judge cook's order
DESCRIPTION
Judge Cook's ORDER SFRX v VolentineTRANSCRIPT
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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
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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