A_C_KNOWLEDGMEN. January 25, RE: TAMA TWYNETTE (A/K/A) vs. DRI-VELT, INC., ETC.

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1 THOMAsD. HALL CLERK SUSAN DAVIS MORLEY CHIEF DEPUTY CLERK KRYS GODWIN STAFF ATTORNEY Supreme ottrt of florma Office of the Clerk 500 South Duval Street Tallahassee, Florida PHONE NUMBER (850) A_C_KNOWLEDGMEN January 25, 2013 RE: TAMA TWYNETTE (A/K/A) vs. DRI-VELT, INC., ETC. MATTIE LOMAX oaser T b naercasecl ber(s): 3D , AP, CC Lower Tribunal Filing Date: 1/3/2013 The Florida Supreme Court has received the following documents reflecting a filing date of 1/8/2013. Notice to Invoke Discretionary Jurisdiction The Florida Supreme Court's case number mustabe utinzed on a pleadings andy AN correspondence fi d in thi ause Mo eover,rney's FLORIDA BAR NUMBER. FOORAGOS 0, PL A E SORMATICON ARK SADMINIS TIVE ORDER tg cc: TAMA TWYNETTE DOUGLAS DAVID STRATTON HON. MARY CAY BLANKS, CLERK

2 IN THE SUPREME COURT OF FLORIDA CASE NO. SC13-63 Consolidated c Lower Tribunal No(s) 3D CC cv DLG CA 02 TAMA TWYNETTE A/K/A, MATTIE LOMAX, Petitioner, vs. DRI-VELT, INC., ETC., Respondent/Appellee. PETITIONER'S JURISDICTIONAL BRIEF ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT MATTIE LOMAX, In Proper per P.O. Box Miami, Florida Telephone No: (305)

3 TABLE OF CONTENTS PAGE TABLE OF AUTHORITIES...ii INTRODUCTION...iii STATEMENT OF THE CASE AND FACTS...1 SUMMARY OF THE ARGUMENT...4 ARGUMENT...5 THIS COURT HAS JURISDICTION TO REVIEW THE DISTRICT COURT'S DECISION, WHICH CITES A CASE IN WHICH THIS COURT HAS GRANTED REVIEW CONCLUSION...8 CERTIFICATE OF SERVICE...9 CERTIFICATE OF COMPLIANCE

4 TABLE OF AUTHORITIES CASES PAGE Dishonesty. Fla. Bar v. Patrick, 67 So. 3d 1009 (Fla. 2011)...4 Fla. Bar v. Hall, 49 So. 3d 1254 (Fla. 2010)...4 Destafano v. State Farm Mutual Automobile Insurance Co., 28 Fla. L. Weekly D1077 (Fla. 1st DCA April 28, 2003)...6 Long v. Swofford, 805 So. 2d 882 (Fla. 3d DCA 2003),...6 Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998)...7 Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)...7 Kornblum v. Schneider, 609 So. 2d 138, 139 (Fla. 4th DCA 1992)...7 Florida Statutes FRLTA section 83.49(3)...3 Florida Statute ,8 Florida Statute ,8 Florida Bar Rule 4-8.4(c)...4 Florida Rule of Appellate Procedure

5 STATEMENT OF FACTS AND THE CASE MS. TWYNETTE resided as a tenant from December 1, 2005 thought March 30, 2006 at 1474 NW 68* Street, Miami, Florida (Dad- County). On November MS. TWYNETTE met with MR. ROOSEVELT at the above addresses and stated that she was interest in renting the apartment house. In addition she ask how much the rent was? MR. ROOSEVELT stated the rent was $ a month that she only pay for the first month rent. MS. TWYNETTE paid $ in advance Under FRLTA, section 83.49(3) with the understanding that she will not moving in the apartment house until December 1, MR. ROOSEVELT stated OK and received the cash money from MS. TWYNETTE, she wrote out the receipt and give MR. ROOSEVELT receipt book back. Under the Uniform Act, offers support for the theory that FRLTA section governs advance rents in the same way it governs security. On Sunday December 2, 2005, MR. ROOSEVELT arrived to MS. TWYNETTE resident, she was out side in the back of her apartment house. She stated that there was a problem with the water because the water was coming out of the pippin in the back room closet, MR. ROOSEVELT stated that he would send someone to fix the problem. On Monday December 3, 2005, MR. ROOSEVELT sent a 1

6 worker to MS. TWYNETTE resident to repair the broken pippin. The worker, ROBERT, along with other men. The two men's were in and out of MS. TWYNETTE apartment pertaining to repair the broken Pippin. These actions went on for a week, every day ROBERT would come to MS. TWYNETTE resident early in the morning and would not leaven until 5: 00 pm., bringing other men's back with him. MS. TWYNETTE called MR. ROOSEVELT and ask why was his worker bringing differ men's to her house. He stated that we are not going to get along. MS. TWYNETTE, stated that she just moved in and Why not we were not going to get along. He would change the subject. Finally, MS. TWYNETTE stated to ROBERT that she knew of a Plumber that would repair the broken pippin. MR. ROOSEVELT worker was unskilled in repairing the broken pippin. On January 3, 2006, Miami-Dade water and sewer came to MS. TWYNETTE resident and removed the water meter from the ground in front of the property, She called the housing authouty and the water was back on January 4, 2006 but still no nmning water in side of her apartment. MS. TWYNETTE paid $ and MR. ROOSEVELT paid $ for the repair bill because MR. ROOSEVELT stated that he Did not have the full amount of money to pay for the repair of the 2

7 broking pippin. The water was repaired on January 6, On January 30, 2006 MR. ROOSEVELT arrived at MS. TWYNETTE apartment, early morning with out notice. MS. TWYNETTE opens the door and let MR. ROOSEVELT in, believing that he was coming to check on the work inside the apartment. MR. ROOSEVELT came in and Both of use was standing in the kitchen looking toward the cabinets, MR. ROOSEVELT, all of a sudden stated, this is my house. MS. TWYNETTE file threaten and call the police. Upon the police arrival and two individuals interested in buying the house were also there. MR. ROOSEVELT stated to the police that she was not paying rent. On February 7, 2006, MS. TWYNETTE received a letter from MR. ROOSEVELT Attorney stating the rent money that MS. TWYNETTE paid on November 28, 2005 was for January and that she forgot to pay rent. MR. ROOSEVELT actions were base on sexual harassment stalking because MS. TWYNETTE would not submit to MR. ROOSEVELT customer that ROBERT his worker was bringing differ men's to MS. TWYNETTE Apartment house. MS. TWYNETTE provided labor and materials for the apartment house to beautify the property and MR. ROOSEVELT sold the apartment house with out notice. 3

8 SUMMARY OF ARGUMENT This court has jurisdiction to review the district court's decision. Controlling Florida Statute Sexual harassment is caused when a Person has to endure unwanted attention. That can affect the victim both Mentally and physically, and made by various individuals or agencies. The conduct of the respondent cant not be an isolated incident. Evidence disproving other evidence previously given or re-establishing the Believability of challenged evidence. Under Florida Statute , anyone who willfully, maliciously and Repeatedly follows, harasses or cyber stalks another person is guilty of Stalking. Harass is defined as conduct directed at a specific person that Causes substantial emotional distress and serves no legitimate purpose. Further, Respondent violated rule 4-8.4(c), which case law recognizes as a serious violation of the Rules Regulating the Florida Bar. The Court has firmly stated that the legal profession cannot tolerate misconduct involving Dishonesty. Fla. Bar v. Patrick, 67 So. 3d 1009 (Fla. 2011); Fla. Bar v. Hall, 49 So. 3d 1254 (Fla. 2010). Based on the foregoing facts, authorities and arguments, petitioner respectfully requests this Court to exercise its discretionary jurisdiction to review the decision of the Third District Court of Appeal. 4

9 ARGUMENT The Jurisdiction of the district or appropriate housing court of this state shall exercise jurisdiction in both law and equity over any landlord or tenant with respect to any conduct in this state governed by chapter 83 F.S. or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by Statute, personal jurisdiction over a landlord or tenant may be acquired in a civil action or proceeding commenced in the court. The Supreme Court offlorid have jurisdiction in landlord a tenant case if the interrupting or causing the interruption of running water, or other essential service occurred. The tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three (3) months periodic rent or threefold the actual damages sustained by him or her, whichever is greater, and reasonable attorney's fees. If the rental agreement is terminated by the landlord shall return all security or recoverable of labor and maternal to the tenant. Court and shall be referred to in this Brief as TWYNETTE. Florida Rule of Appellate Procedure permits the exercise of discretionary jurisdiction when a decision of a district court of appeal expressly and directly conflicts with a decision of another district court of 5

10 appeal or ofthe Supreme Court on the same question of law. The Third District Court of Appeal's Opinion rendered on September 11, 2007, expressly and directly conflicted with the rules of the Florida Bar and the code of ethical behavior for attorneys in which the Supreme Court has ultimate jurisdiction. Recent decisions, including Destafano v. State Farm Mutual Automobile Insurance Co., 28 Fla. L. Weekly D1077 (Fla. 1st DCA April 28, 2003), and Long v. Swofford, 805 So. 2d 882 (Fla. 3d DCA 2003), have been more favorably disposed to affirm dismissals with prejudice for serious, palpable "fraud on the court." Of course, therein lies the rub. What precisely is "fraud on the court"? When is conduct sufficiently egregious to distinguish it from arguable forgetfulness or misunderstanding? How much bad conduct is enough? Does one terrible and indisputable lie about a fact central to the case suffice? What about a whole series of lies which make it difficult for the opposing party to ferret out the true facts but, in the end, fail to succeed only because ofthe diligence and perseverance of opposing counsel, or because the offending litigant, despite being willful, was inept? What if the misconduct is entirely procedural, involving repeated deliberate attempts to obstruct discovery by failing to comply with court orders? There are no simple answers to these questions, nor can there be. Each case must be assessed and adjudicated according to its own unique facts. 6

11 The basic standards governing fraud on the court are reasonably straightforward. As set forth in Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998): The requisite fraud on the court occurs where "it can be demonstrated, clearly and convincingly, that a party has sentimentally set in motion some unconscionable scheme calculated to interfere with the judicial system's ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party's claim or defense." Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989). The trial court has the inherent authority, within the exercise of sound judicial discretion, to dismiss an action when a plaintiff has perpetrated a fraud on the court, or where a party refuses to comply with court orders. Kornblum v. Schneider, 609 So. 2d 138, 139 (Fla. 4th DCA 1992). A eviction, whether actual or constructive must be wrongful or unlawful in order to be actionable. 7

12 CONCLUSION Petitioner respectfully submits that this Honorable Court has discretionaryjurisdiction over the instant case on three (3) separate grounds. First, the Third District Court of Appeal closed case. Hence, discretionary jurisdiction is provided under the "Florida State Statute, in addition, chap. 83 of Landlord and tenant relation. Second, the United States District Court remand to State Court in which County court striken Petitioner pleadings. based on its two (2) cited opinions, expressly declared valid a Florida State Statute, S , Fla. Stat. (1993). And finally, based on the two opinions cited, the Fourth District interpreted the First and Fourteenth Amendments to the United States Constitution, which this Court has discretionaryjurisdiction to review 8

13 GERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to the Office of the Attorney Douglas D. Stratton & Associates, P.A. 407 Lincoln Road, Suite 2A, Miami Beach, FL 33139, on this day of February, 2013, B 1 TTIE LOMAi, In Proper per P.O. Box Miami, Florida Telephone No: (305)

14 GERTIFICATION OF FONT Undersigned counsel certifies that the font used in this brief is 14 point Proportionately spaced Times Roman. BY: ó7tca; ATTIE LOMAX, PRØ'SE 10