The court affirmed the lower court's denial of Tanya Smith's request for a preliminary injunction against Nolan Brumfield. Smith purchased Brumfield's property in New Orleans at a tax sale after he failed to pay taxes, but Brumfield redeemed the property during the redemption period. Smith sought to bar Brumfield from the property until reimbursed for repairs she made, but the court found she failed to prove irreparable harm or likelihood of success on the merits, as required for a preliminary injunction.
(1) The demurrer to the Second Cause of Action for Interference with Economic Relations is sustained without leave to amend because the defendant did not owe the plaintiff a duty of care and the plaintiff failed to allege that the defendant's conduct was independently unlawful.
(2) The motion to strike paragraph 29 of the SAC and paragraph c of the prayer to the second cause of action is granted without leave to amend because the plaintiff did not allege sufficient facts to support that the defendant acted with malice or oppression to warrant punitive damages.
This memorandum supports plaintiff Carol Broad's motion for a preliminary injunction to prevent defendant Herb Hancock from demolishing and reconstructing his property. The memorandum argues that Broad is likely to succeed on the merits because Hancock's construction plans violate the governing documents of their homeowners association and Broad's express easement for air and light. It asserts that Broad will suffer irreparable harm without an injunction and that the balance of hardships weighs in her favor. The memorandum concludes that both a preliminary and permanent injunction should be granted to prevent Hancock from breaching the covenant and violating Broad's property rights.
The document discusses several issues relating to appeals in special proceedings:
1) Only interested parties may appeal orders or judgments from special proceedings. Strangers without a material interest do not have a right to appeal.
2) In appeals from special proceedings, the period of appeal is 30 days and a record on appeal is required. The court loses jurisdiction only over matters included in a timely filed record on appeal.
3) The document then lists several types of orders that are considered appealable in special proceedings relating to estates, including orders allowing or disallowing wills or claims, settling accounts, and determining heirs.
4) It provides examples from Supreme Court jurisprudence of other appealable orders related to
This document is a stipulation to dismiss an adversary proceeding filed in bankruptcy court. It summarizes that the plaintiff filed a complaint against the defendant seeking to prevent discharge of a debt. The case was then stayed pending resolution of a related state court lawsuit. That state court lawsuit was then dismissed. The parties now wish to dismiss the adversary proceeding with prejudice, with each party bearing their own costs and fees. The court will retain jurisdiction to enforce the terms of the dismissal.
JUDICIAL THREATS OF SANCTIONS - Against Vogel Denise NewsomeVogelDenise
1) Newsome filed a discrimination charge with the EEOC against her former employer CHM. The EEOC dismissed the charge after determining CHM was exempt from religious discrimination claims as a religious organization.
2) Newsome then filed a lawsuit against the EEOC seeking to compel further investigation. The district court dismissed the lawsuit, finding Newsome's claims lacked merit.
3) The appeals court affirmed the dismissal, finding that the EEOC has discretion over the scope of investigations and Newsome had other remedies available through suing her employer directly. Newsome's legal theories did not plausibly allege violations of Title VII, the APA, civil rights statutes, or the constitution.
SC Opinion and Order - motion for comtemptJRachelle
The court granted in part and denied in part the plaintiff's motion for contempt and sanctions. The court found Susan Brown, the attorney, in contempt for violating a consent order requiring her to turn over all copies of estate property. However, the court did not find Ben Thompson, Brown's former client, in contempt as there was no clear evidence he violated the order. As a sanction, the court ordered Brown to pay the plaintiff's reasonable attorney's fees and costs for bringing the contempt motion, but no other punitive sanctions. The court also ordered Brown and Thompson to turn over any remaining estate property.
The document is an order from a United States Bankruptcy Court case dismissing an adversary proceeding with prejudice. The order approves a stipulation between the plaintiff Virgie Arthur and defendant Bonnie Gayle Stern to dismiss the adversary proceeding, with each party bearing their own costs and fees. The court retains jurisdiction over the interpretation and enforcement of the order.
(1) The demurrer to the Second Cause of Action for Interference with Economic Relations is sustained without leave to amend because the defendant did not owe the plaintiff a duty of care and the plaintiff failed to allege that the defendant's conduct was independently unlawful.
(2) The motion to strike paragraph 29 of the SAC and paragraph c of the prayer to the second cause of action is granted without leave to amend because the plaintiff did not allege sufficient facts to support that the defendant acted with malice or oppression to warrant punitive damages.
This memorandum supports plaintiff Carol Broad's motion for a preliminary injunction to prevent defendant Herb Hancock from demolishing and reconstructing his property. The memorandum argues that Broad is likely to succeed on the merits because Hancock's construction plans violate the governing documents of their homeowners association and Broad's express easement for air and light. It asserts that Broad will suffer irreparable harm without an injunction and that the balance of hardships weighs in her favor. The memorandum concludes that both a preliminary and permanent injunction should be granted to prevent Hancock from breaching the covenant and violating Broad's property rights.
The document discusses several issues relating to appeals in special proceedings:
1) Only interested parties may appeal orders or judgments from special proceedings. Strangers without a material interest do not have a right to appeal.
2) In appeals from special proceedings, the period of appeal is 30 days and a record on appeal is required. The court loses jurisdiction only over matters included in a timely filed record on appeal.
3) The document then lists several types of orders that are considered appealable in special proceedings relating to estates, including orders allowing or disallowing wills or claims, settling accounts, and determining heirs.
4) It provides examples from Supreme Court jurisprudence of other appealable orders related to
This document is a stipulation to dismiss an adversary proceeding filed in bankruptcy court. It summarizes that the plaintiff filed a complaint against the defendant seeking to prevent discharge of a debt. The case was then stayed pending resolution of a related state court lawsuit. That state court lawsuit was then dismissed. The parties now wish to dismiss the adversary proceeding with prejudice, with each party bearing their own costs and fees. The court will retain jurisdiction to enforce the terms of the dismissal.
JUDICIAL THREATS OF SANCTIONS - Against Vogel Denise NewsomeVogelDenise
1) Newsome filed a discrimination charge with the EEOC against her former employer CHM. The EEOC dismissed the charge after determining CHM was exempt from religious discrimination claims as a religious organization.
2) Newsome then filed a lawsuit against the EEOC seeking to compel further investigation. The district court dismissed the lawsuit, finding Newsome's claims lacked merit.
3) The appeals court affirmed the dismissal, finding that the EEOC has discretion over the scope of investigations and Newsome had other remedies available through suing her employer directly. Newsome's legal theories did not plausibly allege violations of Title VII, the APA, civil rights statutes, or the constitution.
SC Opinion and Order - motion for comtemptJRachelle
The court granted in part and denied in part the plaintiff's motion for contempt and sanctions. The court found Susan Brown, the attorney, in contempt for violating a consent order requiring her to turn over all copies of estate property. However, the court did not find Ben Thompson, Brown's former client, in contempt as there was no clear evidence he violated the order. As a sanction, the court ordered Brown to pay the plaintiff's reasonable attorney's fees and costs for bringing the contempt motion, but no other punitive sanctions. The court also ordered Brown and Thompson to turn over any remaining estate property.
The document is an order from a United States Bankruptcy Court case dismissing an adversary proceeding with prejudice. The order approves a stipulation between the plaintiff Virgie Arthur and defendant Bonnie Gayle Stern to dismiss the adversary proceeding, with each party bearing their own costs and fees. The court retains jurisdiction over the interpretation and enforcement of the order.
Francisco Velez and Beatriz Wassmer planned to marry on September 4, 1954. However, on the day of the wedding, Velez left Beatriz a note postponing the wedding because his mother opposed it, and then disappeared without contact. Beatriz sued Velez for damages. The court found in favor of Beatriz, ordering Velez to pay damages. Velez appealed. Ordinarily, merely breaching a marriage promise is not grounds for a lawsuit. However, in this case Velez formally planned an elaborate wedding, invited guests, and left Beatriz humiliated just before the ceremony. The court found Velez's actions unjustifiable and awarded Beatriz moral and exempl
Plaintiff Joan Silver was injured during a hypnotherapy session with Defendant Stanley Fine, a Baltimore County volunteer. Silver did not provide formal notice to the county of her potential lawsuit as required by law. Instead, some months later, she sent an informal email to her former boss, the County Executive, hinting at a possible lawsuit but not explicitly stating her intent. Defendant argues that Silver did not substantially comply with the notice requirement or show good cause for failing to comply. As such, Defendant's motion for summary judgment should be granted.
The Supreme Court of the Philippines upheld the Court of Appeals' decision declaring the devise in favor of Sofia J. Nepomuceno in the last will and testament of Martin Jugo to be null and void. While probate courts generally only examine the extrinsic validity of wills, exceptional circumstances allowed the court to examine intrinsic validity. As Martin Jugo admitted to an illicit relationship with Nepomuceno in the will itself, the court was within its jurisdiction to declare that specific devise invalid according to Article 739 of the Civil Code, which prohibits donations between persons guilty of adultery or concubinage.
11/06/13 REBUTTAL MOTION TO 102313 RULING (MMS).VogelDenise
HOW “CORRUPT” is the United States of America’s GOVERNMENT and JUDICIAL SYSTEM? Well its lawyers/attorneys (Baker Donelson Bearman Caldwell & Berkowitz) “CANNOT” win lawsuits/legal matters involving Vogel Denise Newsome WITHOUT the use of “BRIBES, BLACKMAIL, EXTORTION, THREATS, COERCION, etc.” to Judicial Officials/Employees. See for yourself how it appears Baker Donelson Bearman Caldwell & Berkowitz goes about getting rulings in their favor and that of their clients. Then they want the WORLD to think that WHISTLEBLOWERS like Edward Snowden and or those people (i.e. such as WIKILEAKS’ Julian Assange) they want EXTRADITED to the United States of America to be TRIED can get justice. Well THINK AGAIN! One can gather from the “PATTERN-OF-PRACTICE” of the United States of America’s CORRUPT Government Officials/Judges and their CONSPIRATORS/CO-CONSPIRATORS they look to have those who OPPOSE them either KILLED/MURDERED and/or WRONGFULLY INCARCERATED! No you WILL NOT get this TRUTH through the United States of America’s MEDIA sources nor that of its ALLIES that are CONSPIRATORS/CO-CONSPIRATORS in such TERRORISTS/RACIST attacks on Vogel Denise Newsome and FOREIGN Nations/Leaders/Citizens!
Rolfe Jandreski filed an answer to Sandra Jandreski's complaint for absolute divorce and a counterclaim for absolute divorce. In his answer, Rolfe denies the grounds for divorce alleged in Sandra's complaint. In his counterclaim, Rolfe alleges that Sandra was guilty of cruel and inhuman treatment, rendering cohabitation unsafe. Rolfe also claims the parties have irreconcilable differences and that he is the fit person to have custody of their two minor children. Rolfe prays that he be awarded an absolute divorce, a fair property distribution, custody of the children, and child support from Sandra.
09/03/14 - LACK OF JURISDICTION - RESPONSE TO 08/12/14 JUDGE RUSSELL ENTRYVogelDenise
This document outlines Denise Newsome's response to a judge's ruling overruling her objections to a magistrate's decision in a civil eviction case brought against her by Anna Louise Inn. Newsome argues the court lacks jurisdiction for several reasons, including that service of process was incomplete as she is an out-of-state resident. She reiterates her intent to file criminal complaints against Anna Louise Inn and others for their role in the "criminal and civil wrongdoings" in the case. Newsome provides supporting arguments and cites statutes and case law regarding tenant rights and the requirements for service of process and jurisdiction.
This document discusses spoliation of evidence claims and the preservation and destruction of evidence. It covers:
1) What constitutes evidence, including documents, testimony, tangible objects, video footage, computer data, logs, witness statements, samples, recordings, and more.
2) How the destruction of evidence can lead to an "adverse presumption" against the destroying party, meaning a jury may presume the evidence would have been unfavorable to them.
3) Available remedies for spoliation include discovery sanctions like fines, dismissal, or default judgment, as well as allowing an adverse presumption instruction to the jury.
4) Defenses to spoliation claims include if litigation was not foreseen,
Stark will be unsuccessful in claiming adverse possession against his cotenant Vanko. [1] Stark cannot claim actual ouster because he did not clearly deny or interrupt Vanko's property rights through hostile actions. [2] Stark also cannot claim constructive ouster because he has not sole possessed the property for the required 20 years without acknowledging Vanko's rights. [3] Under North Carolina law, adverse possession claims against cotenants require clear evidence of actual or constructive ouster, which Stark cannot demonstrate against Vanko based on the facts provided.
Law of Evidence I - Hearsay Notes (Studiouseason)Studious Season
This document discusses the law on hearsay evidence in Malaysia. It defines hearsay as out-of-court statements used to prove the truth of their contents. Hearsay is generally inadmissible due to reliability issues, unless it falls under an exception. The document examines what constitutes hearsay through various cases, and exceptions where hearsay may be admissible, such as statements of unavailable witnesses or dying declarations.
04/01/13 - Response To Supreme Court's 02/01/13 Letter (PKH)VogelDenise
The document is a response from petitioner Vogel Denise Newsome to the Supreme Court regarding its February 1, 2013 letter requesting notification of any conflicts of interest. Newsome rebuts the reasons provided by the Court for returning her original petition, asserting that she properly included all required documents and information in her petition regarding the Court's jurisdiction, the relief sought, and appending necessary judgments and orders from lower courts. Newsome requests that the Court file her original petition and address the questions and issues presented.
This document is a summons directing Donald Smith to respond within 20 days to a lawsuit filed by John Doe in Douglas County District Court. It notifies Smith that he is being sued, that he must respond to the complaint by filing an answer responding to each claim within 20 days, and that if he fails to respond he will lose the case by default. It also provides contact information for the plaintiff's attorney and information about legal assistance and alternative dispute resolution.
This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
The letter summarizes the strong case for a substantial settlement in the civil rights lawsuit Darryl Hunt plans to bring against the City of Winston-Salem. The attorney argues that Hunt's case alleging fabrication of evidence is stronger than the Earl Washington case, where a $2.2 million verdict was awarded. The letter provides details of how police destroyed and concealed evidence linking Willard Brown to multiple rapes, fabricating evidence against Hunt instead. It asserts municipal liability for the police department and city's failure to address misconduct despite notice, allowing wrongful convictions of Hunt to persist for decades. A settlement is urged to avoid an even costlier verdict if the case proceeds to trial.
Reply to State's Objection to Request For Court-Ordered SanctionsRich Bergeron
This is my quick reply to the ridiculously deficient objection to my sanctions motion filed by Deputy Grafton County Attorney Tara Heater. The judge ended up not giving Heater an extension and set the hearing for March 5, 2021.
09/03/14 - LACK OF JURISDICTION - RESPONSE TO 08/12/14 JUDGE RUSSELL MFSOE ENTRYVogelDenise
This document discusses a court case between Anna Louise Inn (Plaintiff) and Denise Newsome (Defendant). It asserts that the court lacks jurisdiction due to incomplete service of process. It reiterates criminal complaints against the Plaintiff, court, and others for their role in legal wrongdoings. These include threats made against the Defendant, filing a frivolous eviction action, fraud upon the court, and other crimes. The document maintains the Defendant properly contested the eviction lawsuit and notified the involved parties about their criminal acts, providing her the right to pursue criminal and civil complaints against them.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Motion For Sanctions Against Andrew Livernois, Keith Cormier,Tara Heater and ...Rich Bergeron
My motion for sanctions against a pair of attorneys from Belknap County and another two from Grafton County. Four attorneys handling my case all lied and misrepresented the law. This motion demonstrates what is fundamentally wrong about your local justice system in New Hampshire.
FindLaw | Government Response to Motion to Dismiss AETA caseLegalDocs
Federal prosecutors' response to the defense motion to dismiss a federal indictment charging four people with violating a federal law intended to protect animal researchers.
This document reviews testing for causality between variables. It begins by defining Granger causality, which tests whether including one time series helps forecast another. For bivariate systems, causality can be tested by examining coefficients in a vector autoregression (VAR) model. For multivariate systems, causality is more complex and graphical models may help. The document outlines procedures for testing causality between stationary and nonstationary time series using impulse responses, vector autoregressive moving average (VARMA) models, and other techniques. It provides examples and discusses challenges like potential omitted common factors.
IV Evento GeneXus Italia - Power linux Rad Solutions
IBM has invested $2.4 billion directly into developing its Power Linux ecosystem over 3 years. This includes $1 billion invested in Linux and open technologies. The Power Systems strategy focuses on supporting current applications and emerging solutions through open platforms, leadership, and a vibrant ecosystem. IBM offers a testing center for porting and benchmarking applications to its Power8 servers running Linux, AIX, or IBM i.
Este documento resume los principales aspectos del movimiento impresionista que se desarrolló en la segunda mitad del siglo XIX. Se caracterizó por intentar plasmar la luz y sus efectos en lugar de formas definidas. Los impresionistas eliminaron detalles y sugirieron formas usando colores primarios. El paisaje fue su tema principal y usaron una técnica rápida de pinceladas cargadas de color sin perspectiva. Eliminaron el negro y blanco puro de su paleta y siempre consideraron a Monet como su máximo represent
Francisco Velez and Beatriz Wassmer planned to marry on September 4, 1954. However, on the day of the wedding, Velez left Beatriz a note postponing the wedding because his mother opposed it, and then disappeared without contact. Beatriz sued Velez for damages. The court found in favor of Beatriz, ordering Velez to pay damages. Velez appealed. Ordinarily, merely breaching a marriage promise is not grounds for a lawsuit. However, in this case Velez formally planned an elaborate wedding, invited guests, and left Beatriz humiliated just before the ceremony. The court found Velez's actions unjustifiable and awarded Beatriz moral and exempl
Plaintiff Joan Silver was injured during a hypnotherapy session with Defendant Stanley Fine, a Baltimore County volunteer. Silver did not provide formal notice to the county of her potential lawsuit as required by law. Instead, some months later, she sent an informal email to her former boss, the County Executive, hinting at a possible lawsuit but not explicitly stating her intent. Defendant argues that Silver did not substantially comply with the notice requirement or show good cause for failing to comply. As such, Defendant's motion for summary judgment should be granted.
The Supreme Court of the Philippines upheld the Court of Appeals' decision declaring the devise in favor of Sofia J. Nepomuceno in the last will and testament of Martin Jugo to be null and void. While probate courts generally only examine the extrinsic validity of wills, exceptional circumstances allowed the court to examine intrinsic validity. As Martin Jugo admitted to an illicit relationship with Nepomuceno in the will itself, the court was within its jurisdiction to declare that specific devise invalid according to Article 739 of the Civil Code, which prohibits donations between persons guilty of adultery or concubinage.
11/06/13 REBUTTAL MOTION TO 102313 RULING (MMS).VogelDenise
HOW “CORRUPT” is the United States of America’s GOVERNMENT and JUDICIAL SYSTEM? Well its lawyers/attorneys (Baker Donelson Bearman Caldwell & Berkowitz) “CANNOT” win lawsuits/legal matters involving Vogel Denise Newsome WITHOUT the use of “BRIBES, BLACKMAIL, EXTORTION, THREATS, COERCION, etc.” to Judicial Officials/Employees. See for yourself how it appears Baker Donelson Bearman Caldwell & Berkowitz goes about getting rulings in their favor and that of their clients. Then they want the WORLD to think that WHISTLEBLOWERS like Edward Snowden and or those people (i.e. such as WIKILEAKS’ Julian Assange) they want EXTRADITED to the United States of America to be TRIED can get justice. Well THINK AGAIN! One can gather from the “PATTERN-OF-PRACTICE” of the United States of America’s CORRUPT Government Officials/Judges and their CONSPIRATORS/CO-CONSPIRATORS they look to have those who OPPOSE them either KILLED/MURDERED and/or WRONGFULLY INCARCERATED! No you WILL NOT get this TRUTH through the United States of America’s MEDIA sources nor that of its ALLIES that are CONSPIRATORS/CO-CONSPIRATORS in such TERRORISTS/RACIST attacks on Vogel Denise Newsome and FOREIGN Nations/Leaders/Citizens!
Rolfe Jandreski filed an answer to Sandra Jandreski's complaint for absolute divorce and a counterclaim for absolute divorce. In his answer, Rolfe denies the grounds for divorce alleged in Sandra's complaint. In his counterclaim, Rolfe alleges that Sandra was guilty of cruel and inhuman treatment, rendering cohabitation unsafe. Rolfe also claims the parties have irreconcilable differences and that he is the fit person to have custody of their two minor children. Rolfe prays that he be awarded an absolute divorce, a fair property distribution, custody of the children, and child support from Sandra.
09/03/14 - LACK OF JURISDICTION - RESPONSE TO 08/12/14 JUDGE RUSSELL ENTRYVogelDenise
This document outlines Denise Newsome's response to a judge's ruling overruling her objections to a magistrate's decision in a civil eviction case brought against her by Anna Louise Inn. Newsome argues the court lacks jurisdiction for several reasons, including that service of process was incomplete as she is an out-of-state resident. She reiterates her intent to file criminal complaints against Anna Louise Inn and others for their role in the "criminal and civil wrongdoings" in the case. Newsome provides supporting arguments and cites statutes and case law regarding tenant rights and the requirements for service of process and jurisdiction.
This document discusses spoliation of evidence claims and the preservation and destruction of evidence. It covers:
1) What constitutes evidence, including documents, testimony, tangible objects, video footage, computer data, logs, witness statements, samples, recordings, and more.
2) How the destruction of evidence can lead to an "adverse presumption" against the destroying party, meaning a jury may presume the evidence would have been unfavorable to them.
3) Available remedies for spoliation include discovery sanctions like fines, dismissal, or default judgment, as well as allowing an adverse presumption instruction to the jury.
4) Defenses to spoliation claims include if litigation was not foreseen,
Stark will be unsuccessful in claiming adverse possession against his cotenant Vanko. [1] Stark cannot claim actual ouster because he did not clearly deny or interrupt Vanko's property rights through hostile actions. [2] Stark also cannot claim constructive ouster because he has not sole possessed the property for the required 20 years without acknowledging Vanko's rights. [3] Under North Carolina law, adverse possession claims against cotenants require clear evidence of actual or constructive ouster, which Stark cannot demonstrate against Vanko based on the facts provided.
Law of Evidence I - Hearsay Notes (Studiouseason)Studious Season
This document discusses the law on hearsay evidence in Malaysia. It defines hearsay as out-of-court statements used to prove the truth of their contents. Hearsay is generally inadmissible due to reliability issues, unless it falls under an exception. The document examines what constitutes hearsay through various cases, and exceptions where hearsay may be admissible, such as statements of unavailable witnesses or dying declarations.
04/01/13 - Response To Supreme Court's 02/01/13 Letter (PKH)VogelDenise
The document is a response from petitioner Vogel Denise Newsome to the Supreme Court regarding its February 1, 2013 letter requesting notification of any conflicts of interest. Newsome rebuts the reasons provided by the Court for returning her original petition, asserting that she properly included all required documents and information in her petition regarding the Court's jurisdiction, the relief sought, and appending necessary judgments and orders from lower courts. Newsome requests that the Court file her original petition and address the questions and issues presented.
This document is a summons directing Donald Smith to respond within 20 days to a lawsuit filed by John Doe in Douglas County District Court. It notifies Smith that he is being sued, that he must respond to the complaint by filing an answer responding to each claim within 20 days, and that if he fails to respond he will lose the case by default. It also provides contact information for the plaintiff's attorney and information about legal assistance and alternative dispute resolution.
This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
The letter summarizes the strong case for a substantial settlement in the civil rights lawsuit Darryl Hunt plans to bring against the City of Winston-Salem. The attorney argues that Hunt's case alleging fabrication of evidence is stronger than the Earl Washington case, where a $2.2 million verdict was awarded. The letter provides details of how police destroyed and concealed evidence linking Willard Brown to multiple rapes, fabricating evidence against Hunt instead. It asserts municipal liability for the police department and city's failure to address misconduct despite notice, allowing wrongful convictions of Hunt to persist for decades. A settlement is urged to avoid an even costlier verdict if the case proceeds to trial.
Reply to State's Objection to Request For Court-Ordered SanctionsRich Bergeron
This is my quick reply to the ridiculously deficient objection to my sanctions motion filed by Deputy Grafton County Attorney Tara Heater. The judge ended up not giving Heater an extension and set the hearing for March 5, 2021.
09/03/14 - LACK OF JURISDICTION - RESPONSE TO 08/12/14 JUDGE RUSSELL MFSOE ENTRYVogelDenise
This document discusses a court case between Anna Louise Inn (Plaintiff) and Denise Newsome (Defendant). It asserts that the court lacks jurisdiction due to incomplete service of process. It reiterates criminal complaints against the Plaintiff, court, and others for their role in legal wrongdoings. These include threats made against the Defendant, filing a frivolous eviction action, fraud upon the court, and other crimes. The document maintains the Defendant properly contested the eviction lawsuit and notified the involved parties about their criminal acts, providing her the right to pursue criminal and civil complaints against them.
J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER J JOHN SEBASTIAN ATTORNEY J JOHN SEBASTIAN ATTORNEY LAWYER
Motion For Sanctions Against Andrew Livernois, Keith Cormier,Tara Heater and ...Rich Bergeron
My motion for sanctions against a pair of attorneys from Belknap County and another two from Grafton County. Four attorneys handling my case all lied and misrepresented the law. This motion demonstrates what is fundamentally wrong about your local justice system in New Hampshire.
FindLaw | Government Response to Motion to Dismiss AETA caseLegalDocs
Federal prosecutors' response to the defense motion to dismiss a federal indictment charging four people with violating a federal law intended to protect animal researchers.
This document reviews testing for causality between variables. It begins by defining Granger causality, which tests whether including one time series helps forecast another. For bivariate systems, causality can be tested by examining coefficients in a vector autoregression (VAR) model. For multivariate systems, causality is more complex and graphical models may help. The document outlines procedures for testing causality between stationary and nonstationary time series using impulse responses, vector autoregressive moving average (VARMA) models, and other techniques. It provides examples and discusses challenges like potential omitted common factors.
IV Evento GeneXus Italia - Power linux Rad Solutions
IBM has invested $2.4 billion directly into developing its Power Linux ecosystem over 3 years. This includes $1 billion invested in Linux and open technologies. The Power Systems strategy focuses on supporting current applications and emerging solutions through open platforms, leadership, and a vibrant ecosystem. IBM offers a testing center for porting and benchmarking applications to its Power8 servers running Linux, AIX, or IBM i.
Este documento resume los principales aspectos del movimiento impresionista que se desarrolló en la segunda mitad del siglo XIX. Se caracterizó por intentar plasmar la luz y sus efectos en lugar de formas definidas. Los impresionistas eliminaron detalles y sugirieron formas usando colores primarios. El paisaje fue su tema principal y usaron una técnica rápida de pinceladas cargadas de color sin perspectiva. Eliminaron el negro y blanco puro de su paleta y siempre consideraron a Monet como su máximo represent
The weekly digital bulletin for Holy Trinity Orthodox Church at 119 S. Sparks St. in State College, Pennsylvania, showing events for Sunday, March 17 through Sunday, March 24, 2013.
O documento discute a prática do jejum na Bíblia. Jesus ensina que seus discípulos não precisam jejuar enquanto Ele estiver com eles, mas que haverá um tempo em que o jejum será apropriado como uma expressão de luto e tristeza após Sua partida. O texto também aborda como o jejum pode ser uma forma de oração e humilhação diante de Deus, pedindo Sua direção e força.
Top 8 human resources administrator resume samplesjomfume
The document discusses different types of resume formats and provides examples of each type. It also lists additional useful materials for human resources administrator interviews, including interview questions, dress code tips, and case study examples. Specifically, it outlines 8 types of resumes: chronological, functional, curriculum vitae, combination, targeted, professional, new graduate, and executive resumes. For each type, it provides a brief description of what it is and who should use it. It also provides sample resumes in the chronological and functional formats. Finally, it lists additional online resources for preparing for human resources administrator interviews.
Cloudera Sessions - Optimize Your Data WarehouseCloudera, Inc.
All data is potentially valuable to your business, but its value density determines just how you manage and access that data. Discover how Hadoop complements your data warehouse by letting your choose the “right tool for the right job” and optimize your data economics and usage.
Este documento describe las características de diferentes tipos de redes, incluyendo redes LAN, WAN y MAN. Explica los componentes necesarios para una red LAN cableada como tarjetas de red, cables, y un hub o switch. También describe las ventajas de una red LAN y los tipos de arquitectura de red adecuados e inadecuados. Brevemente describe las características de una WAN y MAN, incluyendo sus componentes físicos y estándares.
Património edificado S. Martinho do Portobibliotecasmp
Este documento resume dos importantes edificios patrimoniales en S. Martinho do Porto: el Hotel Parque y el Palacete das Palmeiras. El Hotel Parque fue construido en 1910 y actualmente está protegido por el ayuntamiento. El Palacete das Palmeiras fue construido a finales del siglo XIX para recibir a la familia real y ahora aloja apartamentos. El documento incluye fotos históricas y actuales de los dos edificios.
The document is an audit checklist for reviewing the organization and administration, program maintenance, system development, and access controls of a company's information systems. It contains questions to evaluate whether duties are properly segregated, programs are authorized and tested before production, systems are developed following standards, and access to data files is restricted only to authorized users and programs. The checklist aims to assess whether the company has implemented proper controls and policies over its IT systems.
Instagram es una red social y aplicación para compartir fotos y videos creada por Kevin Systrom y Mike Krieger en 2010. Los usuarios pueden aplicar filtros y efectos a las fotos y compartirlas en otras redes sociales. Instagram se hizo popular rápidamente, alcanzando 100 millones de usuarios en 2012. La aplicación ha recibido varios premios por su innovación y crecimiento.
La convivencia es la forma en que las personas se relacionan y deben escoger desde jóvenes, requiriendo respeto, amor y perdón. La convivencia escolar implica que estudiantes y adultos participen con derechos y responsabilidades. La convivencia social consiste en respeto mutuo entre personas, cosas y el medio ambiente. La convivencia familiar puede entrar en conflicto debido a valores sociales que no coinciden siempre con la familia.
Shefqet Avdush Emini is a Kosovo-born artist now living and working in Holland. He describes his work as "figurative abstract expressionism" incorporating vibrant color and layered brushstrokes. Art gives meaning to his life and he finds happiness in painting. When painting, he feels he enters his own world and feels free and tired upon completion. He believes art and music feed the soul and help him connect to his higher self.
The document provides a list of useful materials for IT supervisor interviews and resumes, including different resume formats and samples, tips for writing effective resumes and cover letters, and interview questions and answers. It includes links to resources on resume123.org for chronological, functional, curriculum vitae (CV), combination, targeted, professional, new graduate, and executive resume samples. It also lists additional interview preparation materials and common interview questions.
Nova Portaria sobre Lista Suja e Trabalho Escravo. Análise sobre a Lista Suja do MTE, relacionada a
empregadores flagrados utilizando mão de obra escrava.
Essa informação é particularmente interessante para quem está estudando para o concurso de Auditor-Fiscal do Trabalho (AFT).
In what ways does your media product use, develop or challenge forms and conv...najmaali95
The document summarizes an indie music video project. It discusses the inspiration drawn from other indie music videos, the storyline about a girl dealing with heartbreak, use of costumes, camera shots including close-ups, a forest location, increasing editing tempo, special effects like blending shots, and print materials inspired by Lana Del Rey's album cover emphasizing simplicity and emotion. The music video uses visuals and lyrics to represent the main character transforming into a "beast" due to her emotions.
This document contains Plaintiff Traian Bujduveanu's objections to a report and recommendations regarding Defendants' motion to dismiss. The Plaintiff objects on several grounds: (1) that the judge did not properly consider all documents submitted and failed to acknowledge admissions by Defendants; (2) that the Fourth Amendment protects third parties from searches of their property; (3) that requests for religious accommodation were denied; and (4) that conditions at the halfway house violated the Eighth Amendment's prohibition on cruel and unusual punishment. The Plaintiff argues these objections demonstrate the complaint should not be dismissed.
121815 - OBJECTION TO 120815 ORDER ON OBJECTION (Townsend Matter)VogelDenise
POWER WITH "WE THE PEOPLE" - KNOW YOUR LEGAL/LAWFUL RIGHTS TO OVERTHROW THE UNITED STATES OF AMERICA'S DESPOTISM GOVERNMENT and have a GOVERNMENT that WORKS for "WE THE PEOPLE!"
DECLARATION OF INDEPENDENCE - Overthrowing Despotism, Political Corruption, Judicial Corruption/Injustices. . . .HEALING and RESTORING a NATION!
This document is Plaintiff Jamil Sharif's memorandum in opposition to Defendant Decatur Hotels, LLC's motion to set aside a default judgment. Sharif argues that service of process was properly perfected on Decatur Hotels. He also argues that Decatur Hotels' failure to respond to the lawsuit was willful, precluding a finding of excusable neglect, and that setting aside the default judgment would prejudice Sharif. Therefore, Sharif asserts that the default judgment should not be set aside under Rules 60(b)(4), 60(b)(6), or 60(b)(1) of the Federal Rules of Civil Procedure.
Motion to Schedule Trial (Speedy Trial Rights)Rich Bergeron
1. Richard Bergeron III filed a motion to schedule his trial as soon as possible in his criminal case in Belknap County Superior Court, citing violations of his right to a speedy trial.
2. Bergeron was arrested in February 2019 and remains on bail conditions, but over two years later there is still no trial date set due to scheduling delays and a backlogged court docket.
3. Bergeron argues that further delays in scheduling his trial would continue to violate his constitutional right to a speedy trial and requests that his case be scheduled for trial immediately or dismissed.
This special master's report deals with the division of property owned by Tom Smith and Jane Doe as tenants in common. The report finds that:
1) The property must be sold, rather than partitioned, due to the small lot size and hostility between the parties.
2) The property must be sold to a third party, as neither Smith nor Doe presented sufficient evidence of their ability to qualify for financing to purchase the other's share.
3) The fair market value of the property is $258,000 based on testimony from real estate agents. The sale proceeds will be divided according to the parties' respective shares as determined in the report.
Reply In Support Of Motion To Amend And Add Brown Law FirmJRachelle
This document is a reply in support of a motion to amend a complaint to add Susan M. Brown as a defendant. It argues that Brown is not immune from liability for her conduct related to estate property, which included distributing property without authorization and engaging in criminal acts. It also argues that any delay in adding Brown as a defendant was due to her own attempts to delay, including refusing a deposition without a court order. The reply seeks to add Brown as a defendant for claims related to the conduct already at issue in the case.
The Court of Appeals affirms the lower court's granting of summary judgment to CitiMortgage in a foreclosure action. Maria Potvin argued she was entitled to relief under the Home Affordable Modification Program and that foreclosure was inequitable, but the court found the mediation was non-binding and she did not sign the modification agreement or make payments. The court also found the affidavit from CitiMortgage in support of summary judgment met evidentiary rules for records of regularly conducted business activities. Therefore, the appeals court denied all of Potvin's assignments of error and upheld the foreclosure.
Titlow v. Burt U.S. Supreme Court briefChris Harden
1. Vonlee Titlow was convicted of second-degree murder for participating in his uncle's murder with his aunt Billie Rogers in order to inherit the uncle's estate. Titlow had originally agreed to a plea deal but later withdrew the plea.
2. Titlow filed for habeas corpus relief claiming ineffective assistance of counsel, specifically that his attorney Frederick Toca provided deficient counsel by allowing him to withdraw his plea and maintain his claim of innocence.
3. The Sixth Circuit granted habeas relief, but the state argues it failed to give appropriate deference to the state court ruling under AEDPA. The state argues Titlow failed to meet the Strickland and Lafler tests to prove ineffective assistance of counsel
Memo Of Support For Contempt And SanctionsJRachelle
This document provides the background and statement of facts regarding a motion for contempt and sanctions against G. Ben Thompson and Susan M. Brown. It details that Brown consented to a preliminary injunction regarding estate property but failed to disclose that she had already provided estate property hard drives to a third party. It was later discovered that Brown still possessed additional estate property files and documents in violation of the court order. The motion seeks to hold Brown and Thompson in contempt of court and impose sanctions for Brown's failure to fully comply with the court's order regarding returning all estate property.
Michael Smyth sued his former employer Pillsbury for wrongful termination. Smyth claims he was fired for sending private email messages over Pillsbury's email system in reliance on their assurances that email would remain confidential. Pillsbury argues that, as an at-will employee, Smyth could be fired without cause. The court must determine if Smyth's termination violates public policy regarding an employee's right to privacy. While Pennsylvania law generally allows at-will termination, exceptions exist for terminations that threaten clear public policy mandates. Smyth claims his termination violated public policy protecting privacy in email communications.
UNITED STATES' ABUSE OF THE 'SERIAL LITIGATOR' DEFENSEVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
This document has been prepared in support of DEPRIVATION OF JURY TRIAL(S) - i.e. as “For depriving us in many cases, of the benefits of Trial by Jury” – as set forth in the United States of America’s DECLARATION OF INDEPENDENCE. Furthermore, provides a copy of a Court Order FALSELY accusing Newsome of RACIAL and ANTI-SEMITIC SLURS for addressing for what are KNOWN to be Terrorist Acts, War Crimes, Apartheid Practices/Crimes Against Humanity, and other Criminal Acts launched against her by the United States of America’s NAZI’S and/or WHITE Jews/Zionists/Supremacists!
IMPORTANT TO NOTE: Are those WHO played ROLES in the FOUNDING of Israel as the Nazis and/or WHITE Jewish/Zionists/Supremacists Law Firms as Baker Donelson Bearman Caldwell & Berkowitz: https://www.slideshare.net/VogelDenise/baker-donelson-founder-of-state-of-israel
The DENIAL of JURY TRIAL is also a defense that may be used in seeking INTERNATIONAL Judicial Review, INVESTIGATIONS and PROSECUTIONS, etc. – i.e. in taking matter(s) before INTERNATIONAL Tribunals!
This document is an order from a United States District Court regarding cross-motions for summary judgment in a case involving a plaintiff who was imprisoned at a halfway house operated by the defendant. The court provides background on the case, including that the plaintiff sued over alleged unlawful seizure of his property and constitutional violations. The court evaluates the motions using the standard for summary judgment, granting the defendant's motion and denying the plaintiff's motion.
030716 OBJECTION TO 022516 FINAL DECREE (Townsend Matter)VogelDenise
17 USC § 107 (LIMITATIONS On EXCLUSIVE Rights - FAIR USE)
This is the Court pleading filed on 03/07/16, in the United States Bankruptcy Court – Southern District of Mississippi (Jackson). This document has been filed and Court pleading DRAFTED to EXPOSE and SHARE information with the Public/World of HOW the DESPOTISM Zionist/White Supremacist Government Regime of the United States of America has gone about INFILTRATING the BRANCHES of Government (FEDERAL & STATE – Executive, Legislative and Judicial) for purposes of PROMOTING their RACIST/TERRORIST Attacks on Blacks/African-Americans/People-of-Color.
This case involves a homeowner, Lori Ihli, suing a contractor, Anthony Lazzaretto, for allegedly performing negligent remodeling work on her home. After commencing the lawsuit, Ihli learned she was eligible for disaster relief funding to replace her home. Without notifying Lazzaretto, Ihli allowed her home to be demolished. Lazzaretto then moved for sanctions, requesting dismissal due to spoliation of evidence. The district court granted the motion and dismissed Ihli's claims, finding her actions were more egregious than a similar case where dismissal was upheld as she provided no notice to Lazzaretto. Ihli appealed the dismissal.
The Employment Appeal Tribunal granted Mrs. Ahuja's appeal in part. It found arguable grounds related to her claims of racial discrimination but dismissed her appeal regarding constructive dismissal. Specifically:
1) The Tribunal accepted Mrs. Ahuja's argument that the original Tribunal failed to properly consider an alleged comparator, Mrs. Stewart, in its analysis of her racial discrimination claims.
2) It ruled that the appeal would proceed to a full hearing on the issues of whether the original Tribunal adequately examined the comparison between Mrs. Ahuja and Mrs. Stewart's treatment.
3) However, the Tribunal rejected Mrs. Ahuja's arguments regarding constructive dismissal, finding no errors in the original Tribunal's analysis or
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing a specific act. There are several types of injunctions including mandatory, prohibitory, perpetual, interlocutory, interim, ex parte, quia timet, and Mareva injunctions. A Mareva injunction specifically seeks to freeze a defendant's assets before judgment to ensure assets are not disposed of so that the plaintiff can recover damages if successful. Key requirements for a Mareva injunction are that the plaintiff must make full disclosure of all material facts and have a good arguable case against the defendant.
Reply In Support Of Motion For Contempt For SbJRachelle
This document is a reply brief in support of a motion for contempt and sanctions against Susan M. Brown. It argues that Brown is in contempt of a court order requiring her to return any estate property in her possession. The brief asserts that Brown has provided shifting explanations to avoid contempt and misrepresents facts, including acknowledging in her deposition that she knew the order's requirements and possessed estate property. The brief contends Brown's conduct satisfies the elements for a finding of civil contempt.
1) The case involved an action for unlawful detainer filed by Consolidated Investments Building Inc. against Domingo Dikit for failure to pay rent.
2) The court found that the action was for unlawful detainer, not forcible entry, as Dikit's initial possession of the premises was lawful under a lease agreement. However, his possession became unlawful after he failed to pay rent.
3) Therefore, the municipal court judge acted in excess of jurisdiction in issuing a writ of preliminary injunction, since unlawful detainer cases fall under the jurisdiction of municipal courts, not regional trial courts.
1. ..'
TANYA SMITH * NO.2013-CA-1171
VERSUS *
COURT OF APPEAL
NOLAN BRUMFIELD, *
DISCOVER BANK, AND THE FOURTH CIRCillT
LENDER'S GROUP, INC. *
STATE OF LOUISIANA
*******
APPEAL FROM
CNIL DISTRICT COURT, ORLEANS PARISH
NO. 2011-10933, DIVISION "1-14"
Honorable Piper D. Griffin, Judge
******
PAUL A. BONIN
JUDGE
******
(Court composed ofChiefJudge James F. McKay, III, Judge Dennis R. Bagneris,
Sr., Judge Paul A. Bonin)
John A. E. Davidson
Christopher J. Davidson
DAVIDSON & DAVIDSON, APLC
2901 Independence Street
Suite 201
Metairie, LA 70006
COUNSEL FORPLATINTWF/APPELLANT
James E. Uschold
JAMES E. USCHOLD, PLC
700 Camp Street
Suite 317
New Orleans, LA 70130
COUNSEL FOR DEFENDANTIAPPELLEE
AFFIRMED
JANUARY 15, 2014
2. Tanya Smith purchased immovable property in New Orleans at a tax sale
after Nolan Brumfield, the owner ofthe property, failed to pay the ad valorem
taxes for the 2008 tax year. During the redemptive period, Ms. Smith received two
notices from the City ofNew Orleans threatening her with fines and other
enforcement action ifshe did not remediate the unoccupied and apparently blighted
property. In response, Ms. Smith obtained an exparte writ ofpossession from the
district court and made repairs to the property. The City nonetheless took
enforcement action, imposed a fine, and declared the property blighted.
Prior to the expiration ofthe redemptive period, however, Mr. Brumfield
tendered the past due taxes with interest and costs, and obtained a certificate of
redemption. Notwithstanding Ms. Smith's writ ofpossession, Mr. Brumfield then
took actual possession ofthe property. Mr. Brumfield did not reimburse Ms. Smith
for any ofthe funds that she expended to repair the property.
Ms. Smith instituted suit against Mr. Brumfield and others in which she
sought inter alia injunctive reliefby which she would possess the property and
1
3. prohibit Mr. Brumfield's occupancy and possession until Ms. Smith was fully
reimbursed or otherwise able to acquire title to the property. Mr. Brumfield
answered the suit and sought injunctive reliefagainst Ms. Smith to prohibit her
possession and occupancy ofthe property. On May 30,2013, the trial judge
denied Ms. Smith's request for a preliminary injunction, and, on July 8, 2013, the
trial judge granted a preliminary injunction in favor ofMr. Brumfield. Ms. Smith
timely appealed both judgments.1
See La. C.C.P. art. 3612 C. See also Smith v.
Brumfield, unpub., 13-0923 (La. App. 4 Cir. 7/2/13).
Because Ms. Smith has not shown irreparable harm in the absence of
injunctive reliefor a likelihood ofsuccess at the trial on the merits, we conclude
that the trial judge did not abuse her discretion in denying injunctive reliefto Ms.
Smith. We therefore affirm the trial court's rulings and explain our decision in
greater detail below.2
I
We turn in this Part to describe the facts underlying this controversy.
1 Mr. Brumfield has filed peremptory exceptions ofno cause ofaction and no right ofaction
collaterally. See La. C.C.P. art. 927(5),(6). These were not filed for the first time in our Court
and had been previously denied by the trial court. Mr. Brumfield did not appeal those denials or
include them in his answer to Ms. Smith's appeal. We therefore do not consider his peremptory
exceptions.
2 In her written argument, Ms. Smith focuses solely on the trial judge's denial ofher request for
injunctive reliefand did not directly assert any error stemming from the decision to grant
injunctive reliefto Mr. Brumfield. Ms. Smith's argument explicitly assumes that ifshe
establishes her entitlement to injunctive reliefthe injunctive reliefgranted to Mr. Brumfield
would necessarily be vacated. Because we hold that the trial judge did not abuse her discretion in
denying Ms. Smith's petition for preliminary injunction and Ms. Smith has not specified any
independent error in the issuance ofthe preliminary injunction at Mr. Brumfield's request, we do
not consider the merits ofthe trial judge's decision to grant Mr. Brumfield's preliminary
injunction.
2
4. ( .
A
Mr. Brumfield acquired the residential property located at 12941 Parlange
Court in New Orleans in 2004. Mr. Brumfield, however, did not pay his ad
valorem taxes for 2008, and the property was sold at tax sale to Ms. Smith. On
December 3,2009, the City's Finance Director executed a Tax Sale Deed to Ms.
Smith upon her payment ofthe full amount ofthe delinquent taxes, interest,
penalties, and costs due for that property. Notably, the Tax Sale Deed in bold print
and capital letters set forth: "This sale shall be redeemable for a period ofthree (3)
years, or for eighteen months (18) months ifblighted or abandoned, from the filing
and recordation date ofthis deed in the parish conveyance office." (emphasis
added). The recordation date shown on the instrument is February 9,2010.
On February 8, 2013, the Finance Director issued a Certificate of
Redemption to Mr. Brumfield which stated that Mr. Brumfield had deposited the
full amount oftaxes, interest, penalties and costs due for the years of2008 through
2013 with the City ofNew Orleans' Tax Collector. Mr. Brumfield re-took actual
possession ofthe property the next day.
During the period between the date ofthe tax sale and the issuance ofthe
redemption certificate, the property became the subject ofcode enforcement for
public health, housing, and environmental violations. On July 22, 2011, the City
issued two notices at the property's address to Mr. Brumfield commanding him to
appear at a hearing on August 31, 2011. The record neither indicates whether Mr.
Brumfield received notice ofthe hearing, nor what action, ifany, occurred on that
3
5. ~.
date. On August 31,2011, however, Ms. Smith did accept service for the same
two notices regarding a hearing date scheduled for November 11, 2011. Again, the
record neither indicates whether Mr. Brumfield received notice ofthe November
hearing, nor what action, if any, occurred on that date.
Reacting to these threats ofenforcement action against the property, Ms.
Smith applied to the district court on October 13, 2011 for an exparte writ of
possession under the authority ofLa. R.S. 47:2158 A. Initially, the district judge
denied that application as premature. An attorney was then appointed to represent
Mr. Brumfield, who was identified in the application as an "absentee."
Subsequently, on,February 13, 2012, the district judge ordered that a writ of
possession issue to Ms. Smith.
Ms. Smith, by affidavit, states that she incurred about $20,000 in expenses in
remediation ofthe property stemming from the installation of a new roofand
removal ofpervasive mold infestation, weeds, overgrown grass, and dead trees.
Despite these efforts, the City's code enforcement bureau still rendered an
administrative judgment on May 15, 2012 declaring the property both blighted and
a public nuisance and assessing fines and costs against Mr. Brumfield.
B
On March 26,2013, Ms. Smith filed a supplemental and amended petition
praying for injunctive relief, but did not specify the reliefto which she claimed to
be entitled. Her affidavit in support ofher application for a preliminary injunction
asserted that Mr. Brumfield intentionally disregarded the writ ofpossession issued
4
6. by the trial judge when he took actual possession ofthe property. Additionally, Ms.
Smith's reply to Mr. Brumfield's memorandum in opposition to her motion for
preliminary injunction contends that La. C.C.P. art. 3663 allows for the trial judge
to grant her injunctive reliefto maintain possession ofthe property without a
showing ofirreparable harm.
The trial judge denied Ms. Smith's motion for preliminary injunction on
May 30, 2013 and granted Mr. Brumfield's motion for preliminary injunction on
July 8, 2013. The trial judge enjoined, restrained, and prohibited Ms. Smith from
entering the property or interfering with Mr. Brumfield's ownership and/or
possessory rights in the property. Ms. Smith timely filed a motion for devolutive
appeal to this Court on July 10,2013.
II
In this Part, we address the requirements for the issuance ofa preliminary
injunction and the standard by which we review a trial judge's decision to grant or
deny preliminary injunctive relief.
"A preliminary injunction is an interlocutory procedural device designed to
preserve the status quo as it exists between the parties, pending trial on the merits."
Elysian Fields Church ofChrist v. Dillon, 08-0989, p. 6 (La. App. 4 Cir. 3/18/09),
7 So. 3d 1227, 1231. A "court may hear an application for a preliminary injunction
... upon the verified pleadings or supporting affidavits, or may take proofas in
ordinary cases." La. C.C.P. art. 3609. "A preliminary injunction shall not issue
5
7. unless notice is given to the adverse party and an opportunity had for a hearing."
La. C.C.P. art. 3602.
"The primafacie standard ofproofto obtain a preliminary injunction is 'less
than that required for a permanent injunction.,,, Dillon, 08-0989 at p. 6, 7 So. 3d at
1231 (quoting Historic Restoration, Inc. v. RSUIIndem. Co., 06-1178, p. 11 (La.
App. 4 Cir. 3/21/07), 955 So. 2d 200, 208). Ordinarily, to prevail in the trial court
on a petition for preliminary injunction, the petitioner is required to establish by
primafacie evidence that: (1) she will suffer irreparable injury, loss, or damage if
the motion for preliminary injunction is not granted; 3 and (2) she is entitled to a
preliminary injunction through at least a'showing that she will likely prevail on the
merits ofthe case. See General Motors Acceptance Corp. v. Daniels, 377 So. 2d
346, 348 (La. 1979). See also Historic Restoration, 06-1178 at p. 11, 955 So.2d. at
208; La. C.C.P. art. 3601.
"An appeal may be taken as a matter ofright from an order or judgment
relating to a preliminary ... injunction, but such an order or judgment shall not be
suspended during the pendency ofan appeal unless the court in its discretion so
orders." La. C.C.P. art. 3612 B. "An appeal from an order orjudg~entrelating to a
3 There are exceptions to the irreparable harm requirement set forth in Article 3601. For
example, a showing ofirreparable injury is not required in cases where the conduct sought to be
restrained is unlawful, such as when the conduct constitutes a direct violation ofa prohibitory
law. See Asaro v. City ofNew Orleans, 10-0572, p. 3 (La. App. 4 Cir 12/22/10), 54 So. 3d 1214,
1217. Ms. Smith specifically claims that she is entitled to a preliminary injunction without a
showing ofirreparable harm because this is a possessory action. See La. C.C.P. art. 3663(1).
Without deciding whether Ms. Smith's action qualifies as a possessory action, we note that,
based upon the record, she did not possess for more than a year immediately prior to the
disturbance and thus could not successfully maintain a possessory action. See La. C.C.P. art.
3658(2).
6
8. preliminary injunction must be taken, and any bond required must be furnished
within fifteen days from the date ofthe order or judgment." La. C.C.P. art. 3612 C.
"A trial court has broad discretion in the granting or denial ofa preliminary
injunction, and will not be disturbed on review absent a clear abuse ofthat
discretion." Yokum v. Pat O'Brien's Bar, Inc., 12-0217, p. 6 (La. App. 4 Cir.
8/15/12), 99 So. 3d 74, 80 (citing Smith v. West Virginia Oil & Gas Co., 373 So.
2d 488,493 (La. 1979)) (internal quotations omitted). "This broad standard is, of
course, based upon the conclusion that the trial court committed no error oflaw
and was not manifestly erroneous or clearly wrong in making a factual finding that
was necessary to the proper exercise ofits discretion." Id., 12-0217 at p. 7, 99 So.
3d at 80 (citing South East Auto Dealers Rental Ass 'n, Inc. v. EZ Rent to Own,
Inc., 07-0599, pp. 4-5 (La. App. 4 Cir. 2/27/08), 980 So. 2d 89, 93).
III
In this Part, we address Ms. Smith's failure to establish that she will suffer
irreparable harm in the absence ofinjunctive relief.
In order to prove that irreparable harm will befall a party from the non-
issuance ofa preliminary injunction, the petitioning party must show that "money
damages cannot adequately compensate for the injuries suffered and the injuries
'cannot be measured by pecuniary standards.'" Historic Restoration, 06-1178 at p.
11, 955 So. 2d at 208 (quoting Saunders v. Stafford, 05-0205, p. 6 (La. App. 4 Cir.
1/11/06), 923 So. 2d 751, 754). "[M]ere inconvenience is not enough to show
irreparable injury needed for the issuance ofa preliminary injunction." Hobbs v.
7
9. Gorman, 595 So.2d 1264, 1266 (La. App. 4th Cir. 1992). An award ofdamages,
not injunctive relief, is the traditional remedy for harm that does not involve
irreparable injury. Id.
We here emphasize that injunctive relief is an equitable remedy. And an
equitable remedy is ordinarily only available when a party has no adequate legal
remedy. Cf West v. Town a/Winnsboro, 211 So. 2d 665, 670 (La. 1967) (on
rehearing) ("By adequate remedy at law is meant one which is as speedy, efficient,
and complete as the remedy in equity."). See also C. Napea, Ine. v. City a/New
Orleans, 06-0603, p. 6 (La. App. 4 Cir. 3/7/07), 955 So. 2d 155, 160 ("An
injunction is a harsh, drastic remedy that should only issue where the petitioner is
threatened with irreparable harm and has no adequate remedy at law.").
The primary reliefwhich Ms. Smith seeks in her suit is monetary
reimbursement for her expenses incurred in the preservation ofthe property. She
strives to achieve that result through an injunction that provides her with continued
possession ofthe immovable property until reimbursement. The legislature,
however, has specifically provided a legal remedy to protect tax sale purchasers
who must expend money to avoid code enforcement actions against such
property-a writ ofpossession. See La. R.S. 47:2158 A ("When necessary to
/
comply with an order of a political subdivision for the purpose of enforcing
property standards..., the judge shall grant exparte an order ofseizure and
possession, commanding the sheriffto seize the property and place the purchaser in
actual possession."). This allows for the tax sale purchaser to take possession ofthe
8
10. property in order to make necessary repairs called for by the political subdivision's
property standards. Ms. Smith obtained a writ ofpossession and, according to her
affidavit filed in support ofher motion for a preliminary injunction, took
possession ofthe property and incurred expenses while perfonning repairs.
The statute also provides a means whereby the reimbursement ofthe tax sale
purchaser's expenses can be secured. A tax sale purchaser can acquire a privilege
on the property for the costs ofcomplying with the order ofa political subdivision.
See La. R.S. 47:2158 B. A privilege is "a right, which the nature ofthe debt gives
to a creditor, and which entitles him to be preferred before other creditors, even
those who have mortgages." La. Civil Code art. 3186. In order to preserve that
statutory privilege, the purchaser must file her writ ofpossession with the recorder
ofmortgages ofthe parish in which the property is located within fifteen days after
its issuance. See La. R.S. 47:2158 B. "The effect ofrecordation shall cease one
year after the date offiling the writ ofpossession, unless a statement ofprivilege
referencing the writ and detailing the costs is filed with the recorder ofmortgages
before the expiration ofone year from the date offiling the writ." La. R.S. 47:2158
B. "[T]he effect ofrecordation shall cease one year after the date of filing the
statement ofprivilege, unless a suit to enforce the privilege and a notice oflis
pendens is filed with the recorder ofmortgages prior to the cessation ofthe effects
ofrecordation." La. R.S. 47:2158 B.
The legislature has also provided tax sale purchasers in the city ofNew
Orleans with an additional remedy. "[I]n the city ofNew Orleans, ifa tax sale
9
11. purchaser has made improvements to abandoned or blighted property, as defmed in
[La.] R.S. 19:136.1, in order to bring the property into compliance with one or
more municipal code ordinances prior to the property being redeemed, the person
redeeming the property shall reimburse the tax sale purchaser for the costs of
improvements required to bring the property into compliance with any such
ordinances." La. R.S. 47:2161 B(I). "In order to receive reimbursement for the
costs of [these] improvements, the tax sale purchaser shall be required to file an
affidavit and receipts in the mortgage records ofthe parish documenting the costs
ofsuch improvements within sixty days after receiving notice ofredemption." La.
R.S. 47:2161 B(2). "The maximum amount ofreimbursement for improvements
shall be fifteen hundred dollars for abandoned property and three thousand dollars
for blighted property." La. R.S. 47:2161 B(1). "The failure by a person redeeming
property to reimburse a tax sale purchaser for improvements made [under La. R.S.
47:2161 B(1)] shall not terminate or otherwise impair in any way the right ofany
such person to redeem his property." La. R.S. 47:2161 B(3).
Thus, it is clear that the legislature, in providing for the writ ofpossession,
has created a specific legal remedy to afford protection to tax sale purchasers who
expend money to remediate blight conditions under threat ofenforcement action.
Ms. Smith actually obtained a writ ofpossession.4
The statutory remedy or the
remedy at law which is provided is as speedy, efficient, and complete as the
4 We are uncertain from the record whether Ms. Smith took the additional steps necessary to
effect her security interest in the property. Whether she did or did not is ofno legal consequence;
it is the availability ofthe remedy and not a party's availing herself ofthe remedy which is of
legal consequence in the context ofthe equitable remedy ofinjunctive relie:f.
10
12. remedy in equity which Ms. Smith has pursued. See West, 211 So. 2d at 670. The
statutory remedy provided to protect expenditures on property subject to a tax sale
is certain and reasonably prompt. Id., at 671. Thus, we conclude that Ms. Smith
had an adequate remedy at law. Because Ms. Smith had an adequate remedy other
than injunctive relief, she has not shown any irreparable harm and is not entitled to
the issuance of a preliminary injunction.
IV
In this part, we examine Ms. Smith's failure to make aprimafacie showing
ofa likelihood ofsuccess on the merits. Ms. Smith contends that she is entitled to
confirm her tax title because Mr. Brumfield was not entitled to redeem his
property. As she is unlikely to succeed on the merits ofthis claim at trial, she is not
entitled to the issuance ofa preliminary injunction.
A
A "redemptive period" is the time "period in which a person may redeem
property as provided in the Louisiana Constitution." La. R.S. 47:2122(11). "The
property sold [for non-payment oftaxes] shall be redeemable for three years after
the date ofrecordation ofthe tax sale, by paying the price given, including costs,
five percent penalty thereon, and interest at the rate ofone percent per month until
redemption." La. Const. art. VII, § 25 B(I). See also La. R.S. 47:2243; La. R.S.
47:2244.
11
13. The constitution currently provides only one exception to the three year
redemptive period.5
The exception, exclusively limited to residential or
commercial property in New Orleans, reduces the redemptive period to eighteen
months when the property sold at tax sale "is abandoned property as provided by
[La.] R.S. 33:4720.12(1) or blighted property as defined by Act 155 ofthe 1984
Regular Session." La. Const. art. VII, § 25 B(2).6
"All redemptive periods provided in the Louisiana Constitution are
peremptive." La. R.S. 47:2241. See also Harris v. Estate ofFuller, 532 So. 2d
1367, 1371 (La. 1988). "Peremption is a period oftime fixed by law for the
existence ofa right. Unless timely exercised, the right is extinguished upon the
expiration ofthe peremptive period." La. Civil Code art. 3458.. "Peremption may
not be renounced, interrupted, or suspended." La. Civil Code art. 3461.
"Peremption differs from prescriptive [periods] in two respects: (1) the expiration
ofthe peremptive time period destroys the cause ofaction itself; and (2) nothing
may interfere with the running ofa peremptive time period." Naghi v. Brener, 08-
2527, p. 11 (La. 6/26/09), 17 So. 3d 919, 926.
5 The legislature in the 2013 Regular Session passed a proposed amendment to add Subsection
B(3) to Section 25, which will be included in the constitution subject to its passage by a majority
ofthe electors at the statewide election on November 4,2014.2013 La. Acts no. 436. The
amendment provides for shortened redemptive periods for property other than in the city ofNew
Orleans which is declared blighted or abandoned. This amendment provides definitions for
abandoned and blighted different from those listed in Subsection B(2).
6 La. Const. art. VII, § 25 B(2) states: .
In the city ofNew Orleans, when such property sold is residential or commercial
property which is abandoned property as provided by [La.] R.S. 33:4720.12(1) or
blighted property as defined by Act 155 ofthe 1984 Regular Session [ofthe
Louisiana Legislature], it shall be redeemable for eighteen months after the date
ofrecordation ofthe tax sale by payment subject to the same payment ofcosts,
penalties, and interest set forth in [La. Const. art. 7, § 25 B(I)].
12
14. In order to determine whether the property qualifies for this shortened
redemptive period, we look to those definitions incorporated into Section 25 B(2)
by reference. La. R.S. 33:4720.12(1) defined "abandoned property" as
"immovable property that has been adjudicated to a political subdivision for
nonpayment oftaxes, and which property is vacant or not lawfully occupied." Act
155 defined "blighted property" as "those premises which have been declared
vacant, uninhabitable, and hazardous by the Department of Safety and Permits of
the city ofNew Orleans." 1984 La. Acts no. 155. There is nothing in the record to
support a finding that this property is "abandoned" within the meaning ofthe
constitutional provision. The property, according to the judgment, was declared
"blighted" and a public nuisance though on May 15, 2012.
In order to prevail at the trial on the merits, Ms. Smith must establish that,
by the time Mr. Brumfield obtained his certificate ofredemption on February 8,
2013, his right to redeem had already been perempted by the passage oftime. A
judgment declaring the property as "blighted," however, does not automatically
retroactively shorten Mr. Brumfield's redemptive period from three years to
eighteen months from the date ofrecordation ofthe tax sale deed by Ms. Smith. In
Padilla v. Schwartz, this Court held that property sold at a tax sale for non-
payment ofad valorem taxes was subject to a three year redemptive period. This
Court found that, for the eighteen month redemptive period provided in Section 25
B(2) to apply, the sale ofthe property would "have to occur under the statutory
authority governing sales ofblighted property." 06-1517, p. 7 (La. App. 4 Cir.
13
15. 3/11/09), 11 So. 3d 6, 12. Whether the eighteen month redemptive period is
restricted in its application to sales stemming from designations ofproperty as
"blighted" or "abandoned" is immaterial to this appeal. We need only align with
the reasoning ofPadilla insofar as holding that property must be declared
"abandoned" or "blighted" prior to its sale in order for the eighteen-month
redemptive period provided for in La. Const. art. VII, § 25 B(2) to apply.
Retroactive shortening ofperemptive periods in which tax debtors may redeem
their property would be excessively punitive to tax debtors and run in
contravention to the law's preference that property sold for nonpayment oftaxes be
redeemed by the tax debtor. See Harris v. Guardian Funds, Inc., 425 So.2d 1322,
1326 (La. App. 4th Cir. 1983). Additionally, an adjustment ofthis sort would only
serve to incentivize tax sale purchasers to allow property purchased at tax sale to
further fall into disrepair.
Ms. Smith also asserts that La. R.S. 13:2575 C(2) denies any right of
redemption to Mr. Brumfield. This statute, however, is not applicable in this case.
La. R.S. 13:2575 C(2) provides: "Failure to pay the liens shall cause the
immovable property in or on which the violation occurred to be subject to the same
provisions oflaw as govern tax sales ofimmovable property when the immovable
property has been declared blighted or a public nuisance by an administrative
hearing officer..., the property owners and other parties having interest in the
property shall not have a right ofredemption." This statute only arises from a
property owner's failure to pay liens stemming from civil fines prescribed for
14
16. ·,
blighted or abandoned property or violations of other ordinances created pursuant
to La. R.S. 13:2575 A(1).
Mr. Brumfield's property was sold for nonpayment oftaxes on the property
prior to its designation as "blighted" or as a public nuisance. The plain language of
the constitution requires that the property be blighted, that is, under an adjudication
ofblight, at the time ofits sale. See La. Canst. art. VII, § 25 B(2) ("[W]hen such
property sold is residential or commercial property which is abandoned property as
provided by [La.] R.S. 33:4720.12(1) or blighted property as defined by Act 155
ofthe 1984 Regular Session [ofthe Louisiana Legislature]."). (emphasis added).
Because the property was not abandoned or blighted at the time ofthe tax
sale to Ms. Smith, the shortened redemptive period ofeighteen months is
inapplicable. Thus, the redemptive period was three years from the recordation of
the tax sale.
B
Here, the record shows that Mr. Brumfield timely exercised his right to
redeem his property and obtained his certificate ofredemption within the three-
year period.7
Ms. Smith would only be entitled to confirm her tax title ifthe
redemptive period lapsed without Mr. Brumfield having redeemed his property. "If
the tax sale property is not redeemed within the redemptive period, then at the
7 "Ifredeemed, the person redeeming shall pay all statutory impositions assessed upon the
property subsequent to the tax sale." La. R.S. 47:2161 A. "The tax collector shall promptly remit
the redemption payment to the tax sale purchaser; the register shall promptly deposit the
redemption payment in the state treasury." La. R.S. 47:2243. "Upon payment ofthe redemption
costs, the tax collector shall issue a redemption certificate in the name ofthe tax debtor." La.
R.S.47:2245.
15
17. termination ofthe redemptive period, tax sale title transfers to its holder ownership
ofthe tax sale property, free ofownership and other interests, claims, or
encumbrances held by all duly notified persons." La. R.S. 47:2121 C(I) (emphasis
added). "After expiration ofthe redemptive period, an acquiring person may
institute an ordinary proceeding against the tax sale parties whose interests the
petitioner seeks to be terminated.... The suit shall be brought in the parish in
which the property is located." La. R.S. 47:2266 A(I) (emphasis added). See also
La. R.S. 47:2121 B.
But once the property owner timely redeems his property, the rights ofthe
tax sale purchaser to the ownership or possession ofthe property are dissolved.8
The tax sale purchaser, however, is entitled to be promptly paid the redemption
payment. See La. R.S. 47:2243. The tax sale purchaser is also entitled to
reimbursement from the property owner for the costs ofimprovements required to
bring the property into compliance with municipal ordinances, see La. R.S.
47:2158 B; La. R.S. 47:2161 B(I), and may enforce any privilege that she may
have perfected on the property. See La. R.S. 47:2158 B. But this is the extent of
the tax sale purchaser's rights.
The writ ofpossession, insofar as it allows for actual possession ofthe
property by the tax sale purchaser, is necessarily by operation of law dissolved
upon the issuance ofthe certificate ofredemption. Consequently, Ms. Smith's
8 See La. Civil Code art. 2567 (relative to conventional sales with the right ofredemption ''which
is the right to take back the thing from the buyer"). "When the right to redeem is exercised it
effects a dissolution ofthe sale and ofthe transfer ofthe property which was the consequence of
it." La. Civil Code art. 2567 cmt. (c).
16
18. reliance upon the writ ofpossession as the basis for excluding Mr. Brumfield from
his property post-redemption is insupportable. Her success at the trial on the
merits in showing that the peremptive period to redeem lapsed prior to Mr.
Brumfield's obtaining the certificate ofredemption such that she would be able to
confirm her tax title is unlikely. Because she is unlikely to prevail on these issues
at the trial on the merits, she is not entitled to the issuance ofa preliminary
injunction.
CONCLUSION
Ms. Smith has not shown that the trial judge abused her discretion in
denying her motion for a preliminary injunction. Because Ms. Smith had a legal
remedy available to her to secure the repayment or reimbursement of funds
expended to remediate the property, she cannot make a prima facie showing of
irreparable harm on that claim. Additionally, because Mr. Brumfield timely
redeemed his property, she cannot make a primafacie showing that she is likely to
prevail at the trial on the merits that she is entitled to the ownership ofthe property.
Thus, we find that the trial judge did not abuse her discretion iIi denying the
preliminary injunction sought by Ms. Smith.
DECREE
The interlocutory judgment rendered on May 30, 2013 denying the request
ofTanya Smith for a preliminary injunction is affirmed. The interlocutory
judgment rendered on July 8, 2013 granting the request ofNolan Brumfield for a
17
19. preliminary injunction is also affirmed. All costs ofthis appeal are taxed to
appellant, Tanya Smith. See La. C.C.P. art. 2164.
AFFIRMED
18
20. ,
Danielle A. Schott
Clerk of Court
Susan B. Hammer
Chief Deputy Clerk of Court
Office Of The Clerk
Court of Appeal, Fourth Circuit
State of Louisiana
400 Royal Street
Third Floor
NOTICE OF JUDGMENT AND
CERTIFICATE OF MAILING
Mailing Address:
410 Royal Street
New Orleans, Louisiana
70130-2199
(604) 412-6001
FAU«604)412-6019
I CERTIFY THAT A COpy OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN MAILED
ON OR DELIVERED THIS DAY 01/15/2014 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL
PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
DAS/psm
DANIELLE A. SCHOTT
CLERK OF COURT
2013-CA-1171
James E. Uschold
JAMES E. USCHOLD, PLC
700 Camp Street
Suite 317
New Orleans, LA 70130-
Christopher J. Davidson
John A. E. Davidson
DAVIDSON & DAVIDSON, APLC
2901 Independence Street
Suite 201
Metairie, LA 70006