How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4164
Experience:  Internationational Commercial Attorney
17219180
Type Your Business Law Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Fo ZDN Law only

Resolved Question:

Fo ZDN Law only: Hi ZDNlaw, how are you doing ?  it's been some time I have not asked you a question, however things have progressed so far, despite my clear and loud objection that my letter was not a deemed motion, the judge has used it as such to issue an order to vacate the amended judgment for the prejudgment interests only and to grant a motion for attorney's fee to Plaintiff, otherwise not pleaded and that would be invalid. Now the way the judge has "repaired" the non pleaded attorney fees award is by re-issuing a 2nd amended judgment, following the above order so the motion would fall in the 30 days of that ultimate final order. Of course there is room for argument here, but this is not my main issue. My main issue is about the way the father of the lawyer was introduced to the Court as expert to determine the hourly rates and hours of the son. Thanks God I have the transcript, because it's hard to believe.... meanwhile I collected evidence that this case is probably his first case as independent practitioner, heo had just opened his practice...sounds like a weird start.... now, to summarize all, is this matter for me to strike with a writ of prohibition, on the grounds that the father is totally unreliable as expert of the son ? The evidential hearing to determine the fees is at the end of september ? I am just opening the game here, because there is a lot more on the table to discuss about, in particular the lawyer sent a letter of threat using a fabricated fraud to my wife and her brother, non party, just before he served the settlement offer, amongst other egregious stuff, so a writ of prohibition against the evidentiary hearing maybe ? Not only the father-expert who has already made his point to the judge that his beginner son is worth $275/hour.... we had no right to object BTW, I tried to raise my hand at the motion hearing, but this is another subject.

Submitted: 1 year ago.
Category: Business Law
Expert:  TexLaw replied 1 year ago.
First...don't raise your hand. Just stand up and object.

In regard to a Writ of Prohibition, is it your proposition that the court does not have jurisdiction to hear the matter regarding attorney's fees?

Did the Plaintiff designate his father as an expert on attorneys fees prior to the trial?

Have you filed a written objection to the father testifying on the grounds that there is bias and that this disqualifies the father as an expert in this matter?
Customer: replied 1 year ago.

Thank you for the first, I thought it was an offense to interrupt the court and that the judge would ask me if any objection at some point ?

I have asked Plaintiff ('s atorney) to communicate the name of his expert by email when he was implying in between the lines that he would have one. The way he introduced it was sneaky, so I was feeling something fishy there again.

Consequently, I filed an opposition to the motion before the hearing, in which i am objecting that Plaintiff failed to communicate the info on his expert before introducing him to the Court at the hearing.

Now at the hearing, we made the objection again. When I say "we" it's my wife because I was found not to be a party, because the settlement offer on which this is based was to my wife only.

The way it was engineered by my opponents is that they would allege that there was a clause in the lease purchase option contract (expired) granting attorney fees,and so they would go by FL Statutes. The allegation was enough to found the claim, despite the absence of such clause, and to be granted the relief... The unjust enrichment is totally unrelated to the completion of the lease purchase contract, but never mind.

I filed a motion for clarification (to the attention of the judges of the DCA... just kidding )

However, we need to focus on the main subject...

Now the order granting the evidentiary hearing to tax the fees to the max is granted, but I am within the 10 days to object.

In regard to a Writ of Prohibition, is it your proposition that the court does not have jurisdiction to hear the matter regarding attorney's fees?

Yes, but I did not explain you why yet on thta point.

The writ of prohibition is on the point that the Court does not have jurisdiction to admit the father as expert of the son.

FYI, as per the transcript ( sorry but I can't help form laughing when i read this, I ignore if this is the usual stuff thta happens in the Courts or if it's over the edge, as it looks to me.. ):

I'm familiar with this case. I'm obviously
familiar with the attorney, he's my son. He will tell
you later, Judge, if you were asked, that the witness
that was to come up had an emergency at the last
second and as a result of that I agreed to come up and
testify.


PS : let's make no mistake, the judge ordered him to come back at the evidentiary hearing in September, and that's where it becomes really fishy

Expert:  TexLaw replied 1 year ago.
So he wasn't even designated as an expert! That's ridiculous!

The judge should not have allowed him to testify over your objections. I feel like this judge really does not know what she/he is doing and this is a case that is going to be overturned.

A surprise undesignated expert witness who is biased. Complete lunacy.

Even though this is obviously a flawed decision by the court, I do not think the court does not have jurisdiction to make the ruling.

A writ of prohibition is to stop a judge from acting where the court does not have jurisdiction. Here, the court has the jurisdiction to allow the witness to testify, even though the court is wrong.

I think once again, this is an appellate issue and you just have to make sure to get your objections on the record.

I would recommend filing a Motion to Strike the father as an expert witness on the grounds that he was not properly disclosed and on the grounds that he should be disqualified for bias.
Customer: replied 1 year ago.

Thank you for this good info


Now there is something that looks more serious to me.


S (plaintiff's attorney) served his settlement offer on June 13th, 2012, just after sending 2 letters of threat on May 18th 2012.


He was threatening my wife of fraud for having quitclaimed a property in Old Saybrook, CT to her brother

S sent a similar letter to her brother the same day ( Non party)

He was purporting that the fraud is established by Florida and Connecticut laws, and was quoting a paragraph of Florida Statutes 726.108(2) in which the word “fraud” is used.

S went to search the town records in CT and pulled out the copy of the recorded quitclaim deed, which he produced during the discoveries ( bate-stamped).

Then at the Trial Hearing, at the end, he showed me the letter in a threatening way....

So far everything would be just questionable for an outsider, but when looking into the matter, it looks criminal to me.

1. My wife was quitclaiming the property BACK to her brother who had quitclaimed it to her before he had been hospitlaized with a life threatening condition and was amputated from his leg.

2, The public records - reviewed by S - are showing that her brother had acquired the property a few years earlier, with his own funds and by means of a recorded loan, warranted by a mortgage.

3. The financial consideration of the quitclaim is nil

4. Googling the internet, anyone can find in seconds the value of the property. When matching to the amount of the loan, the equity of the property shows as ZERO.

5. His way to engineer things, S puts things out of context and builds a case.

6. Issue is that Florida Statutes 726.105(10 and (2) (Florida Uniform Fraudulent Transfer Act) do not apply here in any way.

7. So the fraud is fabricated and malicious, for the purpose to extortionate tactics. S is on a contingent fee agreement, He's the beneficiary.

So the "bill" here would be :

THREATENING LETTER - EXTORTION - OFFENSE AS PER FLORIDA STATUTES 836.05

Threatening letters and extortion are set forth specifically in Florida Statues Ch. 836.05 (2008) they are a a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Violating model rule 4.3.4 (d) of American Bar Association Ethical Guidelines For Settlement Negotiations, titled “Dealing with Unrepresented Persons”,(the Brother) that obliges lawyers to avoid making inaccurate or misleading statements of law or material fact, and more so to use these in view to extort a personal benefit.

Can't we argue that the settlement offer is nil, because it was served under fraudulent threat ?




Expert:  TexLaw replied 1 year ago.
I'm signing off for the evening. Look for a substantive response tomorrow.

Have a great night and I'm glad to hear from you again.

-ZDN
Customer: replied 1 year ago.

Thank you for your amazing work. Will talk tomorrow.



Expert:  TexLaw replied 1 year ago.
I'm not sure I understand what's going on.

S is looking for assets from which to potentially satisfy the judgment that he intended on getting against you and your wife.

If there was a transfer of property by your wife out of your wife's name and back to her brother during the pendency of the lawsuit, S is going to naturally think that this was an attempt to protect the asset from the judgment.

The fraudulent transfer act is designed to allow a plaintiff to cancel the transfer of property by a defendant that would be used in the future to satisfy the impending judgment if it appears that the transfer was intended to "defraud" the plaintiff of his ability to attach the property.

Your main goal on this issue would be to show that there was no intention to defraud and that the transfer/quickclaim of the property had to do with a pre-arranged deal. Why did your sister transfer the property back to her brother?

Also, how is this connected to the settlement offer? Why does a settlement offer matter now when there is a judgment?
Customer: replied 1 year ago.

All what you say is correct seen from the outside.

The issue here are :


 


1. S is accusing of fraud both my wife and her brother, non-party. Even if he was right in his accusation of fraud, his letter is a threat, and is a fraud by itself. S can sue but he can't threat.

2. that S as a lawyer has checked the property record at the Municipality, and so he is aware that the real owner is my wife's brother.


 


The quitclaim does not warrant ownership neither way, it is subject to cancellation by third parties who claim valid rights and does not require the consent of the beneficiary of the transfer of ownership.

J ( the brother ) has quitclaimed to his sister Y because he was undergoing major hospitalization in a life and death condition ( diabete).

They amputated his leg and could buy him some more time that way.


 


The house is being rented as vacation rental intermittently, which pays the bills, and Y is taking care of this. Her brother has major disabilities.


 


Here, more particularly, by quitclaiming back, my wife has affirmed that she does not intend to be the legal owner any further after her brother was rescued and the lender who has a mortgage on the property was requiring so.


 


3. S. a lawyer specialized in real estate, he cannot ignore that the second quitclaim just voids the first.


 


4. In august 2011 my wife had been dismissed as Defendant from the lawsuit.


 


His letter of threat is fraudulent as per FL Statutes and the threat is fabricated and malicious, which aggravates the situation.


The only logical explanation is that it is preceding his offer of settlement

So it is inducing to settle fraudulently.


 


What is the link in between the offer of settlement and the motion for attorney's fees ?


The link is FLORIDA STATUTES §786.79


a party has the right to attorneys' fees when the following prerequisites have been fulfilled: (1) a party has served an demand for judgment upon the opposing counsel and party; and (2) the serving party has recovered a judgment at least 25% greater than the offer.

My view is that the demand for judgment is fraudulent as it was served under illegal threat to induce Y to accept indirectly. (?)

( note: this is not the only reason why it's nil, but let's focus on that one)

Here is the letter of threat to the brother, same as to my wife:


Dear Mr. J:

This Office represents PLAINTIFF in the ab ove referenced lawsuit pending in Florida against your sister and brother-in law. In August 2011, SISTER transferred the above referenced property to your name, individually. Since your sister is a party to an ongoing lawsuit which began in June of 2011, the transfer of the property to you will be deemed a fraudulent transfer pursuant to Florida and Connecticut law.
Pursuant to Florida Statutes §726.108(2) "If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or
its proceeds." As such you may be subject to a lawsuit in the event you attempt to sell the property.




Here is the law :


836.05 Threats; extortion.— Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously
threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity
to another,

with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will,

shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


 


=================

CONCLUSION : as i see it, there are 3 remedies here:

a) Object to the order granting the motion for attorney's fees on basis that the offer of judgment was formulated under a threat

b) Include this in my upcoming motion Rule 1.540 as fraud upon the court

c) any other typical remedy that I don't know of and you may inform me about

Expert:  TexLaw replied 1 year ago.
1. "J ( the brother ) has quitclaimed to his sister Y because he was undergoing major hospitalization in a life and death condition ( diabete). "

I'm not sure I get it. Why did J do this? So that the house does not get seized by the hospital?

2. "S. a lawyer specialized in real estate, he cannot ignore that the second quitclaim just voids the first."

Sure it does, but transferring property which she owned can be considered a fraudulent transfer. She will need to show why it was not intended to defraud the Plaintiff and that she was required to do this for her brother and the lender. The argument that this is extortion is not correct.

The court has somehow ruled that your wife is still a party to the lawsuit, despite the prior dismissal. This is not extortion and is not a fraud on the court.

Is there a way you can give me the case number XXXXX your case and tell me in what court it is filed?
Customer: replied 1 year ago.

I'm not sure I get it. Why did J do this? So that the house does not get seized by the hospital?

Because J wants his sister to inherit of the property first and then they needed to rent the house and pay the bills, renew contracts and what not.


 


So instead of granting a power of attorney and a will, J quitclaimed the house so during the hospitalization she could keep things going and if he would have died, then she would be the owner.

Besides, J had to go on Medicare to afford the hospitalization, so his intention was that to leave the rental income to his sister as owner and she would pay the mortgage and the bills with it and keeps the balance if any as opposed to complicating his own situation.

So when he came back from the hospital, she could not make it with the rents to cover the bills and he applied for a loan modification as he ws back on his mortgage payments.

So the lender noticed the quitclaim and asked to reverse.

The main point here is that there is striclty no equity left in this house and S knows it because he has reviewed the property records and he has seen the amount of the loan.

So S can't just send that kind of letter to J. without looking at the real situation.

The problem is that the laws he's referring to are in no way applicable to this case, he should not have ignored it and he threatened, which is a fraud regardless of any circumstances.


The circumstances are aggravating the malicious intent and evidencing the causality with the upcoming offer of settlement.

What it says amounts to: "J can't sell his house unless you settle."


Expert:  TexLaw replied 1 year ago.
"So S can't just send that kind of letter to J. without looking at the real situation."

- Why do you think S can tell how much equity there is in the house? I think S saw that he had a judgment against her and she transferred property out of her name. That's all you need for a fraudulent transfer accusation.

"The problem is that the laws he's referring to are in no way applicable to this case, he should not have ignored it and he threatened, which is a fraud regardless of any circumstances."

- I disagree. You miss the point by calling it a fraud on the court or calling it extortion. It's neither. He has a right to argue this because she transferred property that would be subject to a judgment, and she has a right to show why he is wrong and cannot meet his burden of proof on the allegation.
Customer: replied 1 year ago.

Why do you think S can tell how much equity there is in the house?



because if he googles the address it will give him the value of the property and if he looks at the public records it will give him the mount of the loan.

he's himself all over the internet with facebook etc... he's very familiar, (check under 00~8243)

Expert:  TexLaw replied 1 year ago.
"because if he googles the address it will give him the value of the property and if he looks at the public records it will give him the mount of the loan."

But he doesn't know how much is unpaid on the loan. Further, he's still entitled to count that as an asset that is subject to a writ of execution (albeit it has a mortgage on it).
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4164
Experience: Internationational Commercial Attorney
TexLaw and 3 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

know how much is unpaid on the loan

The HUD document and the annuities plan is part of the Town record, he could see it easily from there.

check http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_cpty.cp_personcase_details_idx?backto=D&soundex_ind=&partial_ind=&last_name=&first_name=&middle_name=&begin_date=&end_date=&case_type=&id_code=@2644388

- I disagree. He has a right to argue this because she transferred property that would be subject to a judgment, and she has a right to show why he is wrong and cannot meet his burden of proof on the allegation.

OK for the sister.



However, we are talking about a letter to J - not a party here, and unrepresented - that letter clearly compels him not to sell his property under the allegation of fraud.

 

To me it looks like it matches perfectly the definition of letter of threat of FL Statutes 836.05 Letter of Threats as quoted here above ?

It's applicable against Plaintiff in this case because the Statutes specifies to party in the lawsuit AND ALSO to linked third party ?



I hope you can see the docket with the link above ? Let me know

subject to a writ of execution

Thank you for the info, I will open a new thread for this one later

Customer: replied 1 year ago.

No need to beat a dead horse here I got the picture, it's some sort of minor objection, I will focus on more important stuff and ask you questions in other threads,

Expert:  TexLaw replied 1 year ago.
"However, we are talking about a letter to J - not a party here, and unrepresented - that letter clearly compels him not to sell his property under the allegation of fraud.

To me it looks like it matches perfectly the definition of letter of threat of FL Statutes 836.05 Letter of Threats as quoted here above ?"

- I don't agree that it does. If he has a right to make the assertion in the first place, it is not an illegal threat (even if it is not a legally supported threat...i.e., his assertion will fail because there is a lack of evidence to support the charge of fraud). Further, even if it did support an extortion claim, it would belong to the brother and you would have standing to assert such a claim.

"No need to beat a dead horse here I got the picture, it's some sort of minor objection, I will focus on more important stuff and ask you questions in other threads"

- This is true. My take on this issue is that it seems that after the next round of hearings on the proposed motions, you will have everything set to move on to an appeal. The judge has repeatedly denied your motions for new trial, and you have now introduced new evidence as to why there should be a new trial. Assuming the judge denies that motion as well, then your next move would be appeal.
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4164
Experience: Internationational Commercial Attorney
TexLaw and 3 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA