IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA. v. CASE NO DR001269XXXNB

Transcription

1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA IN RE: THE MARRIAGE OF JEFFREY P. LAWSON, Petitioner/ Husband, v. CASE NO DR001269XXXNB KATHY ANN GARCIA-LAWSON, Respondent/ Wife. / NOTICE of APPEAL of Two Non-Final Orders Signed and Entered by Judge Richard L. Oftedal On Monday February 8, 2010 and Friday February 19, 2010 Pursuant to Florida Rule 9.130, Fla. R. App. P. Order of February 8, 2010, Denying Motion for Leave to Intervene: NOTICE IS GIVEN that Respondent Kathy Ann Garcia-Lawson, Ph.D., together with Intervenors Rebecca Potter, Mary Riale, Melissa Gillespie, Donna Gioeli, Darin Gioeli, and Charles Edward Lincoln, III, all together appeal hereby to the Florida Fourth District Court of Appeal, seeking immediate appellate judicial review of the [Non-Final] Order Denying Motion For Leave to Intervene rendered on Monday, February 8, 2010 by the Honorable Judge Richard L. Oftedal, which effectively precludes the litigation of constitutional challenges to the Florida statutory scheme for marriage and dissolution from being litigated in his court. The nature of this non-final Order Denying Motion For Leave to Intervene is to deny the Respondent and Interveners their fundamental right to petition by intervention in the above captioned case because of their direct interest in the unique constitutional posture of the case framed by Kathy Ann Garcia-Lawsons. Within the meaning of 9.130(a)(3)(C), this non-final order is appealable because this order either directly concerns, touches upon, or will impact whether, at trial, there exists, as a matter "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' "#$%&'.$,&1'"-'<=3041+>;'.&?03+0>'@A;'@:8:' "

2 of constitutional law: (i) jurisdiction over persons (Kathy Ann Garcia-Lawson and each of the intervenors), (iii) the right to immediate relief in family matters, (vi) whether a class should be certified, (vii) whether as a matter of law, certain individuals may be entitled to qualified immunity, and (viii) that a governmental entity has taken action that has inordinately burdened real property within the meaning of section (6)(a), Florida Statutes. THE COURT S ORDER TO SHOW CAUSE SIGNED FEBRUARY 19, 2010 For all of the same reasons, Respondent Kathy Ann Garcia-Lawson also and further appeals to the District Court of Appeal, Fourth District, Judge Richard L. Oftedal s [Non-Final] Order to Show Cause Why Sanctions Should Not Be Imposed Against Respondent/ Wife for Failure to Comply with Orders Setting Cause for Trial. Jurisdiction to appeal a non-final order to the district court is found in Florida Rule 9.030, Fla. R. App. P., which outlines jurisdiction as authorized by the Florida Supreme Court through the power vested therein by the Florida Constitution: District courts of appeals shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders trial courts They [District court of appeals] may review interlocutory orders in such cases to the extent provided by the rules adopted by the supreme court. See Fla. R. App. P , 1996 comm. notes. While this appeal is pending, the trial court cannot enter a final order disposing of this case. Nor can the trial court enter any order that interferes with the appellate court s authority over the matter pending review. See Philip J. Pavovano, Florida APPELLATE PRACTICE 28.8 (3d ed. 2004). A copy of the Order Denying Motion For Leave to Intervene rendered on February 8, 2010 by the Honorable Judge Richard L. Oftedal is attached to this notice as Exhibit A; A Copy of the February 19, 2010 Order to Show "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' "#$%&'.$,&1'"-'<=3041+>;'.&?03+0>'@A;'@:8:' #

3 Cause is attached as Exhibit B As Respondent Garcia-Lawson and Interveners Charles Edward Lincoln III, Melissa Shepard, Rebecca Potter, Mary Riale, Donna Gioeli and Darin Gioeli seek expedited treatment of appeal, Garcia-Lawson and said Intervenors respectfully request that this Court transmit this file to the Fourth District Court of Appeals immediately, although the full record need not be transmitted under Further this Court should note that an automatic stay in the United States Bankruptcy Court for the Western District of Texas was entered on February 16, 2010 pursuant to 11 U.S.C. 360, so that it would be appear to be at least a constructive or indirect contempt of the U.S. Bankruptcy Court in Texas for Judge Richard L. Oftedal to move forward with any aspect of this case. Thursday, Thursday, Respectfully submitted, By: Dr. Kathy Ann Garcia-Lawson, Ph.D., Respondent pro se 2620 Nature s Way Palm Beach Gardens, Florida Telephone: ; Facsimile: garcialawson@hotmail.com Rebecca Potter, Intervenor, in propia persona, pro se 1417 MICHIGAN DRIVE LAKE WORTH, FLORIDA Telephone: (561) ; Facsimile: (561) Tlc211@gmail.com "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' "#$%&'.$,&1'"-'<=3041+>;'.&?03+0>'@A;'@:8:' $

4 Thursday, Mary Riale, Intervenor, in propia persona, pro se 1605 South US Hwy #1, Sealofters 16A Jupiter, Florida Telephone: (561) ; Facsimile: (561) Thursday Melissa Gillespie, Intervenor, in propia persona Glenmoor Drive West Palm Beach, Florida Telephone: (818) ; Facsimile: (561) Thursday Donna Gioeli, Intervenor, in propia persona, pro se th Terrace, Palm Beach Gardens, Florida Telephone: (561) TFCafe@aol.com Thursday By: Darin Gioeli, Intervenor, in propia persona, pro se th Terrace, Palm Beach Gardens, Florida Telephone: (561) TFCafe@aol.com "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' "#$%&'.$,&1'"-'<=3041+>;'.&?03+0>'@A;'@:8:' %

5 Thursday By: Charles Edward Lincoln, III, Intervenor, pro se, pro per 2620 Nature s Way, Palm Beach Gardens, Florida Telephone: (512) ; Facsimile: (561) lincoln_for_california@rocketmail.com CERTIFICATE OF FILING AND SERVICE I, the undersigned Respondent Kathy Ann Garcia-Lawson, do HEREBY CERTIFY that I filed an original signed copy of the above-and-foregoing NOTICE of APPEAL of Non Final Order Pursuant to Florida Rule 9.130, Fla. R. App. P. with the Palm Beach County Clerk of the Fifteenth Judicial Circuit Court and simultaneously served a true and correct copy of the same on each of the following known parties to the above entitled and numbered cause as follows: Clerk of 15 th Judicial Circuit Court, Palm Beach County Palm Beach County Courthouse North County Courthouse 3188 PGA Boulevard Palm Beach Gardens, Florida Mr. Jeffrey P. Lawson c/o Steve Marchildon 113 Ashley Court Jupiter, Florida Respectfully signed, served, and submitted to the Courts on Thursday, February 25, 2010, in Palm Beach Gardens, Florida By: Dr. Kathy Ann Garcia-Lawson, Ph.D., pro se 2620 Nature s Way Palm Beach Gardens, Florida Telephone: Facsimile: garcialawson@hotmail.com "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' "#$%&'.$,&1'"-'<=3041+>;'.&?03+0>'@A;'@:8:' &

6 Exhibit A: Order Denying Motion For Leave To Intervene rendered on February 8, 2010 by the Honorable Judge Richard L. Oftedal "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' '

7 Exhibit B: Order to Show Cause Why Sanctions Should Not be Imposed Against Respondent Wife for Failure to Comply with Order Setting Case for Trial February 19, 2010 by the Honorable Judge Richard L. Oftedal "#$%&'"(')**&+,'"('"-'.$-+,'/01&0' #'#"'.,"0$1+'53,&'6789:;'.,+7'57')**7'27' (