Tuesday, 8 August 2017

APPELLANT’S PARTIAL RESPONSE TO SHOW CAUSE ORDER AND REQUEST FOR A FURTHER EXTENSION OF TIME

"IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

3. For historical context, this Court’s July 19, 2017 Order to Show Cause seeking to
fundamentally deny and take away Appellant’s rights to be heard fairly on Appeal
was issued within days of Federal Investigators, FBI offices, the DOJ Civil Rights
Division Chief and a US Attorney’s Office receiving signed statements by my two
adult sons Josh and Jake Bernstein regarding the illegal and predatory use of a
“Guardianship ad litem” against my children to further and facilitate a scheme and
pattern of crimes and frauds upon the Courts and a pattern and scheme of
Violations of Statutory requirements regarding the Trusts and Estates of my
deceased parents Simon and Shirley Bernstein and trusts set up for my children by
my parents.

4.   The very issuance of this Order to Show Cause in the context of the Appeals and
Records on Appeal herein and threat to take away my rights on Appeal is sufficient
grounds to establish an objectively reasonable belief that a fair trial can not be
obtained by the entire 4th DCA panel as there is overwhelming Appearance of
Impropriety justifying a motion for mandatory Disqualification under law and
Transfer of this and all cases to a US Constitutionally proper neutral and
independent panel.

5.   Respectfully, while this Court’s Order is “framed” and “worded” such as to paint
myself in a false light, an objective reviewer “looking beyond” the mere words and
labels used by this 4th District Court of Appeals panel of “meritless”, “improper”
, “and has abused the court system” will quickly see the pattern and practice of this
4th DCA abdicating all Judicial responsibility and mandatory obligations even
beginning with the first case mentioned 4D 15-3849 when this Court struck as
unauthorized on Dec. 17, 2015 Appellant’s filing which properly placed before this
Court the False and Misleading conduct of licensed attorney Alan Rose and Steven
Lessne who were knowingly and falsely misquoting a Federal Court Order from
New York.

6. Yet, instead of performing mandatory duties to refer the Florida Bar licensed
attorneys Alan Rose and Steven Lessne’s conduct for Investigation, this Court
instead struck the filing which was filed in the context of an All Writs Petition
beginning at the Florida Supreme Court regarding what should have been the
mandatory Disqualification of Judge Martin Colin and the vacating of his Orders.

7. In fact, what a US Constitutionally proper independent and neutral panel and
reviewer would see is that this 4th DCA for ALL of the cases cited therein either
issued a Per Curiam Affirmance or Decision with No opinion, no discussion, no
analysis of law to facts despite the fact that the 4th DCA itself has repeatedly
violated Statutory procedures, statutory rules, Florida Supreme Court case law, the
4th DCA’s own case law and other longstanding cases of the other District Courts
yet this 4th DCA has acted in this systematic manner as to “escape and prevent”
proper review and due process.

8.    This Court’s illegal pattern and practice of using Per Curiam Affirmances and no
written Decision Orders with no Judges name to further and coverup frauds upon
the Court, substantive due process violations under the US Constitution and direct
criminality in the 15th Judicial are continuing acts outside and in excess of
jurisdiction and using the Courts as a further instrumentality of criminal conduct
despite this Court having mandatory obligations under law to address frauds upon
the Court and report misconduct and effectively regulate the Bar and Practicing
Attorneys in Florida.

9.   As the Florida Supreme Court said in 5-H CORP. v. Padovano Annotate this Case
708 So. 2d 244 (1997), “All Florida judges are, first and foremost, attorneys and
members of The Florida Bar. See generally art. V, § 8, Fla. Const. As such, Florida
judges, just like every other Florida attorney, have an obligation to maintain the
integrity of the legal profession and report to The Florida Bar any professional
misconduct of a fellow attorney. See R. Regulating Fla. Bar 4-8.3(a). This
obligation is reiterated in the Florida Code of Judicial Conduct, which explicitly
provides that "[a] judge who receives information or has actual knowledge that
substantial likelihood exists that a lawyer has committed a violation of the Rules
Regulating The Florida Bar shall take appropriate action." Fla.Code Jud. Conduct,
Canon 3D(2).[6] The Florida Code of Judicial Conduct further mandates that
judges "should participate in establishing, maintaining, and enforcing high
standards of conduct," "shall require order and decorum in proceedings before the
judge," and shall require lawyers subject to their direction and control to be
"patient, dignified, and courteous." Fla.Code Jud. Conduct, Canons 1, 3B(3),
3B(4).”

10.    This Court’s systematic denial of these obligations and actions to instead falsely
turn its powers to sanction myself as Appellant under the facts and Records of
these related cases again creates an objectively reasonable fear that Appellant can
not receive a fair trial before the 4th DCA and thus this Court must Disqualify the
entire Panel and Transfer all cases to a new US Constitutionally proper panel.

11.    Because there are over 9 cases in issue here and substantial records to review and
it takes substantial time to Specifically detail the Frauds and misconduct
disregarded by this Court in each case and because of Appellant’s medical
Treatment and condition, Appellant submits this partial response and seeks further
extension of time to fully and properly submit a detailed list of Errors, Frauds
disregarded, statutory violations disregarded, Florida Supreme Court cases
disregarded, 4th DCA cases disregarded and other uses of this Court as an
Instrumentality of Crime and coverup.

12.    Appellant raises as a US Constitutional due process matter the impropriety of such
practices designed to avoid Florida Supreme Court review and “whitewash” the
fraud and further raise a US Constitutional challenge to the 1980s Amendment and
laws that restricted the Florida Supreme Court jurisdiction as Appellant reasonably
believes the People, citizens and voters did not “Vote” for an Amendment to be
used as an Instrumentality of Crime and fraud.

13.   Appellant asserts that the coverup of frauds and use of the Courts as
instrumentality of crime between the 4th DCA and 15th Judicial Courts is at such a
level as to be a US Constitutional due process problem justifying Federal
intervention and oversight.

14.   To further establish the historical context of this Court’s action in Ordering the
Show Cause on July 19, 2017 designed to silence Appellant’s rights and discredit
Appellant falsely, again this came in context of desperate actions by Ted Bernstein,
Alan Rose and related parties including Brian O’Connell of the Ciklin, O’Connell
law firm acting as current PR of the Simon Bernstein Estate trying to “rush
through” illegal Settlements in State and Federal Court as the frauds are quickly
unraveling and massive fraud shown to Federal investigators by my two Sons
signed letters which are attached as Exhibit 1.

15. All of this comes just a week or so before a Federal Jury in US District Court
found the same Brian O’Connell and Ciklin law firm guilty of a $16 Million
Breach of Fiduciary verdict which the Palm Beach Post has described as a
“Landmark” verdict.  See, http://www.mypalmbeachpost.com/news/jury-hitslawyers-
with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/

16. Appellant has made and been making similar claims of misconduct and breach of
fiduciary duty and fraud against the same Brian O’Connell in some of the related
cases herein where his Partner Ciklin has at all times herein been the brother of
Chief Judge Ciklin of this 4th DCA Panel who only recently has been voted out as
Chief Judge.

17.   Appellant needs additional time to delineate all the Conflicts of Interests in the
various related cases due to the involvement of former Chief Judge Ciklin herein
who had to recuse off two appeal cases in these matters after making rulings in the
cases involving his former firm and only revealing the conflict after request was
made to unmask the Judges on the Orders in these matters.

....

19.   Appellant further has received additional filings from Alan Rose for Ted Bernstein
still continuing to further frauds in the 15th Judicial.

20.   Appellant’s motion is therefore made in good faith and upon a reasonable basis."

Click Below for Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiT041eG9sa0FmdnM/view?usp=sharing

Why is Judge Rosemarie Scher not had all these guys disbarred, investigated, and REMOVED from harming beneficiaries VICTIMS in her court?

At this time, July 2016, who was Robert Spallina's client, whose wishes was Robert Spallina honoring?  Was it Ted Bernstein? Who later Spallina and Tescher appointed ?

The Same Ted Bernstein that recently claimed to have made a "Favorable Settlement" with Tescher and Spallina law firm allegedly due to the Actions of Alan Rose and himself.   Click Here for that

So the Client wants the Deceased to add a paragraph to a Trust to Ted Bernstein's benefit as stated Below in the Florida Bar Petition for Revocation: "added a paragraph to his client's Trust Amendment after the client was deceased in an effort to comply with the client's wishes".

The client is Ted, and when Spallina and Tescher are caught with Fraud and Forgery they appoint Ted, the guy that benefited from their Forgery as Trustee? Ted then sells property that was in an Irrevocable Trust THAT CANNOT BE REVOKED. And gives the Heirs of that Irrevocable Trust NOTHING as he is appointed in charge by the law firm that admitted Forging the Deceased signature to close the estate? 5 years later and still in the Florida Probate Courts, and Ted Bernstein is still Trustee, enabled by his attorney Alan Rose and a seemingly corrupt PR Brian O'Connell.

Deceased Closing Trust Documents? 

Yep and this Case is still going on in Judge Rosemarie Scher's court and TED Bernstein is still Trustee, and all the same "Bad Guys" are STILL involved.

Where is the State and Federal Authorities?

Below is the Revocation filing for Robert Spallina, Florida State Bar

"B. The Florida Bar File No. 2014-50,885{15E)
1. Petitiorier added a paragraph to his client's Trust Amendment
after the client was deceased in an effort to comply with the
client's wishes.

2. The Trust Amendment was presented to the Court by another
attorney at which point Petitioner admitted to his wrongdoing."

Source
http://www4.floridabar.org/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/2216B13604B68179852580500009786D/$FILE/_43.PDF

Guys walks into a Court, closes out a Multi-Million Dollar Estate.  Problem is the Guy is Deceased. 

"THE COURT: So final disposition and the
 order got entered that Simon, your father ‐‐

21 MR. ELIOT BERNSTEIN: Yes, sir.

22 THE COURT: ‐‐ he came to court and said I
23 want to be discharged, my wife's estate is
24 closed and fully administered.

25 MR. ELIOT BERNSTEIN: No. I think it
1 happened after ‐‐

THE COURT: No, I'm looking at it.

3 MR. ELIOT BERNSTEIN: What date did that
4 happen?

THE COURT: January 3, 2013.

6 MR. ELIOT BERNSTEIN: He was dead.

MR. MANCERI: That's when the order was
8 signed, yes, your Honor.

9 THE COURT: He filed it, physically came
10 to court.

11 MR. ELIOT BERNSTEIN: Oh.

12 THE COURT: So let me see when he actually
13 filed it and signed the paperwork. November.
14 What date did your dad die?

15 MR. ELIOT BERNSTEIN: September. It's
16 hard to get through. He does a lot of things
17 when he's dead.

18 THE COURT: I have all of these waivers by
19 Simon in November. He tells me Simon was dead
20 at the time.

21 MR. MANCERI: Simon was dead at the time,
22 your Honor. The waivers that you're talking
23 about are waivers from the beneficiaries, I
24 believe.

25 THE COURT: No, it's waivers of
1 accountings.

2 MR. MANCERI: Right, by the beneficiaries.

3 THE COURT: Discharge waiver of service of
4 discharge by Simon, Simon asked that he not
5 have to serve the petition for discharge.

6 MR. MANCERI: Right, that was in his
7 petition. When was the petition served?
8 THE COURT: November 21st.

9 MR. SPALLINA: Yeah, it was after his date
10 of death.

11 THE COURT: Well, how could that happen
12 legally? How could Simon ‐‐

13 MR. MANCERI: Who signed that?

14 THE COURT: ‐‐ ask to close and not serve
15 a petition after he's dead?  "

Click to Read Full Hearing Transcript and source of above quote, the above starts on page 14
https://drive.google.com/file/d/0Bzn2NurXrSkiV2tXc1RlUTFTc3M/view?usp=sharing


"wife estate closed" By a Deceased man. There was Millions in personal property, as well as Condo and Residence as seen in the eMail below, that were in the "wife's" IRREVOCABLE TRUST. Which is a TRUST THAT CANNOT BE REVOKED. Not even by a Dead Guy.

There was an IRREVOCABLE TRUST. There were 3 Heirs (NOT Ted, NOT Pam) Robert Spallina, the Tescher and Spallina Law Firm Forged documents that closed this Trust, by signing a dead man's signature. This enabled Ted Bernstein to steal millions in Real Estate and Assets


Email Exchange after Simon Bernstein Died, From Spallina to Ted Bernstein. 

Ted knew that the Condo and the Home were in Shirley's Trust, of which he had no rights to nor was he a Trustee. The damage Robert Spallina did to the REAL BENEFICIARIES is still being allowed to proceed, now in Judge Rosemarie Scher's Court.

Where is the "favorable settlement" from the Tescher and Spallina Law Firm for the actual beneficiaries of the Shirley Bernstein  IRREVOCABLE TRUST? Of which no "favorable settlement" of any kind should benefit Ted Bernstein and Pam Simon as has been proven, documented as TRUE FACT on this blog many times. (Pre-Deceased FOR ALL REASONS)


Click Below to Read Email
http://www.iviewit.tv/Simon%20and%20Shirley%20Estate/20120914%20Spallina%20Tescher%20Ted%20Greenberg%20Traurig%20Swergold%20Day%20After%20Simon%20Dies.pdf




More Research Links on this Topic


Pam Simon knew she was Disinherited, as she was already given so much
https://drive.google.com/file/d/0Bx6YBzmZMvbVNWI1aGpEWEk2ME0/view

Ted Bernstein knew he was Disinherited, and had a tantrum about it as seen below
http://tedbernsteinreport.blogspot.com/2017/07/ted-bernstein-communicating-with.html


http://tedbernsteinreport.blogspot.com/2016/01/no-steps-as-trustee-of-multi-million.html

http://tedbernsteinreport.blogspot.com/2016/03/judge-john-robert-blakey-order-based-on.html

Friday, 4 August 2017

Jury’s $16,400,000 verdict award against Brian O’Connell and Ashley Crispin of Ciklin Lubitz & O’Connell. “through the jury verdict, it appears the people of south Florida demand accountability from the lawyers (and guardians) appointed by the legal system to represent the interests, and protect the assets, of its incapacitated citizens.”

"Florida: Jury awards $16.4 Million against guardianship attorneys

"On Friday, July 28, 2017, a unanimous jury in the U. S. District Court, West Palm Beach Courthouse, awarded $16,400,000 to the Estate of Oliver Wilson Bivins, Sr., and against West Palm Beach guardianship attorneys, Brian O’Connell and Brian O’Connell of the Ciklin Lubitz & O’Connell law firm. 

The hotly contested two-week jury trial was handled by BBLF partners Ron Denman, Chuck Bavol and Grant Kindrick.

The jury found that attorneys Brian O’Connell and Ashley Crispin had breached both their professional and fiduciary duties to Oliver Wilson Bivins, Sr., an incapacitated ward of the State of Florida. 

The complaint against Brian O’Connell and Ashley Crispin and their law firm, Ciklin Lubitz & O’Connell, alleged that they engaged in actions that increased their own attorneys’ fees to the detriment of Mr. Bivins’ guardianship estate.

In the federal lawsuit filed by his son, Julian Bivins, in his capacity as personal representative of the Estate of Oliver Bivins, Sr., lawyers for the Estate argued during the trial that guardianship attorneys Brian O’Connell and Ashley Crispin, litigated to keep Mr. Bivins located in Florida and to prevent him from returning to his decades old home in Amarillo, Texas, in order to maintain control over the Florida guardianship so they could generate legal fees. 

Attorneys for the Estate argued that throughout the four-year guardianship, Brian O’Connell, Ashley Crispin and the Ciklin Lubitz & O’Connell law firm charged Mr. Bivins’ guardianship estate over $1,000,000 in legal fees while liquidating real estate assets at values detrimental to the estate and entered into self-serving agreements with third parties that failed to serve the best interests of the guardianship estate.
During the guardianship, the court record reflects that Mr. O’Connell and Ms. Crispin also filed lawsuits against both of Oliver Wilson Bivins Sr.’s children and funded the litigation through the substantial assets of their incapacitated father.

The jury’s $16,400,000 verdict award against Brian O’Connell and Ashley Crispin, for actions taken in connection with the guardianship, presided over in the guardianship court by Judge Martin Colin, marks yet another entry into the intrigue surrounding professional guardians in the Palm Beach County Guardianship and Probate Courts.

Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored.

After the verdict, the Estate’s lead counsel, Ron Denman, commented “through the jury verdict, it appears the people of south Florida demand accountability from the lawyers (and guardians) appointed by the legal system to represent the interests, and protect the assets, of its incapacitated citizens.”

Press Release from the
The Bleakley Bavol Law Firm
Tampa, FL
www.bleakleybavol.com"

Source
http://aaapg.net/florida-jury-awards-16-4-million-against-guardianship-attorneys/

Sounds Like Pattern and Practice to Me. Racketeering perhaps? RICO?

Wednesday, 2 August 2017

Florida's Guardianship Program is beyond SICK, it is a Horrific Human Rights Massacre. YOU have no RIGHTS under Florida's Predatory Guardianship Program

LOVE YOUR FAMILY? Stay Away from Florida.

"Florida Judge Sued for Marital Alienation by Forlorn Wife

Elizabeth Cunningham lives just 25 minutes from her husband David Napier Cunningham in Pensacola,Florida but she’s not allowed to spend time with him.

In fact, Ms. Cunningham hasn’t seen her 65 year old husband in nearly three years because she was restricted from setting foot inside the assisted living facility where the former commercial real estate developer now resides. Ms. Cunningham blames her husband’s guardian, a CPA who sued her for legal fees and won. Last week, Ms. Cunningham countersued in the U.S. District Court in the Northern District of Florida Pensacola Division after the Honorable Family Law Judge Darlene Dickey reportedly issued ex-parte stay away orders denying the forlorn wife not only contact with her husband but also face to face visits. “Even criminals in prison are allowed conjugal visits with their wives but because Mr. Cunningham is a ward of the state of Florida, he has no such right and neither does Elizabeth,” said Dr. Sam Sugar, founder of the Americans Against Abusive Probate Guardianships (AAAPG) in Florida.

Ms. Cunningham is among a rising number of Americans seeking relief in federal courts nationwide from state guardianship-related proceedings that are alienating them from their loved ones. Other federal alienation suits include Bush v Goodall in Pennsylvania.

In most states, it is not uncommon for senior citizens, deemed incapacitated by a probate court,judge to lose their individual rights around residence, visitation, medical care, assets and property once they become a Ward of the state. However under federal law, experts claim that alienation of any kind, including spousal, parental and familial, is unconstitutional.

According to Ms. Cunningham’s federal suit, Judge Dickey’s stay away order was based on hearsay from the Guardian whom she claims has a financial interest in Mr. Cunningham’s inheritance, portfolio of shopping centers and land situated in Cherokee County, Georgia.

“I miss my husband,” said Ms. Cunningham. “Judge Dickey knew or should have known that this hearsay was false and fraudulent but instead she acted against my due process rights and my husband’s rights under the 5th and 14th Amendment of the U.S. Constitution.”

Whether it’s husband, wife, sibling, uncle, aunt or parent, some 90% of family members report that the judge in their guardianship proceedings did not act in the best interest of the elderly, 80% suspected the judge was improperly influenced and 70% felt the retirement home did not act in their parent’s best interests, according to an AAAPG study. Ms. Cunningham alleges that she was unduly influenced while under duress by an attorney to sign papers that would assign a professional guardian over her husband and his financial affairs.

“Under guardianship, my husband cannot vote, he is prohibited from driving a car and as a couple we cannot sell any of our properties without permission,” Ms. Cunningham said. “The Guardian receives all the proceeds of any sale of property that my husband acquired through his hard work over the years. How can this be legal?”

Critics of elder guardianship say it’s historical.

“Probate courts in America have a sordid history,” said Dr. Sugar. “They were the primary mechanism for dealing with legal issues in the slave trade of African-Americans until slavery was abolished in 1865. These equity courts committed and continue to commit egregious abuse against the most vulnerable in society.”

In 2017, however, court appointed guardianships do not discriminate based on race.

“My husband and I enjoyed our Pensacola home until this posse of court workers came into our lives,” said Ms. Cunningham.

Ms. Cunningham is seeking damages in excess of $7 million. She is representing herself."

Source
http://www.huffingtonpost.com/entry/florida-judge-sued-for-marital-alienation-by-forlorn_us_5980eb1be4b09d231a518229

Tuesday, 1 August 2017

Eliot Bernstein 4th DCA Florida Cases IGNORED thus far. Where are the REAL Authorities that ACTUALLY want to Uphold the LAW? The JUDGES who Dismiss Call the Claims Meritless, meanwhile CORRUPTION is Rampant in the Florida Probate Courts

Eliot Bernstein has been Shouting the Truth from the Rooftops for YEARS. He has filed in all appropriate courts and yet Corruption has been IGNORED by Florida Judges and Authorities, WHY?

THEY CALL IT "meritless and improper pro se proceedings", sometimes they call the Pro Se litigant Vexatious.  You know when a Pro Se party EXPOSES Corruption that involves Judges and Attorneys, well the higher courts call it Meritless and IMPROPER, they BLOCK the Pro Se litigant EXPOSING CORRUPT JUDGES and for some reason don't dare EXPOSE the Rampant Fraud, Forgery, Murder, Insurance Fraud, Mortgage Fraud, Real Estate Fraud, Probate Fraud, Civil Rights Violations and Predatory Guardianship that they CLEARLY KNOW, as there it is RIGHT THERE in the document they are dismissing as  "meritless and improper pro se proceedings".

Case No.FiledCase StyleCountyLower Tribunal CaseDisposed
15-384910/15/2015ELIOT BERNSTEIN v. ESTATE OF SIMON BERNSTEINPalm Beach502011CP00653XXXXSB, more11/30/2015
16-6401/06/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE.Palm Beach2014CP003698XXXXNB02/29/2016
16-22201/20/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach2014CP003698XXXXNB, more04/27/2017
16-144905/03/2016ELIOT IVAN BERNSTEIN v. OPPENHEIMER TRUST CO. OFPalm Beach2014CP002815XXXXNB11/29/2016
16-147605/05/2016ELIOT IVAN BERNSTEIN v. OPPENHEIMER TRUST CO. OFPalm Beach2014CP002815XXXXNB11/29/2016
16-147805/05/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach2014CP003698XXXXNB11/29/2016
16-224907/05/2016ELIOT IVAN BERNSTEIN v. OPPENHEIMER TRUST CO. OFPalm Beach2014CP002815XXXXNB01/11/2017
16-316209/16/2016ELIOT IVAN BERNSTEIN v. WILLIAM E. STANSBURY, et al.Palm Beach502012CA013933XXXXMB10/28/2016
16-331409/29/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach2014CP003698XXXXNB 
16-412012/06/2016ELIOT IVAN BERNSTEIN v. WILLIAM E. STANSBURY,Palm Beach502012CA013933XXXXMB01/05/2017
17-160705/31/2017ELIOT IVAN BERNSTEIN v. ESTATE OF SIMON L BERNSTEIN,Palm Beach2012CP00439107/13/2017
17-160805/31/2017ELIOT IVAN BERNSTEIN v. ESTATE OF SIMON L. BERNSTEINPalm Beach2012CP004391 
17-193206/23/2017ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach502014CP003698XXXXNB07/19/2017
Total Cases 13

Monday, 31 July 2017

Palm Beach County Guardianship and Probate Courts are Starting to Get Transparency and Accountability

" A Florida federal jury Friday awarded the son of a deceased Texas oil executive $16.4 million, ruling that two attorneys tasked with overseeing the estate breached their fiduciary duty, according to court records."

Source
https://www.law360.com/articles/949486/oil-exec-s-son-wins-16m-against-2-attys-over-estate-work

oh and Guess Who? Yep West Palm Beach guardianship attorneys, Brian O’Connell and Ashley Crispin of the Ciklin Lubitz & O’Connell law firm.  L

Transparency and Accountability