Saturday, October 7, 2017

Guardianship Town Hall Meeting in West Palm Beach Florida on September 26 2017

Eliot Bernstein at 56 minutes advising victims of Court Corruption to file criminal complaints against Judges and Attorneys involved in Court Orchestrated Predatory Guardianship.

AAAPG PBC Town Hall September 26, 2017 moderated by Dr. Sam Sugar


Sunday, October 1, 2017

Ex Florida Attorney Robert Spallina Bar Complaint Documents; Why is Robert Spallina and Donald Tescher Not in JAIL? Where is the Authorities in Southern Florida Guardian, Probate and Estate Mass Corruption?

Florida Estate and Probate attorneys FORGE Documents to Close Trusts and yet face no Jail time and the Court continue to uphold Orders by rogue Judge (Judge Martin Colin) who enabled all of this.

Donald Tescher Files Bar Complaint in Florida 
against Robert Spallina
January 15th 2014
https://drive.google.com/file/d/0Bzn2NurXrSkidHR0cDUxS1JBRG8/view?usp=sharing


Judge Martin Colin Aided and Abetted these Acts in my Opinion. Why is there No Accountability in all of this? No Jail Time ? Where is the Oversight? Where are the 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

Court Hearing Regarding Deceased Signing Documents


September 17th 2017 Hearing

"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



SEC Criminal Complaint Documents in Bar Complaint
https://drive.google.com/file/d/0Bzn2NurXrSkic2pfM2l0Z2F6V3M/view


Why is JUDGE MARTIN Colin and the JUDGES who protected him NOT in Jail? Why are Judges in South Florida Courts continue to protect Corruption and enable further victimization in the Florida Guardianship Program, Florida Probate Courts, Florida Estate Courts ?

"Guardianship reform advocates look to police for help" Article Comment Seeking Authorities to Hold Judges, Guardians and Attorneys Accountable.

Read the Article at Link Below
Guardianship reform advocates look to police for help
http://www.palmbeachpost.com/news/guardianship-reform-advocates-look-police-for-help/0HgVnhpZDRivXifB2jZIEM/

"Post a comment demanding that Criminal Authorities make arrests of the guardians and judges and investigate this horror of a court system ion FL.

TO CS1212 Boca Raton AKA Florida Bar Member,

It is funny you attack the messengers Dr. Sugar and John Pacenti when the facts of the matter are clear court corruption in S. Florida is booming and is unchecked as attorneys and judges appear above the law and protected by state law enforcement.

Take for example the hundreds of judges and attorneys who participated in robosigning AKA Bank Fraud, Mortgage Fraud, Forgery, Fraudulent Notarization and more and not a one was arrested and jailed while millions were thrown on the street and their houses repurchased by the very parties who orchestrated the frauds.

I have to give the Florida Bar and Judicial Qualifications Mob Unions credit for protecting their members and ask, where oh where are state criminal authorities to make arrests???

The same goes for the court regulated guardianship probate courts, another Multi-Trillion dollar lucrative racket orchestrated by our trusted public officials where no protections are afforded to the victims of these crimes and the victims complaints against judges and lawyers again falls on deaf ears. If there were no problems here why are legislative changes being enacted to try and change the current system to protect victims nationwide?

However if the people who are charged with enforcing the current laws are the ones breaking them without fear of prosecution they will break the new ones as well. 

Where is our Chief Judge Jorge Labarga to assure the public of the great job being done in the courts he oversights, including addressing his pal who he mentored Judge Martin Colin, who took early retirement after the post exposed him and his wife Elizabeth Savitt of running a guardianship scam with Judge David French and others and who then recused Sua Sponte off over 120 cases?

Now if there were no problems why did one of the biggest probate/guardian fraudsters Brian O’Connell and his lacky partner Ashley Crispin just get hammered with a 16M verdict in the Olliver Bivins case in W. Palm Beach Federal Court for breaches of fiduciary duties and fraud?

Or why in Texas was a landmark 4 BILLION jury award landed against JP Morgan for similar breaches of fiduciary duties in a multimillion dollar estate case? Times are a changin and it is apparent you my anonymous coward of a friend who is afraid to state your name must be growing fearful of the change and the call for the Feds and for law enforcement to start making arrests of this criminal underbelly of our court system.

In my family’s estate I did file criminal complaints against attorneys Robert Spallina and Donald Tescher and others, which led to admissions under oath and to the Palm Beach County Sheriff by Spallina of the fact that their law firm committed FELONY FRAUD AND FORGERY and FRAUD UPON THE COURT in yet another Colin orchestrated court scheme. One employee of the now defunct firm Tescher & Spallina PA was arrested for fraudulent notarization and admitted to forging six parties names on documents submitted to the court, including post mortem forgeries of my father’s name. Spallina on the stand in a Dec 15, 2015 hearing admitted he fraudulently altered my mother’s trust to change beneficiaries to benefit himself and others who retained him while acting as executor.

There are 10’s of millions missing and once Spallina and Tescher resigned amidst their admissions to PBSO that they had committed fraud and fraud on the court, Colin allowed in to replace them O’Connell and Crispin and the law firm Ciklin Lubitz Martens & O'Connell and you may recall the firm lead name partner Boose who was sent to prison several years ago in another legal fraud scheme he was involved in. Spallina and Tescher were then arrested in a non related case to mine for Insider Trading by the SEC and Spallina pled to a felony count and both of them signed consents to settle the matters.

In my case when we started having arrests and questioning of the lawyers and filed criminal complaints against the judges the retaliation from the courts was swift and severe against me. To shut down my due process rights they put Guardian Ad Litem’s on my children to silence their rights and even put a minor guardianship on my adult son with no competency hearing or other legal processes required and when one turned 18 they would not and have not released him or his brother or their assets and the guardian, former defrocked judge Diana Lewis refuses to let them out.

To silence me, once Colin recused Sua Sponte from all of my family’s cases, one day after denying a mandatory disqualification against himself (he then resigned and took early retirement as the Post stories exposed him and his wife Savitt) , they brought in the “Cleaner” Judge John Phillips, a real piece of criminal cloaked as a judge, who after three years of the cases suddenly held sham hearings and determined I was not a beneficiary of my parents estates and trusts despite the fact that I am a named beneficiary in all of the documents.

This denial of my rights to inheritancy and due process allowed Phillips et al to then start selling off assets with no one to stop or oppose them in efforts to bury the cases and cease the exposure and investigations.

They even sold my parents’ house that my father had listed for approx. 4 Million in Saint Andrews Country Club for 1M to President Donald Trump’s friend, Mitchell Huhem, who days after moving in was found with his head blown off by a shotgun blast to the head and the Sheriff ruled a suicide almost instantly with no proper investigation to the dismay of his family who claimed he was not even close to suicidal he was a motivational speaker.

Yet despite admissions from attorneys of forgery of trust documents and other crimes not one has been arrested and the Sheriff appears to be aiding and abetting the crimes not investigating the judges and lawyers they protect.

Florida needs a Federal monitor over its courts and the Palm Beach County Sheriff and arrests need to be made of these criminals disguised as Judges and Lawyers who are robbing and killing Florida Residents to steal their assets with impunity as if above the law in the Family/Probate/Guardian courts.

The fact that the courts realized that Colin, French and Savitt were running a conflict laden scheme to rob wards of their assets and then moved them around the court system and let Colin take early retirement is acknowledgment of the crimes but with no prosecutions from the self unregulated bar association and judicial qualifications commission, again this is very similar to the fact that no lawyers and judges were arrested for “Robosigning” in Foreclosure cases despite the fact that robosigning entailed Fraud on the Courts, Fraud on the Victims, Mortgage and Bank Fraud, Forgery and Fraudulent Notarizations and not a one arrested and they were still able to snap up the homes they foreclosed on. "

Source, Article Comment
http://www.palmbeachpost.com/news/guardianship-reform-advocates-look-police-for-help/0HgVnhpZDRivXifB2jZIEM/

More On South Florida Corruption, Predatory Guardianship, Guardianship Abuse, Corrupt and overreaching Judges and Attorneys and lot's more.

Estate of Simon Bernstein, Estate of Shirley Bernstein
http://tedbernsteinreport.blogspot.com/


JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS
https://julianbivinsfloridaguardianshipcase.blogspot.com/

Saturday, September 30, 2017

“DEFENDANTS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND FOR NEW TRIAL, AND ALTERNATIVE MOTION FOR REMITTITUR”

JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS

Docket Entry 415


415-1



MOTION FOR ENTRY OF FINAL JUDGMENT ON AFFIRMATIVE DEFENSES OF COLLATERAL ESTOPPEL/RES JUDICATA AND RELEASE - Docket Entry 416

Entry 416 - Motion - BIVINS V. ROGERS ET AL

Filed By Alan Rose and the Mrachek, Fitzgerald, Rose, Konopka, Thomas & Weiss, P.A. Law Firm.

 DEFENDANTS', CIKLIN LUBITZ & O'CONNELL, BRIAN M. O'CONNELL, AND ASHLEY N. CRISPIN, MOTION FOR ENTRY OF FINAL JUDGMENT ON AFFIRMATIVE DEFENSES OF COLLATERAL ESTOPPEL/RES JUDICATA AND RELEASE

Some Quotes from Entry 416

“The Court granted final summary judgment as to Kelly, but denied it as to Defendants.”

“The Same Issues Were Litigated in the Guardianship Proceedings Leading to
the Cited Court Orders as Were Litigated in This Legal Malpractice Case.”

“There Is Privity Between Julian as Personal Representative of the Estate of
Oliver Wilson Bivins and Julian as the Nominated Personal Representative
and the Sole Beneficiary of the Estate of Oliver Wilson Bivins.”

“Florida Law is Well Established That, By Any Test, Julian, as a Nominated
Personal Representative, the Sole Beneficiary of the Estate, the Next of Kin,
and an Interested Person in the Guardianship Proceedings is in Privity in This
Legal Malpractice Case, Where He is the Personal Representative of the
Ward's Estate and the Plaintiff.”

See Below to Read the Full Filing

416
https://drive.google.com/file/d/0Bzn2NurXrSkiRFRURGRUV0ZIMUU/view?usp=sharing


416-1
https://drive.google.com/file/d/0Bzn2NurXrSkiUFVmZzJLUUNqS28/view?usp=sharing

416-2
https://drive.google.com/file/d/0Bzn2NurXrSkicEtCUVRiM1ZJTzg/view?usp=sharing

416-3
https://drive.google.com/file/d/0Bzn2NurXrSkiTi1NM3pkb0NMeFk/view?usp=sharing

416-4
https://drive.google.com/file/d/0Bzn2NurXrSkicTN3ODBaMlJUekk/view?usp=sharing


For More Court Filing in  JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS,
15-81298 - BIVINS V. ROGERS ET AL Click Below

https://docs.google.com/document/d/10s5ECcJoYh0XJkKoI92LD35vpk0mXamwA4_cE9mzWqI/edit

Or

JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS
https://julianbivinsfloridaguardianshipcase.blogspot.com/

Thursday, September 28, 2017

JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS. the 16.4 Million Dollar Landmark Florida Estate, Guardian, Probate Case that Opens Up Details of South Florida Predatory Guardianship

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO.: 15-81298-CV-MARRA-MATTHEWMAN

JULIAN BIVINS v. GUARDIANSHIP OF OLIVER BIVINS

Bivins v. Rogers et al

15-81298 - BIVINS V. ROGERS ET AL


The Complaint

Original Complaint

Exhibit 1



AMENDED Complaint

Exhibit



Here is a Document with over 600 pages of court filings in the case that led to Florida Attorneys Brian O’Connell and Ashley Crispin receiving a 16.4 Million Dollar VERDICT against Them.




Wednesday, September 27, 2017

Guardianship reform advocates look to police for help

"After nearly three hours of grievance and outrage over Florida’s guardianship system Tuesday night, the group of activists and victims had seemingly gotten nowhere.

“It seems to me that we have a problem and no method to reach a solution,” said Dr. Sam Sugar, co-founder of Americans Against Abusive Probate Guardianship, who organized the town hall about guardianship in West Palm Beach.

But Sugar had an idea. He turned to panel member Anthony Palmieri, chief guardianship investigator for the Palm Beach County Clerk’s office, and asked: Would Palmieri arrange a meeting with Palm Beach County Sheriff Ric Bradshaw?

“The sheriff needs to hear what went on here tonight,” Sugar said.

Palmieri laughed and said he’d try.

If there was a common theme at Tuesday’s forum, it was that law enforcement has been largely absent as families say they watch local guardians bilk their loved ones’ estates.

“I would like to hope that we could sit down with Ric Bradshaw and tell him how important these issues are,” said attorney Greg Coleman, a former president of the Florida Bar who is now on the state’s Judicial Qualifications Commission. “Maybe he and his senior staff just don’t know.”

In other states, notably Nevada, police and prosecutors have made multiple arrests of guardians and lawyers accused of abusing their authority over incapacitated seniors. With complete control over a senior’s assets, guardians and lawyers can use the senior’s estates to pay themselves for unnecessary work.

Palm Beach County has not made any arrests.

The Palm Beach Post has reported extensively on cases in which family members of wards claim guardians and lawyers are taking advantage of their loved ones but few involved complaints made to law enforcement. The Post’s series, Guardianship: A Broken Trust, details conflict of interest and claims of favoritism involving former Circuit Judge Martin Colin and his wife, Elizabeth “Betsy” Savitt, who works as a professional guardian.

A federal jury recently awarded $16.4 million against the lawyers of professional guardians to a multimillionaire ward for running up “unnecessary and excessive fees.” The case came from Colin’s courtroom, where the judge lavished praised upon the lawyers. They are appealing the verdict.

State Rep. Emily Slosberg, D-Delray Beach, who was on Tuesday night’s panel, said it was “incredible” that Savitt is still allowed to work as a guardian.

“It’s unbelievable. And something has to be done about it,” she said.

But the problems with Florida’s guardianship system go beyond a lack of criminal enforcement.

“Really, the system itself just needs to be blown up,” Coleman said, and replaced with something that is “more fair, transparent and equitable.”

The Post’s investigations were done by reporter John Pacenti, who joined Slosberg and Coleman on the panel. He said others have suggested reforming the system by capping lawyer’s fees in guardianship cases and requiring lawyers to represent the ward instead of the guardian.

Being a guardian “used to be pro bono, charitable work,” Pacenti said. “It wasn’t about money. Somehow that changed.”

Only one person pushed back from the anti-guardianship tone of the event. Scott Greenberg, a past president of the Florida State Guardianship association.

He disputed, as he said, Sugar’s characterization of guardianships as a “fraudulent, unstoppable engine designed to steal people’s money.”

“There is unbelievable wonderful work performed by professional guardians across this state and across this nation,” Greenberg said.

Several members of the audience stood up, pointing and shouting at Greenberg about how bad guardians had ruined their families and their estates.

Greenberg then challenged Sugar to a debate on Greenberg’s radio show. Sugar accepted.

What The Post Found

The life savings of seniors under guardianship flowed into the household of a former judge and his wife, who is a professional guardian. The series prompted extensive changes in the way guardianship is conducted in Palm Beach County. Read the series at mypalmbeachpost.com/guardianship-colin-savitt


Source
http://www.palmbeachpost.com/news/guardianship-reform-advocates-look-police-for-help/0HgVnhpZDRivXifB2jZIEM/

More information

http://www.mypalmbeachpost.com/guardianships-colin-savitt/

http://www.mypalmbeachpost.com/news/jury-hits-lawyers-with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/

Monday, August 14, 2017

FLORIDA POWER & LIGHT COMPANY vs. SAMUEL J. MCROBERTS

Florida Fourth District Court of Appeal Docket

Case Docket

Case Number:  4D17-2399

Final Civil Other Notice from Palm Beach County

FLORIDA POWER & LIGHT COMPANY  vs.  SAMUEL J. MC ROBERTS

Lower Tribunal Case(s): 502014CA012762XXXXMB

Click for Docket
http://jweb.flcourts.org/pls/ds/ds_docket?p_caseyear=2017&p_casenumber=2399&pscourt=4


EMAIL ME IF YOU HAVE A TIP REGARDING ATTORNEY ALAN ROSE

ReverendCrystalCox@Gmail.com 

JOHN PICKETT vs. MICHAEL J. HUMMEL and MONIQUE HUMMEL

Florida Fourth District Court of Appeal Docket

Case Docket

Case Number:  4D17-1116

Final Civil Other Notice from Palm Beach County


JOHN PICKETT  vs.  MICHAEL J. HUMMEL and MONIQUE HUMMEL


Lower Tribunal Case(s): 502012CA020774XXXXMB

Click Below for Docket
http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2017&p_casenumber=1116&psCourt=4&psSearchType=



EMAIL ME IF YOU HAVE A TIP REGARDING ATTORNEY ALAN ROSE

ReverendCrystalCox@Gmail.com 

ALBERT RABIL and TAMARA RABIL vs. SEASIDE BUILDERS, LLC, ET

Florida Fourth District Court of Appeal Docket

Case Number:  4D17-166

Non-Final Civil Other Notice from Palm Beach County

ALBERT RABIL and TAMARA RABIL vs.  SEASIDE BUILDERS, LLC, ET AL.

Lower Tribunal Case(s): 2016CA006056XXXXMB

Click Below for Docket
http://jweb.flcourts.org/pls/ds/ds_docket?p_caseyear=2017&p_casenumber=166&pscourt=4

DAVID W. ROBERTS and ROYAL PALM PROPERTIES, LLC. vs. CHRISTIE'S GREAT ESTATES, ETC., ET AL.

Florida Fourth District Court of Appeal Docket

Case Number:  4D16-2768

Final Civil Other Notice from Palm Beach County

DAVID W. ROBERTS and ROYAL PALM PROPERTIES, LLC. vs.  CHRISTIE'S GREAT ESTATES, ETC., ET AL.

Click Below for Docket
http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2016&p_casenumber=2768&psCourt=4&psSearchType=

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
http://www.mypalmbeachpost.com/news/jury-hits-lawyers-with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/

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.
http://deniedpatent.blogspot.com/search?q=Labarga

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

http://www.palmbeachbar.org/judicial-profiles/judge-martin-colin/


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
16-331409/29/2016ELIOT 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, 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
https://drive.google.com/file/d/0Bzn2NurXrSkid2h4cnJTWWxhaEU/view?usp=sharing

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
http://tedbernsteinreport.blogspot.com/