HI, Eddie, Thank you for requesting me. Please let me apologize for the delay; we are experiencing some technical problems, including notifications that a customer has requested us. Wendy is moderator and it was really nice of her to let me know. She realized that I did not receive the Notification which the system usually generates when she saw how much time had elapsed because she knows that I never allow any of my customers to wait, so she realized something must be wrong.
Please allow me to dispense with the important things first, and that is to tell you I missed someone who could keep me on my toes when it comes to Star Trek :) but I was also wondering what happened with your case.
I am sincerely very glad to hear that everything went well with the Creedmore lawyer as well as the evaluator.
Regarding the lawyer issue - $10,000 is extremely high for this situation because he would not be representing the mother which would entail much, much more work. Although $2,500 is much more in line with the amount of work that might have to be done, I still do not think you should be incurring legal fees because of the sister's litigious and jealous nature. Definitely do not put $2,500 on your credit cards, the interest rate is too high. I am still wrestling with the idea as to why you should even be involved, be questioned, incur legal fees, without even being named in the action itself. No matter what Order the Judge enters, it will have no effect on you whatsoever because (1) You have not been named as a party Defendant; (2) You were not served with process as a party Defendant; and as a result (3) The Court has no personal jurisdiction over you and cannot Order you to do, or refrain from doing anything.
I also do not understand why this case is still going on. The Evaluator should submit his report to the Judge who should immediately dismiss the sister's/daughter's Complaint with Prejudice, meaning that she cannot refile to start a new action on the same issue against the same individual. This is a Guardianship proceeding. The Principal has been found to be competent and having full mental capacity by the Court Appointed Evaluator. This should satisfy the Judge. Since the Principal has been found to be competent, there is nothing else that can be litigated regarding the Principal and any attempt to do so would be a serious violation and infringement on the Principal's right to life, liberty, and property. As I see it, there is no other issue here. If the daughter thinks that her brother is exercising influence on the mother, that is just too bad and there's not a darn thing she, or the Court can do about it. If a parent has full mental capacity and chooses to show favoritism towards one of her children who has been exceptionally nice to her, cares for her, keeps her laughing and in good spirits, well, that is her God-given and Constitutionally protected right to do so and nobody can order her to do otherwise.
I would have a serious talk with the Creedmore lawyer in the mother's presence about how to proceed from here, it's very simple - Present the Evaluator's report to the Judge, ask him ifhe has any questions he would like to ask either the mother, or the Evaluator and his report, then dismiss the daughter's Complaint. Period, end of story, end of case. The daughter should not force anyone to incur additional legal fees based on her whimsy. In fact, the Creedmore lawyer should present to the Judge the Evaluator's Report, the 2 Florida actions filed by the daughter that were dismissed, copies of your legal fees, copies of legal fees which the mother unnecessarily incurred, and ask the Judge to dismiss the daughter's Complaint with prejudice and Order the daughter to pay all legal fees incurred by the mother and incurred by you. At this stage, it could not be any simpler.
2. There is something in the law which lawyers include in their pleadings against a litigious individual who constantly files lawsuits without any basis or evidence. The pleadings include an allegation that,
"the action is frivolous, arbitrary, vexatious, is without merit, and brought for the sole purpose of harassing their adversary, and in your case, not to mention that the issues she claims are Res Judicata".
In these circumstances and definitely in your case, Attorney's fees are both warranted and awarded by the Court.
When an individual constantly brings lawsuits that have no merit and are brought for ulterior motives, including to harass their adversary, and if the Court declares them to be "Vexatious Litigants", they are no longer permitted to file a lawsuit against anyone, without first requesting and receiving Court permission to do so.
3. An issue is Res Judicata if the same issue and the same parties have already litigated the issue. The sister tried twice in Florida to have the mother declared incompetent and have a Guardian appointed. She is doing the same thing in a New York Court because she did not like the decision of the Florida Courts, not because there was any change in circumstances which would warrant bringing another competency hearing. That is why it is important to bring this issue to the attention of the Judge with the 2 Florida cases and their decisions and ask for Attorney's fees. When she has to start paying Attorney's fees and incur this as the cost of her "fun", only then will she stop, or at least think twice, before bringing another action,
4. She should be sued for harassment and defamation of character if she is making false statements about you which ruin your name and reputation in the community.
Defamation is a tort and is governed by tort law. False statements that are written are called 'libel" while false statements that are spoken are called "slander". Libel, slander, and other forms of maligning an individual fall under the broad "umbrella" of defamation. In order to prevail in an action for libel, slander, and defamation of character, in general, the Plaintiff must prove the four (4) elements which are the same for each:
1. The false statement is "uttered" or "written"
2. The Defendant knew that the statement was false, or was made in "reckless disregard for the truth;
3. The Defendant "published" them to a third party - "Made known" to others
4. The Plaintiff suffered damages to his or her name and reputation in the community.
In defamation lawsuits, the Plaintiff will seek damages as well as an Injunction so that the Defendant(s) are prohibited from continuing to defame the Plaintiff. This would appear to be just what you need if she is ruining your name and reputation.
Let me knowif you have any questions,
Live Long and Prosper, my friend,
Please be kind enough to rate "Excellent Service" so that I receive credit
for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
Thank you for allowing me the opportunity to be of assistance,
You got me, Eddie, because I never followed "Star Wars", so you are the Master in that area.
Thank you for your Excellent Service Rating and the Bonus, you were once again generous and I appreciate it greatly. I love dogs and I think it is absolutely unforgivable that any of them are put into service in any K-9 unit without bulletproof vests. You help me get closer to donating another bulletproof vest for these most beautiful creatures.
Your words are too kind and in previous replies, likening me to Mr. Spock is one of the greatest compliments I have been given, though undeserved. Oh, if only I were a bit more like Mr. Spock, accepting life as it is, rather than wasting time wishing life were as I would want it to be. But, there were times when Mr. Spock showed emotion (and necessarily bias).
Now, for the Million Dollar Question (For that amount, the Q has several parts) -
1. Who was the first to say, "I will do neither" in response to "Live Long and Prosper" ?
2. To whom was this said and why ?
3. Where were these words spoken ?
Please allow me to give you the Answers to the million dollar question while I take a moment to type the Answers to your question. (Do you think I would ask you a million dollar question on something we already discussed ?) Maybe I should have given you a hint like, "It was not in any of the movie versions", and if I wanted to be especially generous with hints, I would say, "It is from the original "Star Trek" series", and if I was really, especially generous, I would say, "It is from the second season of the original 'Star Trek'.
1. This response was spoken by Spock
2. He said it to T'Pau when she told Spock, "Live Long and Prosper
3. This was on the planet Vulcan
T'Pau, a high level Ambassador, was to officiate at Spock's marriage to T'Pring. T'Pring challenged Spock which meant he would have to fight for her and the challenge was a fight to the death. She chose Capt. Kirk as his adversary. Spock later told T'Pring that this was the "Logical choice" because if Spock won, he would no longer want her because she challenged him and if Capt. Kirk won, he would not want her, leaving her free to marry the Vulcan she "loved".
During the challenge, Dr. McCoy interceded, asking that he be allowed to give Kirk an oxygen compound to compensate for Vulcan's thin atmosphere, but injects him with a neural paralyzer, simulating death. When Kirk collapses, Spock believes he killed Kirk and asks to be transported back to the ship to turn himself in. As he is being transported, T'Pau says to him, "Live Long and Prosper; Spock, thinking he has killed his best friend, replies, "I will do neither".
1. Establishes the strong bond between Kirk and Spock because Kirk risks court marshall by diverting the ship to Vulcan for Spock's 'Pon farr' instead of attending a presidential inauguration on another planet and shows the weakness of a Vulcan during Pon'farr;
2. Until then, nobody knew that Spock was from a very influential family, T'Pau being an Ambassador of senior status and Sarek, Spock's father, being the Ambassador to Star Fleet;
3. Even more significant is that this is the only time in any episode or movie that shows Spock smiling and showing feelings. He smiles and shows emotion when he returns to the ship and hugs Kirk who is very much alive, but who he thought he had killed.
Live Long and Prosper my friend,
Lxwanna Troi (who never uttered those words)
Please see next Answer box for the Answers to your questions,
I apologize if my Answer was not clear, so let me try to clarify what I was saying -
1. Since you were not named as a party, there is really nothing that you can do because any motions by a non-party are inappropriate. A non-party cannot move for sanctions, no matter how warranted they are, nor can a non-party move to dismiss the Petition with prejudice based on Res Judicata, or any other grounds for that matter. These are Motions which the Creedmore Attorney who represents your mother should be taking, or should have taken. I had suggested that this be done in a previous Answer when I said that the Creedmore Attorney ask the Judge to read the Evaluator's report, ask questions of the Evaluator, if he wanted more information or clarification, then verbally move for dismissal of the Petition based on Res Judicata, the Evaluator's report, showing the Judge the Florida cases and decisions, not only for purposes of Res Judicata, but also for showing how litigious your sister is, but also proving that she files frivolous lawsuits, and then to dismiss the Petition for Guardianship. A letter to the Judge informing him that you prefer remaining on the sideline is equally inappropriate because you are on the sidelines. As far the Petition for Guardianship is concerned, you cannot say or do anything which would affect the case because you are not named as a party. Had the Petition named you as a party, you would have the right to do the things that you listed. As to why the Petition is preoccupied with you, I don't know and the only reason I can think of is to malign you and at the same time not give you the opportunity to refute anything the Petition alleges about you which right you would have, had you been named a Defendant;
2. The arrogance exhibited by your sister would lead her to believe that your absence from the proceedings indicates that she was successful in her attempts to frighten and intimidate you;
3. This is a civil proceeding and I do not see the necessity for a non-party to be represented by an Attorney. Even if you had an Attorney with you, I do not see how he would be able to call witnesses, or even cross examine you if your sister's lawyer called you to the witness stand, because your Attorney would have no standing. This issue would not be present if the first Attorney you shared with your mother was there because, representing your mother, he could cross examine you and undo any assaults on character your sister's attorney attempted by putting you on the witness stand.
Please let me know if I have not Answered all your questions, and I will be glad to clarify my Answer further,
Live Long and Prosper, my friend,
Before Star Trek TNG aired, there was a lot of hype and articles being written about the setting, the characters, etc., and I thought to myself, "Yeah, right, they're going to have an android as one of the officers (Mr. Data), and their Security Officer is going to be, of all things, a Klingon who graduated from Star Fleet Academy, no less, like that's really going to be believable; and the sheer arrogance of anyone sitting in Capt. Kirk's seat made me completely biased against the show, so I did not watch the show during the first season. During the second season, I saw part of he show by accident (TV was on the channel on which Star Trek TNG aired). I was hooked, but I never thought of myself as a "Trekkie", nor do I consider myself to be one now because I don't know enough facts about the episodes. I just get a kick out of watching a huge Klingon trying unsuccessfully to reprimand his son, and Alexander having Worf wrapped around his little finger without even trying. By the way, what was Worf's last name which he took from the 'human' parents who raised him ?
I get a kick out of phrases like, "Make it so", "Number One", and "Engage" and who doesn't get a kick out of Lxwanna Troi ? Did you know that she was Gene Rodenberry's wife and also the voice of the computer in both Star Trek series ?
I want to be sure that I have Answered all you questions because you said that part of the facts you wrote did not come through and I may have missed a question, so please let me know.
Hi, Eddie (If that's your real name) If a person can't make another person laugh and bring some joy to them, no matter how small, then they are breathing almost perfectly good oxygen that another, more productive human could be breathing. But how and why did I make you cry ? Is it because you don't know Worf's 'human' last name, don't cry about it. Be happy it wasn't a bet! But, know this, I am not a gambler and if I make a statement, or say that something is so, it's because I know it for a fact and anyone placing a wager that it wasn't so, would be a fool. I have to say that you're either a creature of the night as I am, or you're an early riser, which I am not, .
By the way, the episode was called, "Amok Time".
In Answer to your questions,
1. I still cannot imagine what questions your sister's lawyer would ask you, especially in the face of the Court-Appointed Evaluator's report. However, if he does call you as a witness, he will probably ask you questions whose answers he would hope made you appear as someone who heavily influenced your mother's decisions, made you look like a manipulator, and generally made you out to be all the things that were alleged in the Petition. If that is the case, then when your mother's lawyer cross-examines you, you will have the opportunity to refute those allegations;
2. I do not want to think of the law as roulette, although I have on many occasions said that going to Court is like shooting craps (the only game I like, by the way; hard 6, 8 and 10). Recently, someone told me that they thought that the Rules of Civil Procedure were a game designed to make Pro Se litigants lose. I tried to explain, or at least describe what the Courts would look like without the Rules, it would be a virtual "free for all". Anybody could file a lawsuit without regard to the Statute of Limitations; a Defendant could file an Answer whenever they wanted; the Hearsay Rule would be non-existent; everything under the sun could be testified to once a witness began to testify; multiple cases would be combined to the point where nothing made sense, and basically a lot of chaos would ensue. Most Rules make sense.
3. The possibility of a conflict arising for your mother's first lawyer was so remote that it should not have eve been considered. But the fact that it was raised should have been enough of a reason to Appeal his dismissal, if the Court Ordered it. The Creedmore Lawyer should present all the evidence I stated in my previous Answers in this Question page to show how frivolous this lawsuit was and by showing the previous cases filed by your sister, he can establish that she has a pattern of filing frivolous lawsuits whose sole purpose is to harass, annoy, waste the Court's time and cause others to incur unnecessary legal fees; he thereby lays the groundwork for demandidng legal fees in the full amount incurred by your mother and you.
Good evening/Good morning, Eddie,
I will have to give you the points for "Rozhenko" because it is my fault that I did not set down the ground rules. My favorite is the hard 8 also, but I play all the hard ways, but cover my bets. I haven't played in a long time because I don't play in Atlantic City,. there are too many "hard-core" gamblers who don't like the game, just play it to win money. Don't they know they can't win that way ? You used almost the phrase I use, but I say "boundless and limitless". "Unconditional love" ? Not in this life; everything comes with conditions, a price, or strings attached. "True Friend" ? Something that one may, if they are lucky, sees only in dreams; from what I have seen, for most people, 'friendship' is calculated, a means to an end. And, lest I be mistaken for a pessimist, one quick glance across a crowded room of faceless friends would, unfortunately, confirm what a realist I am. Edward, you are definitely not a chore for me, and you are quite palatable. I enjoy "speaking" with you, also. You said you were a music teacher, what is your favorite instrument to play and what is your favorite instrument to listen to ? What do you think of Tony DeBlois ? Andrea Bocelli ? The late Clarence Clemens ? Jackson Browne ? Jennifer Rush ? Sarah Brightman ? When is the trial date, did you say May 28 ? Or, am I thinking of something else for the 28th ? Did I exceed "20 questions"?
I sincerely XXXXX XXXXX a little fear is healthy, it keeps one on their toes. Quite honestly, I am afraid of unstable people because they are unpredictable, there is no way to know what they are thinking, or what they will do next and, therefore, no way to protect oneself. I hope that the psychiatrist saw her make those motions so that your mother will not have to testify, it will break her heart - on the one hand testifying against her daughter, on the other hand, fearing for her son's life and safety. Any way one looks at her situation, will see that it's an emotional no-win situation. I think that it would be a good idea to make an appointment to speak with your mother's lawyer so that he can tell you what his strategy is and you can review with him your list of the issues that you and your mother want him to raise and address, the points you want him to make on cross-examination regarding your mother's legal capacity, as well as to refute the defamatory remarks about you that your sister made in her Petition, and most importantly t she has made in the Petition steps you want him to take, timing of a Motion to Dismiss based on the Evaluator's report, Res Judicata, frivolous lawsuit, harassment, Attorney's fees, sanctions on the sister for her misuse of the Courts to achieve a self-serving result, etc.,
Good Moring, Edward, You are probably a very good songwriter, but I think your keen perception of things, the ability to see something that others do not, your ability to verbally express feelings where others become tongue-tied, all of that, put you well above and well ahead of the wannabes. If you do decide to author a book, please keep in mind that there is enough hatred, malice and sorrow in our world, if one reads a book (which is such a rare occurrence today), it is because they want; to be transported, even for a ;fleeting moment to a place ten galaxies away where there is no pain or sorrow, so please give it a happy ending, there are so few of those today .
As I said before, a little fear is healthy, keeps one on their toes because that is where you have to be with unstable people; they are too unpredictable. Even they do not know what they will do because malice and resentment dictate their every thought and move.
Thank you for the compliment, but don't fear the outcome, it will be a good one. The only way that you could get a negative result, is if the Judge is of the same mindset as your sister, in which case, we should all pack it in.
I am waiting for your views on Mr. Bocelli, the late Clarence Clemmens, Jackson Browne, Jennifer Rush, and the rest of the crew.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).