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if you are the and you wish the reserve.time for rebuttal let me know that point.in your argument I will let you know.that you've reached that point and you.can continue on if you choose or save.the time for rebuttal whatever you.prefer.in the first cases Mathis versus cordis.may it please the court.good morning your honors my name is.Angela Mason Reimer and I represent the.appellant in this case Marva Mathis.husband this appeal arises out of a.final judgment that created a windfall.in favor of the former wife a windfall.that was the result of a series of.errors by the trial court in this case.there are three issues on appeal that I.would like to discuss with the court.today first whether it was reversible.error for the trial court to adopt the.wife's one-sided ember coves final.judgment without any substantive changes.the second issue is whether it was.against the weight of the evidence for.the trial court to award the couple's.business Manatee media solely to the.wife the third issue is whether it was.reversible error for the trial court to.exclude evaluation evidence from the.wife's former expert Larry Grimes Your.Honor I would like to reserve five.minutes for rebuttal.the first issue in this case is that the.trial court should not adopt have.adopted the wife's final order without.making substantive changes and making.statements on the.that would reflect the court's findings.effect and the courts actual rulings in.this case at the conclusion of the final.hearing the court adopted the wife's.proposed final judgment immediately.following the close of the case there.were no significant changes made to that.order and the judge did not state any.findings of fact on the record nor did.he state his actual opinions or rulings.on the record this is improper the.court's ruling should be that it should.be the court's ruling it should not be.the rubber stamping of a party's desired.outcome the court's ruling should.contain the courts opinions on the facts.of the case and how those acade how.those facts affect the court's rulings.at the conclusion of the trial Florida.courts have consistently held that.reversal is required where the final.judgment does not reflect the trial.court's independent decisions on the.issues in the case or where there where.the appearance of impropriety permeated.the entire proceeding in this case we.have both I want to call to your.attention one particular case which I.believe is factually significant to our.case and that is the Perla versus berth.Pirlo case it's a 2004 Florida Supreme.Court case that I did cite in my brief.in this particular case the final.judgment was quashed and it was remanded.back to the trial court to particular.issues stand out in that case first the.trial court entered the wife's 25 page.final judgment within two hours of.conclusion of the trial second the trial.court did not make any findings of fact.or conclusions of law on the record what.the court specifically held in that case.was where the wives proposed final.judgment was entered without any.substantive changes so quickly after the.final hearing and without the trial.judge making any findings of fact or.conclusions of.on the record reversal was appropriate.furthermore what the court said is the.final judgment was so one-sided that it.could only reflect the views of the.party that drafted it which in that case.was the former wife I believe our case.is factually on point with the Pirlo.case in our particular case like I said.the court adopted and entered the wife's.final judgment immediately after the.case was over the trial court did not.state any findings of fact or.conclusions of law on the record in fact.what the judge said at the conclusion of.the evidence was I don't find any fault.with the proposed final order mr..Solomon has presented to me so I'm going.to accept that proposed final order that.was the court's ruling on the record now.there were a couple of minor changes.that were made to the order which I do.not believe are significant for our.purposes and what the court said is I do.want to Reserve on child support and an.attorney's fees other than that the 11.page 40 paragraph order was adopted.verbatim that final judgment created it.windfall for the wife now two other.points that I think are significant you.recognize that there are cases including.from this court that say even though.there may be an appearance or potential.appearance of impropriety in this.procedure that unless there is some.underlying issue within the final.judgment that isn't supported by the.evidence or is contrary to things that.the court had done or were before not.argued to the court that those might be.grounds to attack but simply the fact.that the court utilizes a party's.judgment in and of itself is generally.not enough I do agree with that your.honor and what I have read in the cases.as well it says that the court should.not do that however I think you do have.to have a little bit more than simply.adopting the final judgment which I.think we do have in this case which is I.think that we have that appearance of.impropriety based upon what that final.says and how quickly it was adopted in.our case and what we have two things.that I think are also important is we.have a lengthy final judgement that.actually has statements of facts.evidence in the case that when this.final judgment was prepared prior to the.trial had not even taken place yet.it states and lengthy details about what.experts have testified to and what.opinions are that had not even occurred.yet and I think that that soon we all.learned in law school that one of the.things you do to prepare for trial at.least I learned in law school is you.ought to have your final arguments ready.you want to know what your final.argument is going to be you know what.evidence you're expecting to bring out.and I mean I appreciate the argument but.it seems to me you really have to point.to specific defects in the final.judgment that aren't supported by the.evidence to get beyond the hurdle of.well they adopted the other side's final.proposed to order absolutely your honor.absolutely and I do understand that you.know certainly as a trial attorney will.do to prepare in advance for what we.anticipate the experts are going to say.but I think that that goes to the heart.of the matter that we're talking about.opinions that are safe I don't.necessarily reflect the judge and that.brings me to the second issue I have any.case and hopefully this will help to.clarify my position on that point which.is the court made a mistake when it did.rule that Manatee media was to go to the.formal life and what we would say to the.court is that reversal is mandated when.the trial judge's award is against the.weight of the evidence and in this.particular case there are things in the.final judgment that I think speak to.perhaps the way the evidence would have.looked or possibly.but the evidence that was not actually.entered in the case and what I'm.speaking to here your honors is we don't.have we don't have an actual case here.where we know what the judges final.rulings are yes we well we have a final.judgement that reflects final rulings.now I understand your argument that.those maybe aren't the judges rulings.but we know he read it because he made.changes to it so I'll sort of point you.back to where I want you to go which is.what are the defects in the final.judgment that aren't supported by the.evidence that undermine our confidence.in the validity of that judgment that.that to me is the ultimate issue you.have to address yes your honor and I'll.point you to a specific part of the.order that I think is significant the.issue with a warning Manatee media to.the wife and to not the husband is an.issue that I have in the face of what.the actual order says and it addresses.in the fact-findings particular issues.relating to that question and what the.order says is that after the valuation.date the former husband had no.involvement in Manatee media in fact he.had moved away and lived in Louisiana.based upon the length of time the former.wife has had sole operational control.over Manatee media the former husband's.Geographic in the ability to operate.manatee media and the wife's reliance on.manatee media as her sole source of.income the entire marital interest.should be awarded to the form of life.now what I think that the evidence.actually contradicts this because while.the former husband did move to Louisiana.that fact is not disputed it's the.reason why he moved to Louisiana and the.circumstances to which he testified as.to staying in Louisiana and returning to.Florida and what the evidence in the.case is is that the wife early on the.case moved to have the husband excluded.from the business on the grounds that.the parties argued and they couldn't run.the business together that's reasonable.the court entered an in-joke.and remove the husband and told the wife.to run the business and the husband to.get paid weekly ownership payments which.occurred for a period of time and then.stopped mr. Mathis had to live had to.find employment and couldn't find.employment in Pasco County Florida.in fact the only job he could find was.in Louisiana so mr. Mathis had moved to.Louisiana slowly for the purpose of.working and at all times material here.too told the court told the judge he.would move back in a heartbeat to run.the company and in fact had run the.company ten years prior to the divorce.so what we're looking at in the final.judgment here is statements of fact.statements of evidence that the husband.location prevented him from running a.company when he was only abiding by.court order when he left the company and.went and sought employment elsewhere and.I think that that's a significant fact.especially if that's what you say the.court relied on when it ruled that the.wife should solely take control of mansi.media that's what the order says based.upon the husband's Geographic and.ability to operate the company and I.think that that contradicts the evidence.in the case and I think that that's a a.significant fact that we have in the.final judgment here now the the last.issue in this case your honor at which.manatee medium was awarded to the wife.and what one thing that is also.important here is the courts have said.that a trial court must ensure that.neither party passes from prosperity.into misfortune when it makes its.support and equitable distribution.Awards and that quite simply didn't.here in the first final hearing in this.case you may recall this case was.originally appealed and it was remanded.and then we had a second final hearing.which is an issue today in the first.final hearing the wife had retained a.valuation expert a business valuation.expert Larry Grimes mr. Grimes testified.he provided expert opinions all of that.had been evidence in the case and a part.of the former Court's decision when she.issued her judgment.in the second trial the white person and.a new expert who gave a completely.different value the first expert had it.valued in a million dollars second.expert had it valued at a negative three.hundred and seventy-five thousand.dollars give or take huge difference mr..Maggs attorney at the time had moved the.court to take judicial notice of the.experts opinions or otherwise allow.those opinions to come in at that second.trial whether than rather than recalling.him to testify and what was the.explanation as to why he wouldn't be or.couldn't be recalled the explanation to.the court it was simply a monetary issue.and that mr. Mathis was out of funds to.pay an expert to come testify because.this was the wife's opinion this was her.expert previous expert they felt that it.was reliable enough that the judge would.allow that previous testimony to come in.and originally the the court respondent.that they would reserve ruling until he.heard the testimony of the second expert.which the former wife called live to.testify had to hear excuse me at the.hearing after the second expert.testified as to the grossly negligent.negative-negative sorry.value he also testified that he had.never been a newspaper before there were.issues over recalling numbers at the.trial the court came back and said we.believe his opinion.reliable and that was the end of it I.believe the cases say that the court.should have allowed that opinion to come.in because it was evidence in the case.it was evidence in the court record the.expert had testified before he had been.cross-examined before the opinions had.been cross-examined and he had testified.in front of another judge that is.correct.and this judge would not have had the.ability to observe his demeanor correct.is there any case that says the court.was required to take judicial notice as.opposed to being a discretionary call.was the report of the expert from the.first case available for use of.impeachment of the expert in who did.testify the second time I I was not.talking here at the 15-minute mark so.you've got five minutes however you.choose to use it what I think we have.here is we have a series of events and I.think that you have to look at the.totality of the case here that is.culminated by the final judgment that.was prepared by the former wife's.attorney and I think that when you look.at all of those things what I think you.have is an outcome that is inequitable.unjust and creates a windfall for the.wife and I believe that that outcome is.against the weight of the evidence that.was presented in the case and that had.the judge considered the evidence and.made his own.depended rulings those rulings would.have been more of an equitable split.between the parties and not so one-sided.through the wife good morning and may it.please the court.I'm sandy Solomon and I'm here for miss.cordis this is a case in which we took.it apart like we would an ordinary.commercial case and first we tried to.identify the issues and we got to the.judge we went to the judges said after.the remand when the first judgment was.completely thrown out and this Grimes.opinion was not given any credibility.because it didn't it was only a top-line.appraisal to start with it didn't deal.with any of the liabilities or any of.the ongoing business issues but we.identified the issues we went to to case.management conferences and we asked.Judge siracusa tell us what remaining.issues there are we see two one is the.distance valuation and disposition of.Manatee media and the second issue is.the disposition of the New York Times.pension because it had a marital.component in a non marital component and.we asked opposing counsel whether any.other issues and the judge asked any.other issues and we set up a protocol we.had got three orders entered that said.these are the issues that are going to.be identified and tried at the trial in.December and if you have any other.issues let's identify those issues and.if you have any documents that relate to.those issues that we've identified.let's get those produced in August by.the deadline established by the case.management order they didn't do that so.now they went back and we went back to.Judge siracusa in early September here.with the December trial coming up and.he's leaving the division so all the.work that we had done to narrow the.issues and educate the.Court might be down the drain and we get.another order that says if you don't.produce the documents you can't.introduce them into evidence because.what we tried to do was to identify the.issues and hold their feet to the fire.narrow what they could put on they came.to the deposition did not produce a.document so I said listen this case has.some history before I got involved in.this case if there's something out there.some document that you produced or did.you have control of husband former.husband you let us know what that.document is and judge siracusa entered.an order that specified exactly what.they had to do to identify documents.that would be introduced into evidence.either produced them to us at the.September 7th deposition or identify.them on a separate document that says.these is this is what we produced before.that relating to the two issues that we.identified and they produced nothing so.we essentially cut their heads off with.respect to what they could put into.evidence at the trial so when we.narrowed the issues and narrowed the.scope of the documents that they could.use then we designed the roadmap of the.proof that I needed to prove my case and.I identified and retained the witnesses.that I needed to prove my case and I.prepared that roadmap in the form of a.proposed final judgment that the.pre-trial order required us to blue and.to submit that they never submitted they.had the same opportunity that we had to.prepare a proposed final judgment.setting forth the anticipated evidence.and the anticipated findings and of.course since the only evidence at the.trial was the evidence that I introduced.that I had engineered based upon a.limitation of the issues that were.essentially circumscribed by this.Court's prior opinion in this case and.now they're complaining that they don't.have any evidence to support the.findings and there was a major.difference between the judgment that we.submitted and the proposals that we were.hyped.initially they were two significant.financial issues one is if mrs. Cortez.was going to get the company she was.going to have to take all the debts with.it and indemnify mr. Mathis prot.formerly the husband from all of those.liabilities and that was a major change.don't tell me it's a minor change to.create an indemnification of the.liabilities that they're now complaining.exceeded five hundred thousand dollars.that were now put as a result of the.specific findings by Judge siracusa on.December 13 at the trial we made those.modifications to the proposed final.judgment as well as a couple of other.changes that the judge required leaving.out the child support issues that had.been carryovers from previously we of.course wanted to raise them at the trial.so they weren't ignored overlooked or.waived at that point and he wanted to.reserve that for another date and when.he entered the judgment he didn't enter.it in two hours.what happened was we presented our.proposed judgment as we went through the.day of the trial judge siracusa was.breaking reference to our roadmap.because of course it was our evidence.and he was noting changes and at the end.he says I agree that this is the.evidence that this is what the evidence.showed and here's what we're going to do.with the judgment I took it back the.this Court has refused to accept after.the fact when I realized that that was.their issue the email traffic that.related back to it so let's leave the.email traffic exchanging the reed rafts.aside for the moment you've heard the.two-week block December 13 was when we.presented the judgment of the trial and.December 27 was when the judgment was.entered two full weeks later giving.everybody every opportunity to submit.something they submitted nothing to the.trial judge they didn't produce.documents they didn't comply with the.case management order they didn't come.to the deposition prepared to testify.they didn't identify any issues other.than what we identified.didn't put on any cross-examination of.any consequence and the appraisal was.available to them the appraisal was.baloney to begin with but the appraisal.was in both parties possession of course.in the first case your as I understand.your position it's not that they didn't.produce it they didn't identify it as an.exhibit they wanted to use a trial they.did not identify it as an exhibit and it.was hearsay and there was no indication.that it was admitted into evidence under.any circumstances at the first trial.judge siracusa said if you have stuff.from the first trial that you're relying.upon show me the transcript show me.where in the prior trial this was washed.and became evidence instead of just got.thrown out there as paper if it's prior.evidence then we can deal with opposing.counsel said today and I think it was in.the brief as well that that appraisal.was subject to cross-examination so.where was that cross-examination was a.deposition I think did your question.that you're asking was a little bit.tilted when it was available at the.second trial that I tried for to.cross-examine Stephen Miller my.accredited business valuator who whose.testimony I relied upon to come up with.the estimate there's no indication that.it was subject to cross-examination at.the prior trial or at any deposition mr..Grimes was out of state I don't believe.he was ever deposed he didn't appear he.wasn't on a witness list and this.document wasn't produced before so I.don't know on what basis there could.have possibly been judicial notice even.if it was an abuse of discretion to.leave to leave it out.where was it I thought in the appellant.brief and again I thought it was said.today that the witness the expert who.prepared that first evaluation had been.had testified him had been subject to.cross-examination I do not believe that.to be true I do know I'm not a hundred.percent sure because I didn't go back.and look at that issue previously but as.far as judge siracusa was concerned that.statement or that concept of prior.thing of the Grimes opinion was never.presented to judge siracusa when I.understood your question to opposing.counsel in her presentation I understood.it did you have the document no I had.asked that as well but I thought she had.argued that that witness had testified.in the first case and was subject to.cross-examination I think they just had.this document that is in my humble.estimation rank hearsay and he itself.couldn't come in and it was the subject.of judge Alton burns first opinion where.he says I don't know who this guy is who.submitted this appraisal somebody named.named Larry Grimes whom we don't know.anything about I just took that as it.really was nothing but in any event it.was only a broker's opinion effectively.of the valuation it didn't go through as.the first opinion indicated never took.into account the rest of the issues in a.business valuation such as its debts and.when Stephen Miller did that a CPA abv.who testified and went through his.detailed analysis of the debts that he.included how he analyzed it I walked him.through all of that testimony and he was.susceptible to cross-examination they.didn't do much but he was there and.certainly mr. Smith who was the lawyer.at the first trial and the lawyer at the.second trial and on the record in this.appeal had every opportunity to tell the.court well wait a minute this was.previously tested and I don't even think.I don't know that this was beyond the.scope of the courts question but I don't.even think that would be admissible on.that basis he's going to have to come.and testify.we can't give us the first opinions of.this court refers to I think it was an.affidavit and a letter from that witness.with the evaluation correct it was a.letter and candidly I don't recall there.being any indication that he in fact.testified at the first case that was I.wasn't sure if I had missed it because I.thought opposing counsel said that again.today so I want to make sure if if he.had tested testified and you were aware.of it you either conceded that or tell.us why it was wrong I do not believe he.previously testified they never told.judge Syracuse entity previously.justified and even if you did previously.testify that wouldn't be this is a fair.game for judicial notice unless they.gave notice in this case they identified.where the prior testimony was and it.meets that the address is the problem of.the predecessor judge having actually.witnessed the testimony and it wasn't.even an appraisal I mean let's go back.to reality here it was letter talking.about how much he thought he could sell.the business for in at a different time.under different circumstances that are.not identified and not taking into.account all of the other obligations and.as judge Altenburg points out what about.the IRS what do you do with the money yo.the IRS you can't really sell the assets.because that's what he was talking about.an asset sale not a stock sale not of.the proper valuation we did we went in.and we said the judge sir abusive let's.this says this case is four years of.history on it what date are we going to.do this I don't need five appraisals.it's a small number case relatively.speaking to go and get multiple.appraisals and determine deltas between.data filing and date of trial we didn't.need to do that I don't have anything.else brilliant to say so I'm happy to.answer whatever questions you may have.but at this point it was I admire.counsels ability to raise some of these.issues but we tried we tried the issues.instead siracusa methodically went.through in entered orders and said this.is what you got to do to put in a case.and they didn't do any of them.did I miss read your brief and.misunderstand your argument or is it.your position that mr. Grimes in fact.testified Your Honor I do not believe he.testified I just looked back through it.and I may have misspoken earlier today I.did just I don't have a rebuttal I just.wanted to clarify that one issue that.the transcript of the final hearing.we're talking about today the issue was.admitting a sworn affidavit that mr..Grimes had prepared and that was entered.as evidence in the earlier hearing.according to the transcript there was no.issue between counsel of whether or not.it was admitted and I don't believe that.that was that was something they were.doing for whatever reason if in the.first case counsel didn't object to the.admission of the affidavit but it had.not been subject to testimony and.cross-examination or even a.determination of credibility why would.it be an abuse of discretion for the.court in this case say yeah it was.admitted in that case if it was but it's.still hearsay and i'm gonna exercise my.discretion and not let it in I mean.you've acknowledged there's nothing.compelling the court to let it in so why.is that reversible error why would that.be an abuse of discretion Your Honor I.believe what my response would be to.that is because it was evidence in the.first trial and it was the former wife's.evidence it wasn't my clients evidence.and because it was relied upon by the.judge in that case and the opinions in.that are so significantly different from.the opinions that were offered by the.new judge I believe that it is.compelling evidence in the case I.believe that the court should take.judicial notice of evidence in the.former case now realize that there may.not have been actual testimony on it but.it was a sworn affidavit it was evidence.in the case and I believe that that is.something that the court should take.judicial notice up pretty good thank you.thank you.the next case is sale yarissa failure.

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How does a man go from loving a woman and talking about marriage/children, to completely ignoring them because they need to go 'find themselves' after their divorce?

I imagine divorces changes everything for many. How they feel about marriage in general, about specific romantic relationships, about their potential for finding happiness and contentment with another partner, their bucket list, etc. If my lover didn’t reconsider everything after a divorce, I’d be concerned he/she was rushing into something if he/she wanted to remarry immediately. I can’t imagine a move more fraught with potential for problems.

What forms do I need to fill out to sue a police officer for civil rights violations? Where do I collect these forms, which court do I submit them to, and how do I actually submit those forms? If relevant, the state is Virginia.

What is relevant, is that you need a lawyer to do this successfully. Civil rights is an area of law that for practical purposes cannot be understood without training. The police officer will have several experts defending if you sue. Unless you have a lawyer you will be out of luck. If you post details on line, the LEO's lawyers will be able to use this for their purpose. You need a lawyer who knows civil rights in your jurisdiction. Don't try this by yourself. Get a lawyer. Most of the time initial consultations are free.

How would a narcissist react to finding out his spouse is posting his name and pictures in an online forum and bragging about her plans to divorce him? Would he ask to see the proof or would he rage first?

Which one is the narcissist? Geez. I have no idea. Personally, I think the person doing the posting should get evaluated before anyone arm chair diagnoses the husband.

How would I find out about benefits available to a single mom in the US? I am considering divorce/separation but I need to homeschool my special needs child and would have a limited ability to work.

There are many resources available, both state and private, for single parents. A quick Google search will bring up a number of organizations, including state. A good place to start would be to contact your county seat government office that handles you're state’s version of The Division of Family Services, Help, and Aid. There are many benefits you can apply for including SNAP, which is food stamps, and other supplemental financial services, that can also include help with utilities. And if you just need someone to talk to, there are many organizations that will help. Single parents, working or Continue Reading

Startup I am no longer working with is requesting that I fill out a 2014 w9 form. Is this standard, could someone please provide any insight as to why a startup may be doing this and how would I go about handling it?

Payment for surrender of your shares and possibly the cost of your "off the books" benefits is probably going to show up on a 1099. If you were an employee, this should actually be included on your W2 for the year in which they are paid. If you were not an employee, but an independent contractor, then you'll owe both the employer and employee's share of social security tax, medicare and income taxes.

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