|Lesson 2 Lies on Top of Lies|
Once a VOID Order is buried in the court records, who ever knows or questions it? Who is there to expose it as VOID? And, if no one ever exposes it as VOID, it becomes “accepted” by both parties, as if by silent agreement! It is LAW that a VOID Order cannot be declared valid. Once VOID, always VOID.
Because the 1995 Order was so obviously biased, because the Order caused further harm, and because evidence of fraud by one of the litigants surfaced, this litigant continued to pursue her legal rights. Not because she knew the 1995 Order was VOID (she didn’t know that VOID orders even existed), but because of the specified fraud and other injustices. Eventually, she learned about this guarded secret in our court system…….VOID Orders.
Upon realizing that the 1995 Order by Judge Robert E. Flournoy, Jr. had to be VOID, she filed a new civil action of declaratory judgment in October of 1999. The purpose of the 1999 lawsuit was to have the 1995 VOID Order declared VOID. As plaintiff in the new civil action, she necessarily pled her own case, pro se. Why? Trusted attorneys advised her to do so. And, it had become evident that any attorney who sided with the plaintiff would be committing professional suicide. (One does not openly question a judge’s conduct and expect to then be on good terms with that judge.) By profession, the plaintiff is a researcher; so she studied and learned the law, as it was unfolding before her.
Immediately after the declaratory judgment lawsuit was filed in Cobb County Superior Court, the assigned judge, the Honorable Michael Stoddard, recused himself. Actually, this is a no-brainer, because he was one of the defendant parties. It would be an obvious travesty of justice for one of the defendants to also be the judge. But, he then improperly directed the case to another superior court judge of the same circuit (in violation of statutory law and Judicial Qualifications Commission ruling). The second judge, the Honorable Kenneth O. Nix, then held the case, barring legal discovery for the entire time period allowed, then recused himself “due to bias and prejudice.”
However, Judge Nix then “recanted” his recusal by participating in a joint appeal for help from a specific senior judge, the Honorable Rufe E. McCombs. Not only was this blatant judge-shopping, but it was done behind the scenes, in a manner that purposely denied the plaintiff knowledge of the orders or the judge assignment. Only by chance and persistence did the plaintiff learn about the assignment of the senior judge.
Plaintiff immediately sought the senior judge’s disqualification. But, Judge McCombs literally took jurisdiction (again, in violation of statutory law), and then, through a series of pre-trial orders, dismissed each of the defendant parties. The irony here is that Judge McCombs failed to file the Orders in the proper sequence, causing the Orders to also be VOID. She had actually commenced the hearings prior to her supposed jurisdiction. By the time it got to the appellate courts on appeal, there were Orders and legal actions by more than ten (10) judges, all of them faulty on statutory grounds and fraught with Constitutional violations.
In the Georgia Supreme Court’s own summary of the appeal, it was made to appear that the case had no merit. The appearance was intentional by the Georgia Supreme Court. Look a bit closer and see how and why the high court of Georgia dismissed this case. And, if you agree that the action to dismiss appears illogical or “fishy,” a wise and prudent person would seek to identify the motive. At that point, it will all start to unravel, revealing the numerous Constitutional violations. This is clear and evident cover-up of what has happened in the lower court, the Superior Court of Cobb County.
Because of the appellate procedure in Georgia, the plaintiff filed appeals with both high courts. These appeals were not duplicative, but met the qualifications for the different methods of appeal. The result was that the two high (appellate) courts of Georgia ruled in conflict of each other!
To understand how this is even possible, it is necessary to understand the appellate process in Georgia. There are basically three types of appeals:
- Interlocutory – A “partial” Order, does not dispense with the entire case, but may be of such importance that appeal, prior to further action in the case, is necessary. This requires that the lower court judge provide a certificate stating that it needs immediate review.
- Discretionary – The Court has discretionary power whether to even consider the appeal. (Divorce cases fall in this category.)
- Direct – Usually as the result of a FINAL judgment, after the case is finalized in the lower court. The appellate court supposedly has no choice but to act on the merits of the appeal. (But watch out for their own Supreme Court Rule 59!)
Plaintiff/Appellant obtained the necessary Certificate of Immediate Review from Senior Judge Rufe E. McCombs and filed all three types of appeals in an attempt to complete due diligence.
First, the Court of Appeals ruled that Plaintiff (now called Appellant) could not file an INTERLOCUTORY appeal because she was entitled to a DIRECT appeal. Crossing paths in the mail with this Order, Appellant’s DISCRETIONARY appeal was then refused by the Court of Appeals Clerk because it should have been a DIRECT appeal.
However, after filing the DIRECT appeal with the Georgia Supreme Court (docketed June 26), the Supreme Court ruled to DISMISS the appeal because Appellant should have filed a DISCRETIONARY appeal, not a DIRECT appeal. This ruling was suspect on other grounds, for after filing the DIRECT appeal, Appellant had 20 days before her Brief was due to the Clerk. Appellant properly filed her Brief on July 16, 2001. However, on July 17, she received the Dismissal Order from the Supreme Court, dated July 16, 2001. They had ruled without benefit of the Brief, a violation of due process.
Allowing for possible error by the court, Appellant filed a Motion for Reconsideration, Motion for Stay of Remittitur, and Motion to Correct Clerical Errors in Brief of Appellant, Appendix B.01.07.23a with attached exhibits:
A: The Order of the Supreme Court Appendix B.01.07.12a
B: The Order of the Court of Appeals Appendix B.01.04.06a
C: Appellant’s First Amended Brief in Support of Direct Appeal Appendix B.01.07.23b
It is important to note that the Court of Appeals and the Supreme Court were clearly in conflict on a procedural issue, leaving the litigant in a no man’s land. Although the Court of Appeals ruled according to the Law, the Georgia Supreme Court dismissed the appeal on intentionally misleading grounds. The Supreme Court erroneously identified the case as a “divorce action” and consequently claimed it required discretionary appeal. But, the case is NOT a divorce action. It is a “declaratory judgment” case and properly is entitled to direct appeal.
Why on earth would they make such an obvious and misleading error?
The answer is simple: because they were caught between a rock and a hard place! Their only possible legal ruling on appeal would have been to recognize all previous orders as VOID ab initio. But, they couldn’t do that without exposing the judicial misconduct of every judge who had acted in the cases. And, at the root of the whole mess was the original Superior Court judge, who is now a lifetime Senior Judge in the State of Georgia and a longtime personal friend of Governor Roy Barnes.
Basically, the Georgia Supreme Court must have realized that all previous orders were VOID. So, they participated in burying all of the previous VOID orders in order to cover up what ALL of the judges had done…………judicial misconduct and abuse of power.
Even the Motion for Reconsideration didn’t convince the Georgia Supreme Court to act according to the law. The U.S. postal service return receipt shows that the Court received Appellant’s Motion for Reconsideration and Motion to Stay Remittitur on July 25, 2001. On July 26, 2001, the Court DENIED both motions without explanation or reason. Georgia Supreme Court rules actually bar a litigant from making a second request for reconsideration.
Why would the GA Supreme Court panic and dismiss this case PRIOR to considering the merits? They couldn’t rule that an order was valid when it was actually VOID, but yet they couldn’t expose the VOID orders. So, they had toavoid the merits altogether. They chose to dismiss, as a method of avoidance. Perhaps they thought they would be able to claim straightforward error later, no harm done. But, the dismissal simply made the conspiracy even more obvious.
In the related case of Mandamus, this Plaintiff/Appellant told the GA Supreme Court:
“It is a principal of human nature that if you tell a lie, it will probably need another lie to cover up the first, and then another lie to yet cover up the next……leading to a whole string of lies. Before you know it, the unraveling of each lie becomes the most painful part, even more than correcting the original untruth.”
The dismissals in this particular case are simply more lies that must be perpetuated by the Georgia Judicial System in order to cover up the original lies committed by the Superior Court of Cobb County.
This is clearly illegal, immoral, and unethical behavior by the members of the esteemed Georgia Judiciary. The citizens of Georgia deserve better. This citizen is speaking out, not just for herself, but for all future litigants in the State of Georgia. The justice system is out of control and there is NO effective watchdog.