Filed Motion to Vacate at Trial Court, Filed Amended Appellate Brief, Governor and Attorney General Claim No Jurisdiction Due to Process Issue
There were a few filings in my case yesterday and the day before so I will provide them below for download.
On Tuesday 2/18/2025, Governor DeSantis and Attorney General James Uthmeier, in their fight to keep mRNA on the market, argued through their attorney in a filing Notice at the Appellate Court that the Appellate Court (and the Circuit Court) does not have jurisdiction because the Appellees/Defendants were not served a Summons with the Initial Complaint. Therefore, the Appellees/Defendants will not be filing an Answer Brief.
They are correct that a Summons was not included with the Initial Complaint when process served. However, the case was already dismissed prior to service. This is an additional error by the Trial Court in my opinion.
So, yesterday 2/19/2025 I filed with the Trial Court a Motion to Vacate the Dismissal ORDER on December 9, 2024, and the Denial ORDER on December 19, 2024. I include in this filing a new Case from the First District Court of Appeal that came out yesterday. In the case it states, “Pursuant to rule 1.070(j), it is only after notice is given that a court on its own initiative may dismiss an action without prejudice.” Pace v. Dixon, No. 1D2023-2046 (Fla. 1st DCA Feb. 19, 2025). My appeal is at the 1st DCA.
Per this same rule I have 120 days to provide service, so I did not have an opportunity to cure this defect, which I should have. The case I just referenced is attached to the Motion to Vacate. Here is my Motion to Vacate.
Yesterday, 2/19/2025, at the Appellate Court, I also filed a Motion to Amend the Initial Appellate Brief so that I may include this additional error by the Trial Court.
Yesterday, 2/19/2025, at the Appellate Court, I also filed an Amended Appellate Brief to include this error.
While this all makes it a bit convoluted, and I would have preferred not to have made this error, it brought to my attention an additional issue that could help my appeal.
I’d expect a quicker answer from the Trial Court on my Motion to Vacate.
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Dr. Joseph Sansone is a psychotherapist opposed to psychopathic authoritarianism.
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I've always said that DeSantis is a FRAUD!
He ALLOWED the release of EVIL Bill Gates' BIO-WEAPON Mosquitoes in to his state.
ALL Floridians should be suing his ass off, just for THAT!
I am so tired of Florida’s now undeserved recognition as a “free state,” when our legal and political leadership refuse to recognize data from hundreds of peer reviewed studies and unbiased scientists and our own Surgeon General. Given the condition of the State’s Republican Party I fear that next election we could lose our SG and move further in the wrong direction.