Florida Attorney Diane L. Paull (Defendant) Answer(s) To Fraud On The Court

Filing # 136679896 E-Filed 10/15/2021 05:06:53 PM

IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST JOHNS COLINTY, FLORIDA Case

No. CA202l-0645

DANIEL F. WALSH, Plaintiff, Vs.

ATTORNEY DIANE L. PAULL, et al Defendant(s)

And

OLGA T. WALSH, et al, Defendant(s).

I DEF'ENDANT'S ANSWER TO PLAINTIFF'S INDEPENDENT ACTION FOR FRAUD ON THP COURT AND NOTICE OF PLAINTIF'F'AMENDING F'RAUD ON THE COURT COMPLAINT ACCORDING TO FLORIDA RULE 1.190.(a) AND AF'F'IRMATIVE DEF'ENSES

COMES NOW, Defendant, Attorney Diane L. Paull, only, and files her Answer to Plaintiff s Independent Action for Fraud on the Court and Notice of Plaintiff Amended Fraud on the Court Complaint (sic). Defendant Paull shall attempt to answer the Paragarphs in the order listed by Plaintiff, as none are numbered or otherwise specifically enumerated.

1.

Defendant, Attorney Diane L. Paull, only, (hereinafter "Defendant Paull") neither

admits nor denies the allegations contained

in the first and second

paragraphs

of Plaintiffs

for Fraud on the Court (hereinafter "statement") for lack of sufficient information on which to form a belief and leaves Plaintiff to his proofs. To the extent any

Independent Action

allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

2.

Under the section entitled JURISDICTION AND VENUE, on page 2, Defendant

Paull neither admits nor denies the allegations regarding Plaintiff Daniel Walsh and any other Defendant. Defendant Paull denies any and all allegations regarding jurisdiction and venue against her, as Defendant Paull is a resident of Duval County, Florida, and has been since 1995. Defendant

Paull denies any and all other statements in the Paragraph entitled Jurisdiction and Venue.

3.

Underthe section entitled FRAUD BY THE "BAD ACTORS" beginning onpage Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2L-645 Page 1 of8

3, Defendant Paull neither admits nor denies Plaintiff s statements about extrinsic fraud or any other legal citations he includes therein. Defendant Paull denies any and all allegations contained in the section referenced above, including the case Plaintiff continues to refer to pending in Duval County that Plaintiff filed against Defendant back in 2008, Defendant Paull was never served; no action has moved forward, and no hearing has ever been set. Plaintiff appears to just use this case

to dump rants and other statements against Defendant Paull for his own purposes. A case filed in the Clerk's office, into which apartyjust dumps unrelated and unfounded rantings and ravings about random matters against random parties, without ever serving a Defendant and without any hearing by the court, cannot be cited as evidence of anything. To the extent any allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

4.

Under the section entitled FLORIDA SUPREME COURT DISCIPLINE oF

ATTORNEYS, Defendant Paull neither admits nor denies Plaintiffls statements therein but denies any such allegations as they may relate to Defendant Paull. To the extent any allegations could be construed to relate to Defendant Paull, she denies any and

all such allegations. Plaintiff filed at

least four complaints with The Florida Bar with these similar allegations. Each and every complaint filed by Plaintiff was determined by The FloridaBar to be unfounded and to have no

merit. In the last such complaint, Plaintiff was cautioned by The Florida Bar not to submit any further repetitive allegations against Defendant Paull.

5.

Under the section entitled

wE MUSTN'T (SIC) FORGET THE HONORABLE

JUDGES, Defendant Paull neither admits nor denies any statements regarding the legal proceeds in Plaintiff s divorce back in 2008 or 2012, as the Court's own record is the best evidence of those

proceedings. For the record, the Consent Final Judgment entered in that divorce was negotiated

by the parties at Mediation with a Florida Certified Mediator, voluntarily signed by Husband (Plaintiff herein) and Wife (Defendant Paull's client in the divorce) and entered by the Court on October 27,2008, some 13 years ago. There was no hearing or trial with the Judge, thus, the

requirement for findings or evidence is obviated by the consent of each party to a settlement agreement. Defendant Paull neither admits nor denies the allegations in the paragraph beginning at the top of page 4

for lack of sufficient information on which to form

a

belief and leaves Plaintiff

to his proofs. Defendant Paull denies the statement that the judgment entered by the Court in the divorce case or any order entered in that matter is void, as there is no basis in law or fact for such Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 2 of8

statement. And how that would relate to Defendant Paull is undetermined, as she only represented the former wife and was not apatry to the action or any judgment entered therein. In the second

full paragraph on page 4, Defendant Paull neither admits nor denies the allegations contained therein regarding "Family Court Comrption" as alleged by

Plaintiff. Defendant Paull neither

admits nor denies any statements regarding the presiding Judge in the divorce case and any actions he took or Order(s) he entered almost 10 years ago. In response to the last paragraph that starts on page 4 and ends at the top of page 5, Defendant Paull neither admits nor denies the allegations

for

lack of sufficient information on which to form a belief and leaves Plaintiff to his proofs. To the extent any allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

6.

Under the section entitled PRELIMINARY STATEMENT, Defendant neither

admits nor denies the allegations in the paragraph on page 5 for lack of sufficient information on

which to form a belief and leaves Plaintiff to his proofs. PlaintifPs allegations against Defendant

Paull regarding some "diabolical scheme" and other histrionic allegations are unequivocally denied as false and unfounded. Any statements made by an attorney, such as Defendant Paull, acting as attorney for the former wife, during the course ofjudicial proceedings are awarded full

immunity r.mder the litigation privilege. Plaintiff s claim citing RICO cannot be brought in a state court, as such is a federal

law. To the extent any allegations could be construed to relate to

Defendant Paull, she denies any and all such allegations.

7.

Under the section entitled PARTIES, Defendant Paull neither admits nor denies

the allegations regarding Plaintiff s residence, conduct, business pioneering, his father, etc., for

lack of sufficient information on which to form a belief. None of these allegations relate to Defendant Paull and to the extent any allegations could be construed to relate to Defendant Paull, she denies any and

8.

all such allegations.

Under the section entitled Defendants, Defendant Paull neither admits nor denies

the allegations contained in that paragraph on page 6 for lack of suffrcient information on which to form abelief and leaves Plaintiff to his proofs. To the extent any allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

9.

Under the section entitled Defendant Paull at the top of page 7, Defendant Paull

denies each and every allegation contained in that paragraph. Additionally, any statements made

Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 3 of8

by an attomey, such as Defendant Paull, acting as attorney for the former wife, during the course of judicial proceedings are awarded full immunity under the litigation privilege. To the extent

any allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

10.

Under the section entitled THE COMPLAINT in the second paragraph on page 7

and continuing onto the top of page 8, Defendant Paull denies each and every allegation contained

in that section. Additionally, any statements made by an attorney, such as Defendant Paull, acting

as attorney for the former wife, during the course of judicial proceedings are awarded full immunity under the litigation privilege. To the extent any allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

11.

Under the section entitled SEQUENCE OF FACTS, which begins on page 8 and

continues on page 9 and 10, Defendant Paull neither admits nor denies any statements regarding the legal proceeds in

evidence

Plaintiff s divorce back in 2008 or 2012,

of those proceedings. Additionally, any

as

the Court's own record is the best

statements made

by an attomey, such

as

Defendant Paull, acting as attorney for the former wife, during the course ofjudicial proceedings

are awarded

full immunity under the litigation privilege. As to any allegations that may be

construed against Defendant Paull, she hereby denies all such allegations. Ptaintiff s allegations related to a hearing before the General Magistrate and then a rehearing before the Judge are wholly

irrelevant to Defendant Paull, as she was not a party to that litigation, and at certain times, simply acted as attorney for the former

wife. To the extent any allegations could

be construed to relate to

Defendanl Paull, she denies any and all such allegations.

12,

Under the section entitled CONCLUSION, Defendant Paull neither admits nor

denies the allegations contained in that paragraph,in

total. Additionally, any statements made by

an attorney, such as Defendant Paull, acting as attorney for the former wife, during the course

of

judicial proceedings are awarded full immunity under the litigation privilege. The case cited that is pending in Duval County at l6-2008-CV-008884 has never been served on Defendant Paull, has

never been,heard by the Court and no rulings have ever been issued. Thus, Ptaintiffls reference thereto is misplaced as anyone can file a lawsuit in court; until heard and a decision issued by the

presiding Judge, it means nothing. To the extent any allegations could be construed to relate to Defendant Paull, she denies any and all such allegations.

Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 4 of8

13.

Defendant Paull requests an award of fees and costs for her time as a licensed

attomey forced to respond for an untold number of times to Plaintiff s unfounded and legally insufficient allegations against her. To the extent any allegations could be construed to relate to Defendant Pau1l, she denies any and all such allegations.

14.

Any and all allegations against Defendant Paull contained anywhere in the various

and random pages

of Plaintiff s "Independent Action" are denied by Defendant Paull.

AI'FIRMATIVE DEF'ENSES Defendant, Diane L. Paull, only files the following Affirmative Defenses to the action filed

by Plaintiff Daniel F. Walsh, as follows:

(1)

Statute of Limitations

- Plaintiff s action, whether founded in fraud or any other

allegations sprinkled throughout his "Independent Action for Fraud on the Court", is barred by applicable Statutes of Limitation in Florida, found at Florida Statutes. Section 95.1

l.

Subsection

(3Xj) provides for a four (4)year statute of limitations on, "A legal or equitable action founded on

fraud." Plaintiffs claims arise from his initial divorce proceeding, in which a Consent Final Judgment of Dissolution of Marriage was entered between Plaintiff and his former wife on October 18, 2008.

Plaintiff also refers to a contempt hearing by Motion which resulted in an Order entered

by the Court on September 19, 2012.

Under either matter, assuming any of Plaintiff s claims as alleged could even be brought under Florida law, such matters are time-barred by the four (4) year limitations period. seeks

If Plaintiff

to support his claim on a judgment or decree of any court of this or any other state, assuming

any claims as alleged could even be brought under Florida law, the Statute of Limitations for such matters is five (5) years; see F.S. 95.11(2Xa). ooAn action on

a

judgment or decree of any court, not

of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign

country." And,

Statute of Lirnitations for A11 such

as a

final "catch-all", F.S. 95.11(3Xp) establishes a five-year

"Any action not specifically provided for in these statutes."

time periods have long since lapsed and Plaintiff is time-barred to raise his claims

from 2008 or 2}12,even if any legal or factual merit were to be found therein.

Plaintiff attempts to use Florida Rule of Civil Procedure 1.540 to presumably set aside an Order entered in the Family Law case between Plaintiff and his former wife, which would fall under Florida Family Law Rules of Procedure 12.540. Under either set of Rules, there is a one (1)

Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 5 of8

year time

limit for bringing such actions

against the other party.

Plaintiff goes further, however,

and tries to claim Defendant Paull committed a fraud upon the Court, so he can use a section

of

this rule which states, "This rule does not limit the power of a court to entertain an independent action to relieve aparty from

a

judgment, decree, order, or proceeding or to set aside a judgment,

decree, or order for fraud upon the

court." How Plaintiff loops in the attorney for his former spouse

remains a mystery.

Fraud on the court "occurs where it can be demonstrated, clearly and convincingly, that a

party has sentiently set in motion some unconscionable scheme calculated to interfere with the

judicial system's ability impartially to adjudicate a matter by improperly influencing the trier of act or unfairly hampering the presentation of the opposing party's claim or defense." See Amato

v. Intindola, 854 So. 2d 812,814 (Fla. 4th DCA 2003) (quoting Cox v. Burke,706 So. 2d 43,46 (Fla. 5th DCA 1998)). These cases refer to perjury or conduct by the parties, such as false financial statements or material misstatements or misconduct, upon which the Court was to rely by the party

in the action. "The standard of proof is high as Coxholds that there must be clear and convincing evidence of a calculated, unconscionable scheme of deception prior to imposing the sanction of dismissal". o'A Serious Penalty for Perjury", The Florida Bar Joumal, Vol. 73, No. 2, February

1999. No such action is provable under the circumstances alleged in Plaintiff s Complaint, and certainly not l3 years after entry of the Final Judgment.

(2)

Lack of Jurisdiction/Improper Venue

- Plaintiff has filed this action in St. Johns

County Circuit Court, without alleging a legal basis or grounds to meet the circuit court monetary

threshold. More importantly, however, is the lack of personal jurisdiction over either party.

Plaintiff admits he is a resident ofthe State of Pennsylvania. Defendant Paull is a resident of Duval County, Florida. Thus, Plaintiff has improperly filed his action in St. Johns County Circuit Court

without alleging the proper bases for jurisdiction over either party or proper venue for this court.

(3)

Laches

-

F.S. 95.11(6) states, o'Laches shall bar any action unless it is commenced

within the time provided for legal actions concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his or her rights and whether the person sought to be held liable is injured or prejudiced by the delay."

Laches is an omission to assert a right for an unreasonable and unexplained length of time, under

circumstances prejudicial to the adverse party. Ticktin v. Kearin, 807 So 2d 659 (Fla. 3'd DCA Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 6 of8

2001). In determining whether delay constitutes a bar to a claim, the court must look to whether the delay has resulted in injury, embarrassment or disadvantage to any person, particularly to the person against whom relief is sought, whether the delay has been such a practically to preclude the

court from arriving at a safe conclusion as to the truth of the matters in controversy, and whether,

during the delay, there has occurred a change in conditions that would render enforce the right asserted." Brumb), v Brumby

(4)

,

it inequitable to

647 So 2d,330 (Fla. 4th DCA 1994).

Failure to state of cause of action for which relief can be granted. Plaintiff has

failed to present sufficient facts to prove the elements of any cause of action against'Defendant Paull in his "Independent Action for Fraud on the Court" that would allow entry of any judgment against Defendant

Paull. The allegations surround the PlaintifPs divorce case in St. Johns County

Family Law; which occurred between Plaintiff and his former wife over 13 years ago. Defendant Paull was periodically the attorney for the former wife, defending her in the initial proceedings and various post-judgment motions.

Plaintiff and Defendant Paull have no connection, no dealings

directly together, no contract, no injuries, no interaction of any kind, other than Defendant Paull's role as Plaintiff s former wife's attorney. In order to have a legitimate lawsuit, the correct parties must be named. The party that brings the suit must seek relief from the "real" party in interest.

Defendant Paull is not a party in interest with Plaintiff. Any actions taken or statements made by Defendant Paull, acting as attorney for the former wife, during the course ofjudicial proceedings are awarded

(5)

full immunity under the litigation privilege.

Unclean Hands

-

Plaintiff comes before this Court with unclean hands. A

Permanent Injunction for Protection against Repeat Violence was entered against Plaintiff in favor

of Defendant Paull in Duval County Circuit Court Case No. l6-2012-DR-0151-DV, on January 24,2012, after threats of violence, beheading, criminal activity and other dangerous matters were alleged by Pla-intiff against Defendant Paull. Several hearings were held thereafter, as Plaintiff refuses to comply

with the terms of the Court's Order(s) entered in that matter. An Order after

Show Cause Hearing was entered on March 15,2013, that again finds Plaintiff in violation for repeated postings and harassment

of Defendant Paull. That Order again states that Respondent

(Walsh) accusations against Petitioner (Paull) "are without any factual or legal.basis, could interfere with Petitioner's (Paull) business relationships and present a sufficient basis to determine special harm as defined in Florida common

law. Thus, Respondent's (Walsh) ability to make such

Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 7 of8

statements can be

enjoined." That Order reiterates the requirement that Plaintiff Walsh obtain

a

psychiatric evaluation when he obtains health insurance. He was ordered to immediately notify the Court

if

and when he obtained any form of health care coverage. Plaintiff has never complied

with this requirement, despite now having Medicare available to him to cover the costs. And Plaintiff continues to violate the terms of that Permanent Injunction and subsequent Orders to stop any form of communication about Defendant Paull, such as referring to her as a "criminal", a ooterrorist"

or other derogatory names. Yet, here we are in202l, and Plaintiff is allowed to keep

up the barrage of harassment and false statements against Defendant Paull going on 13 years now.

(6)

Any other matter constituting an avoidance or affirmative defense - Statements and

actions taken by an attorney, such as Defendant Paull, acting as attorney for the former wife, during

the course ofjudicial proceedings are awarded fulI immunity under the litigation privilege.

WHEREFORE, Defendant Diane L. Paull hereby requests this Honorable Court dismiss, strike, or otherwise negate Plaintiff s self-titled "Independent Action for Fraud on the Court", award Defendant Paull her hourly rate as an attorney for the time wasted on yet another unfounded

legal proceeding by Plaintiff and sanction Plaintiff for his improper and unfounded filings and conduct.

'

Florida Bar No. 0645605 Pro Se l3263rd Street South, Suite 2 Jacksonville Beach, FL 32250 Tel: (904) 249-7288; Fax: (904) 249-1779 Email : service@simpsonpaull.com I

CERTIFICATE OF SERVICE

I CERTIFY a copy of the foregoing Defendant Paull's Answer to Plaintiffs Indenendent Action for Fraud on the Court was provided io Ftaintiffru Mail at 96 Abbott Street, Plains, Pennsylvania 18705 and via email at 15.2021.

At) NE L. PAULL,

SQUIRE

Walsh v. Paull - Circuit Civil Action - Fraud St. Johns County Case No. CA2l-645 Page 8 of8