judge cook's order

Upload: smallcapsmarket

Post on 10-Jan-2016

19 views

Category:

Documents


0 download

DESCRIPTION

Judge Cook's ORDER SFRX v Volentine

TRANSCRIPT

  • IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

    GENERAL CIVIL DIVISION

    SEAFARER EXPLORATION CORP., Plaintiff,

    v.

    DARRELL VOLENTINE, an individual, Also Known as "BUCCANEER 1961,"

    Defendant. ________________________________ ./

    CASE NO.: 14-CA-8902

    DIVISION: B

    ORDER APPROVING STIPULATED MOTION FOR PERMANENT INJUNCTION AND REJECTING STIPULATED FINAL CONSENT JUDGMENT

    THIS CAUSE is before the Court on the parties' Stipulated Motion for Entry of Consent

    Final Judgment and Permanent Injunction, filed September 30, 2014. After reviewing the

    Motion, the court file, and record, the Court finds that it must REJECT the Motion in part as to

    the Consent Final Judgment, but GRANT the parties' agreed upon consent for entry of a

    Permanent Injunction. The Court finds that the Consent Final Judgment awards damages in the

    amount of over ten million dollar against the Defendant; however, these damages are not

    supported by any competent evidence presented to this Court to date.

    The Court finds that Defendant is proceeding pro se, and in that capacity, admitted via

    his telephone appearance at the September 30, 2014, hearing that he "skimmed" the Motion and

    Consent Final Judgment and Permanent Injunction, and that he simply "wanted this to go away."

    He volunteered that after hearing from the Plaintiff in the prior hearing he had no problem in

    refraining from posting online criticisms of Plaintiff, and that in fact he had not posted anything

    negative regarding Plaintiff for over 48 hours. Accordingly, the Court accepts Defendant's

    1 of2

  • consent to this injunction, but notes that absent such agreement, the Court would not be

    authorized under the law to compel such a broad based injunctive relief.

    The Court has a duty to administer justice and cannot, in good conscience, rubber stamp

    that portion of the motion for Consent Final Judgment at this time, absent an evidentiary hearing

    and proof of entitlement to such damages.

    It is therefore ORDERED AND ADJUDGED that the Stipulated Motion for Entry of

    Consent Final Judgment is hereby REJECTED in part; the parties consent to issuance of a

    Permanent Injunction is GRANTED.

    DONE AND ORDERED in Chambers in Tampa, Hillsborough 0Rf