florida first dca injunction and former husbands brief

21
DISTRICT COURT OF APPEAL, FIRST DISTRICT S TATE OF FLORIDA Case No. 1D12 - 1070 DANIEL F. WALSH, Appellant, vs. DIANE L PAULL Appellee, L.T. IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO. 2012 - 151 - DVXX INITIAL BRIEF OF APPELLANT DANIEL F. WALSH Daniel F. Walsh 2656 Stem Drive South Atlantic Beach, Florida 32233

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Former Husband exposes to the Higher Court what this Bogus injunction is all about. Apparently the Higher Court turned the other cheek when they saw Fraud and Perjury by one of their own..

TRANSCRIPT

Page 1: Florida First DCA Injunction and Former Husbands Brief

DISTRICT COURT OF APPEAL, FIRST DISTRICTS TATE OF FLORIDACase No. 1D12 - 1070

DANIEL F. WALSH,Appellant,

vs.

DIANE L PAULLAppellee,

L.T.IN THE CIRCUIT COURT OF THE FOURTHJUDICIAL CIRCUIT, IN AND FOR DUVALCOUNTY, FLORIDACASE NO. 2012 - 151 - DVXX

INITIAL BRIEF OF APPELLANT DANIEL F. WALSH

Daniel F. Walsh2656 Stem Drive South

Atlantic Beach, Florida 32233

Page 2: Florida First DCA Injunction and Former Husbands Brief

TABLE OF CONTENTS

Table of Citations ................................ 1

Issues Presented for Review ........................ 2

Statement of the Case and Facts ................... 3, 4

Summary of the Argument .......................... 5

Argument..................................... 6,7

Conclusion...................................... 8

Certificate of Service ............................. 9

Certificate of Compliance with Font Requirement ....... 9

Page 3: Florida First DCA Injunction and Former Husbands Brief

TABLE OF CITATIONSCase Page

Jones v Jackson,67So.3d1203(Fla.2ndDCA2O11) ....... 2

Polanco v. Cordeiro,35 FLW D2098 (Fla. 2nd DCA September 22, 2010)........... 2

Ohm v. Wright,963 So. 2d 298 (Fla. 5th DCA 2007) ................ 2

Furry v. Rickles,68 so. 3d 389 (Fla. 1 St DCA 2011) .............. 5

Oettmeier v. Oettmeier,960 So. 2d 902, (Fla. §2d DCA 2007) ............. 6

Statutes And Other Legal Authorities Page

Florida Statute 784.046 ....... 2, 7

Florida Statute 784.046 (1), (b) .... 2, 5

Florida Statute 784.046 (1), (a) ................. 7

Florida State Constitution, Article I: "Declaration Of Rights".......... 2

Florida Appellate Judge, Craig C. Villanti 2 DCA .......7

Attachments: (A), (1), (2), (3), (4) p. 3,(B), p. 4, (C), (1), (2) p.6, (D), (1), (2) p.7

Page 1

Page 4: Florida First DCA Injunction and Former Husbands Brief

ISSUES PRESENTED FOR REVIEW:

1) Mr. Walsh's Due Process during Injunction For Protection Against Repeat Violence

hearing, January 24, 2012 Paul! v Walsh, was neither established, nor acknowledged

during the court proceedings. Under the Florida Constitution, Article I: "Declaration of

Rights" guarantees trial by jury, due process, freedom of the press and of religion. Mr.

Walsh was overwhelmed with accusations by Ms Paull in which Mr. Walsh was not

given the time to explain himself, defend himself, show evidence to the contrary, or to

cross examine Ms. Paull (Ohm v. Wright, 963 So. 2d 298 (Fla. 5th DCA 2007).

2) Mr. Walsh appeals the Final Judgment Of Injunction For Protection Against Repeat

Violence because there is no competent, substantial or established evidence that such

actions amounted to repeat violence, Florida Statute 784.046, (Jones v. Jackson 67 So.

3d 1203 (Fla. 2nd DCA 2011). Such comments in question on a public blog do not

constitute repeat violence under Florida Statute 784.046 (1), (b). Repeat violence means

two incidents of violence or stalking committed by the respondent, one of which must

have been within 6 months of the filing of the petition, which are directed against the

petitioner or the petitioner's immediate family member (Polanco v. Cordeiro, 35 FLW

D2098 (Fla. 2d DCA September 22, 2010).

Page 2

Page 5: Florida First DCA Injunction and Former Husbands Brief

STATEMENT OF THE CASE AND FACTS:

This appeal arises out of a Final Judgment ruling by the Fourth Judicial Circuit Court

involving an injunction for protection against repeat violence. The court order, Paul! v.

Walsh 2012 151-DVXX was granted to Ms Paul! whereas, Mr. Walsh was court

ordered for a "psychiatric evaluation". Such an order shows clear intent to further

threaten Mr. Walsh's civil liberties and does emotional self esteem damage to any

person, by driving a defendant into deeper penury by the amounts of his court costs and

the cost of the test(s) themselves. There is clear evidence at the hearing on January 24,

2012 that Ms. Paul! has once again committed perjury by fabricating more stories of fear

involving (5 ) sheriff deputies to assure safety for herself and a Judge. ( T 10). The fact

is, Mr. Walsh has never heard of Judge Norton, and has never been in a court of law

suing Ms. Paull. Also, Ms. Paul! states that Mr. Walsh was issued an injunction during

his divorce in 2008 in which Mr. Walsh allegedly threatened Ms. Paul! during divorce

proceedings. (T 8). The fact is, Mr. Walsh has only spoken to Ms. Paull but one time in

all their dealings, and that was a return phone call to Ms. Paul! in 2008. Ms. Paul! has

now used this injunction from 2008 on three separate occasions. Mr. Walsh's divorce

case, his brother's libel and slander case against Ms. Paul!, and this current case. Mr.

Walsh has material evidence that Ms. Paull has committed perjury on all accounts

which have since been transcribed and sent to higher law enforcement.(see attachments

(A), ( 1), (2 ), (3 ), (4)

Page 3

Page 6: Florida First DCA Injunction and Former Husbands Brief

Ms. Paul! alleges a blog that Mr. Walsh created involving Judge Alexander.( T 11). The

fact is, this is not Mr. Walsh's blog, and Mr. Walsh has never been associated with such

a blog. It would not be in Mr. Walsh's best interest in criticizing any Judge in which Mr.

Walsh is seeking his Final Judgment Divorce order of lump sum alimony that was never

paid. It was Ms. Paull who interfered and obstructed this order signed by the very

Honorable Judge whose name Ms. Paul! apparently uses quite often in defense of her

own misdeeds. Just recently this case has been reopened. Ms. Paul! alleges the Bar told

Mr. Walsh not to keep writing. (T 10). The fact is, ifMs. Paull is referring to the

Florida Bar, I don't believe they would say such a thing to someone that files a

complaint. And if they do, I was not one of those people. In fact, it was my filing of a

complaint to the Florida Bar in 2008 that ignited Ms. Paull's attacks on my person. (see

attachment (B )). Perhaps the Bar Ms. Paull is referring to has nothing to do with law?

Any other accusations within the transcripts, Mr. Walsh will leave it to Ms. Paul! to

prove. The current status of this case has transpired into one of showing Ms. Paul! as the

perpetrator of this injunction. All facts and material evidence in this case, and for the

past (4) years shows Ms. Paull conspiring to defraud the court and has been sent to the

local media, State Attorneys Office here in Jacksonville, and the F.B.I. in Scranton,

Pennsylvania. It's not the comments on a blog that frightens Ms. Paul!, but the material

evidence showing Ms. Paul! violated the law. Therefore, I respectfully ask the Appellate

Court to sthke down this illegitimate injunction and dismiss this order in toto.

Page 4

Page 7: Florida First DCA Injunction and Former Husbands Brief

SUMMARY OF ARGUMENT:

Mr. Walsh requests that the said injunction be overturned based on information that is

nothing more than retaliation, speculation, assumption, and even criminal acts by Ms.

Paul!. Such accusations are within the entire context of transcripts from the January 24,

2012 hearing. Ms. Paul! alleges that Mr. Walsh had committed repeat violence through

comments made on a blog in reference to Ms. Paul!. However, Section 784.046 (1), (b)

"repeat violence" is not indicative of the case against Mr. Walsh, whereas according to

this statute "repeat violence" means two incidents of violence or stalking committed by

the respondent, one of which must have been within 6 months of the filing of the

petition, which are directed against the petitioner or the petitioner's immediate family

member. This in fact is not the case. Mr. Walsh's intentions were NOT to impose threat

or fear to Ms. Paull, as she so indicates. The fear Ms Paul! has is with the material

evidence she saw on this blog pertaining to her perjury, posted material showing Ms.

Paull did indeed violate the law, and Mr. Walsh's intentions of running for Florida State

Representative in 2012 to expose Ms. Paulls criminal actions. Had Mr. Walsh been

given the right to his due process at the hearing on January 24, 2012 and presented such

evidence, this case would not exist (Furry v. Rickles, 68 So. 3d 389 (Fla. Pt DCA 2011).

Page 5

Page 8: Florida First DCA Injunction and Former Husbands Brief

ARGUMENT:

Mr. Walsh requests to the Higher Court that this injunction be overturned based on all

information, and since repeat violence did not occur in accordance with Florida Statute

784.046. There have been a total of (9) comments within the (6) month period July 15,

2011 thru January 13, 2012 in which (5) were from Mr. Walsh, (1) from Anonymous,

and (3) by Ms Paull. Mr. Walsh also argues, how can someone fearing for their safety

unequivocally by choice in posting ones own comments on the very blog(s) that they are

so threatened by (T 4). (see attachment ( C), (1), (2), (3). "If fear alone is the

"reasonable cause" alleged to support the injunction, then not only must the danger

feared be imminent but the rationale for the fear must be objectively reasonable as well.

Absent this objective reasonableness, a petitioner's belief is unsubstantiated speculation

that does not support the entry of an injunction", (Oettmeier v. Oettmeier, 960 So. 2d

902, (Fla. §2d DCA 2007). Such comments on a public blog are legally insufficient to

support this injunction and should be dismissed.

Any other blog that Ms Paull claims are associated with Mr. Walsh have apparently

been taken down by Ms Paull, and are nothing more than accusations made towards Mr.

Walsh as stated in the transcripts. (T 8). This court must understand the entire scope of

this case entails more than whether Florida Statutes, ones right to due process or even

the infringement of ones First Amendment rights are being violated. This injunction for

protection against repeat violence has shown that such laws are being used and abused to

Page 6

Page 9: Florida First DCA Injunction and Former Husbands Brief

I

benefit a petitioner in many ways. When a Petitioner, such as Ms. Paull feels privileged

and justified in violating the injunction itself, commits perjury, conspires to defraud the

court, and uses the legal system to enable such behavior, obviously such laws are not

protecting those innocent people on the receiving end, such as Mr. Walsh. (see

attachment (D), (1), (2))

For the record, Mr. Walsh has not seen, talked, or communicated with Ms Paul! since

Mr. Walsh's divorce in October 2008. Under Florida Statute Section 784.046 (l)(a),

"Violence" means any assault, aggravated assault, battery, aggravated battery, sexual

assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment,

or any criminal offense resulting in physical. injury or death, by a person against any

other person. This threatening experience on Mr. Walsh's life will be rectified by his

previous dealings with the Florida Legislature and the insight of Judge Villanti.

Florida Appellate Judge, Craig C. Villanti 2 DCA stated, "Further, nowhere in section

784.046 is there any provision for an award of sanctions against a petitioner who uses

the statutory provisions concerning injunctions as a "sword rather than a shield". While

the lack of statutory sanctions may be a justifiable public policy, if abuses of the

injunction process are to be curbed, then a petitioner who knowingly misuses or abuses

"the system" should be ordered to pay any attorney fees incurred by the respondent

when successfully challenging the petition" (www.2dca.org/.. .2010/September/September

%2022.%2020 1 0/2D09-2998.pdf).

Page 7

Page 10: Florida First DCA Injunction and Former Husbands Brief

CONCLUSION:For the foregoing reasons, the judgment on appeal must be reversed based on the factsand evidence that the lower court erred in issuing this Final Judgment Of Injunction ForProtection Against Repeat Violence.

Daniel F. Walsh, Pro Se2656 Stern Drive SouthAtlantic Beach, Florida 32233904-235-1764walshie5O@aol corn

Page 8

Page 11: Florida First DCA Injunction and Former Husbands Brief

CERTIFICATE OF SERVICE

I certify that copies of the foregoing has been furnished by certified mail, this/ 4' day of May, 2012, to:

Ms Diane L. Paul!1510 2nd Street SouthJacksonville Beach, Florida 32250

(The Appellants Brief has also been submitted to the Folio Weekly, 9456 Philips Hwy,Suite 11, Jacksonville, FL 32256-1351, The Beaches Leader, 1114 Beach Blvd.,Jacksonville Beach, Florida 32230, Florida State Representative Eric Eisnaugle, 2212Curry Ford Road, Orlando, FL 32806-2422, Florida State Representative MikeWeinstein, Suite 10, 155 Blanding Boulevard, Orange Park, FL 32073-2624, FloridaState Senator John Thrasher, 9485 Regency Square Blvd., Suite 108 Jacksonville, FL32225-8 145, Florida State Senator David Simmons, 25! Maitland Avenue, Suite 304,

Altamonte Springs, FL 32701).

CERTIFICATE OF COMPLIANCE WITH FONT REQUIREMENT

I certify that this brief was typed in 14-point Times New Roman font.

Daniel F. Walsh2656 Stern Drive SouthAtlantic Beach, Florida 32233

904-235-1)64

By '1 6jJ2t"bamei F Walsh

Page 12: Florida First DCA Injunction and Former Husbands Brief

/IN THE CIRCUiT COURT OF THE SEVENTH JUDICIALC1CUIT,

IN AND FOR ST. JOHNS COUNTY, FLORIDA

Case No.: DPJ)7466S

Division: 57

IN RB THE MARRiAGE OF:

OLGA T. WALSH,

and

DANIEL F. WALSH,Husband.

/.

VERIFIED MOTION FOR INJUNITIVE REL.IE

COMES NOW Wife,, OLGA T. WALSH, by and through attc DLAL.

PAULL SQ., and tbr her EmergencY Verified Motion for Injunctive Relief

DANIEL F. WALSH, states as follows:

1.Dissolution of marriage proceedings are cuzrentiv pending between the parties

before this Honorable Court.

2.Husband is contaxLing Wife's employer, threatening to file suit against the St.

johnsCoun&y School District in an effort to have Wife fired from her job.

3.Husband has published and otherwise made public written statements that contain

libelous and false siatemerits about Wife's counsel's profession1 licensure. Such statements

have been published by Husband th the intent to defame Wife's counsel and subject her to

shame, seth rassisrent, and ridicule in her pifeasiou. ", /. Husband has made verbal threats against Wife and Wife's counsel. warning them(

, there would be "serious' consequences for "crossing" him and Wife and her counsel better --

"watch her back". Such statements were heazd by third parties at Wife's counsers office, who)

becarnejustly fearful for counsel's safety.

.Husband has flied a grievance with the Plorida Bar, falsely inaligniug Wife's

counsel to hot professional licebaing entity. In that grievance Husband has stated he will take

his battle to the "media" to continue to defame Wife's counsel and, further, plans In tIle "a class

action lawsuit'1 against Wifb's counsel.

Page 13: Florida First DCA Injunction and Former Husbands Brief

J/( / 15

.)

IHE .UD1C1AL CR(7,IN FOR DU\.4L, COTy FLORIDA

a;eNo, 200 CC7-Di\Jjcn Q

RNCIS a w,Lswj,PIain: if,

S.

DRNF L. PAULL,L)1èndant

CQMS NOW r)clendam, DfAJ'E PAULL, in prop perc, cI for her

arfied ?$4ticm Ir Iflj vc cef ga PIht1', FRAN(I Du

L arnufl Wasti Ii.& pubflsned andotherwise made puhIe wnfl Sa1O;flents thaI

ntan lthelous arid farc e'nients abott Deferdams prof ora1 pvore poceedin rn whch [)erdailt represenh the P1iirff'5

brother's soon4o-be forme'r

2 S: b PIain; f ae hen Published b Piaiinicc with the intn( innfan Detndani and ubec let ut sam ernb iem Mid pitbiic ridicule in her

proIcSsiofl.

1 Such an1cr by ?aintiil 1cc ierseiy Defenthuu, her pro herbh1y .nnduci her busncs uio rir cruractnr und profe ion&

aiiiciig in c muv4. PInijfii, Ilicd th utiouiidid awui. hch

does wi cc'mpi with Fod lawbih in legal basis nd ptadng Defedar a fa1r and dthniaior

light.

Plantiii 'chet u mde rha reLc against Dendan, wam her therewould he "ser;ous' eoncqu cs for "4fl' him nd

huuor "watch her hark" Suchir pario u i)eencam othce, whi ht utJv IarfJ fur

d.iiit' sifec,

)

Page 14: Florida First DCA Injunction and Former Husbands Brief

t/ /?/(Y 1/

C7s '1)and hour teacer s aid wife. It then turned on e.

2 ; unde IS CWfl name, ano under

3 isi- fo whatever, Posted all of the statements

4 that :; :ctd nd

5 There is an Injunctifl that was enterei bci

Thd'e l ndet in the divorce case.

7 TF]E COUFT: nd thats tn St. Johns County?

8 S. PAULL: Yes, ma.arn,I I

9 .I_iTHE COURT: Uinhuir, 1

10 MS. PAULL: And it states that the Court

: ( received credh!e CVIdence that the hbad has

12 threatened the wife to ccn:act her epiover and it

13)

is the husband who has Cpparently engaged in

14 ) defamatory conduct against the wife s attorney and

15 against the wife. SSld behavior includes calling

16 the wifes attcrneyss :fioe, ask if the(

1/ / attorney was gcin thrcuah :tenopae and threatening/

18J

the wifets attortey by StCtIng she should watch her19 back and don't cross canny Walsh.

20 And the JUCQC issued that njunctI0n in the

21 divorce case, but, of Course, that didn't Involve /22 rte.

23 And knowing that Mr. Walsh has a penchant for24 posting numerous things on his blog5 and on the25 internet ano hiorg behifld that persona, I chose not

Page 15: Florida First DCA Injunction and Former Husbands Brief

c

A ti 7

/

/7

T)Dati %Vaith: Diane are you going through zneuopause..,eau I ask you that? Are votN going through menopause? You aced to just chill outlets vor1Z together and get this thing ever with but please do not do) anything behind Dan WaISIfS back anymore there is always/ going to be consequences remember that Ok? and we will get readyfor June 1 7th OK?

Diane Pndl: Mr. \Vlsji Cvou dont refrain from liable state cots I vill ask .ludAlexander to instruct von accordingly

Dan Walsh' Thats line

Diane Paull: And you are not able to contact my client in any way shape or formregarding these proceedings and thus you are on notice van will notspeak to ow cient Olga WSLII on those maRersot all or lbc sanctions forsuppoit do i make myself clear

Dan \Vaish: I tv my wife she is a good woman tfhe would just tci somecounselins. that's all I "ant

Diane Paull: Mr. Vs/alsb if you ever make any statements about me again that are tistseor libel there will he consequences

Dan Walsh: Och you sooru: like me no that's ver therapeutic its working! So we wiltbe talking with you Diane you take cave of yourself and have agood weekend ru go pray ibr you

Diane Paull: Well we will have the judge decide thar

Dan Walsh: Thats line you take care of yourself

End /:1

fl,?

Page 16: Florida First DCA Injunction and Former Husbands Brief

Trw FLORIDA B651 ETJILR%STRKVT

JOHN F. HARK.ESS, JR. TAU.uAssri, FWIUIM 32399-2300Exrcirrltt DUIECTO*

May16, 2008

Mr. Daniel F. Walsh42 Sailfish DrivePonte Vedra Beach. FL 32082

Re: Ms. Diane Lynn Paul!; RFA No, 08-19621

Dear Mr. Walsh:

CS)

(S50) 561.5600wWWFtABMt.tC

Your inquiry concerning the conduct of the above member of the Bar has been analyzed and hasbeen determined to be a matter which warrants further investigation. The Supreme Court ofFlorida has adopleci rules that requIre the allegations be signed and under oath. In order tocomply with this rule you must sign the oath below and return it to us by May 27, 2008 beforewe can proceed with an investigation.

Under penalty of peijury, I declare that the facts contained in the inquiry submitted to TheFlorida Bar concerning Ms. Paull are true, correct and complete.

7. Lit c id- f/o /iMr. Daniel F. Walsh Date

If you do not complete and return the oath form to us, we may be unable to proceed with theinvestigation. A copy of the rule imposing this obligation (3-7.3(c)) may be found on the Ba?sweb site at www.floridabar.org.

Also, if you have documents that you feel support your allegations, please provide copies ofthem when you return the oath.

Thank you for your cooperation.

Sincerely,

Heidi F. Brewer. Bar CounselAttorney Consumer Assistance Program

Page 17: Florida First DCA Injunction and Former Husbands Brief

date: 7112/09 k..1 .'242 2

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/ DECEMBER 30, 2011 6:29 AMdplaw said.

IMr. Walsh is not telling the truth. I have not responded to his sillytirades because someone with his troubled mind wiB only enjoy it. Butthese statements are simply and ttally false.

JANUARY 8,2012 10:39AMAnonymous said...There are some Bad Apples in the legal system... this one happens tobe Rotten. .and will be brought up in mym ing mir..unless ofcourse someone makes a good bid on èba3ifôr some rare documents..

JANUARY 9, 2012 7:23AMdplaw said...Hiding behind a blog and an anonymous posting. Chicken and too afraidto face the truth

JANUARY 9, 2012 9:06 AMAnonymous said..,Oh DPLAW! You should talk about being chicken and hiding.

t JANUARY 9, 2012 9:16 PM /dplaw said...

\ Anonymous who?! Too embarassed to use your real name?!

JANUARY 12, 2012 6:21 AMAnonymous said...The Dirty Lawyer's At It Again..

JANUARY 18, 2012 3:05AMPost a Comment

LINKS TO THIS POST

Create a Link

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Wait Til The Media Gets A Hold Of This..

HomeSubscribe to: Post Comments (Atom)DONATE TO DANIEL WALSH (WALSH1E) FOR STATE REP.

Amount

Currency

BLOG ARCHIVE

'V 2008 (1)V July (1)V Jul 10(1)Welcome to my Blog...ABOUT ME

WALSHIE 4 STATE REPPONTE VEDRA BEACH, FLORIDA, UNITED STATES

Page 18: Florida First DCA Injunction and Former Husbands Brief

just found this blog. what's up?I've relocated to FL from Va. Living in St. Pete -wondering "how9 toget back into real estate - there is just so much opportunity here -especially in the Gulfport area. catch up with me on Facebook?thx!Marsha Maines

DECEMBER28, 20096:12 PMwalshie4staterep said...

Marsha. .1 know I can be a visionary at times. .but why ask me aboutrealestate, .when there are thousands of other morons out there. .1 willgive you a little advice,., if you have cash. .start converting intocanadian or australian dollars.. you will thank me this time next yrhave a good 1

DECEMBER 29, 2009 9:40 AMwalshie4staterep said...htLLwww.cflcJnpfQSince I'm here..check this out. .whon I get back to Fla. guess who'snext. .3 months in Penna. . .and my homework is complete..

DECEMBER 29, 2009 9:52 AMAnonymous said...I find it interesting how in the photo of you dunking, the hoop andnet cast a shadow, however you do not. Awesome!

FEBRUARY 2, 2011 7:12 AMAnonymous said...Oh and check out the poor alignment of the lines on the back court andthe bottom of the fence between his feet. You preach truth and flaunta lie in our face. Disgraceful. I've seen a better PhotoShops fromthird graders.

FEBRUARY 2, 2011 7:20 AMAnonymous said...

Jacksonville Attorney Diane Paull is now being investigated by theFlorida Attorney General. Yes, this Dirty Lawyer was caught on tapelying in a court of law. Be careful. she has the tongue of aserpent. .and has swindled many families. .but soon her days as a DirtyLawyer will be over. But we want more.. retribution to those who havesuffered the pain from this Dirty Lawyer. .she doesn't know it but hertime is short.. it's in the Book..

JULY 15, 2011 4:53 PMAnonymous said...The system must be cleansed of the corrupt and bad elements in societyto move forward. .here's a start..

DECEMBER 17,2011 4:59AMAnonymous said...PERJURY IS A CRIME... .EVEN 4 A DIRTY LAWYER....

DECEMBER 22, 2011 5:35 AMAnonymous said...Jacksonville Attorney Diane L Paull

Page 19: Florida First DCA Injunction and Former Husbands Brief

rav& X

i2j3

Repiy

Nash to washie8, waishie5O show detats 4/15/11

Submitted on 2011/04/15 at 2.48 amDiane Paull This posting is written by a very small little man who was abusive.

95comcas,netthreatening and failed to support his family. These statements areZ6. 1222433 false, sly lies from a Silly ttle man with a silly little mind, probably

suggests a little everything, GO away. Waishie, no one cares about youReply Reply to afi Forward

Page 20: Florida First DCA Injunction and Former Husbands Brief

Honorable Judge Karen Cole,

CD))

Paull (petitioner) v Walsh (respondent)

CaseNo: 16-2012- 151-DVXX

I appreciate your letter of response on my motion to modify "liii unction For Protection For Repeat

Violence", filed February 23, 2012. For the record, this Florida Supreme Court approved Family Law

Form 12.980(j), Motion For Modification Of 1rjuneti.on For Protection Against (Repeat Violence)to

"stay" the psychiatric evaluation was given to inc "by the staff" at the Domestic Violence Department,

by the attending and notarized by the staff in the department (attachment B). In fact, it was the staff at

the department that suggested to use the word 'suspead" in the motion. I apologize for being

misdirected if that turns out to be the case. Also for the record, the most recent order from the court,

March 30, 2012, is "not" for Final Judgment Of Injunction For Protection Against "Domestic

Violence" as so stated in your court?s issued document p. 2, last paragraph, and my February 23, 2012filing was never intended as Domestic Violence since the issue at hand has nothingto do with Domestic

Violence. This is an Injunction For Protection Against "Repeat Violence" taken from a legitimate

"public blog" off the internet (attachment A). I also tiled on March 9, 2012 another motion to modifyinjunction for protection against "repeat violence", case no. 2012-151-DVXX ascertaining (petitioner),

Diane Paul! contacted myself via three emaiis during thethen running enforcement of this

injunction, which strictly states on section 3, page 2 of Injunction and Terms of, orders: (attachment C)

"Any party violating this injunction shall be subject to civil or indirect criminal contempt

proceedings, including the imposition of a fine or imprisonment, and also may be charged with a

crime punishable by a tine, jail, or both, as provided by Florida Statutes,"

.1 do realize the court system is under some pressure, not unlike every and any other private or public

entity at this time. I also know that the State oF Florida receives Federal funding involving Injunctions,

Child Support, Alimony and likewise programs that are based on the increase or decrease of such

proceedings. .1 am very familiar with VAWA, Violence Against Women Act, and what their

requirements are for getting Federal Funding. I know this because I am involved with several

organizations throughout Florida, such as FAR, Florida Alimony Reform in the reforming laws such asFlorida Statute 61.08 and also through classes I have taken at the University of West Florida, and UNF.

Obviously, lrjunction For Protection laws or those pertaining to, have also been used and abused, as in

my case, the fact which is pointedly obvious; and I believe changes will be madeto them as we havedone with the Florida Alimony laws.

As the court should know by now, the petitionei Diane Paull has not only violated her own injunction,

hut has exposed what Ive been trying to do for years, that she has conspired to commit fraud, and nofor the third time in the last 3 and a half years assuredly perjured herself under oath in a court of law.

(attachment D, E). So if anything positive has transpired from this "Injunction For Protection Against

Repeat Violence", it was done by Diane Pauli herself in showing the Judicial System and the Public It

serves that laws are being violated and broken by those within the legal system. This injunction has notonly affected me emotionally and financially, but has affected my studies as a college Senior at the

University of West Florida in which I was to graduate this Spring. Also, since Attorney Paull wasinstrumental in preventing and obstructing me from receiving my lump sum alimony, the continuation

of these activities is embodied in the cooked up injunction and more seriously in the order for

Psychiatric Evaluation attached to it, being the most recent. Consequentially, I have reopened FinalJudgment, walsh v walsh, ease no, DR07-1665 after 2 1/2 years fearing Ms. Paull would once againinterfere, obstruct, and conspire to defraud the court.

Page 21: Florida First DCA Injunction and Former Husbands Brief

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C)This and that being said, my Appeal to the higher court is not only a remedy, but a necessity to dealwith this injunction and the insulting order bond to it. I haveevery confidence and hope the highercourt will look at it the same way I have, and with bewilderment. I have shown enough materialevidence regarding the party of Diane Paull that may as well lead to her disbarment as a licensedattorney in the state of Florida. and suggests that a Grand Jury investigation of such behavior willdecipher the structure and type of all this in the course of my Appellant action.

Since I have a detached retina that needs immediate attention, and must focus on completing school atthis point I can no longer abide by distractions and attacks and threats that are disruptive to my life andpeace of mind. That is to say I am confident and convinced my appeal will in some measure rectify theinjustice that has been committed on me, and those who have been complicit in that, that is they whohave caused it. And frowned upon by the higher court; an embarrassment to the Judicial System as awhole, Honorable Judge Cole I think we both know having the evidence in hand (see attachments) thatthis injunction with the psych evaluation can be construed - to quote Judge Villanti Florida 2nd DCA-- as "being used as a sword instead of a shieldt' on the part of the petitioner

( After analyzing the current situation, both Ms. Pauli and myself, have been adversely affected in what )I

has materialized over the past several years. It is my understanding in the court order on March 30, /2012 that there is no need for a hearing on the psychiatric evaluation on April 23, 2012 ii I were to

[ drop the appeal. Simply put, drop, cancel, nullify this injunction for protection against repeat violence (I and psych evaluation. No blogging, no contact, no interferences, no association whatsoever involving \

Diane Paull (petitioner) and Daniel F. Walsh from then on, whereby: (respondent and appellant) IDaniel F. Walsh will drop the appeal, and preclude any and all material evidence against Diane Paull. In

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any case, a decision must be made immediately. /

Daniel F. Walsh2656 Stern Dr. S.Atlantic Beach, Florida 32233Tel.: (904) 235-1764

Respectfully.,

Daniel F. Walsh

1. certify that a copy of this document and attachments (A, B, C, D, and E) were mailed bycertified mail to the parties below:

I)iane Paull, 1510 2rId St., S., Jacksonville Beach, Fl. 32250,Judge Karen Cole, Duval County Courthouse, Jacksonville, Fl, 32202,

Office of State Attorney, 4thJudicial Circuit, Duval County Courthouse, Jacksonville. Fl. 32202-2982,

The Federal Bureau of Investigation, lO. Box 1104, Scranton, PA 18501Att: Special Agent Joe Noone