June 13, 2009

"Somebody is going to get locked up"...

In reading back over the giant mound of paperwork, I found the transcript from the Excerpt- Judge's Opinion BEFORE THE HONORABLE FRED L. BORCHARD, CIRCUIT JUDGESaginaw, Michigan-April 9, 2007

The Court: "All right. Thank you. The court would note for the record, I have looked at the court file and I'm familiar with this case from its inception, when the attorneys were initially before the Court. Efforts were made as both counsel have indicated to try and resolve this case through facilitation and has not been successful.

The Court is going to order sale of the property. I am going to appoint David Meyer as the individual that will be in charge of the sale at the best possible price. The Court is not going to order costs or sanctions at this time, and I will take the matter under advisement as to payment of any attorney fees following the sale of this property.

The Court also is going to order that the property is not to be wasted in any way, shape or form, nor any of the personalty that is within the property. I'm not going to stop the parties from using the property as they've done in the past, and the sale will move forward as expeditiously as possible under the sole direction and discretion of Mr. Meyer.

The Court would note if after reasonable time the property cannot be sold, then--that it will be put up for auction and auctioned off at the best possible price. ...that is the decision of the Court.

MR. STURTZ: One clarification, Your Honor, you mentioned something about personal property. Personal property is to remain in the cottage?

THE COURT: Yes. It's not to be removed, sold, stolen, anything of that nature, and if the property does turn up missing, somebody's going to get locked up, so--"

This is an excerpt from the judge's opinion that was rendered on April 9, 2007. On April 27th, our attorney spoke with Mr. Meyer in regard to the court's order of April 18, 2007 appointing him as a receiver to carry out the sale of the property. Mr Meyer was suprised by the phone call because he was unaware that an order had been entered by the court. The court had not provided to him a copy.

And so it went. We were now in the hands of Mr. Meyer. Let's just see how much he could bungle this up. More to come.... in the meantime.. "nothing is to be removed.."

18 comments:

Anonymous said...

So at that point-- was there an inventory taken of the premises? Is this when Slymons stepped up his accusations of thievery?

Anonymous said...

Who was Mr. Meyer? Was he someone in cahoots with the Judge or Slymons or both? Still don't understand how Slymons got the inside track and was seemingly able to swoop in and buy the place with no competition from any other buyers??

Anonymous said...

Also- under what grounds was Slymons motioning for sanctions, court costs, attorney's fees, etc? He's the one that started this mess, filed motion after frivolous motion, blew off court (sending in Slymons Jr. but now empowering him to do anything) etc. etc.

If anyone should have been facing sanctions, it should have been David C. (u next tuesday!) Slymons!

Anonymous said...

Great headline, btw. You're getting really good at dramatizing the story--- just need to start posting photos!! ESSENTIAL.

Anonymous said...

Let's make everything a little more crazy in regards to the legal system....

The lawyer that was appointed to oversee "Slymdog's family rip off" was a partner of the judge at one time....if you can believe that.......also the judge and the appointed lawyer actually own a sail boat together......

So when old Slymdog got the ball rolling.... Mrs. Lee was at the mercy of a jealous brother and lawyers that were in bed together......and still are!!!!!

Joey said...

As for the court costs and attorney fees... David was under the impression and insisted that his costs would be paid by the other owners. He did not expect to pay a dime. Wait until you see just how much his attorney billed!! Unbelievable...

Anonymous said...

"David was under the impression and insisted that his costs would be paid by the other owners."

Why on earth should they be? What gave him this false belief?

Joey said...

In partition cases, it's not uncommon for the plaintiff's costs to be paid from the sale. His attorney probably gave him this information. Unfortunately, the law can be interpreted differently..so, it wasn't a "sure" thing...he just assumed. And preceded to run as big a bill up as he could.

Anonymous said...

And look at those black, K-Martish looking chairs. Old Slymdog probably picked them up at the Ben Franklin in Grayling.

Anonymous said...

Oops! my last comment about the black chairs was meant for the other post on the ugly new swing.

Speaking of "Swing"ers, maybe that's why Slymdog perpetrated this pre-meditated takeover of the cottage. So he and Carol could be free to purse their favorite pastime!
:)

Whatever gets their jollies off! :)

Anonymous said...

He probably had his two boys steal them from somewhere, or maybe old skurtz oops I mean perv oh sorry again sturtz gave them to him as a house warming gift.

Anonymous said...

The boys are definitely pervs. Not only were they on look out for the comings and goings of the Lee/Slymons/DeGeus/Jenkins cottage- but they were also known to peep in windows of other cottages at night.

Those two Slymons boys always had a Norman Bates/ Psycho quality about them.

Joey said...

Didn't everyone peep in windows?? I know my mother and her gang did a lot of that in their day!! It's what you do up there isn't it??? :)

Anonymous said...

"Didn't everyone peep in windows??... It's what you do up there isn't it???"

Yeah I guess. And getting wasted at Pinewoods, staggering home on the back road or front path in the middle of the night.

Anonymous said...

""Didn't everyone peep in windows??... It's what you do up there isn't it???"

But I draw the line at watching old farts undress... gross!

Joey said...

Yeah.. if you're going to peep..you better be prepared for what you see!! I was always more concerned about where the tree roots were while wandering home from PW or CG in the dark.. while intoxicated!!

Anonymous said...

just remember which side the lake is on and you'll be fine. For the roots they sure aren't in the same place as when we were younger. ouch

Joey said...

Good advice. Keep the lake on your left when coming back from CG. Another tip? Pick your feet up. Step high. And yeah..those damn roots sure have moved around on me....