Crime scene evidence goes here for prosecution of cases by the Pinellas State Attorney's Office. Located across the street from the Courthouse and the jail.
Evidence Used Against You? Call Casey at 813-222-2220 .
In reviewing summary-judgment affidavits and declarations, the Eleventh Circuit and other courts have held that similar statements of “belief” or “understanding” do not reflect personal knowledge and should be disregarded.
They're also not relevant for the same reason:
Because Rosen has not shown any personal knowledge about whether the parties entered into an arbitration agreement, his statements about that subject are also irrelevant.
How refreshing!
In other news, a few tipsters advise of another big checking overdraft settlement.
If the "anticipated" becomes the reality -- congratulations!
Oh yeah, Super Bowl yada yada yada, commercials M&Ms yada yada yada (ok, it was a pretty good game and Madonna rocked the house).
“I checked the Citizens Clean Elections Commission Web site this morning,” the chief justice said, “and it says that this act was passed to, quote, ‘level the playing field’ when it comes to running for office. Why isn’t that clear evidence that it’s unconstitutional?”
Um, I don't know, because your morning browser history is not part of the record on appeal?
I don't mean to pick on Steven Chapman Fraser, who was appearing at a hearing recently on behalf of David J. Stern.
Hey, a guy's got to work.
But take a gander at this transcript of a motion for rehearing on a foreclosure summary judgment previously granted by Pinellas County Judge Anthony Rondolino.
Judge Rondolino starts by saying there is substantial merit to the rehearing motion, and wants to hear what the bank has to say.
Fraser, appearing by phone, responds with general stuff about the rehearing standard.
Judge: "Did you not read the motion?"
It goes downhill from there.
At one point Fraser attempts to rebut arguments regarding the admissibility of an affidavit submitted in support of the sj, which defendant objected to:
Mr. Fraser: Yes, Judge. You know, Courts can take hearsay evidence at the summary judgment proceeding. I believe there is a case -- I don't have it with me --
The Court: Yes, what is that, Courts can take it?
Mr. Fraser: Yeah. Sure. My understanding is that the Court at the summary judgment level can accept hearsay.
The Court: Over objection? I --
Mr. Fraser: I do have a case that stands for the proposition, not on me, that Courts can take hearsay evidence at the summary judgment level.
The Court: Okay.
Mr. Fraser: Whether or not over objection, if it's objected to, I --
The Court: Over objection?
Mr. Fraser: I have no case to either support or refute that.
