Gma Kat
Wantonly distributing my opinion........
- Joined
- Sep 13, 2008
- Messages
- 1,665
- Reaction score
- -5
First Themis, bravo. Loved your post. Always do.The problem is -- serving the Sheriff's Office is not the proper way to serve the proper defendant, the County. The jail is just a function of the government agency -- the Sheriff's Office. The Sheriff's Office is just an agency under Orange County, FL. The County is the "sui juris" legal entity. In order to serve a County it must be delivered to the Clerk of the Board of Supervisors. Until he serves the Clerk of the Board of Supervisors, it isn't served on the County. The County is not a party to this litigation. The parties are the State of Florida and ICA; until someone else is joined or intervenes for a limited purpose, obviously since it is a criminal prosecution. This really should be separate and independent civil litigation and not brought as a motion in a criminal trial at all. The judge sitting in a criminal trial does not have subject matter jurisdiction to make operational changes at the jail or deal with the public records act.
My :twocents:.......In my day, approx. 3,000 years ago, it was my job as a mere secretary :Banane37: to ensure a motion was served on the appropriate parties :balloons:. A really good attorney provides this info to his secretary.....a really good secretary already knows :blushing:........JB and his office have demonstrated repeatedly that they neither understand the basic principles of law nor do they know how to open up a book to read the codes covering civil procedure