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Live Long and Prosper, my friend,
Hi, Eddie, I am absolutely thrilled to hear that and you are very, very welcome,
I know that your mother must be very, very proud of you; I mean that in the most sincere way because in today's world, children do not appreciate their parents, couldn't care less about their well-being or happiness and would never go to the lengths that you did to protect their mother.
You left out the second best part of your news -
How did this come about ?
On what grounds was it dismissed ?
What did the Judge Say ?
What influenced the Judge the most in arriving at his decision ?
What was your sister's reaction ?
What did she say ?
What did she do ?
Were any attorney's fees granted ?
I have no idea what happened. I was not online today, but I have been looking for your reply. The last reply I received from you was 5/31/2013, 6:16 PM wherein you said the case was dismissed, after which I posed "20 questions". But did not receive a reply. Would it be too much to ask if you would type it again ? I'm anxious to know what happened and the answers to my questions,
Good Evening, Eddie,
Your statement to the Court was very moving and it brought tears to my eyes because I, too, am an immigrant and I, too, will stand when the national anthem is sung. I was born in Cyprus, but immigrated to the US with my mother when I was 3 years old. Thank you for your compliments and your praise, but I think it is undeserved; I don't feel I have done anything. You and your mother should be praised for standing your ground and refusing to be intimidated.
You had mentioned that there was a settlement offer on the table, but never elaborated on it, so I was not aware that it was that extensive. Had I known, I would have vehemently suggested against it. Having a guardian oversee all finances and deal with all bills and payments would have tied your hands and divested your mother of all her freedom and is exactly what your sister was looking for. Even if she had not been initially named as guardian, I have no doubt that given a little time, she would have found something on which to base another lawsuit and sought guardianship for herself. So, you can understand where I'm coming from when I say that I don't particularly care for the new lawyer who represented you if he recommended accepting the "settlement".
I am totally in agreement with you on computers. I admit my computer illiteracy, but that only confirms my view that a computer will only do what it is programmed to do. If someone holds themselves out to be a "computer or technology specialist", they have the obligation to live up to their representation of themselves. The site has had some serious tech problems for over two weeks. I have been coming to JA online for four years and never had a problem receiving the JA email notifications that a customer has replied, or a customer has requested me, or any other notifications for that matter. I have not changed anything and I receive emails from everywhere else and everyone else at the same email address, but since the tech problems of over two weeks ago, I have not received any email notifications from JA. We are not supposed to communicate with customers except on their question page, but I do not know the reason. That is why they x-out any personal information the computer picks up like dashes in phone numbers and the "at" symbol in email addresses. So if you were to write an email address, it would have to be like xyz at yahoo dotcom . You would think that with all of the technological knowledge that computer engineers have today, this problem would have been solved in a matter of hours, or in a day, at the most, but it hasn't, and so I am still waiting for the repairs to be done. Who knows ? I hope they don't read through this and think I am maligning them in any way, but you never know that, either.
I don't know if your sister's lawyer had an ulterior motive in asking you to produce the original POA, but in the rules of evidence there is something called the Best Evidence Rule which states that where a party seeks to admit into evidence a document for the truth of its contents, the original must be produced, or its absence satisfactorily proven to the Court. I suppose, he could have stipulated as to the accuracy of the copy of the POA, but I gave up a long time ago trying to figure out what someone's motives are.
How did the dismissal come about ? Did your mother's lawyer move for dismissal ? Or, did the Court do it "sua sponte" "No, it's not Vulcan; it's a legal term meaning, "on its own" and is used when the Court initiates an action without a request from either party. I hope that somehow your sister changes her attitude because I am sure that your mother is heartbroken not being able to have a normal "mother-daughter" relationship. What was her lawyer's reaction to the dismissal ? Were any attorneys' fees awarded ? You left out some very important details,
Live Long and Prosper, my friend,
ps Having lived in New York all my life, or most of it, I know what "Que Pasa" means, but I don't know what " 'REVERSA QUESTIONEERA'," means
Good morning, Eddie,
I was glad to hear from you and noticed a significant upbeat tone in your message. I'm sure you feel like a weight was lifted from your shoulders. You were carrying a very heavy burden for a long time. You have a good sense of humor; I thought that's what you might have meant by 'Reversa Questioneera', but I never like to assume anything. Why stick to only one thing ? I think that you should put your creative imagination to work and write a novel, then compose a song, using all the Latin legal jargon you learned. Give the phrases your own meaning; the only people who will know that a sentence might not make sense is a bunch of lawyers and who cares what they think, anyway ? :) title="Cool"/>
I'm still waiting for the details of the dismissal and some very simple answers to my very simple questions (See above, if you've forgotten them)
Now I know that you will Live Long and Prosper, my friend,
I am very glad to hear from you, but certainly not pleased with the road your sister is taking once again. You have a very difficult road yourself, acutally you are walking a tightrope because on the one hand, you must protect your mother from your sister's subversive attempts to gain entry into your mother's life, for her self-serving motives, while on the other hand, you cannot appear to be preventing any "reconciliation" between your sister a nd your mother. Both you and I know that reconciliation is the last thing on your sister's mind, but since her Oscar-winning performances seem to convince everyone (at least temporarily) that she is being sincere, you must watch every step you take and every word you speak.
I would not like to involve your mother after all that she has been through, but she will have to get involved to a limited degree. If she does not feel up to a visit from your sister, you cannot be the one to tell your sister that she is not welcome. First, because it will look like you are preventing your sister from seeing your mother; and, second, it could precipitate another lawsuit by your sister. I have no idea on what grounds, but if her lawyer is "fee oriented", he will think of something on which to base another lawsuit, and I know you do not want your mother to be subjected to this all over again. Maybe, if your mother writes a relatively innocuous note to your sister, something like,
Over the years, you have hurt me a great deal with your baseless accusations (calling 911 needlessly, making serious accusations against your brother, knowing full well that they were totally unfounded, trying your best to have me declared incompetent several times in Florida and New York with yet more unfounded allegations against me and your brother, etc. I need not go through everything; you know what you have done to me and how sad it has made me because all of these false allegations have originated with you, my own daughter.
Maybe, with time, I might be able to put all these lawsuits you have brought against me behind me, but for now, I cannot sit down with you while you are in this litigious frame of mind. I fear that you may twist anything I say and use it against me in bringing yet another lawsuit, trying once again to declare me incompetent. I cannot allow you to do this to me ever again. your brother has othing to do with my decision. I am my own person and I do not allow anyone to influence any decisions I make.
I will let you know if and when I can (have a relationship with you - or words to that effect).
Your mother or you should speak to the Creedmore lawyer, telling her how she feels, and asking him to write the letter conveying her wishes to your sister. That probably would be best. Your sister must be given to understand that neither your mother, nor you will take anythinglying down and she will not be permitted to get away with anything any more and everyone will be watching her every move waiting for just one misstep on her part. I know that your mother has had enough of lawsuits and the Courts, but you might consider bringing a lawsuit against her, at least for your attorney's fees because she knew that there was no basis for her lawsuit and her lawyer should have advised her to drop the suit once he had the opportunity to speak to and observe your mother. He is not a doctor, but it does not take a doctor to see that your mother is very, very far from incompetent and that the allegations he made in his Petition had no merit. A lawyer has a duty to the Court to refuse to pursue spurious claims on behalf of a client. If he fails to refuse, then he is aiding and abetting the abuse and misuse of the Court's time and the judicial system and our Disciplinary Rules not only prohibit this type of conduct, but also provide sanctions against the attorney who takes part in it. Attorneys like him are the equivalent of "ambulance chasers" who give all personal injury lawyers a bad name. Somebody should clue this lawyer in so that he, too, realizes that his every step is being observed A lawsuit against both your sister and her lawyer should be considered. Actually, it should have been made part of your mother's case and I said so in one of my previous Answers to you when I suggested that your mother's lawyer somehow have the Judge consider your sister's Petition arbitrary and vexatious and an abuse of process. What do you think ?
Hello, Eddie, my friend,
Thank you once again for accepting my Answer, the compliments and the bonus; as usual, you are very kind and very generous, but I feel the compliments are undeserved. I am glad that your sister spoke to your mother (even if it was for the wrong reason on your sister's part).
In Answer to your questions,
" One question... shouldn't an appeal of the decision, be not permitted by me as part of this deal? Shouldn't court appointed legal fees be paid by the loser... and shouldn't the total legal cost be paid or considered for compensation in some manner or form, to the winner and interested parties, such as myself?"
1. An individual's right to appeal cannot be cut off by anyone by any agreement or otherwise. It is limited in that an aggrieved party has 30 days to appeal and if he or she does not appeal within that time frame, it is gone;
2. With respect to legal fees and Court costs, If I am not mistaken, I had suggested on another question page that the Creedmore lawyer tell the Judge to call your sister's Petition "arbitrary, vexatious, and brought for the sole purpose to harass" you and your mother and also stated that you should tell the Creedmore lawyer to ask the Judge for Attorneys' fees; and, I believe that it was in the context of asking why your mother should have to pay for a lawyer who was not of her choosing, but one that was appointed by the Court. I cannot see any reason why a "Motion for Attorneys' Fees and Court costs" should not be permitted by the winning party. You should either make an appointment to speak with the Creedmore Lawyer, or call and ask him to file such a Motion. I do not think you would be able to get your Attorney's fees, however, because it goes back to the issue of your not being a party to the action. I understand how you feel and I would feel the same way, indignant and insulted after all the acts your sister accused you of in her Petition, but the botXXXXX XXXXXne is that, even though she made so many unfounded accusations in her Petition, you were not named as a party in the action and, as such, you cannot file any Motions for anything. I wish I could tell you otherwise, my friend, but above all, I have an ethical obligation to give you only correct Answers. It would be "illogical" for me to do otherwise.
Something you should seriously consider, now that everything is behind you, is to look back at all that has happened and call on your creative side and write a book. You can dedicate it to your mother and the importance of staying true to one's convictions. Your sister could not sue you for libel for anything you wrote in your book because, "Truth is an absolute defense",
Live Long and Prosper, my Friend,
Good afternoon, Eddie,
I wish I knew the answers to the questions you posed and to those that you have not asked, but remain on your mind, tormenting you ever day. I also wish I could tell you otherwise, but you are walking a tightrope, without a net and a hungry, salivating leopard which refuses to change its spots, looking up at you, biding its time. So, what I will do is hand you a rifle which will serve a dual purpose - use it to keep your balance while you walk the tightrope, get to the other side and then use the rifle for its intended purpose.
With respect to your sister's children, don't even try to compete with her. The best, and only thing, you can do is to be yourself, as if she did not exist. Treat them as you normally would. There will come a time when they will realize what their mother is all about and they will also realize that you played no part in forming their opinion. That will be when they realize that you were right all along and, if your sister is maligning you to them, there never was any basis for anything that she said about you.
Regarding the lawyer to whom you paid $10,000, you should know that our Code of Professional Responsibility, Code of Ethics and Code of Conduct prohibits any attorney from retaining any part of an unearned fee. The lawyer should give you an "Itemized Bill for Legal Services Rendered" which gives a breakdown by date, description of what the lawyer did on that date and how much time it took. I am sure that there is no way that he can justify $10,000 for one letter. So, at the very minimum, you should be receiving $9,500 back. If not, let me know and I will give you the contact information for the New York Attorney Disciplinary Board.
Your proposed title, "Winner, Take Nothing" is very appropriate and very true because nobody wins in these situations. I do not know how I would write a script for such a book because anger would cloud my thinking. I suppose, I would start by taking notes here and there, just to keep things fresh in my mind, and just keep doing that until at least some of the anger subsided. I would probably ask someone who was close to me and whom I trusted, someone who could be objective, to help me write it, just to keep the proper perspective on everything.
As for an apology, do not expect one from your sister (I know you don't, anyway) because that would involve so much more which she is incapable of admitting, possibly even to herself. She would have to admit that she was doing it for self-serving reasons, that she is selfish, that she holds a lot of malice towards you and your mother, that she is spiteful and jealous of you, and so much more. An apology would be an admission on her part of all the negative parts of her character, so that is something that she will not do. I do not know what to say, or what you should tell her because I put myself in your position and I know that I would not be able to be civil to someone like that. However, you do not have much choice because you cannot say anything that would make it appear as if you are talking against her behind her back. I think it is a good idea to have a lawyer be the "go-between" for now because the lawyer will serve as a buffer and will also be a witness that you did not say or do anything to prevent your sister from seeing your mother. The lawyer should also do the same thing for your mother so that your sister is clear that you are not influencing your mother or her feelings towards your sister in any way. It is a rather cumbersome way to communicate, but it might be necessary so that your sister is not given any fuel to put on her fire and institute any new actions against your mother or you. Your sister is prone to look at the negative side of things and appears to be very litigious, so I would consider that anything you do to protect yourself and your mother, would be the very least that you can do; at this time, anyway,
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