in the district court of appeal of florida …fifth... · in the district court of appeal of...
TRANSCRIPT
IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIFTH DISTRICT CASE NO. 5D12- 4159
Daniel F. Walsh, (former husband ) L T. .Case No.- DR07-1665 ( Appellant )
vs.
Olga T. Walsh, (former wife ) ( Appellee ) _____________________________/
FORMER HUSBAND' S MOTION FOR A WRITTEN OPINION ON ORDER STRIKING RECOMMENDATIONS OF MAGISTRATE AND INFERRING THE EXISTENCE OF A RACKETEERING ENTERPRISE
The Appellant, Former Husband, Daniel F. Walsh, request that this court issue a
full written opinion in order to facilitate the Former Husband's desire for discretionary
review in the Supreme Court of Florida. Apparently the Florida Fifth District Court
of Appeal has not reviewed the Former Husband's appeal, and a written opinion
shall prove otherwise. According to Florida Rule 9.330 (a) under appellate rules and
procedures requires the movant for such relief to specifically state why, if a written
opinion were written, the Supreme Court would likely exercise its discretionary
jurisdiction to grant further review. The Former Husband and other concerned
Floridians agree it would be of significant assistance to the Bench and the Bar of
this state, and particularly in the public’s best interest with the facts and material
evidence of fraud, perjury, extortion, bankruptcy fraud, and fraudulent practices put
1.
E-Copy Received Jun 3, 2013 11:50 AM
forth in this appeal. The Florida Supreme Court will use its discretionary authority in
not only deciphering this conflicting order, but will be made aware that another pattern
of racketeering has infiltrated the Florida legal community. A detailed written opinion
will also show the material evidence within the entire context of Former Husband's
appeal that former wife's Attorney, Diane l. Paull has conspired to defraud the
court(s) in a pattern of racketeering that ultimately targets innocent victims such as
the Former Husband. Such comparisons are better demonstrated in the discovery
and arrest of Florida Attorney Kelly Mathis, a former Jacksonville Bar President,
and this attorney's participation in the racketeering enterprise “Allied Veterans Of
The World Inc”. Ms. Paull and Mr. Mathis have much in common, in that both are
members of the Florida Bar, and both are the masterminds in a racketeering
enterprise that has perpetrated the Florida Court System.
A written opinion will also clarify how the Florida Fifth District Court of Appeal
determined and affirmed the order of Judge Alexander's interpretation that Former
Husband's lump sum alimony was structured as equitable distribution, and not the
Magistrates findings of fact that the lump sum alimony was structured as support. If this
court actually reviewed the ex spouses Final Judgment it is evident the primary
residence is neither mentioned nor incorporated of having the Former Wife sell the
primary residence in order for the Former Husband to receive the lump sum alimony
owed. In fact, the Florida Fifth District Court of Appeal has received factual
2.
material evidence showing the lump sum alimony was indeed structured by Florida
State Mediator Ned Price as support alimony, and not equitable distribution. Simply
put, there is no basis for Judge Alexander's order in striking the recommendations of
Magistrate Mensh other than a personal agenda, and if this court actually reviewed
Former Husband's brief it would show an obvious conflict of interest. The General
Magistrate's decision in finding Former Wife in willful contempt of the support alimony
owed can neither be argued nor denied. This error alone by the lower court shall be
reason enough for the Florida Fifth District Court of Appeal to reverse this order in
Former Husband's favor, and suggests to the Former Husband that the Florida Fifth
District Court of Appeal has neglected to review the Former Husbands appeal.
Furthermore, if the Florida Fifth District Court of Appeal has actually reviewed the
Former Husband's appeal, a written opinion will clarify how a decision was made
pertaining to the overwhelming factual material evidence that this court received of
racketeering throughout Former Husband's entire divorce and post divorce proceedings.
Without a written opinion it is evident the Florida Fifth District Court of Appeal has
been compromised, and is actually promoting criminal behavior by attorney Diane
L. Paull, and is enabling an actor of the racketeering enterprise.
Former Husband's involvement and knowledge regarding Florida Statute
61.08 and all subsections therein, including but not limited to Former Husband's
expertise and knowledge of “actors' who engage in a racketeering enterprise that a
3.
written opinion will provide a legitimate basis for Florida Supreme Court review that
would be of great public importance that will help enlighten those people who are, and
who will become victims of those “Terrorist” working within the Florida Legal System
as follows :
1) Included within the body of both the Appellant's Initial Brief and Motion To
Expedite is factual material evidence of perjury, fraud, extortion, bankruptcy fraud,
and fraudulent practices over the past (4) years orchestrated by the former wife's pro
bono attorney, Diane L. Paull. A written opinion will also corroborate to the public and
the media that Ms. Paull is indeed a participant, and the mastermind behind a
racketeering enterprise much like fellow Florida Bar member, Florida Attorney Kelly
Mathis, who was recently arrested in another racketeering scheme, Allied Veterans
Of The World, Inc. ( http://jacksonville.com/news/metro/2013-03-20/story/kelly-
mathis-says-arrest-allied-veterans-case-has-ruined-his-life ).
2) This is not your typical court case involving a divorce which makes it of great
public importance. The Former Husband and other victims throughout Florida have
clearly and without a doubt exposed a conspiracy to defraud the public through a pattern
of racketeering currently being conducted within the legal community. That is, there are
those lawyers such as attorney Diane L. Paull, as actors of the racketeering
enterprise who purposely and viciously attack innocent victims orchestrated through
conspiratorial means by inflicting intentional harm predicated upon fraud, extortion,
4.
bankruptcy fraud, fraudulent practices, and terrorism as demonstrated in the Former
Husband's entire divorce proceedings which has now become a breeding ground of such
acts within the Florida Law Section of the Florida Bar. The Florida Fifth District Court
of Appeal has received factual material evidence showing a pattern of racketeering
involving Attorney Paull, and without providing a written opinion the Florida Fifth
District Court of Appeal will consciously be admitting they to are members of the
racketeering enterprise. The primary mission of the racketeering enterprise is of
course “profit over people” while protecting those actors of the enterprise such as
attorney Diane L. Paull that are conducting fraudulent business practices within
the legal community for the purpose of sustaining the racketeering enterprise. Had
the Florida Fifth District Court of Appeal actually reviewed the factual material evidence
of the Former Husband's appeal then the Florida Fifth District Court of Appeal will
recognize that attorney Diane Paull is an active member of the racketeering enterprise.
As an actor of the racketeering enterprise attorney Diane L. Paull shall be defined
as a “Terrorist” according to the Federal Bureau of Investigation and the United
States Department of Homeland Security in the following;
The FBI's Terrorist Research and Analytical Center defines domestic terrorism as
"the unlawful use of force or violence, committed by a group(s) of two or more
individuals, against persons or property to intimidate or coerce a government, the
civilian population, or any segment thereof, in furtherance of political or social
5.