June 25, 2009

All sorts of crazy....

As I mentioned earlier, David filed a motion to facilitate sale and filing of the receiver's report on Aug. 6. We filed an answer to the motion on August 15. The court ruled on Aug. 24 to sell the cottage to David. On September 6 we filed a motion for reconsideration. If anyone is lost in the time line you may reference everything by accessing the Saginaw County Circuit Court site and enter David Symons' name. It'll all come up. Pages and pages and pages.

On September 20 our attorney forwarded to us a letter that he received from Phillip Sturtz written to David Meyer dated Sept. 19th as well as a response to our motion for reconsideration. He also enclosed a copy of our answer to the new matter and affirmative defenses. He said "As you will note in the answer, a response to the motion for reconsideration is not allowed under the court rules. In filing such a response, plaintiff has violated the Michigan Court Rules". No big deal except you have to pay to respond and answer these crazy motions. The gist of their arguement was they wanted it sold NOW plus they were concerned about "payment of attorney fees for the Plaintiff for having to bring this suit pursuant to Court rule, and the Receiver's fees and costs to be deducted from the purchase/sale price.

While all this was going on, David Meyer was getting phone calls from a prospective bidder. In a letter addressed to counsel he relayed the concerns of the prospective bidder regarding the right of first refusal. He stated that "I explained that the right of first refusal was given to the Association..." He went on to say he'd had several letters from Mr. Sturtz asking to confirm that the right of first refusal in favor of family members continues. "I have not confirmed this, because I was concerned that by doing so it would jeopardize my ability to recieve additional bids."

We were actively in discussions with Mr. Meyer via the "third party". What we learned was rather astonishing and while the bid never did happen, it was not without serious consideration. What we got out of it?? A BIG FAT CASE for appeal.

10 comments:

Anonymous said...

"" He went on to say he'd had several letters from Mr. Sturtz asking to confirm that the right of first refusal in favor of family members continues."

Who was the would-be bidder?

Sounds like Phil Sturtz really stepped on his dick here. He was actively attempting to influence Mr. Meyer to scare off other bidders.

Did Mr. Meyer step on his dick, too? What's this BS about the family having the first right of refusal? It's the association who had first right of refusal- even if they were never given that right.

Can't wait till Uncle Slymey files the final order- so you can file your BIG FAT APPEAL!

It will be SO GREAT to get this case kicked out of the good ole' boy network of Saginaw cronyism!

Anonymous said...

Guys, it looks like you have a serious shot at winning your cottage back through a state APPEAL!

Yeah!

And when you reclaim what is rightfully yours, make sure to have it fumigated and de-slymed.

Anonymous said...

Do Uncle Slymey and his legal commandos have any certain deadline in which to file for their dubious 'final order?'

Joey said...

Our attorney asked Phil if he would please submit the request for a final order. (they are supposed to do it) He basically said "no". We asked our attorney to do it. He's been busy, but will get to it. They will have 7 days to respond. Can't imagine what their "answer" will be. Otherwise, the courts have a system for monitoring "open" cases. They get on the judge to clean up business if they go too long.

Anonymous said...

I can see you guys NOT filing an appeal. I'm sure Josephine has had enough with ole slymebag. I'd hate to have to deal with him again. Prove me wrong but I know how it is

Anonymous said...

"I'm sure Josephine has had enough with ole slymebag."

I'm sure she has, but she can sign her power of attorney over to her kids, who have a lots of smarts and spunk. Let them duke it out with Uncle Slymey.

Anonymous said...

Are they all in for it? Money sense?. I'm sure I would fight to the death and make slymons pay for mental anguish, among other things.
I hope you all want to fight this thing. I can't stand for slymie to be using something he stole. Good-luck

Anonymous said...

Sounds like Phil Sturtz really stepped on his dick here. He was actively attempting to influence Mr. Meyer to scare off other bidders.


wouldn't this be considered bribery and an offense?

Anonymous said...

How could they not appeal? There's at least 150K at stake from the gross undervaluation from which David appropriated the cottage.

Plus, their value in the Association has been ridiculously discounted.

And it seems like Phil Sturtz should almost be arrested for bill padding.

Hope the 22K in legal fees mentioned in the next post did not come off the top of the 575K at least.

Anonymous said...

Never F#$k with someone's mother!

I would KILL anyone who F@&ked with my mom!!

COMPLETELY understand where the Lee kids are coming from, and support them 100%!