or damage trial will be, those numbers will be adjusted accordingly. I say damage trial because under the factual circumstances of this case, and legal precedent, ALL of the "bad guys" have forfeited their rights to defend.
KARMA
For every action there will always be a reaction. Your thoughts and actions are powerful. They carry energy. They are like an echo. We have all taken a different path in life but somehow we are all linked. Whatever you do will always come back to you.
Your thoughts and feelings shape the world within you. Your words and actions shape the world around you. You are constantly changing your world, little by little.
Karma is powerful. Don't hurt anyone. Be good and do good.
It is true Karma, Poetic Justice, that the individuals and entities who are responsible for orchestrating and carrying out this unconscionable scheme, intentionally causing unimaginable damages; decades ofproductive lives derailed, years never to be lived again. And why? GREED - worshipping money rather than God.
4 These are the individuals and entities who MUST finally pay for their unsurpassed transgressions.
I will be filing Motions at the Florida Supreme Court. But, in closing, in the meantime, I respectfully request that:
ChiefJustice Labarga, as the head ofFlorida's entire judiciary, and as the Chairman, and Founder of Florida's Commission on Access to Civil Justice, I believe it is within your jurisdiction and the other Justices to sua sponte vacate the September 8, 2010 Petition for Writ of Mandamus as it was fraudulently obtained, and done so in violation of my inalienable rights to Due Process of Law, guaranteed under the United States and Florida Constitutions.
IT WAS ALL ABOUT ACCESSING CIVIL JUSTICE
That is the very least the Justices of The Florida Supreme Court can do to begin our healing and allowing us to live the remainder ofour days in peace, and with purpose, which you have a duty to insure under the inalienable rights guaranteed us all under the United States and Florida Constitutions. *
Under penalties ofperjury, I declare that I have read the foregoing and that the facts and promises contained therein are true, so help me God.
Signed: Date: 1/3/2016 Mer M. Lanson January 3, 2016
Meryl M. Lanson 905 North Harbor City Boulevard Melbourne, Florida 32935
Tel.: 321-622-8592 Fax.: 321-622-8593 E-mail: [email protected]
Enclosures: "Fiske" damage calculations; Florida Statutes 768.72 and Florida Statutes 768.73 Insurance Information Chart (work in progress)
s March 29, 2016 Dear Governor Scott, Chief Justice Labarga, Justice Pariente, Justice Lewis, Justice Quince, Justice Canady, Justice Polston, and Justice Perry; Attorney General Bondi; ChiefFinancial Officer Atwater and the Honorable R. Alexander Acosta: cc: All Members - The Florida Commission on Access to Civil Justice.
This is in furtherance to my January 28, 2016 letter to the Florida Commission on Access to Civil Justice, specifically regarding my inalienable constitutional rights to due process of law, guaranteed every citizen, and further enhanced by the guarantees, as a disabled litigant, pursuant to Title II of the Americans with Disabilities Act, Tennessee v. Lane, 541 U.S. 509 (2004).
As the Chief Executive Officer of the State of Florida, Governor Scott is a direct recipient of this communication. In the same vein, all of the Justices of the Florida Supreme Court are direct recipients. In that regard, and because of the extreme gravity ofthis matter, I trust that ChiefJustice Labarga has already provided Justices: Pariente, Lewis, Quince, Canady, Polston and Perry, with copies of all the filings I have submitted, to date.
This case - this matter is all about my/our guaranteed inalienable rights under the Constitution(s), and [each of] your absolute duty to uphold the Constitution(s) and insure that my/our guaranteed inalienable rights are granted.
United States Constitution Fourteenth Amendment - Section V. Due Process Clause
The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels ofAmerican government must operate within the law ("legality") and provide fair procedures.
1 Florida Constitution:
We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.
Article V: Judiciary Article I: Declaration of Rights
SECTION 21. Access to courts.-The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.
Title II of the Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 337, 42 U. S. C. §§12131-12165:
provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity." §12132, Tennessee v. Lane, 541 U.S. 509 (2004).
Florida Supreme Court Justice R. Fred Lewis: who has expressed for years the dire need for access to the courts for all the people, especially the disabled gave a speech many times over, and I quote:
"It's been more than a decade since the Office of the State Court Administrator surveyed Florida's court facilities, programs, and services to see if they are accessible to persons with disabilities. And now is the time to engage in a comprehensive survey to determine where we fall short. Out of necessity, this must be done on a cooperative, collaborative effort, because the facilities are controlled by the counties. I believe it's in the best interest of not only the judicial branch, but also in the best interest of each community that they serve everyone in their communities. I do think that we're all on the same page. I think we all have the same desires. That's why I say we need
2 to work together at the local level to give access for all Floridians. We serve everyone. We don't exist for each other. We don't for judges. We don't exist for bailiffs. We exist for the people. And if we don't fulfill that need, there's no reason for us to exist."
Each and every recipient herein has sworn to uphold the Constitution(s); those elected officials, and those retained by the electorate, have even more of an absolute obligation and duty to do so.
Implicit in your sworn oaths is to insure that every citizens' constitutional rights to due process of law and access to their courts is guaranteed and will never be denied. To reiterate, our rights are heightened by the fact that both Norman and I are disabled, and protected under and pursuant to Title II of the Americans with Disabilities Act/Amendments Act.
Norman Lanson and I, Meryl M. Lanson, and Baron's Stores, Inc. have been denied our Constitutional Rights to Due Process of Law in Violation of the Fifth and Fourteenth Amendments.
Norman Lanson and I, Meryl M. Lanson, and Baron's Stores, Inc. have been denied our Constitutional Rights to Access our Court(s) in Violation of Article V: Judiciary Article I: Declaration of Rights, Section 21.
Norman Lanson and I, Meryl M. Lanson, disabled litigants, have been denied our Constitutional Rights in Violation of the Protections we are Guaranteed Pursuant to Title II ofthe Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 337, 42 U. S. C. §§12131-12165
Now, I respectfully address you, individually, and all ofyou, collectively. I implore you to read the attached extremely germane "Exhibits".
These "Exhibits" unequivocally detail the incredible lengths, for years, Dr. Karin Huffer and I undertook, including but not limited to: The Department of Justice and The Florida Judiciary, to get "me" "us" some justice pursuant to Title II of the Americans with Disabilities Act/Amendments Act. And, these efforts were all before the exacerbation of my disability, educed into cancer and heart disease. And before Norman became disabled with cancer and heart disease and deafness, and the fact that he has, as a senior citizen, been exploited by the system, for the entire two
3 decades this case has been in the courts, including but not limited to the officers of the courts' violation of Florida Statutes §415.1115.1
Every single day that our plight is ignored, we continue to be deprived ofthe medical and rehabilitative procedures, necessary to live a semblance of a quality life. In that regard, you all need to know that Norman Lanson and I have not and cannot proceed with the urgent medically recommended surgeries, and the collateral care relevant thereto, because we do not have the funds to do so; therefore this matter of life and death, as has been reported and docketed for years, worsens with each passing day. As I write this letter, Norman Lanson is in pain, waiting for the day his jaw will break, not if it will, but when it will. And that, ladies and gentlemen, doesn't even begin to touch the surface of the irreparable damages we have suffered for all these years, by no fault of our own, but by those in power who have totally and intentionally ignored our Guaranteed Constitutional Rights.
1 As you can see, I have attached, once again, Dr. Karin Huffer's presentation to the Florida Commission on Access to Civil Justice, submitted on August 28, 2015. Contained therein, at the top of page 3, Dr. Huffer said: "Most of my clients wind up unrepresented and they either settle or give up because of serious health consequences as a result of the stresses and losses from acting on their belief that they have a right to due process of law; a delusion unless Federal law is implemented, as intended per the Americans with Disabilities Act Amendments Act. We are facing a public health crisis, in that citizens must choose either their health or pursuit of their rights in court." Additionally, Dr. Huffer's letter to Maria Mihaic, ADA Access Coordinator for the Eleventh Judicial Circuit, dated March 12, 2009, said: "Ms. Lanson's healing after these complications is another matter as she does not yet know the full impact of the psychic injury." It must be duly noted that two years after Dr. Huffer alerted Maria Mihaic of that concern, on September 9, 2011, I, Meryl M. Lanson was diagnosed with Stage IIIB Breast Cancer, and one year after that, in August, 2012, I, Meryl M. Lanson, suffered a heart attack. For years, Dr. Huffer warned Maria Mihaic, and others, of the impact yet to be læown, and cancer and heart disease confirmed her greatest fears.
4 1) Dean R. Alexander Acosta
In my January 28, 2016 letter I respectfully, yet strongly, urged you, Dean Acosta, take immediate intervening steps, as an esteemed member of this Commission, and as the former United States Attorney for the Southern District of Florida, and most importantly, as one of the architects, Assistant Attorney General for the United States Department of Justice, Tennessee v. Lane, supra.
I came to learn about your vital role in Tennessee v. Lane, shortly before I submitted the January 28, 2016 letter to the Commission. 2
Since that time, I have also learned that you supported other disabled litigants in their difficulty to obtain justice pursuant to Title II of the ADA, Tennessee v. Lane.
Dean Acosta, I continued my research, reading many articles about you, in your various positions. You authored a letter on March 20, 2011 in the Jeffrey Epstein case, to clear up a few details as you were the U.S. Attorney for the Southern District of Florida during that time. What I found quite interesting is your explanation, the parameters in prosecuting, at the state level and at the federal. You stated that Mr. Epstein had a constitutional right to a defense. Epstein had the "dream defense team," yet your feathers weren't ruffled, staying firm that no deal for Epstein would be made and you would proceed to trial unless the plea includedjail time, registration as a sex offender, and restitution. Despite the "dream team," and the tricks they engaged in, among them, to have prosecutors recused, you would not cave, and eventually, in 2008, Epstein pled guilty, went to jail, registered as a sex offender for life, and paid restitution. You received many congratulatory calls for the "win," but regardless of the fact that your demands were met, you even stated that restitution
2 Having to care for my 84 year old very sick husband, while taking care of my own serious health challenges, living one moment at a time, praying for our constitutional rights to be heard, and it is in those wee hours of the night when the rest ofthe world is asleep that I research, read, and write with the help of my Almighty God.
Yes, God, who guides me every step of the way, even the fact that He, who sees, hears, and knows everything that I have done, that I am doing, for me, for mine, for all, for the glory goes to Him, made sure there is M statute of limitations to vacate VOID orders; M discretion on the part ofthe Courts to vacate VOID orders; and NO statute of limitations on a Petition for Writ of Mandamus, to once and for all vacate the VOID orders. For unlike the Courts, He is a "God of Justice."
s clearly could not compensate for Epstein's crimes. It is worth noting how vigorously you pursued Epstein, a non-lawyer.
And then one week later, on March 29, 2011, you went before the United States Senate, Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Human Rights Hearing Entitled: "Protecting the Civil Rights of American Muslims." You spoke on behalf of two Muslims; a law student at Florida International University College ofLaw, where you preside as the Dean, and also on behalf of a very brave eleven year old girl who testified before this Committee in June, 2004, after the horrendous attacks on our country. I hung on every one ofyour words; I commend you for intervening on their behalf, in a situation that was happening then, with fervor, as a result of 9-11, and which now, in the present climate, has become a very delicate political issue which continues to divide our nation.
Dean Acosta, I reiterate, with the greatest amount of respect, urging you, imploring you, as an esteemed member of the Florida Commission on Access to Civil Justice, as the Dean at Florida International University College of Law, as the former United States Attorney for the Southern District of Florida, and most importantly, as the Assistant United States Attorney General for the Department of Justice, and the staunch supporter that led to the United States Supreme Court's affirmance in Tennessee v. Lane, 541 U.S. 509 (2004), to do the same for me and for Norman, and to intervene on my/our behalf, expeditiously, and directly do so to Chief Justice Labarga and the Justices of the Florida Supreme Court; Governor Rick Scott; Attorney General Pam Bondi; U.S. Attorney Wilfredo Ferrer, and each state and federal agency, including but not limited to the Department ofJustice, Civil Rights Division, pursuant to the protections I/we am/are guaranteed under Title II ofthe Americans with Disabilities Act/Amendments Act.
2) Governor Rick Scott
Policy Statement of the Executive Office of the Governor on January 4, 2011: 3
Employees of the Office of the Governor and of the entire executive branch are agents ofthe people and hold their positions for the benefit ofthe public. We are therefore bound to uphold the Constitution of the United States and the state Constitution, and to perform efficiently and faithfully our
3 January 4, 2011, the very day Rick Scott became the Governor of the State of Florida.
6 duties under the laws of the federal, state and local governments. We must at all times recognize that promoting the public interest and maintaining the respect of the people in their government must be our foremost concern.
www.flgov.com
"Since December, 2010, you, Governor Scott, have created 1,025,400 private sector jobs and the state's unemployment rate continues to drop. Governor Rick Scott is continuing to work hard to make Florida a global destination for job creation." And, your further commitment to the disabled, Executive Order 11-161, Creation of Governor Scott's Commission on Jobs for Floridians with Disabilities, upholding the Americans with Disabilities Act law enacted by President George H.W. Bush in 1990.
So, while you, Governor Scott, as the Chief of the Executive branch of Florida government, continue to fulfill your campaign promises, creating jobs, producing revenues, and respecting and upholding the "ADA," the Judicial branch of Florida government, has abdicated its authority to control the Florida Bar, and as a result jobs are lost, lives destroyed and state and federal revenues greatly diminished, transferring the wealth from hard working law abiding Florida citizens into the unscrupulous hands and pockets of officers of the court, who place their financial interests first and foremost, ahead of the public at large, and accomplish their ends by corruption, cronyism and conflicts of interest, 4 in utter disregard for their Constitutional Oath, the Rule of Law and the Americans with Disabilities Act and its Amendments Act.
4 Everything is outlined in my "Gatekeeper" Indictment produced to the Florida Commission on Access to Civil Justice on December 31, 2015; the formula is the same, in every division, as to how the "Gatekeepers" destroy lives, whether it be guardianship, probate, family, civil, bankruptcy.
The one bright light in the Judiciary appears to come from Chief Justice Jorge Labarga, who, not only created the Florida Commission on Access to Civil Justice, AO - 1465, on November 24, 2014 but one week later, on December 1, 2014, issued another Administrative Order, 14-66 holding the judiciary to account, with consequences, in what appears to be finally putting teeth into already existing rules; rules that have been for far too long neglected, abused, and ignored by the Judiciary. 7 As reported, ad nauseam, since as early as December 24, 2012, using as an example, Norman, myself and Baron's, as just one Florida corporation and its principals, I have shown the devastating losses to the county, state and federal governments as a result of the obstruction of justice, extrinsic frauds, civil rights crimes, by the "Gatekeepers" ofThe Florida Bar, stealing from their own government to line their greedy pockets. 2
I have been the "whistleblower" reporting this for eons, and like Harry Markopolos, the "whistleblower" in the Madoffcase, "No One Would Listen." Mr. Markopolos detailed in his book what happened to some of the victims, who lost everything, including their lives. It is worthy to note that Madoff, too, was a lawyer.
To remind you, what the losses were to the state and federal government (among other individuals and agencies) at the time I first reported to you on December 24, 2012: The approximate loss calculations are as ofthat date.
"Although we have been the primary target of such unethical and unlawful conduct by The Florida Bar, many other individuals, entities and agencies suffered tremendous losses as well because of the greed and power of The Florida Bar:
5 qui tam action (kwee tam) n. Latin for who as well, a lawsuit brought by a private citizen (popularly called a "whistle blower") against a person or company who is believed to have violated the law in the performance ofa contract with the government or in violation of a government regulation, when there is a statute which provides for a penalty for such violations. Qui tam suits are brought for "the government as well as the plaintiff." In a qui tam action the plaintiff (the person bringing the suit) will be entitled to a percentage of the recovery of the penalty (which may include large amounts for breach of contract) as a reward for exposing the wrong-doing and recovering funds for the government. Sometimes the federal or state government will intervene and become a party to the suit in order to guarantee success and be part of any negotiations and conduct of the case. This type of action is generally based on significant violations which involve fraudulent or criminal acts, and not technical violations and/or errors. Governor Scott, you could not conjure up any more fraudulent or criminal acts than those committed by the actors, officers of the court, Florida Bar members.
8 Baron's, a fifty year old family business was destroyed, more than 2_0_0 hard-working Florida residents lost their secure jobs, and the many benefits, including health, dental and life insurance, a community lost a benefactor, the state of Florida lost millions of dollars in sales tax revenues and the Federal Government was deprived of millions of dollars in taxes. ESTIMATED LOSS OF SOCIAL CAPITAL AS A RESULT OF BARON'S BEING PUT OUT OF BUSINESS BY MEMBERS OF THE LEGAL PROFESSION
- Baron's was an S-Corporation, producing taxable income to its owners and therefore income tax payable of approximately $100,000.00 per year. Loss of 15 years income tax to the Federal Government equals $1,500,000.00.
- Baron's employed 200 workers with a payroll of approximately $4,000,000.00 per year. The lost employer's share of FICA tax payable to the Federal Government, over the past 15 years, at 7% (rounded) $280,000.00 x 15 years equals $4,200,000.00.
- Baron's employees' share ofFICA would be mitigated by re-employment of workers; however, many workers were unable to find re-employment. Between unemployment compensation paid, and lost income tax, and lost employee share of FICA, it is estimated that the cost to the Federal Government over 15 years equals $3,450,000.00.
- Baron's sales were $20 million per year. As a result of the demise of Baron's, and its non-existence in operating as a chain of men's stores, the State of Florida lost sales tax revenue, at 6%, over the past fifteen years, of $18,000,000.00.4
4 According to Cynthia Cohen, retail expert witness, in her ten year analysis of Baron's going forward from 1997, Baron's was on a course of growth that, in 2007, would have been doing $47 million annually. The millions of dollars of sales tax revenue would have more than doubled to the State of Florida, not to mention the 9 - Baron's also supported non-profit organizations through the corporate entity or the Owners, estimated at $20,000.00 per year, over 15 years, equal $300.000.00.
THE TOTAL ESTIMATED LOSS OF SOCIAL CAPITAL OVER THE PAST 15 YEARS EQUALS $27,450,000.00 21
Please bear in mind that:
Baron's was improperly put into bankruptcy by the reconunendation of Baron's counsel in order to cover-up the malpractice ofthe very attorneys who reconunended Baron's go into bankruptcy. This recommendation was made by the attorneys, unlawfully putting a viable company into bankruptcy, so that the attorneys could control the bankruptcy while simultaneously preventing malpractice claims from being paid to Norman Lanson, Meryl M. Lanson, and Baron's Stores, Inc. by the Florida Bar's created/owned/operated malpractice insurance carrier, Florida Lawyers Mutual Insurance Company.
AND:
If that was not enough, the fact remains:
loss in federal income tax to the U.S. Government, and that number only went to 2007 (almost nine years ago).
2 This number is on the low end since it does not account for the projections ofretail expert, Cynthia Cohen, as detailed in Footnote 7 above. Taking into account that expert analysis, Baron's would have vastly increased its number of employees, the increased operating budget would have benefited vendors (both for Baron's and the Lansons), and Baron's and the Lansons would have undertaken more philanthropic endeavors which was a trademark of their reputation.
1 This number does not include the social capital lost, since 1993, attributed to Meryl Lanson's and Norman Lanson's, change in financial status, who are now indigent. Nor, does it include the emotional and reputation damages to the Lansons' change in credit status, which has been destroyed.
10 The attorneys, and their counsels, committed bankruptcy fraud, as the improper bankruptcy of Baron's was confirmed using falsified, fraudulent documents, 2 which were withheld from the Debtor and the Creditors, in violation of Constitutional Due Process Rights of Notice and the Opportunity to Be Heard, rendering Baron's Confirmation, VOID, as a matter of law.
IT ONLY GETS WORSE FROM THERE:
As these same attorneys, who committed bankruptcy fraud in the federal bankruptcy court, withheld, for more than TEN years, the fact that t_hhey falsified the bankruptcy Plan documents, which surfaced for the first time in the state court malpractice action, TEN YEARS LATER, using it as a defense for these same attorneys' malpractice, with the knowledge, of their own defense attorneys, who colluded and conspired with their clients in the ongoing fraud on the court schemes in the federal and state courts, to prevent the legitimate and substantial damages to Norman Lanson, Meryl M. Lanson and Baron's Stores, Inc.
AND CONTINUES TO THE PRESENT TIME: As these attorneys' unconscionable unlawful scheme is ongoing and continues up to and including the present time, in order to prevent the substantial damage claims from being paid to Norman Lanson, Meryl M. Lanson, and Baron's Stores, Inc.
The temerity, the chutzpah of these attorneys, with Lauri Waldman Ross, Esq. leading the charge, can be viewed in the court documents, courts transcripts and can be seen in the videos from 2008, 2009, and even as recently as last year, 2015, in the court of the Honorable Gill S. Freeman.
2 Thank you, Governor Scott, for signing the Anti-Corruption Bill this past "Good" Friday, March 25, 2016, which includes official misconduct for "altering or destroying public records or covering up a felony." This case, the crimes committed, the tax revenues denied the government, county, state and federal, and the cover ups by those who put their financial interests ahead of the public at large, is the 'Poster Child' case forjust how deep the crisis is in Florida's judiciary, which has cost the public untold multi-millions of dollars in lost revenues and jobs, and the disabilities directly resultant from such unchecked power of official misconduct abuse, destroying the lives and the livelihoods of the citizens while enriching the corruptors, who have been controlling the entire process, which, we know firsthand is a Public Health Crisis. (Dr. Karin Huffer warned about this for years).
11 The Sworn Declaration of Forensic Document Expert, Michael Kessler (attached), who declared that Baron's Confirmation Plans were Falsified Fraudulent Documents has never been refuted.
SO:
Not Only are a_Il the State Court Orders 'VOID' as a Matter of Law for Constitutional Due Process Violations, but the Confirmation of Baron's is also 'VOID' for those same Constitutional Due Process Violations.
THUS:
What the Florida Bar has done as a result of their unconscionable unlawful scheme in protecting and covering up the corruption of its members, to protect its own financial interests in its for-profit insurance carrier, Florida Lawyers Mutual Insurance Company......
HAS NOW:
Shifted the liability of the damages suffered by Norman Lanson and Meryl M. Lanson on the State of Florida and its Taxpayers, Tennessee v. Lane, 541 U.S. 509 (2004).
All of these damages are ours; damages, no matter how substantial, can never compensate us, for what these Officers of the Court(s) have done to us. We do not have to share these damages with anyone. But, it is precisely my faith which has sustained me through almost a quarter century, and my belief that Almighty God, has destined me with this assignment here on this plane, that I must do everything in my power to insure that no other individual, family, business, or otherwise ever feels or endures what we have. Therefore, as the Florida Commission on Access to Civil Justice is fully aware, on January 3, 2016, I submitted to the entire Commission, my Sworn Declaration, attached, on behalf of Norman Lanson, Baron's and myself, donating the total amount of punitive damages; 80% to be used to insure:
ACCESS TO CIVIL JUSTICE FOR ALL M
H Most recently, as a result of the courageous reporting by John Pacenti of the Palm Beach Post, the Guardianship programs in the Florida Judiciary finally came 12 3) Attorney General Pam Bondi
http://myfloridalegal.com/pages.nsf/Main/4D962836FFF7C55185256CC 6005BE6A6
"The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws. Additionally, the Attorney General protects her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people of Florida when criminals appeal their convictions in state and federal courts.
Within the Attorney General's Office is the Office of Statewide Prosecution that targets widespread criminal activities throughout Florida including identity theft, drug trafficking and gang activity. The Attorney General's Office also conducts various programs to assist victims of crime.
The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is authorized to issue formal legal opinions at the request of various public officials on questions relating to the application of state law. The Office of the Attorney General houses the Florida Commission on the Status of Women and the Council on the Social Status of Black Men and Boys. Also housed within the Attorney General's Office is the Office of Civil Rights, which investigates and takes legal action against violations of Floridians' civil rights.
The Office of Civil Rights was created in 1992. The Office is empowered to enforce civil rights laws on behalfofthe State ofFlorida through litigation, education, outreach and legislative proposals. Issues addressed by the Office in recent years include disability rights, to light. In that regard, I read that Governor Scott was going to seek to allocate approximately $820,000.00 to help revamp the program. That is a noble gesture; but one that is coming from the taxpayers rather than the culprits. In the spirit of full disclosure, I want Governor Scott, and this Commission to know that it is my intent to see to it that the Guardianship program be made part of the allocation of the funds to be donated by my foundation, as the genesis of those funds, the damages, must come directly from the culprits and their complicit insurance companies, and n_ot be borne by Florida taxpayers. 13 mortgage lending and other types of economic discrimination. In addition, action was taken on matters involving discrimination in place of public accommodations, racial profiling and elder exploitation.
The Attorney General serves as a member of the Florida Cabinet along with the ChiefFinancial Officer and the Commissioner ofAgriculture. As a Cabinet member, the Attorney General serves on the Clemency Board and as a member ofthe various Cabinet boards and commissions that address state lands, state investments, and rules pertaining to insurance and financial regulation. Also as a Cabinet member, the Attorney General serves, collectively as agency head for the Departments of Highway Safety and Motor Vehicles, Law Enforcement, Revenue and Veterans Affairs."
Attorney General Bondi:
On May 11, 2015, I read an article in the National Law Journal: "High Court Shakes Up State Bars." The following quoted excerpts are from the article. I do trust that you are familiar with the February 25, 2015 United States Supreme Court decision in North Carolina Board of Dental Examiners v. Federal Trade Commission, "which held that the doctrine of state-action immunity did not shield the board from Sherman Act antitrust regulation." Justice Anthony Kennedy writing for a 6-3 court said:
- When a state empowers a group of active market participants to decide who can participate in its market, and on what terms, the need for supervision is manifest. If a state wants to rely on active market participants as regulators, it must provide active supervision.
- This was a cosmic case where the Supreme Court said any agency controlled by active participants in the trade regulated does not have sovereign protection," Fellmeth said. "They are in same position as a cartel of truckers, insurance agents and other horizontal competitors meeting and deciding what to do. And by the way, lawyers are included here.
- The vast majority of occupational licensing boards and commissions nationwide, including state bars, now comprise majorities - even supermajorities - of licensed professionals "in the very economic tribal grouping with an economic interest in restraints of trade benefiting them.
14 - The groups recognize that many members of these regulatory boards and commissions believe they are acting in the public interest, they wrote. However, the dominance by professionals and lack of active supervision by a state higher authority have led to cozy relationships that do not serve the public interest. They used state bars as an example.
- State bars controlled by attorneys rarely discipline for excessive billing or intellectual dishonesty, "they wrote." "Few require any demonstration whatever of competence in the actual practice area of law relied upon by clients. Few require malpractice insurance, or in any way ameliorate the harm from attorney incompetence. The point is, each of the many agencies within your state is empowered to carve out momentous exceptions from federal antitrust law, and those decisions in particular require a level of independence from the implicit focus of current practitioners.
- State bars raised concerns about the high court case in an amicus brief filed before the decision. They warned that "by denying these state regulators state- action immunity unless they show active supervision by other parts of state government, the decision impairs the ability of state regulators to enforce state laws enacted to protect the public."
- Some state bars are still studying the decision and its implications. "We don't know yet," said Francine Walker, spokeswoman for The Florida Bar. "We're still trying to determine whether it's going to require any changes."
- Mark Merritt, vice president of the North Carolina State Bar and an antitrust partner in Charlotte's Robinson, Bradshaw & Hinson, said one important difference between the bar and the dental board is that the former falls under the supervision of the North Carolina Supreme Court.
- "Certainly, the decision probably will lead to state supreme courts having stronger relationships with their state bars and oversight to see whether they are acting consistent with their statutory authority or the authority granted by their state supreme court," Merritt said.
- The decision is unlikely to affect the bar's disciplinary process for lawyers or issuance of ethical guidance, he said."
15 - His bar is working with the state Legislature, he said, to have the state attorney general review any actions the state bar believes could raise competitive concerns.
- In their decision, the justices held there must be "active supervision" to invoke state action immunity. To meet that requirement, the court said, "The supervisor must review the substance of the anti-competitive decision, not merely the procedures followed to produce it; the supervisor must have the power to veto or modify particular decisions to ensure they accord with state policy, and the "mere potential for state supervision is not an adequate substitute for a decision by the state.' Further, the state supervisor may not itselfbe an active market participant.
- Under earlier law, state action immunity was a "relatively efficient way" to defend against an antitrust claim, Merritt said. "Even for people who are state actors, it's not as clean a defense anymore, and it's a defense that could be expensive to bring before a court. The reality is this is going to play out over time.
- But not too much time, said San Diego's Fellmeth, who wants state attorneys general to move quickly on licensing-board changes. They need to tell board members they may be liable for a felony offense and treble damages, he said.
- Three to four years from now, a few of my friends will file antitrust actions against individual board members and there will be a $10 million or $20 million judgment," he said. "And the others will do it. I have friends in that community, and they are already salivating at the prospect.
- "If I'm an attorney general, I want to say with pride, 'I saw this coming and we created some way of addressing it.' Either get rid of a majority ofthe trade members or create some oversight that passes muster."
Attorney General Bondi, as the Chief Legal Officer for the State of Florida, as a member of the Florida Cabinet, as a member of the Florida Commission on Access to Civil Justice, and let us not forget, as a member of the Florida Bar, now being equipped with the knowledge and unrefuted evidentiary support, which I have sworn to, under the penalty of perjury, it is incumbent upon you, to do all that you must, pursuant to your Constitutional Oath, as an elected official for We The People, to protect our guaranteed constitutional rights, as Florida citizens, and those guaranteed
16 rights as disabled litigants under Title II of the Americans with Disabilities Act/Amendments Act, and our civil rights, all which have been denied us because of the corruption, cronyism, and conflicts of interest of the Florida Bar putting their financial interests ahead of the public at large. Attorney General Bondi, it is the people you were elected to protect, and yet, when I filed a Civil Rights suit against Judge Jeri Beth Cohen, her response to me, a citizen, was "I'll just give it to the Attorney General;" the Attorney General who uses taxpayer monies to defend the corrupt acts ofjudges who war on the Constitution(s). Thus, one of the reasons I abandoned that suit, and yet another reason why the System is in such 'Crisis.' 4) Chief Financial Officer Jeff Atwater
http://www.myfloridacfo.com/sitePages/agency/cfo.aspx The Chief Financial Officer of Florida is a statewide constitutional officer of Florida. The office was created in 2002 following the 1998 reforms of the Florida Cabinet.
The CFO is a combination of the former offices of Comptroller and Treasurer/Insurance Commissioner/Fire Marshal. The office heads the Florida Department of Financial Services and is responsible for overseeing the state's finances, collecting revenue, paying state bills, auditing state agencies, regulating cemeteries and funerals, and handling fires and arsons. In addition, the CFO has administrative oversight over the offices which handles banking and insurance regulation. The CFO is a member of the Cabinet.
CFO Atwater's priorities since assuming office have been to aggressively eliminate the fraud that increases the cost of living for Floridians, reduce regulations that inhibit job growth and economic expansion, expand his earlier efforts at fiscal transparency and governmental accountability, and protect the state's most vulnerable citizens from financial harm and abuse.
CFO Atwater, as the constitutional officer who has stated as a priority to aggressively eliminate fraud; whom oversees the State of Florida's finances, collecting revenues due the state among your highest priorities; as the Administrator overseeing the insurance industry to protect the state's most vulnerable citizens from financial harm and abuse; as a member of the Florida Cabinet, and as a member ofthe Florida Commission on Access to Civil Justice, you
17 are equipped and empowered as an elected official with each and every hat to insure that our guaranteed constitutional rights are adhered to, and that you uphold the constitutional oath you swore to when you were elected by the people, for the people, the public at large.
All I respectfully request, actually respectfully demand, is that you immediately "get to work" with the Governor, the Attorney General, Florida Cabinet member Adam Putnam, and Chief Justice Labarga to insure that everything you profess to be, on behalfof those who elected you to office, you deliver. Your website is filled with promises. Words mean nothing, action is everything. Start walking the talk.
Although the buck stops with the Governor, as the ChiefExecutive Officer of the State of Florida, your pivotal role in rounding up the dollars cannot and will not go un-noticed anymore. You need to protect the taxpayers who are the ones who fund every aspect of government. In your role, as the Chief Financial Officer, you must insure that those responsible for depriving the State of Florida of the revenues due the State, through the fraudulent conduct between the Florida Bar and its inherent conflict of financial interests in its created/owned/operated insurance malpractice carrier cease immediately. Time is of the essence.....has been of the essence.
In addition, as you well know, by now, the unconscionable fraudulent scheme of Florida Bar members has placed the State of Florida, through its taxpayers, as the party responsible for the substantial legitimate damages due Norman Lanson, and me, as disabled litigants, protected under and pursuant to Title II of the Americans with Disabilities Act/Amendments Act, who have been denied access to their courts and thus been denied our Fourteenth Amendment rights to Due Process of Law, Tennessee v. Lane, 541 U.S. 509 (2004) for two decades.
CFO Atwater, you are the "money" man; you oversee the monies coming in and the monies going out. You have been equipped with the knowledge of just how government employees, 'officers of the court,' i.e. - Judges have abused their positions, while protecting their lawyer brethren, and the Florida Bar, so that the for- profit Florida Bar malpractice carrier can experience unprecedented profits and A plus claims ratio status. It's easy - collect premiums, deny claims, and have cases fixed in the courts to achieve the results.
I outlined it for you, for all ofyou, ad nauseam. That relationship, ongoing for more than 25 years has caused immeasurable legitimate damages to not only me, and to mine, but also to those who depended on us for their livelihood, as their employer,
18 the community and beyond who depended on our philanthropy, and those unfortunate citizens whose lives hang in jeopardy by the cuts in government spending, because the abuse, as exhibited by these greedy vultures', 'officers of the court,' unchecked power positions, have operated without accountability, and in fact, independent of any oversight from anyone for at least the two decades that we have been victimized by their schemes. Florida Supreme Court Justices Canady and Polston certainly recognized that fact in their dissenting opinion in Liberty Counsel, et al. v. The Florida Bar Board of Governors, et al., Case No. 09-363, stating:
"As the administrative head of the Florida Bar, we simply cannot abdicate our duty to supervise the Bar. See art. V, § 15. Const. (the supreme court shall have exclusive jurisdiction to regulate the admission ofpersons to the practice of law and the discipline ofperson admitted.") Askew v. Cross Key Waterways 372 So.2d 913, 920-21 (1979) (explaining that the non-delegation doctrine prohibits the delegation of constitutional functions to others).
There is absolutely no reference to the Florida Bar in the Florida Constitution. Thus, there has been an unconstitutional delegation of this function, creating a fourth branch of government, The Florida Bar, answerable only to itself. It is exactly that unchecked prohibitive delegation ofconstitutional function, power and greed by Bar members, the reason in which Norman, Baron's and I have been irreparably and unconscionably damaged, actually destroyed.
Just follow the money, Mr. Atwater. H 5) Florida Supreme Court Justice Jorge Labarga
Chief Justice Labarga, no judge wants to deal with vacating the VOID orders, in violation of the Code of Judicial Conduct, the Rule of Law, and in violation of your Administrative Order 14-66; the reason being: the fear of the control and power of the Florida Bar, if and when the day comes when they leave the bench, and again
H The work that I had done with Victims ofthe System, and Legal Victim Assistance Project, proved, not only the corruption by the merging ofthe Bar with its insurance company, but how other malpractice insurance carriers were discriminated against because they did not have the luxury of simultaneously controlling the malpractice insurance claims and the disciplinary process, as that which has been exclusive to the Florida Bar and Florida Lawyers Mutual Insurance Company. 19 under the auspices of the Bar. This must not be tolerated, especially since each and everyjudge has no discretion but to vacate VOID orders. Additionally, what has transpired from the fact that the orders have not been vacated in the initial legal malpractice case, (a) as the law demands, a "multiplicity" of VOID orders are being knowingly used by several attorneys, unlawfully and unethically, in two collateral cases (b) and (c); all three cases at the Eleventh Judicial Circuit Court in and for Miami Dade County, Florida: a. Case No. 99-21062 CA 22, Norman Lanson, Meryl M. Lanson, Baron's Stores, Inc. v. Ronald Kopplow, Kopplow & Flynn, Marc Cooper, Cooper & Wolfe, P.A., and Sonya L. Salkin, Malnik & Salkin, P.A.
b. Case No. 06-09516 CA 22, Norman Lanson, Meryl M. Lanson and Baron's Stores, Inc. v. Justus W. Reid, Justus W. Reid, P.A., Mark R. Osherow, Mark R. Osherow, P.A., and Peter Bernhardt, Reid, Metzger & Bernhardt, P.A.
c. Case No. 07-27480 CA 15, Behar, Gutt & Glazer, P.A. v. Baron's Stores, Inc., a Florida Corporation, Meryl M. Lanson, individually, and Norman Lanson, individually. Chief Justice Labarga, every one of these attorneys, in each of these cases, and their counsels, have either directly engaged in: including but not limited to: bankruptcy fraud; filing unrefuted falsified fraudulent documents in court proceedings; are in contempt of court orders; altered and manipulated court orders; have violated the Rules Regulating the Florida Bar; have committed criminal acts; frauds on the courts; violations of constitutional due process rights; exploited disabled citizens, and those over the age of 65; OR have chosen to remain silent, knowing about all of these transgressions, in violation of their absolute duty to report same to the proper authorities. BUT in any event, each and every one of these attorneys involved in these cases, and their counsels, have known what has been going on, for all of these years, and instead of abiding by their Oath, pursuing justice on behalf of their clients, and upholding the Rules, the Law, have knowingly and intentionally chosen to use VOID orders to protect themselves, the Florida Bar, their brethren, and their
20 respective insurance companies from paying the substantial legitimate damage claims due and owing Norman Lanson, Meryl M. Lanson, and Baron's Stores, Inc. Scarce judicial resources being wasted on cases involving "attorney crimes and greed," while more than 80% of Florida citizens are being denied access to the courts. And you, Chief Justice Labarga, are still pondering the reasons why? Chief Justice LaBarga, and the other Justices, I respectfully implore You, as the Chief Justice of the highest court in the state ofFlorida, and the other Justices, who are equipped with the inherent judicial power to fashion any equitable remedy you deem appropriate to redress the constitutional violations and harm caused us. I respectfully implore You, ChiefJustice Labarga, and the other Justices, to exercise your inherentjudicial power and immediately, on an emergency basis, vacate the VOID orders, which have been rendered in this case. I respectfully implore You, Chief Justice Labarga, and the other Justices, to exercise your inherent judicial power to conduct the hearings that we were denied, for two decades, and once and for all to hold to account, the offending parties - the lawyers, and their insurance carriers - who are responsible for all the damages flowing from the intentional breach of our guaranteed constitutional rights to due process of law as United States citizens, as Florida residents, and as disabled litigants with the added protection ofTitle II ofthe Americans with Disabilities Act/Amendments Act. The defendants who are all attorneys, and their counsels, have been knowingly exploiting VOID orders, that they know they obtained in violation ofour guaranteed constitutional rights to due process oflaw, as they are the ones who masterminded the unconscionable scheme. These attorneys have used their "ideal" pedigree, posture and positions, to intimidate us and our counsel, in order to gain unfair advantages in litigation, profiting by their transgressions, and insulating themselves from the bad faith claims that we have perfected against them, the defendants, and their malpractice insurance carriers. Governor Scott, Chief Justice Labarga, Justice Pariente, Justice Lewis, Justice Quince, Justice Canady, Justice Polston, Justice Perry, Attorney General Bondi, CFO Atwater, Dean R. Alexander Acosta, and the Members ofFlorida Commission on Access to Civil Justice: What has made this country so great is the United States Constitution. That we are assured of freedom of speech, freedom ofreligion, due process of law, access to our courts, just to name a few. What I have gone through, what my husband has gone
21 through, what Baron's has gone through is the perfect example of what happens when those in power close their eyes to the guarantees we are assured - then what good is the Constitution? How many people lost their lives fighting for the freedoms and rights which I have outlined and submitted to you, over and over again? Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Article VI, Clause 3, to support the Constitution. No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it, Cooper v. Aaron 358 U.S. 1 (1958). To paraphrase Justice Lewis: You promise justice, but you have denied us access. You promise equality, but you have denied us access. You promise fairness, but you have denied us access. We don't want your sympathy. We don't want your pity. We just want equal, uninterrupted access to our court of law, as provided by the United States Constitution, the Florida Constitution, and Tennessee v. Lane, which you all have sworn to uphold, and to date, have failed miserably in doing so.
Under penalties ofperjury, I declare that I have read the foregoing and that the facts and promises contained therein are true, so help me God.
7% Laun Signed: Date: March 29, 2016 MeryfM. Lanson March 29, 2016
Meryl M. Lanson 905 North Harbor City Boulevard Melbourne, Florida 32935 Tel.: 321-622-8592 Fax.: 321-622-8593 E-mail: [email protected]
Enclosures: CompositeExhibits'1''2''3''4''5''6'
22 COMPOSITE EXHIBIT
#2 18652 Ocean Mist Drive Boca Raton, Florida 33498
March 10, 2010 FEDERAL EXPRESS
Mr. John Harkness, Jr. Mr. John Harkness Executive Director Director The Florida Bar Florida Lawyers Mutual Insurance Company 651 East Jefferson Street 3504 Lake Lynda Drive, Suite 325 Tallahassee, Florida 32399-2300 Orlando, Florida 32817-1484
Re: Norman Lanson, Meryl M. Lanson, Baron's Stores, Inc. v. Ronald C. Kopplow, Kopplow & Flynn, P.A., Marc Cooper, Cooper & Wolfe, P.A., and Sonya L. Salkin. Malnik & Salkin, P.A.
Dear Mr. Harkness:
As you are well aware, my husband, my corporation and I have been embroiled in a protracted legal malpractice lawsuit against two of your insureds for more than ten years, as referenced above. I am not going to delve into all the details as you are quite familiar with each and every one. On August 10, 2009, you were provided with the "Trial By Proxy - The Debriefing" - an in-depth account of the injustice and corruption in the Florida courts and the Florida Bar, and the intentional legal abuse that we have been subjected to by such entities and their members since 1993. Additionally, Mr. Harkness, as Executive Director of the Florida Bar, you have been provided with copies of the Bar grievances filed against the defendant attorneys, and their counsel; grievances as a result of unethical and egregious conduct which have permeated these proceedings. As a Director of Florida Lawyers Mutual Insurance Company, you have been provided with every aspect of the litigation against your insureds, which again has been fraught with violations of the rules and the law. Yet, you, due to your inherently conflicted position, have prevented the meritorious grievances from ever reaching a grievance committee, and the legitimate malpractice claims from being paid.
YOU ARE THE FOX THAT GUARDS THE HENHOUSE
Let me remind you, yet again, of your conflicted duties resulting from your conflicted roles:
You have been the central figure in the obstruction of our justice and right to due process in the hearing of our Bar grievances, and in our ten year old legal malpractice lawsuit, which was surgically dismissed through various motions, resulting in obstruction ofjustice and an intentional denial of our constitutional rights to a jury trial. As the Executive Director of the non-profit state agency, The Florida Bar, you are duty bound to vigorously prosecute unethical attorneys, in order to protect the public. It is impossible for you to uphold that obligation while, at the same time, sitting on the Board of Directors of a private for-profit business insurance enterprise, which promises to vigorously defend the very individuals who are the subject of our grievances, and who are insured by your private business enterprise, Florida Lawyers Mutual Insurance Company. You, Mr. Harkness, have been engaging in Honest Services Fraud by your conflicted and corrupted dual positions. Furthermore, each member of the Board of Directors ofFLMIC, who is a Bar governor has also engaged in Honest Services Fraud.
Mr. Harkness, you, as an attorney, admitted to the Florida Bar for forty years, since 1970, belonging to twenty-one (21) sections' have mustered quite a resume of expertise, aside from being the Executive Director of The Florida Bar. With your knowledge, you should easily recognize the conflicted positions you hold. Yet, you willfully continue to refuse to acknowledge your conflicted position and have done so, for more than a decade.
According to Black's Law Dictionary, Deluxe Seventh Edition:
Conflict of interest: 1. A real or seeming incompatibility between one's private interests and one's public or fiduciary duties.
You, Mr. Harkness, have been engaging in Honest Services Fraud, and violations of Anti-Trust, by your conflicted and corrupted positions on both the Florida Bar and Florida Lawyers Mutual Insurance Company since 1998, as pertains my grievances filed against attomeys, Ronald C. Kopplow and Marc Cooper.
As Executive Director of the Florida Bar, you are charged with a fiduciary duty to protect all the citizens of this state from rogue lawyers, and judges, who are mandated members of the Florida Bar. Mr. Harkness, in carrying out your fiduciary duties, over all these years, more than a decade, did you ever take just one moment, a fleeting second, to grasp the amount of damages you caused my family, our employees, our creditors, the community, the financial institutions, the state of Florida, and the Federal Government? It is inhumane what you have done, especially when you had ample opportunities to make right out of this terrible travesty. You intentionally chose the path you did because it was never about the righteousness and your duty to protect the public - it was always about the money and what was in it for you and the rest of your profiteers at Florida Lawyers Mutual Insurance Company, and its insured owner members.2
Administrative Law, Appellate Practice, Business Law, Criminal Law, Elder Law, Environmental and Land Use Law, Equal Opportunities Law, Entertainment Arts and Sports Law, Family Law, Government Lawyer, General Practice Solo and Small Firm, Health Law, International Law, Labor and Employment Law, City County and Local Government Law, Out-of-State Division, Public Interest Law, Real Property Probate and Trust Law, Trial Lawyers, Tax, and Workers Compensation
2 What an absolutely incredible racket you have going on. Your insureds, Kopplow and Cooper, are owner/members of Florida Lawyers Mutual Insurance Company. Any attorney insured by FLMIC can commit malpractice and crimes, with impunity, knowing that they have the full protection of the Bar, by
2 Mr. Harkness, I have been abused emotionally, and financially tortured for far too long by you and your brethren. You all have committed a crime, which has thus far gone unpunished.
Baron's, a mainstay in the Florida landscape, for more than fifty (50) years, no longer exists because your insured's put their interests ahead of their clients, and did so by engaging in unethical, egregious and illegal conduct. More heinous behavior on the part of officers of the court would be unfathomable to imagine; your insureds, lawyers, should have admitted their negligence, protected their clients, and faced the consequences. Instead, with reckless disregard for the truth and without a scintilla of concern for the harm inflicted upon innocent people, your insureds chose to stay the course in order to reap ill gotten gains. As a result, a fifty year old family business was destroyed, approximately 2_0_0 hard working Florida residents lost their secure jobs, a community lost a benefactor, the state of Florida lost millions of dollars in sales tax revenue and the Federal Government was deprived ofmillions of dollars in taxes.
ESTIMATED LOSS OF SOCIAL CAPITAL AS A RESULT OF BARON'S BEING PUT OUT OF BUSINESS BY MEMBERS OF THE LEGAL PROFESSION
- Baron's was an S-Corporation, producing taxable income to its owners and therefore income tax payable of approximately $100,000.00 per year. Loss of 12 years income tax to the Federal Government equals $1,200,000.00.
- Baron's employed 200 workers with a payroll of approximately $4,000,000.00 per year. The lost employer's share of FICA tax payable to the Federal Government, over the past 12 years, at 7% (rounded) $280,000.00 x 12 years equals $3,360,000.00.
- Baron's employees' share of FICA would be mitigated by re-employment of workers; however, many workers were unable to find re-employment. Between unemployment compensation paid, and lost income tax, and lost employee share of FICA, it is estimated that the cost to the Federal Government over 12 years equals $2,760,000.00.
- Baron's sales were $20 million per year. As a result of the demise of Baron's, and its non-existence in operating as a chain of men's stores, the State of Florida lost sales tax revenue, at 6%, over the past twelve years, of $14,400,000.00.3
your presence, and the msurance company, which you sit on. Being insured/owner/members of FLMIC puts your insureds in a win/win situation, at all costs, including the financial destruction of their clients, as detailed herein. The insureds are able to commit malpractice with a built in defense ofnever having claims paid - thievery with the tacit approval and participation of the rest of the insured/member/owners of FLMIC whom all must be and are members of the Florida Bar...... How Despicable!
3 In 1993, the year of the discovery of the embezzlement, Baron's growth continued when sales volume was over $20 million. According to Cynthia Cohen, retail expert witness, in her ten year analysis of Baron's going forward from 1997, Baron's was on a course ofgrowth that, in 2007, would have been doing
3 - Baron's also supported non-profit organizations through the corporate entity or the Owners, estimated at $20,000.00 per year, over 12 years, equal $240,000.00.
THE TOTAL ESTIMATED LOSS OF SOCIAL CAPITAL OVER THE PAST 12 YEARS EQUALS $21,960,000.00.4 5
You and the rest of the Board of Directors of FLMIC knew what happened. You all knew or have known or now know that the failure to file suit within the statute of limitations is a malpractice, per se, which, for the most part, doesn't even need expert testimony. You all knew, or now know that the law supported our right to recover damages.6 You had to know, or should have known, being that all the members of the Board of Directors, are attorneys, licensed to practice in the state of Florida, and, therefore, must be held to a higher standard. You all had an obligation and duty to perform due diligence. Had you performed your duty of due diligence you would have known that we were damaged as a result of your insureds' blatant malpractice. As a result of your failure to perform your due diligence, and/or failure to oversee the person(s) you retained to do so, you were/are jointly and severally liable for the damages we suffered as a result of neglecting your responsibilities. What makes the negligence punitive is the fact that you were all put on notice, numerous times, regarding every aspect of the negligence of your insureds, and you intentionally chose to ignore and remain silent, in hopes that I, my husband, Baron's, and their attorneys would finally disappear. You succeeded remarkably at causing all prior attorneys to withdraw.7
$47 million annually. The millions of dollars of sales tax revenue would have more than doubled to the State ofFlorida, not to mention the loss in federal income tax to the U.S. Government.
4 This number is on the low end since it does not account for the projections of retail expert, Cynthia Cohen, as detailed in Footnote 2 above. Taking into account that expert analysis, Baron's would have vastly increased its number of employees, the increased operating budget would have benefited vendors (both for Baron's and the Lansons), and Baron's and the Lansons would have undertaken more philanthropic endeavors which was a trademark of their reputation.
5 This number does not include the social capital lost, since 1993, attributed to Meryl Lanson's and Norman Lanson's, change in financial status. Nor, does it include the emotional and reputational damages to the Lanson's change in credit status.
' The Florida Bar Board of Governors and the Board ofDirectors of Florida Lawyers Mutual having been provided with the Trial By Proxy - The Debriefing, in August, 2009.
7 There is no other excuse for any of our four previous attorneys to have withdrawn, as explained in the Trial By Proxy - The Debriefing. Each one of our attorneys was retained on a contingency basis, costs included. Each one of our attorneys knew the extent of the damages we suffered, as Jack Scarola expressed verbally and in writing to Aubrey Smith, then Vice President of Florida Lawyers Mutual Insurance Company. Again, it was expressed by Justus Reid to Philip Disque, Treasurer of Florida Lawyers Mutual Insurance Company. It was expressed again by Judge Gerstein, who presided over the legal malpractice case for six years. It was expressed by Judge Paul G. Hyman, in his April 12, 2007 Order. Most importantly, it was expressed by each one of our attorneys to us over and over again. Thus, the reason each one of these "so called" prominent attorneys and their firms, wanted to represent Baron's, my husband and me.
4 The defense has operated without boundaries, because they could. They had your protection in two crucial places. Mr. Harkness, you are in the enviable, yet corrupted position, of controlling the disciplinary process and being on the Board of the Bar's created malpractice insurance company. Such unchecked power is what has allowed you to do what you have done and continue to do. On a whim, you exercise unchecked power whenever it suits you. You have done so in our case for more than a decade in order for FLMIC to avoid paying a substantial legitimate claim. There is an old adage that "if you don't have the law, you argue the facts; if you don't have the facts, you argue the law." The defendants had neither, but, what they did have is the "connections," to the courts and to you.
In the December 15, 2009 edition of the Florida Bar News, the Bar released the following statement regarding the Scott Rothstein matter:8
"This is a terribly unfortunate and tragic situation, but it is also a rare circumstance in the legal profession. The great majority of Florida attorneys serve their clients admirably and in accordance with the Bar's rules of professional conduct. For starters, the great majority of Florida attorneys do not hold Florida Bar key positions such as the grievance conunittee where Rothstein sat. What's 'unfortunate and tragic' is Rothstein's participation in The Florida Bar's grievance process provided him the ideal pedigree needed to convince almost everyone he was beyond reproach, while intimidating/discouraging nearly anyone who would dare question his integrity."
Mr. Harkness, the statement made by the Florida Bar is patently false. It is precisely those corrupted attorneys with the "ideal pedigree," whose services you enlisted to then corrupt the courts so that we would be denied a jury of our peers.
You enlisted attorney, Lauri Waldman Ross whose "ideal pedigree" makes Rothstein look like a mut in the pound. Waldman Ross was a member of the Eleventh Judicial Circuit Grievance Committee for three years, a member of the Florida Appellate Rules Committee for five years, a Special Counsel for the Judicial Qualifications Conunission, now going on eighteen years, and a member of the Judicial Nominating Commission for the Third DCA since 2008. Imagine that Lauri Waldman Ross sits on the Board to "hire" judges, and is a Special Counsel with the ability and power to "fire" judges. The reference in the legal community is that if you need an Appellate attorney with connections, and need something taken care of, speak to Lauri Waldman Ross.
Furthermore, Waldman Ross has maintained a close personal friendship with Thomas D. Hall, Clerk of the Florida Supreme Court, for more than three decades, since their days at University of Miami Law School. The relationship between Waldman Ross and Hall is more than troublesome for me. As early as 1998, Thomas D. Hall and I
' You turned a blind eye to Rothstein because the Bar profited. All the citizens ofthis state, and beyond, that lost rnoney - in some cases, like us, their entire net worth - have you to blame.
5 exchanged numerous e-mail communications, letters, telephone calls, and even a meeting that took place in March, 2000, when I personally visited the Court in Tallahassee. Sometime in 2005, I asked to review the entire Bar file against attorneys Kopplow, Cooper and Salkin, and did so in the Miami office of the Florida Bar. During that review, it came as a shock that more than half of the files against Kopplow, Cooper and Salkin had been destroyed. Most incredibly, there was communication in the file, between the Florida Bar and Thomas Hall, pertaining to my grievances that were never disclosed to me, and obviously shouldn't have ever been disclosed to me. Additionally, Clerk Hall, rendered decisions as ifhe was the Florida Supreme Court himself.
Waldman Ross touts protectione' and power. Why? Because she has shown to have it all the way to the highest Court in the State. How in the world can you explain such a "pedigree" with such "power?" Power corrupts and absolute power corrupts absolutely; Waldman Ross is the epitome of such power.
Waldman Ross was unable to corrupt Judge Norman Gerstein, who presided over our case for six years. But, Waldman Ross made up for it from the moment Judge Gerstein was transferred to Probate. She then began using her "ideal pedigree" to first corrupt the late judge, Manuel Crespo. Waldman Ross tricked a dying Judge, presiding over our case, for just two days, into entering a summary judgment against us for multi- million dollar individual damages suffered by my husband and me, inapposite to the facts, and inapposite to the law Within a day of entering that Order, Judge Crespo recused himself and soon thereafter passed away.
Waldman Ross then used her "ideal pedigree" to not only corrupt Judge Jeri Beth Cohen, but to counsel her during proceedings, including but not limited to violations of my HIPAA rights, exploiting my disability, discriminating against me, and conspiring with Judge Cohen in the commission of a crime, Title 18 U.S.C., Section 242 - Deprivation of Rights Under Color of Law.
042More proof of the "pedigree power" that Waldman Ross maintains. She was able to trick a dying Judge, full well knowing that case law, in the very circuit where she practices and has "clout," Harrinaton v. Batchelor, 781 So.2d 1133(Fla.3rd DCA 2001) is on point with the facts of our individual right to recover. Additionally, the court in Nationsbank, N.A. v. KPMG Peat Marwick LLP, 813 So.2d 964 (Fla.4* DCA 2002) applied First Florida Bank, N.A. v. Max Mitchell & Co., 558 So.2d9 (Fla. 1990) to hold that a lender had standing to bring a negligence claim against its borrower's auditor due to the lender's continuation of a line of credit in reliance upon the audited financial statements. Waldman Ross and her defendant client, FLMIC's insured, appellate attorney, Marc Cooper, should be intimately familiar with such case, as Cooper successfully represented the lender in that appeal. Cooper and his attorney, Waldman Ross' failure to cite this directly applicable legal authority can not be classified as a mere oversight, but as an intentional act in violation of RRFB 4-3.3 Candor Toward the Tribunal: (a)(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; Defendant Cooper was a partner at the firm of Colson Hicks in this matter. Another partner, Ervin Gonzalez, sits on the Board ofGovemors ofthe Florida Bar, and was apprized numerous times by me of his conflicting position. Mr. Gonazlez very recently withdrew his candidacy for President-elect of the Florida Bar. Finally, and utterly amazing is the clout of these defendants and their in your face corruption. It must be noted that defendant, Cooper's co-counsel on the Nationsbank, N.A. v. KPMG, is none other than Waldman Ross' co-counsel, defending Cooper in this legal malpractice lawsuit, Kozyak, Tropin, Throckmorton, P.A.
6 Finally, now in the Third District Court of Appeal, home to Appellate attorney, Lauri Waldman Ross, she has again used her "ideal pedigree" to deceive the judges ofthe Third DCA into using threatening dismissal tactics against me, exacerbating my disability, in violation of the ADA/ADAAA. Proof of Waldman Ross' power is the December 24, 2009 Order by the Third DCA, my January 8, 2010 Motions, and the Third DCA's Order vacating its December 24, 2009 Order 2°
Ms. Ross has partnered in this endeavor with Elliot Scherker, shareholder of the Florida Bar's law firm, Greenberg Traurig. Just this past week, Waldman Ross and Scherker, along with attorneys, Charles Throckmorton, Lewis N. Jack, Jr. and Robert M. Klein, filed a Motion in court making false statements to invalidate my known disability thereby exacerbating my condition even further, in violation of the protection I have under the ADA/ADAAA. They continue to engage in these win at all costs tactics because they have the protection and the connections to do so.
What took my family fifty years to build was torn down and destroyed by corruption, collusion and conspiracy by a racketeering enterprise called The Florida Bar. Why did you do this to us, when you could have and should have settled this case back in 1998, when you knew that your insureds committed blatant malpractice?
Our former attorneys, Scarola, Osherow, Reid and Bernhardt, perfected the bad faith claims against Kopplow, Cooper, Salkin and their respective firms. *
As early as 1998, Mark Osherow offered to settle the case against your insureds for their policy limits. Aubrey Smith, then Vice President of FLMIC, requested that we provide FLMIC with evidence of the damages my husband and I suffered as a result of your insured's negligence. We provided FLMIC, directly through Mr. Smith, and defendants' counsel, with a damage report prepared by Alan Fiske, CPA, detailing the damages my husband and I suffered as a result of the attomeys' negligence in failing to name us, individually, on the lawsuit against Morrison, Brown, Argiz 22 The damages far exceeded the $6 million in total policy limits of your insureds. Aubrey Smith advised us, in writing, that FLMIC's accounting expert would offer his own assessment as to our damages. In all these years since, Florida Lawyers Mutual Insurance Company never provided an accounting expert to assess and/or respond; it wasn't necessary, and why
* The authorities should pay special attention to the Orders and Motions referenced, as it is clear that "Operation Courtbroom" needs to be revisited in the Third DCA, and reported to the Statewide Grand Jury for Corruption being held in South Florida.
" The perfected bad faith claims would put the reinsurance companies on the book for the damages. It would appear that the reinsurers would not look kindly upon FLMIC knowing that FLMlC had the opportunity to settle our case for policy limits and intentionally chose not to do so.
¹² Alan Fiske, CPA, prepared the ßrst damage report as to individual damages suffered by Norman and Meryl Lanson in a report entitled "Losses Sustained by Nonnan Lanson and Meryl Lanson, Valuation Date: October 2, 1993; damages $14,343,000.00. The second damage report prepared by Alan Fiske, CPA, as ofDecember 23, 2003, used a loss in the Lansons' net worth, as suggested by attorneys, Reid, Bernhardt and Osherow; those damages as of 12/2/2003 were $23,838,365.00.
7 waste the money, since you all had the power to destroy our case, like you destroyed our lives, by lying, cheating, stealing and engaging in corrupt, collusive and conspiratorial practices involving a plethora of attorneys and a few rogue judges.
In June, 2002, Phil Disque, Treasurer of FLMIC, a friend of our former attorney, Justus Reid, was very well aware of the strict liability against your insured's. Mr. Disque asked for Justus Reid to provide him with a straightforward explanation of the malpractice Reid claimed was committed by Kopplow and Cooper." The following is a portion of Justus Reid's letter to Mr. Disque, dated May 1, 2002.
"In short, your insureds failed to file a malpractice claim against MBA on behalf of their clients, the Lansons. The statute of limitations on that claim has expired, so your insureds unequivocally committed malpractice. That malpractice has caused the Lansons to sustain damages far in excess of your insured's policy limits. Our co-counsel in this matter, Mark Osherow, previously offered to settle this matter for your insured's policy limits. Therefore, Florida Lawyers Mutual is at risk of facing a Judgment in excess of your insureds' policy limits and a resultant bad faith claim. This puts your insureds and the "insurance company" in a precarious position. My experience has demonstrated that juries are not slow to bring back awards against attorneys, especially when they had every opportunity to have filed claims on behalf of Meryl and Norman Lanson."
THE MODUS OPERANDI OF THE DEFENDANTS WITH THE PROTECTION OF THE FLORIDA BAR IN ORDER TO PREVENT THE TWO INSURANCE COMPANIES FROM PAYING LEGTIMATE MALPRACTICE CLAIMS WAS TO INSURE THAT ATTORNEYS KOPPLOW, COOPER AND SALKIN WOULD NEVER BE PUNISHED AND THAT THE ATTORNEYS WHO REPRESENTED US WOULD NEVER BE ALLOWED TO PROCEED TO A JURY TRIAL BECAUSE OF THE POWER AND THREATS OF THE FLORIDA BAR
The defense, with the protection of the Florida Bar, and the insurance companies, Florida Lawyers Mutual and Great American, with the protection of the Florida Bar, had to do everything within their power to insure that our case never made it into the hands of
'³ Peter Bernhardt, Justus Reid's partner, sent a similar straightforward explanation as to Salkin's malpractice, to her attorney, Lewis Jack who represented(s) Great American Insurance Company, along with Elliot Scherker of the Greenberg Traurig firm, the Florida Bar's counsel of choice. The (mis)conduct of these attorneys is a given, with no threat of punishment, considering their connections to the Florida Bar and the protection they have received as a result of Salkin's connection to your insured's Koppiow and Cooper.
8 a jury." Damning circumstantial evidence shows how you got to each one of our attorneys, as outlined in the Trial By Proxy - The Debriefing, and made them withdraw.
The dilemma you are now faced with is that the attorney representing my husband and Baron's is attorney Mary Alice Gwynn, whom the Florida Bar is, and has been seeking disciplinary action. As a matter of fact, the Bar's pursuit has escalated since Ms. Gwynn was retained to represent my husband and Baron's. Again, Lauri Waldman Ross, who has engaged in criminal conduct during these proceedings, telephoned Bar prosecutor, Lorraine Christine Hoffmann, to complain about Mary Alice Gwynn; that telephone call evolved into a complaint, filed by the Florida Bar, against Ms. Gwynn, that reached all the way to a Grievance Committee without even a notice to Ms. Gwynn that a complaint was even filed.
Mary Alice Gwynn and I first met as a result of inapposite rulings in our case and the Walker bankruptcy proceeding (which Gwynn was involved in), presided over by the same bankruptcy Judge, Paul G. Hyman, Jr. Judge Hyman found "fraud on the court" against a creditor-elected Trustee for failing to disclose one connection in the Walker bankruptcy proceeding. Yet, in the Baron's bankruptcy, Judge Hyman said that no "fraud on the court" was perpetrated by attorneys Kopplow, Cooper and Salkin, despite the fact that they had sixty (60) undisclosed connections and/or conflicts of interest, and filed Affidavits, under the penalty of perjury swearing to none. Judge Hyman has a penchant for rewarding attorneys in the bankruptcy arena, even insofar as approving bonuses for what he deems "exemplary work." To that end, in an article in the Daily Business Review on October 12, 2009 entitled "Lawyer Compensation":
"In April, Chief U.S. Bankruptcy Judge, Paul G. Hyman, Jr. awarded Greenberg Traurig a $3.2 million bonus, citing the firm's "extraordinary" result for creditors.
Ms. Gwynn and I would probably have never crossed paths. God's intervention is so powerful and so righteous that HE had to insure that the "buck" (in every sense) stops here, with this case, and Gwynn's disciplinary proceedings; such discipline against Gwynn is as a result of her whitleblowing as to wrongdoing amongst attorneys in the "Judge Paul G. Hyman Bankruptcy Court." Judge Hyman is the complainant in Gwynn's disciplinary proceedings. Yet, Judge Hyman refuses to be deposed and or appear at Gwynn's Bar trial.'" Shame on you for intentionally and unconscionably causing such
" A comparison ofhow many legal malpractice cases are pursued and/or even make it to a jury trial vs. the amount of medical malpractice cases pursued that make it to a jury trial is a story unto itself. The statistics clearly show the overwhelming advantage and upper hand the attorneys maintain in pursuit of doctors, while the very same attorneys have the protection of their fraternity. My personal experience, investigation and findings, show that attorney malpractice/negligence are intentional acts to have property and rights transferred from unassuming innocent citizens to members of the legal profession and the judiciary, while doctors, for the most part, make mistakes that are unintentional.
" The Florida Bar has insured that Judge Hyman doesn't have to be deposed or appear at trial Such protection by the Florida Bar can only be seen as the fear of what would unfold during a deposition of Judge Hyman whereby his judicial misconduct would become overtly apparent as to his handling and
9 insurmountable damages to us and Ms. Gwynn just because you have the power to do so, power fueled by greed and corruption
The defendants, their counsel, Judge Jeri Beth Cohen, and you, along with the members of the Florida Bar Board of Governors, FLMIC, and Great American Insurance Company, through their agents, have played sport with me and my husband for an unimaginable decade and then some. Your legal abuse caused me to become disabled, requiring medication, therapy, and action in order just to seize each moment while pursuing justice against whom you refer to as the "Guardians of Democracy."
Baron's Stores, Inc. sued three attorneys for malpractice. The defense, provided by two insurance companies, have been assisted by employees of the Florida Bar, through acts of intimidation and coercion, directed at all counsels who represented Norman Lanson and Barons Stores, Inc. The objective has been to prevent the malpractice complaints from reaching a jury, and to that end, The Florida Bar has attacked Baron's Stores, Inc 's counsel to prevent continuous representation. Baron's Stores, Inc. has had to replace counsel four times during the course ofthis malpractice litigation. Great American Insurance Company and Florida Lawyers Mutual Insurance Company are jointly and severally liable by virtue of the joint defense raised by their respective insureds. Using The Florida Bar, an official arm of the Supreme Court of Florida, in this coercive and intimidating activity, violates Sherman Anti Trust, violates mail fraud using the Federal mails to proffer the intimidation, denies honest services and violates Federal RICO.
Enough is enough. The day of reckoning is here. My family and I have been deprived of the life we so carefully, conservatively, and conscientiously planned. We didn't take a risk on an investment with the likes of Madoff, Rothstein, Freeman, or any other attorney spearheading or involved in a Ponzi scheme. We had a sure thing when we hired attorneys under a contract to file a lawsuit on our behalf. All the professionals, your insureds, had to do was live up to their contract, or withdraw. They did neither. We trusted professionals we retained to perform their duties ethically, morally and legally, and they failed each perfonnance.
In addition to the Statewide Grand Jury to investigate corruption in South Florida, instituted by Governor Crist and Attorney General Bill McCollum, three South Florida lawmakers, Senators Dan Gelber and Nan Rich, and State Rep. Ari Porth are taking a general crackdown on public corruption one step further by introducing a bill that would make it a state crime for officials to hide financial interests or benefits received from others. The bill has been dubbed the "Restoring Faith in Public Office Act." Under it, the definition of official misconduct would be expanded to public servants who intentionally conceal any direct or indirect benefits given or promised to them or relatives.
rulings in the way he conducted "fraud on the court" hearings regarding the Walker and Baron's bankruptcy matters.
10 You can never give us back the years you stole from us; those are gone forever. But the time has come for you to hear and read exactly what our lives have been like while under attack by you.
In January, 1994, when we hired your insureds, attorneys Kopplow and Cooper, my husband and I were worth millions of dollars; we lived in a multi-million dollar home, drove expensive cars, had investments, had insurance policies, had provisions for our son's education, gave generously and often to charities, family and friends, travelled, entertained, were a healthy and active couple living the American dream - because we worked hard for it - just a small peek into our lives.
In July, 1997, when we hired attorney Salkin, we still had a positive net worth of millions of dollars, still lived in our beautiful home, still drove nice cars, still had some investments, still provided for our son's education, still gave to charities, but less, and not as often, still helped family and friends, when we could, were healthy. Our debts were a small mortgage on our home and payments on our cars. We had the highest credit rating possible, paid our taxes in full, always; the community relied on us and respected us for our hard work, our humbleness and for sharing with those less fortunate - another peek at a subsequent time of our lives.
Now, in 2010, after having to endure sixteen years of abuse and illegalities of the legal profession and the judiciary, my seventy-eight year old wonderful husband, of thirty years, and our nineteen year old son, and I have been renting homes for more than ten years, have been sharing cars, have liquidated all of our investments, have gone without and/or reduced insurance, have no provisions for our son's college education, still give what we can, and get by month by month because of our family and friends; financial support they have given us to right this terrible wrong; we owe creditors, we owe the Internal Revenue Service, and we lost the impeccable credit rating we maintained for most of our thirty years together, and the decades that preceded those years. My health has drastically deteriorated; Norman needs dental and medical care that is unaffordable to us. These unbelievable turn of events occurred by no fault of ours, other than trusting officers of the court, and the courts. Everything we lost squarely, directly, and absolutely is because of everything you have done to us and everything you have put us through.
I demand that the games you have played with our lives end immediately. I demand that you all "Mea Culpa" your wrongdoings to the appropriate state and federal authorities, the Third District Court of Appeal, and the Florida Supreme Court. I demand that you be held accountable for your intentional misconduct and your criminal acts. I demand the financial damages due us from the insurance carriers, and all of you, jointly and severally be settled. "
'6 A message to attorneys, Elliot Scherker, and the firm of Greenberg Traurig, and Lewis N. Jack, Jr., and the firm ofJosephs Jack: I demand that you contact Great American Insurance Company immediately and tell them to back off on trying to collect costs from us; costs that you managed to secure as a result of engaging in collusive, conspiratorial conduct with all other counsel, and Judge Jeri Beth Cohen.
11 Recently, Tiger Woods gave as good and simple an explanation of how he lost his way. He said, "I felt that I had worked hard my entire life and deserved to enjoy all the temptations around me. I felt I was entitled. Thanks to money and fame, I didn't have to go far to fmd them. I was wrong. I was foolish. I don't get to play by different rules. The same boundaries that apply to everyone apply to me. I brought this shatne upon myself." It took the revelation of Tiger Woods to make him realize and admit that he doesn't get to play by different rules. NEITHER DO ANY OF YOU!
Please make arrangements for me to address the Board of Governors of the Florida Bar at their next meeting as well as the Board of Directors of Florida Lawyers Mutual Insurance Company.
Very truly rg
Meryl M. Lanson
Copies of all correspondence referred to in this letter are available to all parties upon request.
cc: All members ofthe Board ofGovernors ofthe Florida Bar All directors ofthe Board ofFlorida Lawyers Mutual Insurance Company Special Agent in Charge, John Gillies, Federal Bureau of Investigation Mr. Daniel Auer - Internal Revenue Service . Governor Charlie Crist General Counsel to Governor Crist, Robert Wheeler Attorney General Bill McCollum Special Prosecutor for the Statewide Grand Jury, William Shepherd Insurance Commissioner Alex Sink State Senator Paula Dockery Hon. Marco Rubio State Senator Dan Gelber State Senator Nan Rich State Rep. Ari Porth Mr. Carl H. Lindner, III, President, Great American Insurancç Company Ms. Sally L Field, President, Great American Professional Liability Division Mr. Carter L. Hampton, Sr. V.P., Great American Professional Liability Division Media
Contact:
561-488-2740 - Home 561-488-7678 - Office 561-488-2861 - Facsimile mlanson(älbellsouth.net
12 From: Meryl Lanson < [email protected]> Sent: Wednesday, April 21, 2010 11:35 AM To: [email protected] Cc: [email protected] Subject: Your response to me dated April 12, 2010 Attachments: Cover Letter to the Judges-scanned 7-22-09.pdf; Trial By Proxy-The Debriefing scanned 722-09.pdf
Importance: High
Dear Mr. Campbell:
On March 10, 2010 you were provided with a copy of the letter that was sent to John Harkness, Esq. Contained within that letter was reference to the Trial By Proxy - The Debriefinq - The Undisclosed Truth About What Really Happened to Baron's Stores, Inc., which was sent, via electronic mail on August 10, 2009, to all the members of the Board of Governors of The Florida Bar. I have been preparing a reply to your response to me, dated April 12, 2010, which has been sent to you today, via U.S. Mail. To confirm that you did indeed receive the Trial By Proxy...... back in August, 2009, I checked the original mailing and saw that you were not a recipient. I must assume that you were not a member of the Board of Governors at that time.
In order for you to be on equal footing with all other members of The Florida Bar Board of Governors, I have attached the cover letter to Judges Paul G. Hyman, Jr., Chief Bankruptcy Judge, Southern District of Florida, Norman S. Gerstein, Gill S. Freeman, and Herbert Stettin. Also attached please find the "Trial By Proxy - The Debriefing," the Undisclosed Truth About What Really Happened to Baron's Stores, Inc. The Trial By Proxy was written as a debriefing therapy recommended by Dr. Karin Huffer, as a result of the disability I suffer from because of the conflicts and corruption that revolve around this protracted legal malpractice litigation. This Debriefing began after I was released from Fair Oaks facility in Delray Beach, Florida, where I was involuntarily Baker acted on May 27, 2009, because of what The Florida Bar, its members, and certain rogue judges, have put me, my family and our corporation, Baron's Stores, Inc. through. I urge you to read the document in its entirety. I ask that you pay particular attention to Pages 60 through 66 - The Jeri Beth Cohen Court. To date, in addition to the Service List, at the end of the TBP, the documents were also filed in the Eleventh Circuit in and for Miami Dade County, the Third District Court of Appeal, and have been copyrighted at the United States Copyright Office in Washington, D.C. The letter and Exhibits that you receive via U.S. Mail this week will update you even more, and, hopefully will remind you that I reached out to you more than ten years ago while you were a member of the Florida Legislature. Under separate cover, I am also going to send you the Report and Request for ADA Accommodations prepared by Karin Huffer, M.S., M.F.T. I have been recognized as a disabled litigant by the ADA Access Coordinator, and I am protected under the ADA/ADAAA.
I trust that after you have reviewed all the documents you will contact me to set up an in person meeting.
Sincerely, Meryl M. Lanson 18652 Ocean Mist Drive Boca Raton, Florida 33498
561-488-2740 Home 561-488-7678 Office 561-488-2861 Facsimile 1 18652 Ocean Mist Drive Boca Raton, Florida 33498
April 21, 2010
Walter G. Campbell, Esq. CERTIFIED MAIL Krupnick Campbell Malone, et al. RETURN RECEIPT REQUESTED 12 Southeast 7th Street Suite 801 Fort Lauderdale, Florida 33301-3426
Re: Letter dated March 10, 2010 to John F. Harkness, Esq., Executive Director of The Florida Bar and Board Member ofFlorida Lawyers Mutual Insurance Company
Dear Mr. Campbell:
I cannot stress enough to you the importance of reading the attachments to my e- mail sent to you this morning, Trial By Proxy - The Debriefing - The Undisclosed Truth About What Really Happened to Baron's Stores. Inc. This document serves as the manuscript of how unchecked power of The Florida Bar has destroyed the lives of my family, and brought down a fifty-two year old family men's clothing chain, Baron's Stores, Inc. because of greed and corruption of members of the non-profit Florida Bar who are also insured owners of the for-profit Florida Lawyers Mutual Insurance Company.
As mentioned in my e-mail, I urged you to read the Trial By Proxy in its entirety, and asked that you pay particular attention to Pages 60 through 66 - The Jeri Beth Cohen Court. In that regard, I have enclosed a copy of the Criminal Complaint that was filed with the Federal Bureau of Investigation, on November 13, 2009, and, was forwarded to the Department ofJustice by Special Agent Danik, Exhibit 1.
The March 10, 2010 letter to John Harkness, Esq., copies to the entire Board of Governors of The Florida Bar, amongst others on the Service List, clearly stated my request to appear before the Board of Governors at their next Board meeting, Exhibit 2. The reasons for my request should be abundantly clear to all the members who serve on the Board of Governors, whose responsibility is to protect the public from unethical and unlawful members of The Florida Bar, in their role as the "Guardians of Democracy." Mr. Campbell, in order to familiarize yourself with my situation, I strongly urge you to again read the enclosed copy of the March 10, 2010 letter, in addition to the Trial By Proxy...... I hope and trust that you will read the contents of both in its entirety. Mr. Campbell, you should have been privy to this matter since as early as 1999, when you were a Florida State Senator, as shown on numerous pieces of correspondence sent to you in your position, not only as a State Senator, but as a member of the State's Judiciary Committee, Exhibit 3.
As you will note, from Exhibit 3, in 1999 I started a 501(c)(3) foundation, Victims of The System; in 2007, I founded another 501(c)(3) foundation, Legal Victim Assistance Project. These non-profit organizations are a result ofwhat I, and others, have had to endure at the hands of corrupt officials and their brethren. I implore you to read all of my documentation, so that you will finally understand the travesty we have been going through by an out of control Bar, and judiciary, who should have been reigned in a long time ago, but for the fact that all those in power failed to do the right thing, and turned the other way.¹
I sincerely pray that you read the Report and Request for Accommodations, pursuant to the ADA, Title II, prepared by Dr. Karin Huffer on my behalf, Exhibit 4. I have no doubt, that a distinguished lawyer, as yourself, would finally understand the emotional and financial damages we have suffered as a result of the negligence, the cover-ups and the criminality involving The Florida Bar, its connected and protected members, its sponsored and created malpractice carrier, Florida Lawyers Mutual Insurance Company, and a number of rogue judges, no different than the ones that were taken down in the 1990's during Operation Court Broom.
Furthermore, our litigation is directly interwoven with the Florida Bar's unrelenting pursuit of Mary Alice Gwynn's law license. Ms. Gwynn is the counsel for my husband, Norman, and our corporation, Baron's Stores, Inc. Ms. Gwynn has been a target of The Florida Bar because she is a whistle blower lawyer. Instead of protecting Ms. Gwynn and commending her for abiding by the Rules Regulating The Florida Bar, and upholding her Oath, by reporting misconduct of lawyers and judges, The Florida Bar has been on a mission to destroy the career of an honorable and conscientious lawyer; such pursuit of Ms. Gwynn's license escalated after she began representing my husband and Baron's, in April, 2008. The Bar's dual objective in the pursuit against Ms. Gwynn is to revoke her Bar license while leaving us, once again, without counsel.
' Harry Markopolos was complaining about Bernard Madoffto the SEC and other regulatory agencies for more than ten years. The SEC and the other agencies and their representatives turned the other way until Bernard Madoff turned himself in. All the victims of Madoffprobably would never have suffered anywhere near the amount ofdamages they did had those in power done what they were appointed and elected to do.
2 Finally, please take the time and look at Mr. Lesley Winston's2 website, Disbar The Florida Bar, at www.disbarthefloridabar.com; I have attached, to this letter, a copy of the Ad placed in the Miami Daily Business Review urging the public to listen to the radio show hosted by Mr. Winston on 880 AM, The Biz - "Disbar The Florida Bar," from 2:00 to 3:00 P.M. Monday thru Friday. I will be a guest on the show the week ofApril 25*.
I am looking forward to meeting you, as a Board of Governor representative of The Florida Bar, in hopes of exploring a resolution to this travesty in the best interests of all involved.
Very tru
Meryl . Lanson
Enclosures: As stated herein ec: Mary Alice Gwynn, Esq.
2 Mr. Winston is also a Director ofBaron's Stores, Inc.
3 From: WALTER G. CAMPBELL, JR.
i don't know what this about. please advise
From: Meryl Lanson [mailto:[email protected]] Sent: Monday, April 12, 2010 11:48 AM To: WALTER G. CAMPBELL, JR. Cc: [email protected] Subject: My Request
Dear Mr. Campbell:
My request is an in-person meeting with you as soon as possible.
Thank you.
Meryl M. Lanson
1 From: Meryl Lanson
Importance: High
Dear Mr. Campbell:
On March 10, 2010 you were provided with a copy of the letter that was sent to John Harkness, Esq. Contained within that letter was reference to the Trial By Proxy - The Debriefing - The Undisclosed Truth About What Really Happened to Baron's Stores, Inc., which was sent, via electronic mail on August 10, 2009, to all the members of the Board of Governors of The Florida Bar. I have been preparing a reply to your response to me, dated April 12, 2010, which has been sent to you today, via U.S. Mail. To confirm that you did indeed receive the Trial By Proxy...... back in August, 2009, I checked the original mailing and saw that you were not a recipient. I must assume that you were not a member of the Board of Governors at that time.
In order for you to be on equal footing with all other members of The Florida Bar Board of Governors, I have attached the cover letter to Judges Paul G. Hyman, Jr., Chief Bankruptcy Judge, Southern District of Florida, Norman S. Gerstein, Gill S. Freeman, and Herbert Stettin. Also attached please find the "Trial By Proxy - The Debriefing," the Undisclosed Truth About What Really Happened to Baron's Stores, Inc. The Trial By Proxy was written as a debriefing therapy recommended by Dr. Karin Huffer, as a result of the disability I suffer from because of the conflicts and corruption that revolve around this protracted legal malpractice litigation. This Debriefing began after I was released from Fair Oaks facility in Delray Beach, Florida, where I was involuntarily Baker acted on May 27, 2009, because of what The Florida Bar, its members, and certain rogue judges, have put me, my family and our corporation, Baron's Stores, Inc. through.
I urge you to read the document in its entirety. I ask that you pay particular attention to Pages 60 through 66 - The Jeri Beth Cohen Court. To date, in addition to the Service List, at the end of the TBP, the documents were also filed in the Eleventh Circuit in and for Miami Dade County, the Third District Court of Appeal, and have been copyrighted at the United States Copyright Office in Washington, D.C.
The letter and Exhibits that you receive via U.S. Mail this week will update you even more, and, hopefully will remind you that I reached out to you more than ten years ago while you were a member of the Florida Legislature. Under separate cover, I am also going to send you the Report and Request for ADA Accommodations prepared by Karin Huffer, M.S., M.F.T. I have been recognized as a disabled litigant by the ADA Access Coordinator, and I am protected under the ADA/ADAAA.
I trust that after you have reviewed all the documents you will contact me to set up an in person meeting.
Sincerely, Meryl M. Lanson 18652 Ocean Mist Drive Boca Raton, Florida 33498
561-488-2740 Home 561-488-7678 Office 561-488-2861 Facsimile 1 [email protected]
2 From: WALTER G. CAMPBELL, JR.
I thought you had an appt
Sent from my iPhone
On Apr 21, 2010, at 10:47 AM, "Meryl Lanson"
> Dear Mr. Campbell:
> On March 10, 2010 you were provided with a copy of the letter that > was sent > to John Harkness, Esq. Contained within that letter was reference > to the > Trial By Proxy - The Debriefing - The Undisclosed Truth About What > Really > Happened to Baron's Stores, Inc., which was sent, via electronic > mail on > August 10, 2009, to all the members of the Board of Governors of The > Florida > Bar. I have been preparing a reply to your response to me, dated > April 12, > 2010, which has been sent to you today, via U.S. Mail. To confirm > that you > did indeed receive the Trial By Proxy...back in August, 2009, I > checked the > original mailing and saw that you were not a recipient. I must > assume that > you were not a member of the Board of Governors at that time.
> In order for you to be on equal footing with all other members of The > Florida Bar Board of Governors, I have attached the cover letter to > Judges > Paul G. Hyman, Jr., Chief Bankruptcy Judge, Southern District of > Florida, > Norman S. Gerstein, Gill S. Freeman, and Herbert Stettin. Also > attached > please find the "Trial By Proxy - The Debriefing," the Undisclosed
1 > Truth > About What Really Happened to Baron's Stores, Inc.
> The Trial By Proxy was written as a debriefing therapy recommended > by Dr. > Karin Huffer, as a result of the disability I suffer from because of > the > conflicts and corruption that revolve around this protracted legal > malpractice litigation. This Debriefing began after I was released > from > Fair Oaks facility in Delray Beach, Florida, where I was > involuntarily Baker > acted on May 27, 2009, because of what The Florida Bar, its members, > and > certain rogue judges, have put me, my family and our corporation, > Baron's > Stores, Inc. through.
> I urge you to read the document in its entirety. I ask that you pay > particular attention to Pages 60 through 66 - The Jeri Beth Cohen > Court. To > date, in addition to the Service List, at the end of the TBP, the > documents > were also filed in the Eleventh Circuit in and for Miami Dade > County, the > Third District Court of Appeal, and have been copyrighted at the > United > States Copyright Office in Washington, D.C.
> The letter and Exhibits that you receive via U.S. Mail this week > will update > you even more, and, hopefully will remind you that I reached out to > you more > than ten years ago while you were a member of the Florida Legislature. > Under separate cover, I am also going to send you the Report and > Request for > ADA Accommodations prepared by Karin Huffer, M.S., M.F.T. I have been > recognized as a disabled litigant by the ADA Access Coordinator, and > I am > protected under the ADA/ADAAA.
> I trust that after you have reviewed all the documents you will > contact me > to set up an in person meeting.
2 > Sincerely,
> Meryl M. Lanson
> 18652 Ocean Mist Drive
> Boca Raton, Florida 33498
> 561-488-2740 Home
> 561-488-7678 Office
> 561-488-2861 Facsimile
>
3 From: Meryl Lanson
Importance: High
Mr. Campbell:
No one ever got back to me to set up an appointment with you. I would appreciate if that would be done.
Thank you.
Meryl M. Lanson
--Original Message----- From: WALTER G. CAMPBELL, JR. [mailto:[email protected]] Sent: Wednesday, April 21, 2010 12:17 PM To: Meryl Lanson Subject: Re: Your response to me dated April 12, 2010
I thought you had an appt
Sent from my iPhone
On Apr 21, 2010, at 10:47 AM, "Meryl Lanson"
> Dear Mr. Campbell:
> On March 10, 2010 you were provided with a copy of the letter that > was sent > to John Harkness, Esq. Contained within that letter was reference > to the > Trial By Proxy - The Debriefing - The Undisclosed Truth About What > Really > Happened to Baron's Stores, Inc., which was sent, via electronic > mail on > August 10, 2009, to all the members of the Board of Governors of The > Florida > Bar. I have been preparing a reply to your response to me, dated > April 12, > 2010, which has been sent to you today, via U.S. Mail. To confirm
1 > that you > did indeed receive the Trial By Proxy...back in August, 2009, I > checked the > original mailing and saw that you were not a recipient. I must > assume that > you were not a member of the Board of Governors at that time.
> In order for you to be on equal footing with all other members of The > Florida Bar Board of Governors, I have attached the cover letter to > Judges > Paul G. Hyman, Jr., Chief Bankruptcy Judge, Southern District of > Florida, > Norman S. Gerstein, Gill S. Freeman, and Herbert Stettin. Also > attached > please find the "Trial By Proxy - The Debriefing," the Undisclosed > Truth > About What Really Happened to Baron's Stores, Inc.
> The Trial By Proxy was written as a debriefing therapy recommended > by Dr. > Karin Huffer, as a result of the disability I suffer from because of > the > conflicts and corruption that revolve around this protracted legal > malpractice litigation. This Debriefing began after I was released > from > Fair Oaks facility in Delray Beach, Florida, where I was > involuntarily Baker > acted on May 27, 2009, because of what The Florida Bar, its members, > and > certain rogue judges, have put me, my family and our corporation, > Baron's > Stores, Inc. through.
> I urge you to read the document in its entirety. I ask that you pay > particular attention to Pages 60 through 66 - The Jeri Beth Cohen > Court. To > date, in addition to the Service List, at the end of the TBP, the > documents > were also filed in the Eleventh Circuit in and for Miami Dade > County, the > Third District Court of Appeal, and have been copyrighted at the > United > States Copyright Office in Washington, D.C.
2 > The letter and Exhibits that you receive via U.S. Mail this week > will update > you even more, and, hopefully will remind you that I reached out to > you more > than ten years ago while you were a member of the Florida Legislature. > Under separate cover, I am also going to send you the Report and > Request for > ADA Accommodations prepared by Karin Huffer, M.S., M.F.T. I have been > recognized as a disabled litigant by the ADA Access Coordinator, and > I am > protected under the ADA/ADAAA.
> I trust that after you have reviewed all the documents you will > contact me > to set up an in person meeting.
> Sincerely,
> Meryl M. Lanson
> 18652 Ocean Mist Drive
> Boca Raton, Florida 33498
> 561-488-2740 Home
> 561-488-7678 Office
> 561-488-2861 Facsimile
>
3 From: Meryl Lanson
Importance: High
Special Agent Danik:
Walter "Skip" Campbell is a member of the Board of Governors of The Florida Bar. He was the only member, aside from President Jesse Diner, who responded to the letter sent to John Harkness on March 10, 2010. Mr. Diner refuses to allow me to appear before the Board of Governors during his tenure as President which expires June, 2010. He made that decision unilaterally, as he said he has the power to do so. I have had a number of back and forth communications with Mr. Campbell, and I trust that he will follow through with the appointment he thought I already was given to meet with him. The original of the attached letter, along with the Exhibits referred to, were hand delivered to Mr. Campbell's office this morning in Fort Lauderdale. The Exhibits are identical to the ones sent to Senator Bill Nelson. A copy of that entire package is in the mail to you.
Finally, as you will note from my letter to Mr. Campbell, and the Exhibits, Mr. Campbell was a member of the Florida Legislature, serving as a State Senator, during the initial time of the discovery of the conflicted and corrupted relationship between The Florida Bar and its created carrier, Florida Lawyers Mutual insurance Company. Furthermore, Mr. Campbell ran for Attorney General of the State of Florida in 2006, on the Democrat ticket, and lost to the incumbent Bill McCollum. Meryl M. Lanson
1 From: Meryl Lanson
Importance: High
Mr. Campbell:
I was expecting to hear back from you regarding your belief that I already had an appointment scheduled.
Please advise a convenient date for us to meet. I await your response.
Thank you.
Meryl M. Lanson
----Original Message--- From: WALTER G. CAMPBELL, JR. [mailto:[email protected]] Sent: Wednesday, April 21, 2010 12:17 PM To: Meryl Lanson Subject: Re: Your response to me dated April 12, 2010
I thought you had an appt
Sent from my iPhone
On Apr 21, 2010, at 10:47 AM, "Meryl Lanson"
> Dear Mr. Campbell:
> On March 10, 2010 you were provided with a copy of the letter that > was sent > to John Harkness, Esq. Contained within that letter was reference > to the > Trial By Proxy - The Debriefing - The Undisclosed Truth About What > Really > Happened to Baron's Stores, Inc., which was sent, via electronic > mail on > August 10, 2009, to all the members of the Board of Governors of The > Florida > Bar. I have been preparing a reply to your response to me, dated
1 > April 12, > 2010, which has been sent to you today, via U.S. Mail. To confirm > that you > did indeed receive the Trial By Proxy...back in August, 2009, I > checked the > original mailing and saw that you were not a recipient. I must > assume that > you were not a member of the Board of Governors at that time.
> In order for you to be on equal footing with all other members of The > Florida Bar Board of Governors, I have attached the cover letter to > Judges > Paul G. Hyman, Jr., Chief Bankruptcy Judge, Southern District of > Florida, > Norman S. Gerstein, Gill S. Freeman, and Herbert Stettin. Also > attached > please find the "Trial By Proxy - The Debriefing," the Undisclosed > Truth > About What Really Happened to Baron's Stores, Inc.
> The Trial By Proxy was written as a debriefing therapy recommended > by Dr. > Karin Huffer, as a result of the disability I suffer from because of > the > conflicts and corruption that revolve around this protracted legal > malpractice litigation. This Debriefing began after I was released > from > Fair Oaks facility in Delray Beach, Florida, where I was > involuntarily Baker > acted on May 27, 2009, because of what The Florida Bar, its members, > and > certain rogue judges, have put me, my family and our corporation, > Baron's > Stores, Inc. through.
> I urge you to read the document in its entirety. I ask that you pay > particular attention to Pages 60 through 66 - The Jeri Beth Cohen > Court. To > date, in addition to the Service List, at the end of the TBP, the > documents > were also filed in the Eleventh Circuit in and for Miami Dade > County, the > Third District Court of Appeal, and have been copyrighted at the > United > States Copyright Office in Washington, D.C.
2 > The letter and Exhibits that you receive via U.S. Mail this week > will update > you even more, and, hopefully will remind you that I reached out to > you more > than ten years ago while you were a member of the Florida Legislature. > Under separate cover, I am also going to send you the Report and > Request for > ADA Accommodations prepared by Karin Huffer, M.S., M.F.T. I have been > recognized as a disabled litigant by the ADA Access Coordinator, and > I am > protected under the ADA/ADAAA.
> I trust that after you have reviewed all the documents you will > contact me > to set up an in person meeting.
> Sincerely,
> Meryl M. Lanson
> 18652 Ocean Mist Drive
> Boca Raton, Florida 33498
> 561-488-2740 Home
> 561-488-7678 Office
> 561-488-2861 Facsimile
>
3 From: Meryl Lanson < [email protected]> Sent: Tuesday, May 04, 2010 12:14 PM To: 'WALTER G. CAMPBELL, JR.' Cc: [email protected] Subject: Disappointment
Importance: High
Dear Mr. Campbell:
I am greatly disappointed that you communicated with me a few times, appearing genuinely concerned about our situation and The Florida Bar Board of Governors involvement in it; a Board of which you occupy a seat. On April 22, 2010 a package of documents was Hand-Delivered to you at your Fort Lauderdale office. Ever since you received that package you abruptly stopped communicating with me. Needless to say, I am very disappointed, in that I had hopes that you would have taken the higher road. This morning, I read a quote by you in the Sun-Sentinel regarding the lawsuit that will be filed by you on behalf of Gulf shrimp and oyster farmers. According to Campbell, "the unfolding environmental calamity spells the end of a way of life for those who make their living harvesting gulf shrimp and oysters." Mr. Campbell, the end of the way of life that we knew, and worked hard to protect to secure our future and that of our son, family and our two hundred employees, ended the day the organization you belong to, the non for profit Florida Bar, conspired, colluded and covered-up the wrongdoing and crimes of certain of their connected members in order to protect the interests of their for-profit malpractice insurance company, Florida Lawyers Mutual Insurance Company. To quote John Gillies statement in the press last week regarding Debra Villegas and her involvement in the Rothstein scheme:
"She should have turned in her boss for his crimes. We sometimes must make tough choices in our lives, and in this case Debra Villegas made the wrong choice," Gillies said. "She could have done the right thing and reported Rothstein's fraud to law enforcement, but instead she assisted him in carrying out the scheme. She chose greed over her integrity and now she will have to pay the price for her actions."
I truly thought you were a man of integrity and would have done the right thing and either urged your fellow Board members to come forward with you in doing the right thing or having the courage to go it alone. Meryl M. Lanson
1 From: WALTER G. CAMPBELL, JR.
CALL MY ASSISTANT. | TOLD HER TO INFORM YOU THAT I CAN'T GIVE ANY ASSUARACES THAT | CAN DO ANYTHING BUT I ALWAYS FEEL THAT MAYBE SOMETHING IS MISSED
From: Meryl Lanson [mailto:[email protected]] Sent: Tuesday, May 04, 2010 12:14 PM To: WALTER G. CAMPBELL, JR. Cc: [email protected] Subject: Disappointment Importance: High
Dear Mr. Campbell:
I am greatly disappointed that you communicated with me a few times, appearing genuinely concerned about our situation and The Florida Bar Board of Governors involvement in it; a Board of which you occupy a seat. On April 22, 2010 a package of documents was Hand-Delivered to you at your Fort Lauderdale office. Ever since you received that package you abruptly stopped communicating with me. Needless to say, I am very disappointed, in that I had hopes that you would have taken the higher road.
This morning, I read a quote by you in the Sun-Sentinel regarding the lawsuit that will be filed by you on behalf of Gulf shrimp and oyster farmers.
According to Campbell, "the unfolding environmental calamity spells the end of a way of life for those who make their living harvesting gulf shrimp and oysters." Mr. Campbell, the end of the way of life that we knew, and worked hard to protect to secure our future and that of our son, family and our two hundred employees, ended the day the organization you belong to, the non for profit Florida Bar, conspired, colluded and covered-up the wrongdoing and crimes of certain of their connected members in order to protect the interests of their for-profit malpractice insurance company, Florida Lawyers Mutual Insurance Company. To quote John Gillies statement in the press last week regarding Debra Villegas and her involvement in the Rothstein scheme:
"She should have turned in her boss for his crimes. We sometimes must make tough choices in our lives, and in this case Debra Villegas made the wrong choice," Gillies said. "She could have done the right thing and reported Rothstein's fraud to law enforcement, but instead she assisted him in carrying out the scheme. She chose greed over her integrity and now she will have to pay the price for her actions."
I truly thought you were a man of integrity and would have done the right thing and either urged your fellow Board members to come forward with you in doing the right thing or having the courage to go it alone. Meryl M. Lanson
1 From: Meryl Lanson
Mr. Campbell:
Thank you. I will call in the morning.
Meryl M. Lanson
From: "WALTER G. CAMPBELL, JR."
CALL MY ASSISTANT. I TOLD HER TO INFORM YOU THAT | CAN'T GIVE ANY ASSUARACES THAT | CAN DO ANYTHING BUT I ALWAYS FEEL THAT MAYBE SOMETHING IS MISSED
From: Meryl Lanson [mailto:[email protected]] Sent: Tuesday, May 04, 2010 12:14 PM To: WALTER G. CAMPBELL, JR. Cc: [email protected] Subject: Disappointment Importance: High
Dear Mr. Campbell:
I am greatly disappointed that you communicated with me a few times, appearing genuinely concerned about our situation and The Florida Bar Board of Governors involvement in it; a Board of which you occupy a seat. On April 22, 2010 a package of documents was Hand-Delivered to you at your Fort Lauderdale office. Ever since you received that package you abruptly stopped communicating with me. Needless to say, I am very disappointed, in that I had hopes that you would have taken the higher road.
This morning, I read a quote by you in the Sun-Sentinel regarding the lawsuit that will be filed by you on behalf of Gulf shrimp and oyster farmers.
According to Campbell , "the unfolding environmental calamity spells the end of a way of life for those who make their living harvesting gulf shrimp and oysters."
Mr. Campbell, the end of the way of life that we knew, and worked hard to protect to secure our future and that of our son, family and our two hundred employees, ended the day the organization you belong to, the non for profit Florida Bar, conspired, colluded and covered-up the wrongdoing and crimes of certain of their connected members in order to protect the interests of their for-profit malpractice insurance company, Florida Lawyers Mutual Insurance Company. To quote John Gillies statement in the press last week regarding Debra Villegas and her involvement in the Rothstein scheme:
"She should have turned in her boss for his crimes. We sometimes must make tough choices in our lives, and in this case Debra Villegas made the 1 wrong choice," Gillies said. "She could have done the right thing and reported Rothstein's fraud to law enforcement, but instead she assisted him in carrying out the scherne. She chose greed over her integrity and now she will have to pay the price for her actions."
I truly thought you were a man of integrity and would have done the right thing and either urged your fellow Board members to come forward with you in doing the right thing or having the courage to go it alone. Meryl M. Lanson
2 From: WALTER G. CAMPBELL, JR.
From: Meryl Lanson [mailto:[email protected]] Sent: Thursday, June 03, 2010 7:59 AM To: WALTER G. CAMPBELL, JR. Cc: [email protected]; [email protected] Subject: Follow-up to our May 25, 2010 Meeting
Dear Senator Campbell:
Following up on our May 25, 2010 meeting held at your office, attached please find three letters, all of which I apprized you of during our meeting:
1) August 22, 2000 letter from Jack Scarola regarding his withdrawal from representing us.
2) March 29, 2001 letter from Gerald Richman, after our meeting with him to discuss his possible representation and to also apprize him of the relationship between John Harkness' role as Executive Director of The Florida Bar and as a member of the Board of Directors of Florida Lawyers Mutual Insurance Company, and the conflict engendered therein.
3) May 1, 2002 letter from Justus Reid to Phillip Disque which was prompted by Mr. Disque's (Treasurer of FLMIC) inquiry as to the merits of our legal malpractice claim against FLMIC's insureds.
Again, thank you very much for meeting with us. I sincerely do hope that you can play a role in resolving this long protracted battle causing us financial ruin, which could have been and should have been prevented.
Respectfully,
Meryl M. Lanson
Mary Alice Gwynn P.A. 805 George Bush Blvd Delray Beach, Fl. 33483 Phone: 561-330-0633 Fax: 561-330-8778 E-Mail: [email protected]
2 From: Jesse Diner
Ms. Lanson,
I sent you the prior email again yesterday. Perhaps, you should check with your email provider if you are not receiving all of your emails because I find it very hard to believe you twice didn't receive my communication .
It is the President who sets the agenda for Board of Governors' meetings and not the Executive Committee. So, the use of the singular pronoun was entirely proper.
Jesse Diner
From: Meryl Lanson [mailto:[email protected]] Sent: Saturday, April 10, 2010 1:50 PM To: Jesse Diner Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Your Denial of My Appearance Before The Florida Bar Board of Governors Importance: High
Mr. Diner: As you used the singular pronoun in your denial of my appearance before The Florida Bar Board of Governors, could you please provide me, in writing, that the Executive Committee of The Florida Bar, collectively, denied me an appearance before it? Furthermore, please provide me with a copy of the e-mail you claimed you sent me a couple of weeks ago, as i never received it, or anything from any member of The Florida Bar Board of Governors. Thank you. Meryl M. Lanson
-----Original Message----- From: Jesse Diner [mailto:[email protected]] Sent: Thursday, April 08, 2010 4:54 PM To: [email protected] Subject: Re: Still haven't heard from you.
Ms. Lanson,
I emailed you a couple of weeks ago. I am not in agreement with your request to appear before the Board.
Jesse Diner Jesse Diner, Esq. [email protected] Atkinson, Diner, Stone, Mankuta & Ploucha, P.A. 1 One Financial Plaza, Suite 1400 100 SE Third Avenue Fort Lauderdale, FL 33394 Phone 954-925-5501 Fax 954-920-2711 www.atkinson-diner.com
To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of(a) avoiding tax-related penalties imposed under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail or by telephone collect at 954-925-5501 and delete the original message. Thank you. ----- Original Message ----- From: Meryl Lanson
Dear Mr. Diner:
As President of The Florida Bar, I urged you not to ignore my request to appear before the Board of Governors of The Florida Bar. But, you have.
Please contact me as soon as possible.
Meryl M. Lanson
561-488-2740
2 From: Jesse Diner
Ms. Lanson,
I sent you the prior email again yesterday. Perhaps, you should check with your email provider if you are not receiving all of your emails because I find it very hard to believe you twice didn't receive my communication .
It is the President who sets the agenda for Board of Governors' meetings and not the Executive Committee. So, the use of the singular pronoun was entirely proper.
Jesse Diner
From: Meryl Lanson [mailto:[email protected]] Sent: Saturday, April 10, 2010 1:50 PM To: Jesse Diner Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Your Denial of My Appearance Before The Florida Bar Board of Governors Importance: High
Mr. Diner:
As you used the singular pronoun in your denial of my appearance before The Florida Bar Board of Governors, could you please provide me, in writing, that the Executive Committee of The Florida Bar, collectively, denied me an appearance before it?
Furthermore, please provide me with a copy of the e-mail you claimed you sent me a couple of weeks ago, as I never received it, or anything from any member of The Florida Bar Board of Governors. Thank you.
Meryl M. Lanson
-----Original Message---- From: Jesse Diner [mailto:[email protected]] Sent: Thursday, April 08, 2010 4:54 PM To: [email protected] Subject: Re: Still haven't heard from you.
Ms. Lanson,
I emailed you a couple of weeks ago. I am not in agreement with your request to appear before the Board.
Jesse Diner Jesse Diner, Esq. [email protected] Atkinson, Diner, Stone, Mankuta & Ploucha, P.A. 1 One Financial Plaza, Suite 1400 100 SE Third Avenue Fort Lauderdale, FL 33394 Phone 954-925-5501 Fax 954-920-271 1 www.atkinson-diner.com
To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (a) avoiding tax-related penalties imposed under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail or by telephone collect at 954-925-5501 and delete the original message. Thank you.
--- Original Message ----- From: Meryl Lanson
Dear Mr. Diner:
As President of The Florida Bar, I urged you not to ignore my request to appear before the Board of Governors of The Florida Bar. But, you have.
Please contact me as soon as possible.
Meryl M. Lanson
561-488-2740
2 From: Jesse Diner
Apology accepted. I was wondering why you hadn't received both prior emails. I am glad you solved the mystery.
Jesse Diner
From: Meryl Lanson [mailto:[email protected]] Sent: Saturday, April 10, 2010 2:44 PM To: Jesse Diner Cc: [email protected]; [email protected] Subject: RE: Your Denial of My Appearance Before The Florida Bar Board of Governors Importance: High
Mr. Diner:
Please accept my apologies, as I just checked my SPAM file and found your e-mail. Meryl M. Lanson -----Original Message--- From: Jesse Diner [mailto:[email protected]] Sent: Saturday, April 10, 2010 12:17 PM To: Meryl Lanson Subject: RE: Your Denial of My Appearance Before The Florida Bar Board of Governors
Ms. Lanson,
I sent you the prior email again yesterday. Perhaps, you should check with your email provider if you are not receiving all of your emails because I find it very hard to believe you twice didn't receive my communication .
It is the President who sets the agenda for Board of Governors' meetings and not the Executive Committee. So, the use of the singular pronoun was entirely proper.
Jesse Diner
From: Meryl Lanson [mailto:[email protected]] Sent: Saturday, April 10, 2010 1:50 PM To: Jesse Diner Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Your Denial of My Appearance Before The Florida Bar Board of Governors Importance: High
Mr. Diner:
1 As you used the singular pronoun in your denial of my appearance before The Florida Bar Board of Governors, could you please provide me, in writing, that the Executive Committee of The Florida Bar, collectively, denied me an appearance before it? Furthermore, please provide me with a copy of the e-mail you claimed you sent me a couple of weeks ago, as I never received it, or anything from any member of The Florida Bar Board of Governors. Thank you.
Meryl M. Lanson
-----Original Message----- From: Jesse Diner [mailto:[email protected]] Sent: Thursday, April 08, 2010 4:54 PM To: [email protected] Subject: Re: Still haven't heard from you.
Ms. Lanson,
I emailed you a couple of weeks ago. I am not in agreement with your request to appear before the Board.
Jesse Diner Jesse Diner, Esq. [email protected] Atkinson, Diner, Stone, Mankuta & Ploucha, P.A. One Financial Plaza, Suite 1400 100 SE Third Avenue Fort Lauderdale, FL 33394 Phone 954-925-5501 Fax 954-920-271 I www.atkinson-diner.com
To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, U.S. federal tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (a) avoiding tax-related penalties imposed under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail or by telephone collect at 954-925-5501 and delete the original message. Thank you.
----- Original Message ----- From: Meryl Lanson
Dear Mr. Diner:
As President of The Florida Bar, I urged you not to ignore my request to appear before the Board of Governors of The Florida Bar. But, you have.
2 Please contact me as soon as possible.
Meryl .M. Lanson
561-488-2740
3 COMPOSITE EXHIBIT
#3 From: Justus W. Reid
Thank you for the comments contained herein. One has to query whether the same people who invested in and control the ins co. have any input into what is or is not ethical conduct. Justus
--Original Message-- From: Meryl Lanson [mailto:[email protected]] Sent: Wednesday, February 20, 2002 9:28 AM To: Justus W. Reid; Peter Bernhardt; Mark Osherow Subject: Thoughts
Dear Justus, Peter and Mark,
Attached are some thoughts I had after the February 13, 2002 hearing.
Best,
Meryl.
1 From: Justus W. Reid
> Dear Meryl and Norman: > , > In the past I have mentioned to you that I have a personal relationship with an accountant, Phillip Disque, who is member of the boad of Florida Lawyers Mutual (FLM). Mr. Disque recently asked me to forward to him my perspective on this litigation. Attached is a copy of my proposed correspondence to Mr. Disque. I have no idea if this letter will bring about any offers from FLM. I also do not think that your claim will receive any preferential treatment from Mr. Disque because of his relationship with this firm. However, I feel confident that Mr. Disque will honestly evaluate FLM's risks. That in no way implies that I think that FLM will simply pay your claim, even if Mr. Disque concurs with our position. In the end, all insurance companies are in the business of collecting premiums and denying claims. However, given Les' recent comments and stated concerns about your financial condition, I think it is a good idea to keep the lines of communication open.
> So, please review my letter to Mr. Disque and let me know (i) if you even want me to correspond with him, (ii) whether you want me to change the letter, or (iii) if I should send the letter as is.
> Best Regards,
> Justus
1 From: Justus W. Reid
Meryl, filing an affidavit ( you didn't say where)will harm your case as it will do the following: signal to the other side that you are no longer going to rely on your attys, that you are desperate for a resolution immediately, that you are ready to break psychologically. Most of all the judge won't read it - if it was going to our judge-- and if he does read it he may recuse himself and we begin again and you don't want that. the only people that i have ever known who have done what you say you are going to do are 1.John MacArthur( elderlybillionaire from P.B. Shores-owned Bankers Life), 2. Ins agent Rivard who was shortly thereafter committed to 45th street mental facility for a brief stay. 3. Irv Goffman, economist who was caught giving weed to a prisoner in the county jail Thus, i strongly advise you not to do this. When the case is at issue, we will file a motion to expedite it based on the age of your beloved husband, Norman. Justus
-----Original Message----- From: Meryl Lanson [mailto:[email protected]] Sent: Friday, August 30, 2002 9:51 AM To: Justus W. Reid Cc: Peter Bernhardt; Mark Osherow Subject: Importance: High
Dear Justus,
Please review the Draft of the Affidavit that we are going to file so that you can perfect it.
We ARE emotionally suffering beyond comprehension and WE HAVE HAD ENOUGH.
As always, thank you.
Meryl.
DRAFT OF AFFIDAVIT
I am Meryl Lanson and I am presenting this Affidavit on behalf of my husband, Norman Lanson and Myself. We pray that the Court will hear the information contained in this Affidavit and act on it judiciously. My husband and I have two objectives in this matter - recovery of the monetary damages caused by the attorneys in this case, which is brought before this Court, and proper punishment of the attorneys in this case for ethical violations they have committed. The latter issue is being pursued in a separate action outside of this Court and is referenced in this Affidavit as information upon which your Honor may have comment, as a Jurist in Florida.
1 1) January, 1994 my husband retained Koppiow and Cooper to represent him in a lawsuit against our former accounting firm, Morrison, Brown, Argiz & Company.
2) November, 1995, Kopplow and Cooper filed the lawsuit against the accounting firm, days short of the statute of limitations expiring, and did not name Norman Lanson in the complaint lawsuit.
3) 1998 attorneys Koppiow and Cooper filed perjurious Affidavits in the Federal Bankruptcy matter of Barons, swearing that they didn't represent any adverse interests to the bankruptcy.
4) We filed an Affidavit on August 27, 1998 in the Federal Bankruptcy Court, swearing that Norman Lanson was an unprotected adverse party, directly counter to the Affidavit of Kopplow and Cooper.
5) The Bankruptcy Court judge ignored my husbands Affidavit and chose to allow huge attorneys fees, the transfer of a forty year old familÿ business to a conflicted partý, and our financial destruction. He advised us to file a rnalpractice claim.
6) August, 1998 we retained Mark Osherow to help institute a legal malpractice action against our former attorneys.
7) Prior to filing the lawsuit, July, 1998, we filed Grievances with The Florida Bar against attorneys Kopplow and Cooper.
8) The Florida Bar personnel reviewed our grievances and improperly declared they were a fee dispute, for the next three and one-half years.
9) In June, 1999, we hired lead counsel, Jack Scarola of Searcy, Denny, Scarola, et al. to institute a legal malpractice action against our former attorneys.
10) On September 7, 1999 a lawsuit was filed against our former attorneys.
11) August, 2000, on the eve of the hearing of defendants Motion to Dismiss, our attorney, Jack Scarola, via facsimile, withdrew from our case citing a conflict of interest because Marc Cooper became a member of Colson Hicks, an unrelated law firm.
12) February, 2001, Defendants Motion to Dismiss was heard in your Honor's chambers. Your Honor said that you will look over the Complaint and the Motions, asked the respective attorneys to do certain things and that we should all meet back in a couple of weeks.
13) June, 2001, we retained additional counsel, Reid, Metzger & Bernhardt.
14) 2001 we filed a Writ of Mandamus in the Florida Supreme Court. The Writ was dismissed in less than three months based on false information provided by the Florida Bar personnel.
15) January, 2002, your Honor denied Defendants Motion to Dismiss
16) Defendants filed another Motion to Dismiss.
17) February, 2002 we had hearing on new Motion to Dismiss, and no decision was made although your Honor assured me that your Honor had control over the trial schedule and that the time lost would be made up when setting the case for trial.
18) On July 23, 2002 we filed an Extraordinary Writ against The Florida Bar in The Supreme Court of Florida, SCO2-1598, after Tony Boggs, the Director of The Legal Division of The Florida Bar admitted that Rules Regulating The Florida Bar had been violated by attorneys Kopplow and Cooper, proving that our grievances weren't a fee dispute.
2 19) August 8, 2002 your Honor had another hearing on the Motion to Dismiss.
20) August 15, 2002 your Honor had continued the hearing of August 8, 2002 on the Motion to Dismiss.
The Affiant's pray that your Honor will allow our complaint to move forward to trial in an expedited manner to allow us to have our day in court. We will trust the outcome of our quest for a just result, to a jury, as we believe they will deal fairly with our complaint and award us recovery of our monetary damages.
3 From: Justus W. Reid
Yes, if the breach is based on fraud, for example. Fraud sounds easy to prove, but it is difficult in the context of legal malpractice. It has happened, I am sure, and in our situation I have not ruled it out yet. It would almost take, however, Cooper throwing Kopplow under the bus or vice versa. Trying to simply rely on the fact that they had an adverse interest to you and Norman and not telling the bankruptcy judge of this wouldn't get it. The case you asked me to read, which I did, was a situation where the atty had an existing relationship that made for a built in conflict of interest from the get go.
--Original Message-- From: Meryl Lanson [mailto:[email protected]] Sent: Friday, April 11, 2003 10:01 AM To: Justus W. Reid Subject: RE: Damages for Breach of Fiduciary Duties
Are punitive damages awarded where egregious breach of fiduciary duty occurred? ---Original Message---- From: Justus W. Reid [mailto:[email protected]] Sent: Friday, April 11, 2003 9:53 AM To: 'Meryl Lanson' Subject: RE: Damages for Breach of Fiduciary Duties
What about them? What do you mean?
--Original Message-- From: Meryl Lanson [mailto:[email protected]] Sent: Friday, April 11, 2003 9:53 AM To: Justus W. Reid Subject: RE: Damages for Breach of Fiduciary Duties
What about punitive damages?
--Original Message--- From: Justus W. Reid [mailto:[email protected]] Sent: Friday, April 11, 2003 9:28 AM To: 'Meryl Lanson' Subject: RE: Damages for Breach of Fiduciary Duties
No. Treble damages only arise by statute.
----Original Message---- From: Meryl Lanson [mailto:[email protected]]
1 Sent: Friday, April 11, 2003 9:03 AM To: Justus W. Reid Subject: Damages for Breach of Fiduciary Duties
Justus, is it true that a breach of fiduciary duty could be treble damages?
Meryl.
2 From: Justus W. Reid
You should be in contact with the legislators that want to abolish the Fl Bar. I just don't know who they are.
-----Original Message-- From: Meryl Lanson [[email protected]] Sent: Thursday, April 24, 2003 4:09 PM To: Justus W. Reid subject: Victims of the System
Wanted to share with you the fact that I received two separate letters from prisoners in the past few weeks asking for assistance in pursuing complaints with The Florida Bar. They were very eloquently written and courteous to the point of providing me with stamped self-addressed envelopes for my response. The ultimate was a call I received yesterday on my toll-free number from none other than an attorney himself, wronged by the System, that is now in a Florida facility. He was told about Victims of the System and provided written material about us. He left me his attorneys number, in Orlando. I did call - haven't heard back yet. This, all in addition to unimaginable hits, feedback and assistance on the site and via telephone from "lay victims" and those of the profession itself.
The Bar's selective prosecution is going to bite them so bad there won't be a band aid or medicine that they will be able to take for the cure.
G-d's work, how rewarding!
M.
1 EXHIBIT
#4 Oath of Admission to The Florida Bar
The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disbarment may be had. "I do solemnly swear:
"I will support the Constitution of the United States and the Constitution of the State of Florida;
"I will maintain the respect due to courts of justice and judicial officers; "I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
"I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;
*"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;
"I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
"I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God."
*Amended September 12, 2011 to add civility pledge.