Friday, June 28, 2019


AN ODDITY IN THE COB APPEAL OF THE GMS TEMPORARY INJUNCTION

Now the issue may be nothing more than an overly aggressive attorney asking the district clerk to provide every document filed in the district court to the court of appeals.  This is a rare move.  You only are suppose to ask that the documents relevant to the appeal be filed with the court of appeals.

But I can say with all honesty some attorneys ask  for everything including the kitchen sink for no reason thereby cause the cost on their client to needlessly increase.

JUDGE PATE AS A VISITING JUDGE WAS OBJECTED TO AFTER HIS FIRST HEARING

Judge Pate overruled the objection by Jessica Tetreau's attorney because the attorney for the COB who also represents Jessica Tetreau had already appeared in her name without an objection.

Counsel for the city asked the district clerk to include in the appeal, the district courts self recusal, the appointment of Judge Pate, the objection to Judge Pate, and his order overruling the objection. This implies the city is going to make an issue of it.

So we have two issues, counsel for the city just ordered everything and the kitchen sink without regard to the cost to the city, or the COB intends to challenge Judge Pate's order of not removing himself from the case.

If the latter is the intent of the city, they have no standing.  The objection was made by Jessica Tetreau in her individual capacity.  She is no longer a party to the case.  Further such orders do not stand down are handled by mandamus not interlocutory appeal.

So what we have is an attorney for the COB needlessly increasing the costs of the appeal to the taxpayers, or he has no idea what he is doing.

The city commission really needs to look at this lawsuit, serve Republic with discovery as stated yesterday, and decide if the cost of the appeal is necessary when it can simply end it by getting Republic to pull its bid because of the Tetreau conflict.

Like I said, I like Republic for residential pick up.  I have no issue with them.  But I am convinced if properly asked with subpoena's and a request to drop their bid for commercial pick up, Republic will pull back and this lawsuit and cost to the taxpayers will end.

The new city commission cannot just allow  this lawsuit to continue without proper oversight.


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