The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
court-of-public-opinion-2015

By thefitparentsrights

…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).

Continue reading The Due Process Clause guarantees more than fair process…

Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

Continue reading Is There a Difference Between Motioning for Reconsideration or Rehearing?

Forced into a corrupt family court system that functions to drain our money, time and future.

familycourt25242b21Support Anonymous Family Court
Petition · Change.org

Stop Complying - 2016We are parents, grandparents and children forced into a corrupt family court system that functions to drain our money, time and future.

When we speak up we are retaliated against by a system of lawyers and judges who take our children, our property and our dignity in an effort to silence us.

We are not fighting the fight they want anymore. We will not have moms fight against dads. We will not force children in the middle to broker solutions for adults.  We are not asking.   Expect Us.

For every good judge and lawyer, who helped, you will be praised. For every Anonymous whistle blower or Ghost Squad Hacker who helps us speak up and protect families and children, you will be thanked by  the success you help create.DivorceCorp - Family Court Bankruptsy - AFLA Blog 2016

Continue reading Forced into a corrupt family court system that functions to drain our money, time and future.

Divorce is a $50B Business

Know the Industry!Dr. Drew Pinsky on Bloomberg TV, Jan 14, 2014

Child Trafficking American StyleGet in Line - 2016

Shocking Facts On Child Support Costs

REFORM CHILD SUPPORT NOW FLORIDA - 2016LET’S MAKE CHILD SUPPORT REFORM HAPPEN

Watch the latest YouTube Video from Divorce Corp on Child Support Costs, then read the letter below from Vicky Turetsky of the OCSE, and share both with your state elected officials.

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DL Suspension No Passport Incarceration -Child Support- 2016This DCL is available on the OCSE website:

Continue reading Divorce is a $50B Business

Parents and Children in America are negatively affected by “Family” Courts

Every year, millions of parents and children in America are negatively affected by “family” courts and the Departments of Children and Families (DCF) all across this nation, government institutions that actively participate in custody interference for profit at a massive scale.

As a family physician who deals with children, and adults on a daily basis, I am very concerned because I believe that these federal incentives are being misused to cause great harm to the American family, actually leading to a mental health crisis of pandemic proportions.

dysfunctional-family-courts-2015

Every 3 minute that passes a youth in America is attempting suicide, and 1 of them actually dies in the attempt every 2 hours. Nearly 2 out of 3 of these suicides are associated with these federal incentives, misused to intentionally interfere with the custody of children for profit. Custodial interference in the past year is associated with an increased risk for suicidal ideation of up to 4.5 times the norm, a 350% increase vs children without this history.

Making custodial interference, a.k.a. Parental Alienation, one of the most important preventable factors to decrease suicides in our youths. “Suicide is the SECOND leading cause of death for ages 10-24. (2013 CDC WISQARS). More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease, COMBINED.”

A similar picture presents with our veterans, who are committing suicide at an incredibly alarming rate of almost 1 suicide every hour. Some studies estimate that anywhere between 1 to 2 of every 3 of these suicides are associated with custodial interference which are motivated by these financial Federal incentives. Many of these victims have not even seen active combat, so they can not be attributed to war.

Color of Law Violation Form

According to the USA Today, “suicide surpassed war as the military’s leading cause of death…suicide outranked war, cancer, heart disease, homicide, transportation accidents and other causes as the leading killer, accounting for about three in 10 military deaths” in 2013 and 2014.df84d-broken2bfathers2b-2b2015Suicide Research

This is a totally preventable mental health crisis, which is costing Americans at least $444 billion a year, and which is the 4th leading cause of death among 10 to 54 years old in America as of 2016.

Please, join us in rallies all over this nation on July 22, 2016, Parents’ Day Weekend. We need your help putting a stop to state-sponsored custodial interference incentives known as Title IV-D and Title IV-E of the social security, which are behind the destruction of our families today:

Thanks for your time and attention!

Regards,
Mario Jimenez, M.D., B.S.E.E.
The Grace of the Lord Jesus be with you.

Florida Senate Candidate for District 40
www.VoteMario.Us, www.VoteFamily.Us, www.VoteFamilia.Usvotefamily-us-20151

e00e8-newjudge2bcom2b-2b2015Miami Rally for CAPRA (Constitutional Association of Parental Rights Advocates) Class Action Lawsuit on July 22, 2016, 10:00 a.m. to 1:00 p.m.

Click here for directions to event location in front of US District Court Clerk Building at 400 N Miami Ave, Miami, FL 33128 

Continue reading Parents and Children in America are negatively affected by “Family” Courts

Lawyers Lie To Themselves and Their Clients

United States of America Of the Lawyers, By The Lawyers, & For The Lawyers…
Just The Facts –

– Lawyers Write the Laws –
Lawyers use their legalese to construct laws that generally only a lawyer can understand or interpret
– Lawyers Make the Laws –
Lawyers comprise the majority of local, state and federal legislative bodies.
– 1 Lawyer for EVERY 200 Adults in America!! –
1,143,358 lawyers. Law Schools are graduating 40,000 new lawyers each year as they have over the last 20 years. We are being overrun by lawyers, who not being subject to the normal laws of supply and demand, simply create work for themselves at an increasing cost to each of us.
– Your Civic Duty –
Work and your life are secondary to – Your Civic Duty – at about $8.00 PER DAY while the Lawyers & Judges are making HUNDREDS of DOLLARS PER HOUR! But you understand, after all the lawyers and judges do tell us that it is ‘the best system in the world…’
– All About Billable Hours –
Confusion and conflict produce billable hours. Simple
common sense decisions and solutions are almost extinct because they are in conflict with the billable hours required to support the ever growing legal profession.
– Taxation Without Representation –
Lawyers represent 3/10th of 1 percent of the population yet have an 80% representation in our government. Translation: The taxation of 99.997% of the American people is created, implemented, controlled, and enforced by .003% of the people: indeed a privileged class.
– Lawyers & Government –
Any wonder why the government is so wasteful and
inefficient? The majority of lawyers in government have never had any experience in the operation or budgeting of a real business in the real world. And, in the world they did work in, they could earn more in a few hours than most people can earn in a week or a month and sometimes even a year!
– 2 More Lawyers in the White House –
Remember the Clintons? Remember the Scandals?
Remember the National & Worldwide Disgrace America was Subjected to? Remember How Bin Laden Killed
Americans at will BUT there was not enough evidence to bring him to Court!!
– 9 Lawyers Decide How All American’s Live! –
Nine Lawyers on the Supreme Court decide the laws, the
morals, and the culture of 300 million FREE Americans?
Arguably The Founding Fathers Biggest Mistake!
– The U.S. Constitution –
The Founding Fathers never had a clue how their
masterpiece, The Constitution, would be a Cash Cow for the lawyers…

Just The Factsdownload signJust The Facts

· VoteFamily.Us · GLOOGBOOK.COM ·

Liar Joel Greenberg Broward County FL Liar - 2016Why Lawyers Lie (To Themselves and Their Clients)

Ethics and practicing law have a fascinating relationship. I posted last week about how it’s silly to suggest that ethics requires lawyers (or anyone) to always tell the truth. In the comments, I wrote the following in a reply to a comment by Scott Greenfield:

I think the lawyer’s biggest moral (as opposed to “ethical” re the rules) conundrum is the question of whether the lawyer is lying to himself that what’s good for the lawyer is good for the client. Self-deception is the real problem, because it makes our lies to others feel like the truth.


Scott suggested that was an idea for a post. I agreed, so here goes.

Lawyering, despite the efforts of those who write the ethics rules, has a conflict of interest built in: what’s good for the client is often the exact opposite of what’s good for the lawyer. And lawyers, being mere mortals, are morally fallible, and they know it.

They have to get past that knowledge if they are going to at least sometimes choose to do what’s best for themselves instead of what’s best for the client. To cope with making that choice, they lie to themselves in order to believe that what’s good for themselves is in fact what’s best for the client.

Continue reading Lawyers Lie To Themselves and Their Clients

Bullied to Death ~ The Chris Mackney Story

 

Remember the Chris Mackney story we wrote about in April?

This unbelievable true story of murder, corruption, and the suicide of a broken man driven crazy by our family court system now has a Facebook page.
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The psychological effects of divorce.

Originally posted on Civil Rights in Family Law Florida: The psychological effects of divorce may touch divorcees, children, family and friends. Related articles It’s a trillion dollar industry… —  American Fathers

Fatherless Day Rallies In Every State and Across The Globe!!

Originally posted on Civil Rights in Family Law Florida:  – ALABAMA Alabama 2nd annual Fatherless Day Rally June 17th at 9AM 600 Dexter Ave Montgomery Al, 36130 Come out as we rally together… — American Fathers 

Science of Dads.

Psychological sciences at Kent State University, is one of a growing number of researchers to examine the manner in which fathers interact with their children. Her work is giving new insight… 

Children’s Rights : 3000.

Originally posted on World4Justice : NOW! Lobby Forum.:  Over the years I have been most inspired by the work of …

This is an EQUAL RIGHTS issue!

Where Fathers, Mothers, GRANDparents and Children from all 50 states will be uniting at their State Capitols to demand a change in Family law. This is an EQUAL RIGHTS issue and OUR Children … 

Families will be destroyed under the guise and by immunity bestowed upon Family Court Judges

PRESS RELEASE: Bill Scheidler, candidate for representative, district 26, position 1, states his platform | Corrupt Washington This is the vicious cycle of corruption, which can be illustrat…

Your Raising a Human Being NOT an Inconvenience

Originally posted on Civil Rights in Family Law Florida: Dearest Daughter, I love you so much.  Yesterday I gazed out the window watching fireworks and was really missing my angel but I cann… 

The family courts in the United States are biased against fathers.

– ALABAMA – ALASKA  – ARIZONA – CALIFORNIA – COLORADO – CONNECTICUT – FLORIDA – ILLINOIS – INDIANA – KANSAS – MARYLAND – MASSACHUSETTS  – MICHIGAN – MONTANA – NEVADA – NEW JERSEY – NEW YORK …

Women for Men

Remember the Chris Mackney story we wrote about in April? This unbelievable true story of murder, corruption, and the suicide of a broken man driven crazy by our family court system now has a Facebook page.

Please visit, read and be active on the site.

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