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Sunday, August 28, 2016

THE WEDGEFIELD EXAMINER RE-POSTS A ARTICLE ON LEGAL DEFINITIONS - WEDGEFIELD EXAMINER STATISTICS SHOW THAT SOME READERS ARE GOING BACK TO THE FEB. 2016 ARTICLE



The Wedgefield Examiner is re-posting  "Legal Definitions & Information Regarding Rulings, Settlements, Judges, and Information Regarding Who Pays The Referee", published on The Wedgefield Examiner on February 2, 2016.  Why?  Two reasons - 1)  Wedgefield Examiner backboard stats indicated this morning that at least 5 people had gone back to review this article.  2)  Legal/compliance chair/vice president, Garrison was throwing the word JUDGE around again, as in he had a ruling in regard to canal dredging.

As I went back to review the article on the blog I came across something else that will indicate just how Garrison operates to get his several year agenda through.  This also indicates just how far the board will turn their head, shut their eyes, and let him proceed.  In February 2016, I had written the board and asked to review the Beverly documents.  There were three.  Your board had paid the WPA share of the REFEREE expense.  The first two, each approving INDIVIDUAL assessment, for the last two residents who hadn't paid the $5,000, both signed as I have showed you before, by Beverly.  This should have been a big LEGAL moment for the WPA.  The settlements were never announced from the board table.  The board collects according to the settlement on one of the residents.  They RELIED on the settlement.   Almost 1 1/2 years later, Garrison goes back to the board, and then back to Beverly - paying again, for the now last resident, who had the same SETTLEMENT, as the first, but this 3rd SETTLEMENT disavows INDIVIDUAL ASSESSMENT.

In February 2016, I receive a answer from the board telling me that I can review the records,  When the WPA office answers me, they include a statement Garrison has sent to the office advising them how to deal with the request.  "On Mon., Feb. 1, 2016 at 4:57 PM, Bob Garrison (removed email address) wrote:  Adam:  I have no objection, she can have copies of both the bogus and the final."  Yet, president Walton continues to name him, LEGAL CHAIR.  This smells so that - enough said.

HERE IS THE ARTICLE:
The Wedgefield Examiner, has spent time on legal sites reviewing definitions of the words your board has been throwing around, regarding the papers issued by REFEREE Beverly.  I say referee, because if you reviewed the documents, that is the title, following his name.  DeMarchi, and Garrison, have each argued the term judge.  Garrison, has used the term ruling, in regard to the papers, signed by Beverly, who calls himself, REFEREE.  Review the definitions, go to legal sites, and search for yourself.  In the end, you'll find we have a SETTLEMENT, by a REFEREE, who your board paid twice, on the recommendation of Legal Chair Garrison.  Why twice?  We'll never know, because your board never divulged from the board table that we had the first settlement, until they were forced to.  Then they reluctantly said, even though the first SETTLEMENT bore Beverly name, that he didn't sign it, didn't know who signed it, never investigated who signed it, and moved onto a second settlement, and paid Beverly AGAIN.

THE WHOLE THING SMELLS OF POOR, POSSIBLY MANIPULATED SETTLEMENTS, AT OUR EXPENSE, ON CRITICAL ISSUES, WITH MISREPRESENTATION OF TERMS, AND OUTCOMES, AND WHAT THEY MEAN FOR OUR FUTURE.  



Settlement in legal terms refers to when parties to a lawsuit resolve their difference without having a trial. Settlements are negotiated by their parties, usually through their attorneys and/or insurance adjusters, but final approval of a settlement offer must rest with the parties to the lawsuit. A settlement reached just before trial or after a trial or hearing has begun is often "read into the record" and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with. Many states require a settlement conference a few weeks before trial in an effort to achieve settlement with a judge or assigned attorneys to facilitate the process. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. The settlement agreement in a civil lawsuit is the document that spells out the terms of an out-of-court compromise.
Out of court settlement or negotiated settlement is the resolution of a dispute initiated and completed outside of the formal judicial process, without judicial intervention, supervision, or approval. An out-of-court settlement provides that the parties relinquish their rights to pursue judicial remedies.

ruling


JUDGE: A public officer chosen or elected to preside over and to administer the law in a court of justice; one who controls the proceedings in a courtroom and decides questions of law or discretion.

Referee

judicial officer who presides over civil hearings but usually does not have the authority or power to render judgment.

A referee makes recommendations to the judge or court that appoints the referee but generally does not issue enforceable orders. A referee generally cannot render judgment in a case. The referee's general duty is to provide a report to the appointing judge on the issues of fact or law that prompted the referee's appointment. It has been said that "nothing can originate before a referee, and nothing can terminate with or by the decision of a referee." Referees generally serve at the pleasure of the judge and accordingly hold less judicial authority than the appointing judge. As a judicial officer, a referee is subject to the Code of Judicial Conduct.

  1. What do Referees do?

    In complex cases, parties can agree to have a Referee help them move their case along. Referees can help the parties exchange papers, and help settle some of the issues so the trial can be shorter. Referees often decide on discovery disputes. Usually, the Referee will recommend a solution to the Court. The Judge can accept the recommendation and make it final. Sometimes, parties ask the Referee to settle the whole case. Parties can give the Referee as much authority as they want. This can make the process go faster. If they want, parties can agree (stipulate) to make a Referee’s decision "binding" (final).
     Who chooses the Referee?
  2. The parties can choose their own referee. Or sometimes, the court appoints a referee. If the court appoints a Referee, the parties have 15 days to object in writing if they are not happy with that Referee. 
  3. How do we choose a Referee?

    Choosing a Referee is just like choosing a mediator. Parties must find someone everyone can agree to use. The ADR Administrator has a list of mediators, neutral evaluators, and private arbitrators who can help you with your case.

  4. Who pays for the Referee or Special Master? 

    The parties pay the Referee or Special Master. The parties decide on how to divide the fee. 
     
  5. What are the qualifications of Referees and Special Masters?

    Choose someone who knows about the area of law that is involved in your case. Choose someone with good personal skills and who is a good negotiator. It also helps to choose someone with experience in handling court cases. Choose someone you think will be fair to all parties, who can listen, and who can sort out the different facts and understand the legal questions.