Plaintiff’s Agent, the manager of a real estate office, called the Plaintiff and offered his services to the Plaintiff, to evict the Defendants from the Plaintiff’s property, apparently for a fee. Thereafter the Plaintiffs’ Agent prepared the eviction documents for the Plaintiff as wells as Plaintiff’s Objection to Defendant Motion to Strike Plaintiff’s Complaint. The Plaintiff’s Agent knowingly and without the Plaintiff’s knowledge, signed Plaintiffs name on said Objection. The Plaintiff’s Agent also prepared the document entitled Plaintiff’s Answer to Defendants Motion for a More Definite Statement and the document entitled Motion to Reset Hearing. The Plaintiff’s Agent also knowingly and without the Plaintiff’s knowledge signed Plaintiff’s name on these documents. The Plaintiff’s Agent was not truthful when he was asked under oath who had actually signed the documents. Plaintiff’s Agent admitted he had signed the Plaintiff’s name on the Motion to Reset Hearing. Plaintiffs Agent admitted he had signed Plaintiff’s name to the other two above mentioned documents.
Plaintiffs’ Agent had appeared before the Court at the hearing held on June 26, 2012 and represented to the Court, under oath, that he was the Plaintiff.
The Court concluded that the Plaintiffs’ Agent’s behavior and actions in the courtroom were an attempt to prevent the Court from performing its duties, an attempt to commit fraud upon the Court, and an attempt to usurp the authority of the Court.
The Court found the Plaintiffs’ Agent in direct contempt of court for purposely making a mockery of the court system, trying to usurp its authority, trying to impede its ability to perform its duties, and by purposely failing to comply with the Court orders when he had the full ability to do so. The Court found the Plaintiffs’ Agent in violation of Florida Rules of Criminal Procedure, Rule 3.830 and Florida Statutes 38.22, 38.23 for failing to follow the direct order of this Court given to him in person. The court sentenced Plaintiff’s agent to 60 days in the county jail. Needless to say, the landlord lost the eviction and had to pay the tenant’s attorney’s fees.
BADALAMENTI vs. JACKSON. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2012-CC-7218. September 7, 2012. Honorable Wilfredo Martinez, Judge.
Online Reference: FLWSUPP 1913VBAD