Monday, August 14, 2017


Florida Fourth District Court of Appeal Docket

Case Docket

Case Number:  4D17-2399

Final Civil Other Notice from Palm Beach County


Lower Tribunal Case(s): 502014CA012762XXXXMB

Click for Docket



Florida Fourth District Court of Appeal Docket

Case Docket

Case Number:  4D17-1116

Final Civil Other Notice from Palm Beach County


Lower Tribunal Case(s): 502012CA020774XXXXMB

Click Below for Docket



Florida Fourth District Court of Appeal Docket

Case Number:  4D17-166

Non-Final Civil Other Notice from Palm Beach County


Lower Tribunal Case(s): 2016CA006056XXXXMB

Click Below for Docket


Florida Fourth District Court of Appeal Docket

Case Number:  4D16-2768

Final Civil Other Notice from Palm Beach County


Click Below for Docket

Friday, August 4, 2017

Dominoes Falling INDEED. Landmark, Game Changing Case. VERDICT "“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.” I See Pattern and History Here and WISH for a Racketeering RICO Complaint to Be FILED by Victims and WON.

Alan Rose is ONE Such Attorney that Abuses the Courts for GREED.

TIME for Florida Probate Court Attorney Alan Rose and his law firm partners to TELL THE TRUTH, the Whole TRUTH and NOTHING BUT the TRUTH

"Jury says attorneys for guardian mismanaged money of millionaire Texas oil man"

"Guardianship case came from courtroom of Judge Martin Colin, 
featured in a Palm Beach Post investigation"

"Colin praised the attorneys in his courtroom, calling them honest and trustworthy"

“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”

"Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.
Brian O'Connell
Now they can point to a new federal verdict awarding a whopping $16.4 million in a lawsuit claiming that two West Palm Beach attorneys breached their fiduciary duties while running up “unnecessary and excessive fees” of $1 million.
“It’s really kind of a landmark case,” said Julian Bivins, who brought the suit as the personal representative of the estate of his father, Oliver, a Texas oil man.

“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”
The Bivins guardianship case emanates out of the court of Circuit Judge Martin Colin, the subject of an investigation by The Palm Beach Post into the judge’s conflicts of interest because his wife is a professional guardian.
Colin in open court had heaped praise on the attorneys who lost the case and refused to hold a hearing to decide whether the attorneys had “secretly” kept money from the sale of one of Oliver Bivins’ properties in an escrow account for more than a year, according to court documents.
The Post’s award-winning series featuring Colin, Guardianships: A Broken Trust, resulted in an overhaul of guardianship rules in Palm Beach County. Colin retired last December after he was transferred from the Probate & Guardianship Division because of The Post’s reporting.
Weeks after The Post published, Julian Bivins filed a motion to disqualify Colin, saying his concerns about the “close-knit atmosphere of the Guardians, their attorneys” and Colin had been “glaringly brought to light” in the stories.
The younger Bivins said he felt his father was “held captive” in South Florida by the guardianship so the attorneys could liquidate real estate assets — including a New York City Upper East Side mansion — and charge more fees.

Colin granted an emergency order prohibiting the senior from returning to Texas.The jury found on July 28 that attorneys Brian M. O’Connell and Ashley N. Crispin of the Ciklin, Lubitz & O’Connell firm not only breached their fiduciary duty but committed professional negligence.

The lawsuit claimed they failed to get appraisals on two high-end New York City properties being divided among family. They were not of equal value and as a result, Julian Bivins ended up with one that was worth millions less than other.

The jury’s decision to award $16.4 million makes up the difference.

But the fight over the property is far less important to reform advocates than the fact that attorneys who carry out the wishes of professional guardians and are paid with the ward’s money were held accountable.
“This case in one of the longtime hotbeds of guardianship abuse is a tipping point,” said Sam Sugar, director of Americans Against Abusive Probate Guardianship.
“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”
Oliver Bivins died at age 97 in March 2015. He ended up in the court-ordered guardianship when he visited his condominium in Palm Beach in 2011 and a social worker became concerned with his well-being, according to court documents.
Oliver Bivins appeared to be coming to Florida for a weekend vacation, leaving his refrigerator in Texas fully stocked, plaintiff attorneys told the jury. His son said he often didn’t visit his Palm Beach condominium for years at a time.

The verdict takes a further step toward re-establishing that attorneys are supposed to represent the incapacitated ward, not the court-appointed professional guardian — a position many lawyers have argued in court to thwart families trying to rein in a fee frenzy.

“If it wasn’t for me, they would have completely depleted my dad’s estate,” said Julian Bivins, who now lives in Palm Beach. “I’ve been fighting them from the beginning to just get him back to Texas. Finally, I got him back there 35 days before he passed away.”

As with many family members who challenge the status quo in guardianship in Palm Beach County, Julian said he found himself relentlessly attacked in court. He was even sued by one of the guardians in the case, Curtis Rogers.

The biggest toll, he said, though, was his relationship with his father as Rogers told the elder Bivins that his son only wanted his money. “He turned my dad against me,” Julian Bivins said. “I could never explain to my father how he was being held for ransom, how they wouldn’t let him go.”

The Ciklin firm said it is confident it can prevail on post-trial motions 
in front of U.S. District Court Judge Kenneth Marra.

“We think the verdict was not in keeping with the law or the facts and, in fact, was considerably more than the plaintiff even asked for,” said Alan Ciklin, the firm’s managing partner. “We feel pretty good about our ability to have this reduced dramatically.”

Rogers, one of two professional guardians dismissed as defendants in the lawsuit, testified for more than two days at the trial. He told The Post he believes the younger Bivins financially took advantage of his father. “The verdict was a total shock to me,” he said. “I anticipated there was no way that type of verdict could be made.”

It may come as a shock to Judge Colin, as well.

Colin during a Feb. 3, 2016, hearing in the guardianship case bristled at the suggestion that the Ciklin Lubitz firm was not acting as a good custodian of Bivins’ assets.

The senior’s son questioned why the firm had failed to turn over $472,000 from the sale of his father’s commercial property in New York City, requesting Colin refer their actions to the Florida Bar or keep them from holding onto the money.

“The Ciklin Lubitz law firm has a well-earned reputation of honesty. And this is honesty,” Colin said in court. “Not for a moment do I have any concern because their reputation is well-earned in this respect.”

Colin denied Julian Bivins’ request without hearing any evidence but ordered the firm to return about $400,000.

An attorney for Julian Bivins filed a motion to disqualify Colin because of those statements, but the judge denied it.

“We never got anything done in his court,” Julian said. “We complained about the amount of the fees and he (Colin) cut them down 25 percent, but then we had to pay their fees for them to defend those fees. So they just made it back.”  "

Guardianship Catch-22

It is in this Catch-22 that families often find themselves when trying to decide whether to fight unethical actions by a professional guardian: Either way they pay, and either way the lawyers’ wallets grow fatter.

The guardianship issue is being looked at by a task force formed by Florida Supreme Court Justice Jorge Labarga. The state Legislature established the new Office of Public & Professional Guardianship as a result of lobbying by advocacy groups and others about lawyers and guardians siphoning off fees.

Attorney Greg Coleman, past president of The Florida Bar, wrote to the work group in June to alert it to “inappropriate, improper and illegal activities of a very small number of Florida attorneys” practicing in the guardianship arena.

“Unfortunately, the way guardianship statutes and rules are currently constituted allows for a window of exploitation by bad attorneys and bad guardians for their own personal monetary gain,” said Coleman, who was not associated with the Bivins guardianship or any of the relating litigation.

Coleman said everything is moving in the right direction for seniors. “The issue has the (Florida Supreme) Court’s attention, I can tell you,” he said. “It is not something that is being ignored or swept under the rug.”

Oliver Wilson Bivins Sr. was an oil man whose family were pioneers in Amarillo, Texas. He visited his Florida condo infrequently.

Dominoes falling?

Sugar’s grassroots-group based out of Hollywood was the force behind legislative reform last year. He said the verdict in Bivins is a sign “the dominoes are starting to fall.”

Several years ago Sugar could barely get a conference with key Florida lawmakers. Now his group has spearheaded legislation and made guardianship an issue around the country. Sugar pointed to the recent federal indictment of a professional guardianship firm in New Mexico, charging the owners with stealing millions from seniors, as an example that justice could be done for these seniors.

Attorneys who represented the Bivins family — Charles D. Bavol and Ron Denman of The Bleakley Bavol law firm in Tampa — compared the trial to a climactic brawl from the movie Rocky.

The Ciklin defendants knocked out their expert witness and cited attorney-client privilege in refusing to turn over crucial emails between the Ciklin lawyers and the guardians. 

The son’s testimony persuaded the jury, his lawyers said.

“What the defendants did in this case was wrong,” Denman told the jury. “It was legally wrong, what they did was ethically wrong, and what they did was morally wrong.”

Bavol and Denman said the verdict builds off a 2015 state court appellate finding out of Palm Beach County, ruling that the guardianship attorneys’ duty is to the incapacitated adult, not the professional guardian.

The 4th District Court of Appeal in recent years has reined in circuit courts in Palm Beach County that reform advocates say patently favor professional guardians and their attorneys. Still, advocates such as Sugar say they hear about abuses almost daily in the guardianship courts.

Bavol and Denman said the verdict underscores 
the need for accountability from guardians and their lawyers.

“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,” the lawyers said in a news release."

Source of Article and Lot's More

Regardless of What Move managing Partner Alan Ciklin, brother of Judge Cory Ciklin, want to make next, It is DONE. There is a Path to Justice cleared now and HOPE for the Victims of attorneys and guardians such as Brian O'Connell and Ashley Crispin.

Also NOTE that Florida Supreme Court Justice Jorge Labarga is the top of the Florida Corruption Food Chain, just look at the iViewit Patent Theft Case and Proskauer Rose and the gang.

Also NOTE that Florida Supreme Court Justice Jorge Labarga was Judge Martin Colin's MENTOR "He finds a great camaraderie among the Judges in this Circuit and considers Judge LaBarga to be his mentor. "  As Seen at the Link Below

Thursday, August 3, 2017

15th Judicial Circuit Important Notice. WOW Attorney Alan Rose CAUGHT in the act AGAIN. As he clearly does not make a good faith attempt to RESOLVE and has not Notified ALL Parties. Why is Alan Rose still a Licensed Attorney. Why is Alan Rose NOT in Jail? Why is the Estate of Simon Bernstein still having hearings with all the KNOWN FRAUD?

Subject: Important Notice from the Fifteenth Judicial Circuit - Amendments to Local Rule 4

Attached please find Local Rule 4, applicable in the 15th Judicial Circuit (Palm Beach County), which was amended on July 18, 2017.
  • Local Rule 4 is now applicable to both county and circuit courts and for UMC and Special Set Hearings.
  • It applies in all divisions of the courts in the Fifteenth Judicial Circuit (Palm Beach County).
  • Before setting a hearing, you must make a good faith attempt to resolve the issues by speaking to opposing counsel by phone or in person.
  • The Notice of Hearing must include the exact language as required by Local Rule 4.
  • This Rule also applies to Coverage Counsel.
Make sure you read Local Rule 4 carefully and comply with its requirements.

Tuesday, August 1, 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
16-412012/06/2016ELIOT 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, July 31, 2017

Palm County Florida Probate Alan Rose Says: " The only person alive on this planet who knows anything about this case is Ted" WOW, that sure sounds dramatic and blatantly false.

And Alan Rose goes on to say, "He has got to be the representative of the estate to defend the case. He has got to be sitting at counsel table. If he is not at counsel table, he is going to be excluded under
 the exclusionary rule and he will be out in the hallway the whole trial."

What? Does Ted come to all the hearings? Is Ted at the counsel table? Well he was not there when I was at the court hearing and he does not seem to even show up anymore, so what a load of crap this is that Alan Rose continues to spew. Oh and he wants Judge Scher to grant his fees without allowing any Objections.  What a whiny self righteous ass, in my Opinion.

"    The only person alive on this
 2 planet who knows anything about this case is
 3 Ted. He has got to be the representative of
 4 the estate to defend the case. He has got to
5 be sitting at counsel table. If he is not at
 6 counsel table, he is going to be excluded under
 7 the exclusionary rule and he will be out in the
 8 hallway the whole trial. And whoever is
 9 defending the estate won't be able to do it.
This guy wants Ted out and me out because we
11 are the only people that know anything about
12 this case.

13 So why is that important? Well, it makes
14 it more expensive. It makes him have a better
chance of winning. That's what this is about.
16 And at the same time the Illinois case is
17 really critical here because unless the estate
18 wins the money in Illinois, there's nothing in
19 this estate to pay him.

THE COURT: I understand.

21 MR. ROSE:   Mr. O'Connell, I proffer, he
22 advised me today there's about $285,000 of
23 liquid assets in the estate. And we are going
24 to get some money from a settlement if you
 25 approve it.

Source and Full Transcript

A Settlement? What? Riddled with Fraud, Guardians and Gag Orders.  Assets STOLEN from the estate and wow now they claim this small amount left and well, the attorneys want it. 

Ted and Alan Rose are the only ones who know anything about "this" case??? WOW.  Do you mean this scheme, this fraud?

More at

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"


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

Sunday, July 30, 2017

Florida Attorney Alan Rose of Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss Law Firm Does NOT want to Sue Blogger Crystal Cox nor does Alan want to ask for retractions, or prove anything is false on her blogs. INSTEAD Alan Rose of Mrachek Law wants to file Contempt of Court against one of the Victims of Florida's Predatory Probate Courts and attempt to punish a 3rd party for my Reporting on what I believe is Fraud on the Court whereby Attorney Alan Rose has knowingly lied to the courts for 5 years and has caused MASSIVE Damage to his Victims.

Attorney Alan Rose wants to SILENCE Investigative Blogger Crystal Cox.  

So he ASKS the courts if he can file a Contempt of Court, to hold someone else accountable for what he CLEARLY claims she is Posting and is on her blogs.

Attorney Alan Rose does not have the balls or the backbone to Sue Crystal Cox and go through proper channels, so he simply goes after a third party of which I, Crystal Cox, am  reporting on and have been for a decade.

If anything on my blogs is not correct, then I invite you Alan Rose to Obey the Law and send me an email showing what I posted and your without a doubt facts that it is not correct. Consider Shield Laws, Retraction Laws, Civil Rights and of course that Pesky First Amendment.

Now when you Sue me be sure and file your Legal Action in Federal Court, so we can get down to the Facts of your Fraud on the Courts and why you really want to SHUT ME UP.

Attorney Alan Rose knows how to reach me, yet for some reason Alan Rose would rather piss in the wind per say, and file a foot stomping tantrum throwing Contempt of Court against Eliot Bernstein, one of the many Victims of the Courts I have reported on for 17 years, and having over 2000 blogs and millions of posts, along with a World Famous Defamation Case of which I won in appeals court.

So Alan Rose SERVE ME. SUE ME if you must.  I am Ready and Waiting for your Dribble. Now be sure and TELL THE TRUTH, the WHOLE TRUTH AND NOTHING BUT.  

Attorney Alan Rose lied about Eliot Bernstein in a Court of Law for 5 years, Judge conspired with him, it seems and deemed Eliot Bernstein was NOT a beneficiary when he clearly was. Now he has been caught and a new Judge, 5 years in said Eliot is a beneficiary. So for 5 years Eliot was gagged as they pilfered the estate, drove him into poverty and caused clear and immeasurable damage.  Alan Rose state lies to a court that has led to 5 years of expense and massive stress to say the least. His lies has denied Eliot a voice in the Illinois case as well, with a 1.7 million dollar life insurance claim and NO POLICY. The List goes on and on.. and now he wants to point the finger at ME, at Eliot Bernstein, the main Victim in his, what I see as, CRIMES? Makes No Sense to me.

Alan Rose has lied about SO so sooooo very much over 5 years. It would be Fun to be sued by this Fraud on the Court IDIOT. I would love to further Expose him.

Click Below to Read Alan Rose's, I wanna file Contempt request

Also Check Out these Posts for Fun

Cease and Desist Letter to Guardian Diana Lewis, as Seen in Exhibit attached to ALAN Rose's whiny dribble to the court to hold Eliot in contempt.

 Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss

Look What Whiny Attorney Alan Rose wants "the Courts" to Do "For Him" in Order to STOP his Ship of Fraud on the Courts, Deliberately Misleading the Courts, and well Flat out Lies to the Court from SINKING.

"Movant seeks an order finding Eliot Bernstein in contempt and awarding appropriate
sanctions, which should include the following:

a.   striking all of his pro se court filings and precluding him from further
participation in this case;"

What this really means is Please your Honor remove all that TRUTH from the RECORD, I just hate it when I get caught committing fraud on the court and deliberately / knowingly lying about stuff.  Ya I know I lied to the court for 5 years and claimed Eliot was NOT a beneficiary and did so with Full Knowledge of the Facts, however, if you could just "precluding him from further participation in this case", I would greatly appreciate it.

" b.   ordering Eliot and those in concert with him immediately to cease and desist
all further contact with or harassment of Diana Lewis, as Guardian ad Litem; "

This really means, Please your Honor, my Fraud is unraveling and my Co-Conspirators are getting mad at me, and well I may be disbarred and have to pay millions upon millions in Liability for the damage I have caused Eliot and his family. Please I beg you to Order Eliot to NOT expose the Predatory Guardianship of his children and I demand that his ADULT children sit down and shut up and have no say over their own rights either.

Oh and I Demand that you order those in "concert" with Eliot cease and desist contact or harassment. What I mean by that is STOP that Crazy Crystal Cox from reporting on the known fraud I and my co-conspirators have committed on this court, and STOP Eliot from talking to anyone anywhere that may have information on the laws I am breaking.  PLEASE Pretty PLEASE your Honor.

""c. ordering Eliot and those in concert with him immediately to remove all
postings on the internet which reference Diana Lewis, as Guardian ad Litem;""

WOW. I guess this means just what it says. Please your Honor VIOLATE the First Amendment Rights of Crystal Cox, Break the Law and Order that she not be able to report on the Predatory Guardianship in the State of Florida. Remove the TRUTH from the Big Ol' Internet at Once. 

Too Funny Really, as this is IMPOSSIBLE. The Truth has already been set free, and Alan Rose himself ads the Cease and Desist letter to the filing. The Letter is in the Courts, it is Public Record and anyone can post it anywhere, ya big Dummy.  

If I post something in the courts, do I not have Absolute Privilege? Well the Bad Guys in Obsidian v. Cox sure did, you may want to look over that case as you try and BAN ME PERSONALLY from the FIRST AMENDMENT.

Diana Lewis is a Guardian ad Litem. The records clearly show this. Though Court Transcripts call her Judge Lewis instead of Guardian, still it is a fact she is NOT a Judge in this case she is a Guardian ad Litem.  From what I have seen and read Diana Lewis has a Predatory Guardianship over Adults whom she and co-conspirators claimed were minors in order to give money and assets to other parties. Guardian Diana Lewis has been told countless times that these guys are not minors but ARE ADULTS.

Yet Guardian Diana Lewis, for some reason, REFUSES to follow Florida Statutes and notify the courts and withdraw her representation of ADULTS who had no GAL hearing and no Due Process. Guardian Diana Lewis seems to be violating statutes by not letting the courts know when one of them turned 18, and that the other one has been an ADULT the whole time and yet she made HUGE financial and life changing decisions for them.

Yes Judge Philips made his Order that this Predatory Guardianship happened, but that is no excuse for former Judge, Guardian Diana Lewis.

She knows Florida Law and has experience. She has willfully and wantonly violated Florida statutes, as far as I see it, and she and her insurance provider are liable to the victims of these knowingly fraudulent actions, Period.

Diana Lewis is not some new person with no experience in all this, she was a Professional, a Judge, an Attorney I believe in Florida, and she knows Full that she is and has broken the law. As far as I see it Guardian Diana Lewis has INTENTIONALLY harmed these young men, and Alan Rose wants NO ACCOUNTABILITY for himself and Ted Bernstein and NO TRANSPARENCY via my Blogs. So he goes after someone who has NOTHING to do with what I post. Yes I get information, take interviews, however, I and I ALONE decide what I put on my blogs and how I do it and I do so in Private with no input from anyone;

Attorney Alan Rose, instead of going directly to the source, tries to get the Courts to Punish Eliot Bernstein who is one of the Victim of Florida Court Corruption I am Reporting on, and have been for over a decade.  Why not Sue me Alan, you know how to Reach me? Why are you acting as if a Victim of your Actions is the one posting MY BLOG POSTS?

"d.   as a further sanction, ordering Eliot immediately to remove every single posting on the Ted Bernstein report and, every posting anywhere concerning these trusts, estate, fiduciaries and/or beneficiaries, and forbidding any and all future posting relating to this case;"

What a Bunch of Whiny Dribble. Eliot Bernstein does not own, has never owned nor controlled . Eliot Bernstein has NO WAY to remove anything from MY BLOGS. Eliot has never EVER posted on that blog and has never had passwords to ad or edit in any way.

Alan Rose wants ME to REMOVE "every posting anywhere concerning these trusts, estate, fiduciaries and/or beneficiaries, and forbidding any and all future posting relating to this case". That is so funny, this case has been going on for 5 years, Simon Bernstein was the Chairman of the Board of iViewit and I have been reporting on that case for a Decade now, before Simon Bernstein passed away, or was murdered. There are thousands of posts, hundreds of thousands of documents, many blogs, websites, and other online media that have reporting on all this and for some reason Whiny Alan Rose thinks that a Probate Court in Florida can Order that all this be removed from the Internet, with no consideration of the First Amendment what so ever? WOW.

What about all the other cases connected, and the Illinois case in this same Estate Probate, where there is NO Insurance Policy yet a big fight over 1.7 million? Can I pretty please post on those cases. Just Kidding, I will Post on what I want to, it is my First Amendment Right and it is the TRUTH.

Alan Rose seems to thinks Contempt for Eliot is the way to go about removing the TRUTH from the Internet. Sounds like the Sanction / Spanking, attorney Alan Rose wants is to SHUT UP MY BLOGS. Wow. Quite a tactic really. Going after a 3rd party who has NOTHING to do with what I put or don't put on my Blogs.  What's the matter Alan, to scared to come directly at me in the courts. Don't you want to Sanction Me? The OWNER and Author of the BLOGS? Ya Big Lug.

Sounds like Alan Rose wants the courts to violate Eliot Bernstein's civil rights and punish him somehow for something he clearly states that is being done by this infamous Investigative Blogger Crystal Cox

"e.   and an award of costs and attorneys' fees against Eliot Bernstein."

Um what? Are you kidding here Alan. You have driven Eliot to poverty, where are you going to get this sanction money? You think a Judge is going to say Eliot has to pay you to come after him for what I, Crystal Cox, says or don't say? WOW you are Dumber then I Imagined. Good Luck with that one Ding Bat.

"WHEREFORE, Successor Trustee, Ted S. Bernstein, respectfully requests that this Court
find Eliot in contempt of Court, take such remedial steps as warranted, enter appropriate sanctions"

Yes indeed, I could not agree more, we all pray for "appropriate sanctions", as Judge Colton said, why are these guys not disbarred and in prison?  

I pray DAILY for  "appropriate sanctions" against Alan Rose, Ted Bernstein, Brian O'Connell, Judge Philips, Judge Colin, Marc Manceri, Donald Tescher, Robert Spallina, Diana Lewis, and ALL those who have committed deliberate and known Fraud on this Court. They state things, such as Eliot is not a beneficiary and it was taken as FACT and ya how about some "appropriate sanctions" that would be a refreshing change of pace. It has been 5 years of these Absolute LIES by Attorney ALAN Rose to the courts, and he is fit throwing mad because the public at large can see his Fraud on the Courts, and his blatant lies as Officers of the Court.

Grow a Set Alan !!! Tell the TRUTH for a Change.

Friday, July 28, 2017

Statement From Bill Stansbury, " Eliot called Alan Rose as a witness and when Eliot asked him about not providing information to the attorney he is trying to retain for his children, Alan Rose indicated that he wasn't giving her anything."

Below is an Affidavit from Bill Stansbury, this is the same John Phillips who knowingly put an adult, in a minor guardianship to usurp his legal rights without an adult guardianship hearing.

Click Below for More on Guardianship Issues in the Estate of Simon Bernstein Case.
Cease and Desist Letter Regarding Guardianship

Judge John Phillips seems to have served up RETALIATION in order to protect Rampant Fraud, Corruption, Forgery, and Civil Rights Violations in the Florida Courts.

Judge John Phillips was the head of the GAL program for minor guardianships. Where was the oversight in all this and why now do Florida Courts still uphold the Predatory Guardian rulings of Rogue Ranting Judge John Philips?

Below is an Affidavit from Bill Stansbury

Signed William E. Stansbury,
Dated the 29th of February 2016 

"My name is William E. Stansbury and I am a competent adult residing in Palm Beach County,
Florida. I am voluntarily writing this in the hope that any consideration to appoint a Guardian
ad Litem (GAL) for the children of Eliot and Candice Bernstein will be dismissed without merit.

Based on the information provided on the Florida GAL website, the Florida GAL Program is a
partnership of community advocates and professional staff providing a powerful voice on
behalf of Florida's abused and neglected children. 

GAL is central to fulfilling society's most fundamental obligation by making sure a qualified, compassionate adult will fight for and protect a child's basic human right to be safe, to be treated with dignity and respect, and to learn and grow in the safe embrace of a loving family.

As a father of 3 children and 5 grandchildren, I wholeheartedly support the mission and
purpose of the GAL program when a child's basic human right to be safe, to be treated
with dignity and respect, and to learn and grow in the safe embrace of a loving family is

The Florida GAL program is not intended to be used as a weapon to threaten, harass or extort parents. 

Sadly, however, I believe that may be what is occurring with Eliot and Candice
Bernstein. I express this belief after having sat through numerous court hearings since 2012
and following the corresponding Palm Beach County, Florida cases that have involved the
Estates of Simon and Shirley Bernstein and their respective testamentary instruments, including
Case Nos. 50-2012-CP-004391-XXXX-SB (In re: Estate of Simon Bernstein), 50-2011-CP-000653-
XXXX-SB (In re: Estate of Shirley Bernstein), 50-2015-CP-002717-XXXX-NB, 50-2015-CP-001162-XXXX-NB, 50-2014-CP-002815-XXXX-NB, and S0-2014-CP-003698-XXXX-NB.

I have personal knowledge of the following matters that have transpired in connection with
certain of the above-referenced cases when Judge Colin was presiding:

1) Florida licensed attorneys Donald Tescher and Robert Spallina (T&S) drafted certain
testamentary instruments for Simon and Shirley Bernstein. 

Through Eliot's investigative efforts, Spallina admits to the court and the police that, after Shirley's death, Spallina changed certain terms in her testamentary instruments and sent same through the U.S. mail to Florida licensed attorney Christine Yates. Ms. Yates was retained by Eliot to represent his family after his father's passing in 2012.

In addition to drafting testamentary instruments for Simon and Shirley Bernstein and changing certain terms in Shirley's documents, T&S were also appointed and served as the initial personal representatives of Simon's estate and successor trustees of Simon's revocable trust.

I believe that Eliot's investigative efforts were the primary reason that T&S's acts were discovered, and that same began Eliot's quest for the truth.

2) T&S paralegal, Kimberly Moran, pled guilty to forging signatures on certain probate
documents in the Estate of Shirley Bernstein and to notarizing those documents. I
believe that Eliot's efforts helped expose Ms. Moran's unethical conduct.

3) Attorney Spallina filed certain estate closing documents with the court in the Estate of
Shirley Bernstein that were signed by Simon Bernstein, as the purported personal
representative of Shirley's estate, notwithstanding that Simon passed away several
weeks before such documents were filed.

I believe that Eliot's efforts were the primary reason that Spallina's conduct in connection with these court filings was exposed.

4) As evidenced by a court transcript from a hearing in one of the above-referenced cases,
Judge Colin stated twice that he had heard enough to read several officers of the court
their Miranda rights. 

However, Judge Colin did nothing to address the corresponding issues and allowed these very same officers the opportunity to continue to practice in his courtroom. To no avail, Eliot brought such circumstances to the attention of Judge Colin.

5) Attorney Spallina submitted a claim to Heritage Union Life Insurance Company through
the U.S. mail for payment of an approximately $1.7M death benefit on a policy owned
by Simon Bernstein personally.

The records from the insurance company list the Simon Bernstein Irrevocable Trust N.A. executed in 1995 (the "1995 ILIT") as the contingent beneficiary (the primary beneficiary was LaSalle National Bank).   Spallina represented himself on the claim form submitted to the insurance company as the trustee of the 1995 ILIT.

Subsequently, Spallina admitted that he had never seen the 1995 ILIT and no
idea what its terms were. 

To make matters worse, Spallina and four out of five of Simon Bernstein's adult children (Eliot's brother (Ted), and Eliot's three sisters (Pam, Jill and Lisa)) were involved in a scheme that would get the money to those four children. 

Spallina engaged in such conduct not withstanding his duty to advocate as personal representative of Simon's estate and successor trustee of his revocable trust for the
proceeds to be paid to the estate and ultimately the revocable trust. Simon's revocable
trust is the sole residuary beneficiary of his estate; Simon's grandchildren are the
beneficiaries of Simon's revocable trust. Without a copy of the trust, 
Heritage Union refused to pay the claim.
I believe that Eliot's efforts helped to expose Spallina's actions.

6) Eliot's brother, Ted Bernstein, filed a breach of contract lawsuit in Illinois against
Heritage Union for not paying the above-referenced insurance claim (the "Illinois

Ted filed the Illinois Litigation as the purported trustee of the 1995 ILIT the
very same trust under which Spallina had previously claimed to be the trustee.

Ted Bernstein was aware of the actions of Spallina, yet went along with them until the
scheme fell apart, and then Ted suddenly remembered that he (Ted) was the trustee of
the 1995 ILIT. 

If Ted Bernstein prevails in the Illinois Litigation, he and his sisters will
benefit from the $1.7M unpaid insurance death benefit.

Eliot has opposed this scheme that benefits his siblings (and possibly himself) to the exclusion of Simon's estate and his grandchildren, including Eliot's children and the other grandchildren of Simon.

Florida licensed attorney Peter Feaman has brought to the attention of Brian O'Connell
(successor PR of Simon's estate) and Alan Rose (Ted Bernstein's attorney) that there
appears to be a conflict of interest where Ted is serving as successor trustee of Simon's
revocable trust that would benefit from the insurance proceeds (trust beneficiaries are
the grandchildren) of the never seen nor found
1995 ILIT that benefits Ted and his siblings. 

I find it extremely ironic and disingenuous that Ted Bernstein has requested the appointment of a GAL for Eliot's children while he simultaneously is trying to wrongfully divert funds from Eliot's children and Simon's other grandchildren through his initiation and pursuit of the Illinois Litigation.

7)   Ted Bernstein is the alleged successor trustee and successor personal representative of
the revocable trust and estate of Shirley Bernstein.

He represented to the court that the personal property of Shirley Bernstein in her condo was inventoried and moved to the residence of Simon Bernstein for safekeeping.

Thus, the personal property in the condo is an asset of the estate of Simon Bernstein. Inventories of personal property from the condo show significant discrepancies. 

Eliot has insisted for a complete accounting of all personal property, as he is listed as a beneficiary of Simon's personal property (which would have included Shirley's personal property as her will left all of her personal property to Simon when she passed away, survived by Simon).

8)   In 2014, T&S resigned as successor trustees of Simon's revocable trust.

T&S appoint their friend, Ted Bernstein, as successor trustee of Simon's revocable trust. Ted was not
listed as a trustee by his father in Simon's revocable trust.

Florida licensed attorney Brian O'Connell was appointed by Judge Colin as the successor
PR for the estate of Simon Bernstein in 2014.

He assumed this fiduciary responsibility from Florida licensed attorney Benjamin Brown who was appointed by Judge Colin as curator for the estate when T&S resigned. Mr. O'Connell read the 2012 restated revocable trust of Simon and brought to the attention of Judge Colin that it does not
appear that Ted is qualified to be appointed as trustee based on the trust language.

Since the fall of 2014, Eliot has been requesting O'Connell to call up a hearing to have
the court determine if Ted is properly serving.

As of the date of this instrument, I am
not aware that O'Connell has taken any action.

I have personal knowledge of the following matters that have transpired in connection with
certain of the above-referenced cases when Judge Phillips was presiding:

1) A status conference was scheduled for Simon Bernstein estate by Brian O'Connell, but
Alan Rose chose to discuss the Shirley Bernstein estate and trust. Rose represented to
the court that the Shirley trust was also scheduled for the conference.

Peter Feaman and Eliot objected on the record, but to no avail.
The Court ruled to have hearings in
Shirley's estate and trust and not Simon's estate.

2)   Attorney Peter Feaman advises the Court that Judge Colin did not follow proper
procedure in steering the Bernstein cases to the North Branch post recusal. 

The Court tells Mr. Feaman that's what the 4th DCA is for, even though the Court knew or should
have known that the recusal/transfer orders were on appeal at the Florida Supreme Court.

3)  On December 15, 2015 I attended a hearing to determine the validity of the Simon and
Shirley wills and revocable trusts. 

Eliot Bernstein advised the Court that he had an attorney for his children but this attorney requested from Alan Rose copies of all documents, to include his children's' trust documents to review prior to the trial. 

Apparently, Attorney Rose did not send her anything. 

The hearing was not stayed until the children had counsel, and the judge ordered the trial to proceed with the children not having counsel present.

4) At the hearing on December 15, 2015, Alan Rose called two witnesses to verify that the
documents were authentic. The first was Robert Spallina - the same Spallina who
admitted to changing testamentary document language and mailing it to Eliot's family
attorney, using a dead man (Simon) to close the estate of Shirley, and submitting a claim
form to Heritage Union for Simon's life insurance when he knew he was not the trustee
of the 1995 trust.

As of this writing, I am not aware that anything has been done by the court to address the admissions of wrongdoing by Mr. Spallina. 

The second witness called to validate the documents was Ted Bernstein. He admitted that he had not seen an original of the documents. 

None of the witnesses to the documents, nor the notary were called to testify. Additionally, no original documents were provided at the trial, nor was any forensic handwriting expert called to testify, nor was any forensic expert retained by Ted to validate documents after Spallina admitted to changing the language in at least one testamentary document.

5)  I attended a hearing on February 25, 2016 in Judge Phillips' courtroom. 

The purpose of the hearing was to determine if a Guardian ad Litem should be appointed for Eliot's minor children. Eliot called Alan Rose as a witness and when Eliot asked him about not
providing information to the attorney he is trying to retain for his children, Alan Rose
indicated that he wasn't giving her anything. Eliot requested additional time to call
witnesses, but his request was denied by the Court, which seemed unusual to me in
light of the seriousness of the hearing.

Here is what I have observed in the home of Eliot and Candice Bernstein:

1) Happy, bright, respectful children who aren't embarrassed to tell their parents they love
them in front of other people.

2) Children who understand that when a guest enters their home that they get up and
acknowledge them.

3) Children who are always grateful for the smallest courtesy extended to them.

4) Parents who tell their children how much they love them.

5) Parents who teach their children that virtues like honesty and integrity are more
important than money.

Eliot and Candice have created a loving nurturing home for their children. They are outstanding
role models as parents. For anyone to suggest that they have a conflict of interest with their
children is absurd. They are a family unit and none of them view something that is good for
one as bad for another.

Based on my observations, Eliot and Candice Bernstein are not the "bad guys" in these estate

I believe they are being portrayed this way because they have exposed inappropriate actions
by officers of the court - the very officers who have an affirmative duty to assure justice is

They are being portrayed this way because they refused to go along with Eliot's siblings in their
scheme to capture Simon's life insurance proceeds.

They are being portrayed this way because they believe that Ted Bernstein has hijacked Shirley
Bernstein's trust and made distributions that are very questionable.

They are being portrayed this way because they believe that, by having Ted Bernstein serving as
trustee of Simon's trust, that the directives of Simon Bernstein in that document are not being

They are being portrayed this way because those that are asking for them to lay down and quit
searching for the truth know they never will.

It appears to me that the Florida GAL is being used as tool to try to punish Eliot and Candice for
not keeping their mouth shut when they saw what was occurring.

My observation has led me to the conclusion that many people in these estate matters should
have someone watching over them, but I am confident that it is not the children of Eliot and
Candice Bernstein."

Signed William E. Stansbury, Dated the 29th of February 2016 

Source of Post with Signature

Below Are Research Links Connected to the Topics Above

Judge Martin Colin Hearing / Miranda Rights

Sheriff Report, Robert Spallina

Research Link to Fraud, Forgery, PBSO Report, Coroner Report and More

Police Report

Sheriff and Coroner Reports / Information

Research on Simon Bernstein Death (remember there was statements from Dr. Bell the Night Before, More on that at a Later Date)

Court Motion Discussing Simon Bernstein Closing and Estate after he Died

Palm Beach Sheriff Offic Research Links Related

Kimberly Moran State of Florida Notary Suspension
Response to Florida Governor in Kimberly Moran Notary Fraud, Forgery Case

Kimberly Moran, Florida Notary Fraud Police Report

Notary Public Comparison of Signatures and Dates, Evidence in Kimberly Moran Notary of Tescher and Spallina Law Firm Fraud, Forgery Case

Judge Roger Colton SITTING IN FOR Judge Rosemarie Scher hearing Transcript
MR. ELIOT BERNSTEIN:· Okay.· So she ordered
that.· I didn't put in for a notice of hearing on
this, and I would have certainly scheduled a lot
more time because I have a number of witnesses and
this should really be an evidentiary hearing, and I
was going to discuss that with her.

· · ·She took two months to get to this hearing and
scheduled it up on her own, so I think it should be
before her and I move to, you know, delay and
reschedule and hear this properly before her.

She's done a lot of research on the case.·
She's aware of some of the frauds 
that have occurred by
attorneys in this case.

· · ·And I just want to really quickly clarify,
Mr. Rose was a little bit misleading saying that my
brother was the successor trustee to my father in
the Simon trust.·   There were two attorneys who
admitted to fraudulently altering estate
documents --


· · ·MR. ELIOT BERNSTEIN:· -- and sending them to
my children's counsel.

· · ·JUDGE COLTON:· Are they still lawyers?

· · ·MR. ELIOT BERNSTEIN:· Yeah.· Actually, we're
working on getting them -- putting them in prison
instead of disbarring them because --

· · ·JUDGE COLTON:· How about disbarring and

To Read Full Transcript Click Below (page 10 and 11)

Tescher and Spallina SEC Charges

Police Report Filed by Ted Bernstein claiming his father Simon Bernstein had been murdered.
(It is marked "Medical Information"), yet it was called in as a MURDER.

More on Police Report

Murder of Chairman of Iviewit Simon Bernstein? Attorneys Robert Spallina & Donald Tescher Admit Law Firm Violated Law

So Mail Fraud, Forgery, Kidnapping Civil Rights, Predatory Guardianship, Alleged Murder with NO Investigation seemingly, Mortgage Fraud, Real Estate Fraud, and Lot's More. Where ARE the State and Federal Authorities in All This?