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Criminal charges against Venice Airport manager Fred Watts have been dropped by the State Attorney's Office, this according to information from Watt's attorney's office.
Michael Barfield, assistant to attorney Andrea Mogensen, notified Venice Florida! dot com this morning of the State Attorney's decision to drop the charges. In an email sent out this morning, Barfield wrote, "The charges against Fred Watts have been dismissed. He returned to work today."
Watts had hired Mogensen to represent him after Watts was arrested last month. Watts was accused of battering his wife. According to the police report, Watts had pushed his wife during an argument about her use of prescription pain pills. Watts was reportedly accused of pushing his wife as she was attempting to obtain more pills.
Wednesday, December 2, 2009
Wednesday, November 18, 2009
Multi-million dollar lawsuit filed against Boone law firm for legal malpractice
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(photo, left to right: attorneys Jeff and Dan Boone, the public face of the Boone law firm)
Claiming he has lost millions as a direct result of legal negligence and breach of professional duty, noted Venice orthopedic surgeon J. Fred Miller has filed suit against the Boone law firm for legal malpractice.
Reached by phone, Miller's attorney, W. Cort Frohlich, stated, "This is as clear a case of legal malpractice as you can get and we are going full steam ahead."
The suit, filed in circuit court on October 15, 2009, by Miller's attorney, W. Cort Frohlich, accuses the Boone law firm of failing to represent Miller in a foreclosure lawsuit after the law firm agreed to do so. The suit names law firm partners Stephen Boone and John Koda as well as the Boone law firm in toto (civil complaint, 6 pages, PDF).
In March of 2008, Community National Bank (since absorbed by Stearns Bank) filed a foreclosure suit against Miller over his interest in some undeveloped commercial land in Sarasota County.
According to Frohlich's complaint, the Boone law firm was hired by Miller to represent him in the foreclosure action. Frohlich writes that the Boone law firm subsequently failed to provide any meaningful or substantive legal services, causing a domino effect of legal and financial failures which, in turn, culminated in the seizure of Miller's thoroughbred horse breeding operation in Kentucky during an advertised horse auction.
According to the complaint, the Boones failed to respond to the initial filing for foreclosure, which allowed Community National to successfully obtain a summary judgment against Miller. This not only gave Miller's land interest to the bank, but also allowed the bank to obtain a money judgment in the amount of $1.99 million with the crucial wording "for all of which let execution issue."
According to the complaint, this, then, gave Community National a huge legal crowbar to go after any and all of Miller's professional and personal assets, which the bank did, starting with Miller's thoroughbred breeding operation in Kentucky, Miller Thoroughbreds, LLC.
Miller, apparently unaware of the Boone law firm's failure to represent him in the first action, re-hired the Boones to represent him in the Kentucky foreclosure action. According to the complaint, Miller was told "that he need not take any action in response to the filing" in Kentucky.
That was a second case of negligence, according to Frohlich, one that shut down Miller's horse breeding business when, unbeknownst to Miller, an advertised auction of thoroughbred horses was taken over by the Jefferson County Court in Kentucky in November of 2008.
According to Frohlich's complaint, the proceeds of the then-upcoming advertised auction were ordered to be deposited with the court. The auction house was served with the seizure notice just days before the auction, and the auction house promptly canceled the auction and terminated Miller Thoroughbred's credit line.
Thanks to the fact that no attorney showed up in court to defend Miller, Community National obtained from the Kentucky courts a second summary money judgment against Miller, this time in the amount of $1.98 million.
Word spread quickly through the equine world, and Miller, according to the complaint, "was forced to sell his stock at severely deflated prices." That, in turn, caused Miller Thoroughbreds to be unable to pay vendors, auction houses, banks, etc., and the company quickly spiraled into bankruptcy.
Frohlich alleges that Miller's economic implosion is all a "direct result and consequence of the negligence of Boone, Koda and [the] Boone law firm. ...None of the above would have occurred, but for the negligence and breach of the professional duty of care by" the Boone firm.
Frohlich writes that "by advising Miller that he need not respond or take any action in response to the filing of the Kentucky Action...," and "by failing to advise Miller that he needed to immediately retain counsel in Kentucky to defend the effort by the bank" to go after his assets there, that the Boones "were further negligent in their legal representation of Miller and further breached their duty of professional care."
The court filing concludes with this statement: "As a direct and proximate result of the negligence of (the Boone firm], and their breach of their professional duty to Miller, Miller has suffered and will continue to suffer damages in the millions of dollars as a result of the impact to him personally as well as to the entities which he owned and invested in."
Reached by phone, Boone law partner Jeff Boone stated "I honestly can't comment on it as I am not the attorney handling this case." Jeff Boone referred all questions to his brother, law partner Stephen Boone, who was not in the office.
While Frohlich writes in the complaint that Miller is seeking damages in excess of $15,000, Frohlich stated by phone that was a necessary minimum amount that needed to be in the legal wording just to get the case into circuit court. Frohlich stated that his client had lost several million dollars and that Miller was seeking compensation for the money that was lost as a result of the Boone law firm's handling of the two cases.
The Boones have untilthis Friday (two days from today) November 29 to have their response clocked in to the clerk of court's office to avoid yet another default judgment.
(photo, left to right: attorneys Jeff and Dan Boone, the public face of the Boone law firm)
Reached by phone, Miller's attorney, W. Cort Frohlich, stated, "This is as clear a case of legal malpractice as you can get and we are going full steam ahead."
In March of 2008, Community National Bank (since absorbed by Stearns Bank) filed a foreclosure suit against Miller over his interest in some undeveloped commercial land in Sarasota County.
According to Frohlich's complaint, the Boone law firm was hired by Miller to represent him in the foreclosure action. Frohlich writes that the Boone law firm subsequently failed to provide any meaningful or substantive legal services, causing a domino effect of legal and financial failures which, in turn, culminated in the seizure of Miller's thoroughbred horse breeding operation in Kentucky during an advertised horse auction.
According to the complaint, the Boones failed to respond to the initial filing for foreclosure, which allowed Community National to successfully obtain a summary judgment against Miller. This not only gave Miller's land interest to the bank, but also allowed the bank to obtain a money judgment in the amount of $1.99 million with the crucial wording "for all of which let execution issue."
According to the complaint, this, then, gave Community National a huge legal crowbar to go after any and all of Miller's professional and personal assets, which the bank did, starting with Miller's thoroughbred breeding operation in Kentucky, Miller Thoroughbreds, LLC.
Miller, apparently unaware of the Boone law firm's failure to represent him in the first action, re-hired the Boones to represent him in the Kentucky foreclosure action. According to the complaint, Miller was told "that he need not take any action in response to the filing" in Kentucky.
That was a second case of negligence, according to Frohlich, one that shut down Miller's horse breeding business when, unbeknownst to Miller, an advertised auction of thoroughbred horses was taken over by the Jefferson County Court in Kentucky in November of 2008.
According to Frohlich's complaint, the proceeds of the then-upcoming advertised auction were ordered to be deposited with the court. The auction house was served with the seizure notice just days before the auction, and the auction house promptly canceled the auction and terminated Miller Thoroughbred's credit line.
Thanks to the fact that no attorney showed up in court to defend Miller, Community National obtained from the Kentucky courts a second summary money judgment against Miller, this time in the amount of $1.98 million.
Word spread quickly through the equine world, and Miller, according to the complaint, "was forced to sell his stock at severely deflated prices." That, in turn, caused Miller Thoroughbreds to be unable to pay vendors, auction houses, banks, etc., and the company quickly spiraled into bankruptcy.
Frohlich alleges that Miller's economic implosion is all a "direct result and consequence of the negligence of Boone, Koda and [the] Boone law firm. ...None of the above would have occurred, but for the negligence and breach of the professional duty of care by" the Boone firm.
Frohlich writes that "by advising Miller that he need not respond or take any action in response to the filing of the Kentucky Action...," and "by failing to advise Miller that he needed to immediately retain counsel in Kentucky to defend the effort by the bank" to go after his assets there, that the Boones "were further negligent in their legal representation of Miller and further breached their duty of professional care."
The court filing concludes with this statement: "As a direct and proximate result of the negligence of (the Boone firm], and their breach of their professional duty to Miller, Miller has suffered and will continue to suffer damages in the millions of dollars as a result of the impact to him personally as well as to the entities which he owned and invested in."
Reached by phone, Boone law partner Jeff Boone stated "I honestly can't comment on it as I am not the attorney handling this case." Jeff Boone referred all questions to his brother, law partner Stephen Boone, who was not in the office.
While Frohlich writes in the complaint that Miller is seeking damages in excess of $15,000, Frohlich stated by phone that was a necessary minimum amount that needed to be in the legal wording just to get the case into circuit court. Frohlich stated that his client had lost several million dollars and that Miller was seeking compensation for the money that was lost as a result of the Boone law firm's handling of the two cases.
The Boones have until
Monday, November 16, 2009
Batshiat Crazy Harry on losing: "The horror," the horror, the horror
The man with the heart of darkness faces his own political apocalypse and the results are not pretty
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Batshiat Crazy Harry Walia may come back for more self-created public abuse next year. Then again, he may not. It all depends.
In an open letter to his supporters (PDF file, one page), Walia shows off his math skillz, thanks his supporters, comments on "the horror of smear" aimed at him, and warns that he may come back for sloppy seconds next year.
Walia claims in his letter that he endured "the horror" only to lose by 70 votes. In fact, the margin was 139 votes, but who's counting? It's only math.
"Your hard work... helped us to dispel the difficulties, to withstand the horror of smear, insults, and personal attacks."
Claiming that his campaign was "a success even though it did not bring me a victory," Walia claimed to have run a "clean campaign."
Hold that thought for a moment. Here's an email I received on October 29, a week before the election.
During Sun Fiesta I had a yard sale and used one of his illegally posted [on city property] signs as the foundation for my yard sale sign. During the parade they blocked off an entrance to my street, so I went to check on my signage. The sign I posted below Walia's sign had been ripped off and was nowhere to be found (in other words, it had been stolen).
Several days later, I happened to look out my window and saw Harry placing one of his signs in MY yard. I promptly went out, picked it up, saw that he was walking back to his car which was parked halfway down the street, and approached him saying, "You cannot place your sign on my property."
He responded that it was not my property, but the property of the doctor's office next door.
I replied that a) he was mistaken, it was my property; and b) that regardless of whose property it was, it was illegal to post the sign so close to the road as it obstructs drivers' views.
I handed him his sign and he said, "You're miserable!"
I bit my tongue and only responded, "Well, at least I didn't throw your sign away. And, by the way, there are at least 30 of my friends and family whose vote you will not be getting."
After reading the comments on this website, and the article in the paper yesterday, I wonder, "Who's miserable NOW???" Cheers.
The real horror (or the real fun, depending on your point of view) comes in his less than obscure threat to maybe sort-of return for more self-created public abuse: "I will only say I may return, God willing."
Hell, Harry, don't go away mad.
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Batshiat Crazy Harry Walia may come back for more self-created public abuse next year. Then again, he may not. It all depends.
In an open letter to his supporters (PDF file, one page), Walia shows off his math skillz, thanks his supporters, comments on "the horror of smear" aimed at him, and warns that he may come back for sloppy seconds next year.
Walia claims in his letter that he endured "the horror" only to lose by 70 votes. In fact, the margin was 139 votes, but who's counting? It's only math.
"Your hard work... helped us to dispel the difficulties, to withstand the horror of smear, insults, and personal attacks."
Claiming that his campaign was "a success even though it did not bring me a victory," Walia claimed to have run a "clean campaign."
Hold that thought for a moment. Here's an email I received on October 29, a week before the election.
During Sun Fiesta I had a yard sale and used one of his illegally posted [on city property] signs as the foundation for my yard sale sign. During the parade they blocked off an entrance to my street, so I went to check on my signage. The sign I posted below Walia's sign had been ripped off and was nowhere to be found (in other words, it had been stolen).
Several days later, I happened to look out my window and saw Harry placing one of his signs in MY yard. I promptly went out, picked it up, saw that he was walking back to his car which was parked halfway down the street, and approached him saying, "You cannot place your sign on my property."
He responded that it was not my property, but the property of the doctor's office next door.
I replied that a) he was mistaken, it was my property; and b) that regardless of whose property it was, it was illegal to post the sign so close to the road as it obstructs drivers' views.
I handed him his sign and he said, "You're miserable!"
I bit my tongue and only responded, "Well, at least I didn't throw your sign away. And, by the way, there are at least 30 of my friends and family whose vote you will not be getting."
After reading the comments on this website, and the article in the paper yesterday, I wonder, "Who's miserable NOW???" Cheers.
The real horror (or the real fun, depending on your point of view) comes in his less than obscure threat to maybe sort-of return for more self-created public abuse: "I will only say I may return, God willing."
Hell, Harry, don't go away mad.
Thursday, November 12, 2009
Wiand, Jet Center hit with second motion; Wiand accused of inflating Jet Center's value, profitability
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Two days ago, City Attorney Bob Anderson sent out a letter to Burton Wiand, the court appointed receiver for Nadel's Scoop Management Ponzi scheme. Anderson's letter accused Wiand of playing fast and loose with the facts.
Early today, potential Jet Center buyer Earl Niemoth filed papers in federal court accusing Wiand of much the same thing [text copy provided by Niemoth].
This is Niemoth's second attempt at asking for court intervention to examine Wiand's involvement in the receivership of Nadel's Ponzi scheme.
His first attempt was rejected by the court because, according to the rejection ruling, the court apparently didn't recognize Niemoth as a potential buyer, instead ruling against Niemoth as a creditor trying to leapfrog over Wiand to get at the Jet Center's assets.
Niemoth addresses the apparent error in his newest filing.
To date, the only assett left for Wiand to recover is the fiunds tied in to the Jet Center. Niemoth accuses Wiand of inflating the value. Niemoth states he has examined the books and the tax returns for the Jet Center and that the business has been losing money steadily -- specifically in the six digit per annum range for the last three years.
Niemoth also accuses Wiand of playing fast and loose with potential buyers by not picking and choosing who Wiand would let have a seat at the table.
So far, no comment from the city on Niemoth's motion.
Two days ago, City Attorney Bob Anderson sent out a letter to Burton Wiand, the court appointed receiver for Nadel's Scoop Management Ponzi scheme. Anderson's letter accused Wiand of playing fast and loose with the facts.
Early today, potential Jet Center buyer Earl Niemoth filed papers in federal court accusing Wiand of much the same thing [text copy provided by Niemoth].
This is Niemoth's second attempt at asking for court intervention to examine Wiand's involvement in the receivership of Nadel's Ponzi scheme.
His first attempt was rejected by the court because, according to the rejection ruling, the court apparently didn't recognize Niemoth as a potential buyer, instead ruling against Niemoth as a creditor trying to leapfrog over Wiand to get at the Jet Center's assets.
Niemoth addresses the apparent error in his newest filing.
To date, the only assett left for Wiand to recover is the fiunds tied in to the Jet Center. Niemoth accuses Wiand of inflating the value. Niemoth states he has examined the books and the tax returns for the Jet Center and that the business has been losing money steadily -- specifically in the six digit per annum range for the last three years.
Niemoth also accuses Wiand of playing fast and loose with potential buyers by not picking and choosing who Wiand would let have a seat at the table.
So far, no comment from the city on Niemoth's motion.
Attorney cat-fight -- Anderson to Wiand: DIAF, you lying sack of protoplasm
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To: Burton W. Wiand, Esquire
From: City Attorney Robert C. Anderson
Date: November 10, 2009
Subject: Scoop Receivership
Your November 6, 2009 correspondence to Isaac Turner [link to story] continues your pattern of evasiveness, misrepresentation, and erroneous conclusions. Mr. Turner and I believe that a line by line response would be a futile exercise and the City of Venice prefers to allow your actions and those of the City to speak for themselves.
The City looks forward to working with the purchaser of the Venice Jet Center, LLC regarding future leasehold improvements.
Sincerely,
Robert C. Anderson
City Attorney
To: Burton W. Wiand, Esquire
From: City Attorney Robert C. Anderson
Date: November 10, 2009
Subject: Scoop Receivership
Your November 6, 2009 correspondence to Isaac Turner [link to story] continues your pattern of evasiveness, misrepresentation, and erroneous conclusions. Mr. Turner and I believe that a line by line response would be a futile exercise and the City of Venice prefers to allow your actions and those of the City to speak for themselves.
The City looks forward to working with the purchaser of the Venice Jet Center, LLC regarding future leasehold improvements.
Sincerely,
Robert C. Anderson
City Attorney
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