IN THE SUPREME COURT OF THE STATE OF FLORIDA

Transcription

1 IN THE SUPREME COURT OF THE STATE OF FLORIDA Case No.: SC Lower Tribunal Case No.: 5D Lower Tribunal Case No.: 1999-DR JASON DEAN HAMMOCK Petitioner, Former Husband, Appellant Vs. DEBORAH LYNN ARTHURS/HAMMOCK Respondent, Former Wife, Appellee ROBERT M. GRGURIC, ATTORNEY FOR APPELLEE JOHN A. TOMASINO, CLERK OF THE FLORIDA SUPREME COURT PAMELA R. MASTERS, CLERK OF THE FIFTH DISTICT COURT OF APPEALS I KIM JOHNSON, DEPUTY CLERK CIVIL APPEAL OF THE NINTH JUDICIAL CIRCUIT COURT CIRCUIT JUDGE ROBERT M. EVANS, OF THE NINTH JUDICAL CIRCUIT COURT JUDGE MAGISTRATE JAMES E. GLATT, JR., OF THE NINTH JUDICIAL CIRCUIT COURT MAGSTRATE/ATTORNEY APPELLANTS' INTERNAL BRIEF ON DISCRETIONARY JUDISDICTION Amended BriefUnder Order-BriefStricken (Non-Compliance) For April 1, 2014 Respectfully submitted by: Jason Hammock 1305 Flewelling Avenue Ocoee, Florida (407) Pro Se In Propria Persona

2 TABLE OF COTENTS Page No. Table of Authorities (1,2) Opening Statements: 1 Statements and Arguments: POlNT 1 1,2,3 April 1, 2014, Letter/Order Brief Stricken to the Petitioner from John A. Tomasino POINT 2 4,5 April 1, 2014, Letter/Order Brief Stricken to the Petitioner from John A. Tomasino. POINT 3 5,6 Fifth District Court-Order, sua sponte, from Pamela R. Masters POINT 4 6 Fifth District Court-Order for Oral Arguments under Fla. R. App. P POINT 5 7 Fifth District Court-Order to be dismissed. Conclusion: 7,8 Certification Of Service: 9 Certificate Of Type Face Compliance: 10 Appendix/Exhibit: EXHIBIT-FLORIDA SUPREME COURT LETTER/ORDER APRIL 1, ,4,5 1

3 EXHIBIT-FLORIDA RULE OF APPELLATE PROCEDURES EXHIBIT-REGISTER OF ACTIONS 4/13/2014 4,7 EXHIBIT-FLORIDA SUPREME CASE DOCKET- 4/11/ EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURE EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURE EXHIBIT-FIFTH DISTRICT ORDER NOVEMBER 18, EXHIBIT-FIFTH DISTRICT NOVEMBER 21, EXHIBIT-FIFTH DISTRICT ORDER NOVEMBER 22, EXHIBIT-FIFTH DISTRICT NOVEMBER 26, EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURE EXHIBIT-FIFTH DISTRICT ORDER JANUARY 29, EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURES 9.200(a)(3) 7 2

4 TABLE OF AUTHORITIES Related Cases Case No.: 2010-DR O (On File with the Florida State Supreme Court) ARTHURS, DEBORAH L., ARTURS, SHAWN R. Lead Attorney-ROBERT M. GRGURIC, Esquire Vs. HAMMOCK, SARAH M., WOZNIAK, NICHOLAS Lead Attorney-NA/No Attorney Representing Respondents' Pag_e Court Orders FLORIDA SUPREME COURT LETTER/ORDER APRIL 1, ,4,5 FIFTHDISTRICT ORDER NOVEMBER 18, ,6 FIFTH DISTRICT ORDER NOVEMBER 22, FIFTH DISTRICT ORDER JANUARY 29, Florida Rules of Family Procedures Rule (f) 8 Rule (g)(3) 8 Florida Rules of Appellate Procedures RULE ,3,4,5 RULE 9.030(a)(2)(A) 5 RULE 9.200(a)(3) 7 RULE Florida Statutes

5 Paste 61.14(7) 8 Other Register Of Actions, Orange County Court 4,7,8 Florida Supreme Case Docket 5 2

6 Opening Statements: Case No.: SC Case No.: SCl4-336 The Arguments and Statements of this Answer TO The Order filed on Tuesday, April 1, 2014 is based off of facts and with the AppendixÆxhibits filed on this said Case from February 7, 2014 to current date and the new AppendixÆxhibits in this said Internal Brief. All Documentation shall be held as Appendix/Exhibits 522vidence with the District Of Columbia in Washington, DC, in the US Supreme Court. The Appellant/Petitioner wishes this Court on good standings with and the greater ofthe public of the State Of Florida, wishes to settle in the State OfFlorida, but ifthe matters has not been resolved in the State Of Florida with this said Court (State Of Florida Supreme Court) with the Lawsuit for Damages and if this said Case is not heard in front of the Florida Supreme Court in Court Hearing, then the Appellant/Petitioner shall Invoke Discretionary Jurisdiction to the US Supreme Court. The Appellant/Petitioner has already sent the Summary Judgment Hearing MOTION TO GRANT SUMMARY JUDGMENT HEARING UNDER CIVIL CONTEMPTÆNFORCEMENT in which was received on March 13, 2014 and this Motion has not been filed as of current date. The Statement of the Case and Summary of Arguments: POINT 1 April 1, 2014, Letter/Order Brief Stricken to the Petitioner from John A. Tomasino 1

7 According to Appendix/Exhibit EXHIBIT-FLORIDA SUPREME COURT LETTER/ORDER APRIL 1, 2014, John A Tomasino, Clerk Supreme Court, filed falsified Order/Documents in which the Petitioner/Appellant filed was not in compliance with the Florida Rules of Appellate Procedure and it was filed and the Petitioner/Appellant did follow these procedures and the Petitioner/Appellant can show the Florida Rules of Appellate Rule as evidence against John A. Tomasino, Clerk Supreme Court, filed falsified documents against the Petitioner/Appellant in this Case as EXHIBIT-FLORIDA RULE OF APPELLATE PROCEDURES 9.120, in which part of this Florida Rule of Appellate Procedure is John A. Tomasino, Clerk Supreme Court, is referring to a Florida Rule, since John A Tomasino, Clerk Supreme Court is referring to in this rule which Rule is he referring to? Facts about this Letter and on all the Letters/Orders, John A Tomasino, Clerk Supreme Court shows whom it was served to in which is addressed to both Robert Mark Grguric and Jason Dean Hammock to follow, but for fact, Robert Mark Grguric has never complied with any of these Letters/Orders. Florida Rule of Appellate Procedure Applicability- This rule applies to those proceedings that invoke the discretionary jurisdiction of the supreme court described in Fla. R. App. P (a)(2)(A). Fla. R. App. P JURISDICTION OF COURTS (2) Discretionary Jurisdiction. The discretionary jurisdiction of the supreme court may be sought to review (A) decisions of district courts of appeal that (i) expressly declare valid a state statute; (ii) expressly construe a provision of 2

8 Case No.: SCl4-205 the state or federal constitution; (iii) expressly affect a class of constitutional or state officers; (iv) expressly and directly conflict with a decision of another district court of appeal or of the supreme court on the same question of law; (v) pass upon a question certified to be of great public importance; (vi) are certified to be in direct conflict with decisions of other district courts of appeal; Petitioner/Appellant has followed accordingly to Law. 042 (b) Commencement- Petitioner/Appellant has followed accordingly to Law. 042 (c) Notice- Petitioner/Appellant has followed accordingly to Law. 042 (d) Briefs on Jurisdiction- Petitioner/Appellant has followed accordingly to Law, but how ever John A. Tomasino, Clerk Supreme Court has denied/dismissed or stricken evidence to protect the lower tribunal courts and the attorney listed above, in which is going against this rule. Neither The Fih District Court, Clerk Pamela R. Masters nor Attorney Robert M. Grguric has not also followed this rule for not responding with their Internal Briefs and both have failed to follow this said time frame in the time allowed. By their actions, this shall be a default. 042 (e) Accepting or Postponing Decision on Jurisdiction; Record- Petitioner/Appellant has followed accordingly to Law, but John A. Tomasino, Clerk Supreme Court has not followed this rule. If John A. Tomasino, Clerk Supreme Court did follow this rule then the Petitioner/Appellant's evidence would have not been dismissed/stricken by this court. 3

9 042 (f) Briefs on Merits- Petitioner/Appellant has followed accordingly to Law, but how ever John A. Tomasino, Clerk Supreme Court has denied/dismissed or stricken evidence to protect the lower tribunal courts and the attorney listed above, in which is going against this rule. In fact, if the Clerk Of Courts John A. Tomasino, Clerk Supreme Court had that same power to stricken and/or dismiss evidence, then Colleen M. Reilly, Interim Clerk (prior Clerk of Orange County), Kim Johnson, Deputy Clerk Civil Appeals and Pamela R. Masters, Clerk of Fifth District Court would have already denied Circuit Robert M. Evens Order Denying on April 15, 2013 in which is in evidence filed on February 18, 2014 with this said Court. In fact, this is why this said Case is in the State Of Florida Supreme Court shown in EXHIBIT- REGISTER OF ACTIONS 4/13/2014. POINT 2 April 1, 2014, Letter/Order Brief Stricken to the Petitioner from John A. Tomasino. According to Appendix/Exhibit EXHIBIT-FLORIDA SUPREME COURT LETTER/ORDER APRIL 1, 2014, John A Tomasino, Clerk Supreme Court, stated "Petitioner is hereby directed", so therefore John A Tomasino, Clerk Supreme Court is directing the Appellant/Petitioner to follow said Florida Rules but not 4

10 Case No.: SCl4-336 following said Florida Rules, because John A. Tomasino, Clerk Supreme Court knows in which 10 pages with double-spaced could not give the Petitioner/Appellant the ample pages required to present the present arguments, in this said Internal Brief. Both Fla. R. App. P and/or Fla. R. App. P (a)(2)(A) does not corresponded with John A Tomasino, Clerk Supreme Court and his Order on April 1, 2014 shown in EXHIBIT-FLORIDA SUPREME CASE DOCKET- 4/11/2014, EXHIBIT-FLORIDA SUPREME COURT LETTER/ORDER APRIL 1, 2014, EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURE JURISDICTION OF COURTS and EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURE DISCRETIONARY PROCEEDINGS TO REVIEW DECISIONS OF DISTICT COURTS OF APPEAL and does not hold Law under the 10 page rule with double-spacing in which John A. Tomasino, Clerk Supreme Court states on April 1, So therefore the Appellant/Petitioner is asking this court for John A. Tomasino, Clerk Supreme Court to be removed from his civil duties as the Clerk OfThe Supreme Court. POINT 3 Fifth District Court-Order, sua sponte, from Pamela R. Masters. On November 18, 2013, Pamela R. Masters, Ordered the Appellant/Petitioner to show cause, for this said case should not be dismissed in which is EXHIBIT-FIFTH 5

11 DISTRICT ORDER NOVEMBER 18, On November 21, 2013, Pamela R. Masters entered the Appellant/Petitioner's Response To Order Under Sua Sponte, Internal Brief shown in EXHIBIT-FIFTH DISTRICT NOVEMBER 21, In this Exhibit, the Appellant/Petitioner shows under Res Judicata, Collateral Estoppel, Estoppel and Writ Of Habeas Corpus in which the Fifth District Court is protecting the lower tribunal courts in their ruling and also protecting the Ninth Judicial Circuit Court in which is jurisdiction by the Fifth District Court and the Fifth District Court Of Appeals. POINT 4 Fifth District Court-Order for Oral Arguments under Fla. R. App. P On November 22, 2013, Pamela R. Masters, Ordered the Appellant/Petitioner to request oral arguments under Fla. R. App. P in which is shown in EXHIBIT- FIFTH DISTRICT ORDER NOVEMBER 22, On November 26, 2013, the Appellant/Petitioner filed for Request For Oral Argument Briefmg and this oral argument briefing was never granted TO BE HEARD AND RULED ON under Florida Rule - Appellate Procedures to be heard shown in EXHIBIT-FIFTH DISTRICT NOVEMBER 26, 2013 and in EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURE

12 POINT 5 Fifth District Court-Order to be dismissed. On January 29, 2014, Pamela R. Masters, Ordered to dismiss the case because of "failure to file the record-on-appeal", shown on EXHIBIT-FIFTH DISTRICT ORDER JANUARY 29, 2014 and Pamela R. Masters filed with the Florida Supreme Court shown in this exhibit. The Appellant/Petitioner did file and paid for the files to be sent by KIM JOHNSON, DEPUTY CLERK CIVIL APPEAL OF THE NINTH JUDICIAL CIRCUIT COURT, but KIM JOHNSON, DEPUTY CLERK CIVIL APPEAL OF THE NINTH JUDICIAL CIRCUIT COURT failed to follow the directions to the clerk, filed by the Appellant/Petitioner on August 23, 2013 and against Fla. R. App. P (a)(3) in which is shown on EXHIBIT-REGISTER OF ACTIONS 4/13/2014 and on EXHIBIT-FLORIDA RULES OF APPELLATE PROCEDURES 9.200(a)(3). In fact, if KIM JOHNSON, DEPUTY CLERK CIVIL APPEAL OF THE NINTH JUDICIAL CIRCUIT COURT would have followed this Florida Rule and followed the Letter/Directions To The Clerk, then this said case would have possibility been ruled in the Fifth District Court Of Appeals instead of being sought by the Petitioner/Appellant in The Florida Supreme Court and this shall show as conflict in interest with Fla. R. App. P (a)(3) against the Ninth Judicial Circuit Court. The Conclusion: Main Point in Conclusion: 7

13 If in fact, if the Clerk Of Courts John A. Tomasino, Clerk Supreme Court had that same power to stricken and/or dismiss evidence as a State Court Justice, then why did these Clerk's Of Courts, Colleen M. Reilly, Interim Clerk (prior Clerk of Orange County), Kim Johnson, Deputy Clerk Civil Appeals of Orange County, Florida and Pamela R. Masters, Clerk of Fifth District Court State Of Florida did not denied Circuit Robert M. Evens Order Denying on April 15, 2013 in which is in evidence filed on February 18, 2014 with this said Court and goes against Florida Rule of Family Procedures (f), Florida Rule of Family Procedures (g)(3) and Florida Statutes 61.14, 61.14(7), 751, and 752. In fact, this is why this said Case is in the State Of Florida Supreme Court shown in EXHIBIT-REGISTER OF ACTIONS 4/13/2014 and this is why the lower Tribunal Courts are in the condition, it is in. Because if they followed these Rules and these Statutes and if they would have ruled in the Petitioner's/Appellant's favor in this said Case, this said Case would not reached this far in the Florida Supreme Court and possible to the US Supreme Court. The Petitioner/Appellant at this time is questioning not only the Florida Supreme Court to answer these questions but also the Clerk Of Courts John A. Tomasino, Clerk Supreme Court in this said brief and also in said the Summary Jurisdictional Court Hearing filed on March 13, 2014 in which has not been filed by the Clerk of the Florida Supreme Court John A. Tomasino. 8

14 Date: Signature o arty Printed Name: Jason Hammock Address: 1305 Flewelling Ave City, State, Zip: Ocoee, Fl Cell Phone Number: Appellant, Pro Se In Propria Persona CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing was (X) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on (Date offax:) N/A. {Date mailed:} 04/17/2014. {Certified Mail Number Signature Upon Received:} {Date Hand Delivered:} N/A. Other party Attorney: Robert M. Grguric, Esquire 56 Park Lake Street Orlando, Fl Fax Number: CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing was (X) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {Date offax;) N/A. {Date mailed:) 04/17/2014. {Certified Mail Number Signature Upon Received: {Date Hand Delivered:} N/A. 9

15 John A. Tomasino, Clerk Supreme Court Of Florida 500 South Duval Street Tallahassee, Florida Date: Signature of Party Jason Hammock, Appellant, Pro Se In Propria Persona CERTIFICATE OF TYPE FACE COMPLIANCE I HEREBY CERTIFY that this Answer Brief for Appellant/Petitioner was computer generated using Time New Roman fourteen point font on Microsoft Word, and hereby complies with the font standards as required by Fla.R.App.P for computergenerated briefs. Also double-spaced and within 10 pages as requested by John A. Tomasino, Clerk of the Florida Supreme Court. Jason Hammock 1305 Flewelling Avenue Ocoee, Florida (Cell) (407) Pro Se In Propria Persona 10