Florida Fifth DCA Motion For A Written Opinion

E-Copy Received Jun 3, 2013 11:50 AM

IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIFTH DISTRICT CASE NO. 5D12- 4159 Daniel F. Walsh, (former husband ) ( Appellant )

L T. .Case No.- DR07-1665

vs.

Olga T. Walsh, (former wife ) ( Appellee ) _____________________________/ FORMER HUSBAND' S MOTION FOR A WRITTEN OPINION ON ORDER STRIKING RECOMMENDATIONS OF MAGISTRATE AND INFERRING THE EXISTENCE OF A RACKETEERING ENTERPRISE The Appellant, Former Husband, Daniel F. Walsh, request that this court issue a full written opinion in order to facilitate the Former Husband's desire for discretionary review in the Supreme Court of Florida. Apparently the Florida Fifth District Court of Appeal has not reviewed the Former Husband's appeal, and a written opinion shall prove otherwise. According to Florida Rule 9.330 (a) under appellate rules and procedures requires the movant for such relief to specifically state why, if a written opinion were written, the Supreme Court would likely exercise its discretionary jurisdiction to grant further review. The Former Husband and other concerned Floridians agree it would be of significant assistance to the Bench and the Bar of this state, and particularly in the public’s best interest with the facts and material evidence of fraud, perjury, extortion, bankruptcy fraud, and fraudulent practices put 1.

forth in this appeal. The Florida Supreme Court will use its discretionary authority in not only deciphering this conflicting order, but will be made aware that another pattern of racketeering has infiltrated the Florida legal community. A detailed written opinion will also show the material evidence within the entire context of Former Husband's appeal that former wife's Attorney, Diane l. Paull has conspired to defraud the court(s) in a pattern of racketeering that ultimately targets innocent victims such as the Former Husband. Such comparisons are better demonstrated in the discovery and arrest of Florida Attorney Kelly Mathis, a former Jacksonville Bar President, and this attorney's participation in the racketeering enterprise “Allied Veterans Of The World Inc�. Ms. Paull and Mr. Mathis have much in common, in that both are members of the Florida Bar, and both are the masterminds in a racketeering enterprise that has perpetrated the Florida Court System.

A written opinion will also clarify how the Florida Fifth District Court of Appeal determined and affirmed the order of Judge Alexander's interpretation that Former Husband's lump sum alimony was structured as equitable distribution, and not the Magistrates findings of fact that the lump sum alimony was structured as support. If this court actually reviewed the ex spouses Final Judgment it is evident the primary residence is neither mentioned nor incorporated of having the Former Wife sell the primary residence in order for the Former Husband to receive the lump sum alimony owed. In fact, the Florida Fifth District Court of Appeal has received factual 2.

material evidence showing the lump sum alimony was indeed structured by Florida State Mediator Ned Price as support alimony, and not equitable distribution. Simply put, there is no basis for Judge Alexander's order in striking the recommendations of Magistrate Mensh other than a personal agenda, and if this court actually reviewed Former Husband's brief it would show an obvious conflict of interest. The General Magistrate's decision in finding Former Wife in willful contempt of the support alimony owed can neither be argued nor denied. This error alone by the lower court shall be reason enough for the Florida Fifth District Court of Appeal to reverse this order in Former Husband's favor, and suggests to the Former Husband that the Florida Fifth District Court of Appeal has neglected to review the Former Husbands appeal.

Furthermore, if the Florida Fifth District Court of Appeal has actually reviewed the Former Husband's appeal, a written opinion will clarify how a decision was made pertaining to the overwhelming factual material evidence that this court received of racketeering throughout Former Husband's entire divorce and post divorce proceedings.

Without a written opinion it is evident the Florida Fifth District Court of Appeal has been compromised, and is actually promoting criminal behavior by attorney Diane L. Paull, and is enabling an actor of the racketeering enterprise.

Former Husband's involvement and knowledge regarding Florida Statute 61.08 and all subsections therein, including but not limited to Former Husband's expertise and knowledge of “actors' who engage in a racketeering enterprise that a 3.

written opinion will provide a legitimate basis for Florida Supreme Court review that would be of great public importance that will help enlighten those people who are, and who will become victims of those “Terrorist� working within the Florida Legal System as follows : 1)

Included within the body of both the Appellant's Initial Brief and Motion To

Expedite is factual material evidence of perjury, fraud, extortion, bankruptcy fraud, and fraudulent practices over the past (4) years orchestrated by the former wife's pro bono attorney, Diane L. Paull. A written opinion will also corroborate to the public and the media that Ms. Paull is indeed a participant, and the mastermind behind a racketeering enterprise much like fellow Florida Bar member, Florida Attorney Kelly Mathis, who was recently arrested in another racketeering scheme, Allied Veterans Of The World, Inc. ( http://jacksonville.com/news/metro/2013-03-20/story/kellymathis-says-arrest-allied-veterans-case-has-ruined-his-life ).

2)

This is not your typical court case involving a divorce which makes it of great

public importance. The Former Husband and other victims throughout Florida have clearly and without a doubt exposed a conspiracy to defraud the public through a pattern of racketeering currently being conducted within the legal community. That is, there are those lawyers such as attorney Diane L. Paull, as actors of the racketeering enterprise who purposely and viciously attack innocent victims orchestrated through conspiratorial means by inflicting intentional harm predicated upon fraud, extortion, 4.

bankruptcy fraud, fraudulent practices, and terrorism as demonstrated in the Former Husband's entire divorce proceedings which has now become a breeding ground of such acts within the Florida Law Section of the Florida Bar. The Florida Fifth District Court of Appeal has received factual material evidence showing a pattern of racketeering involving Attorney Paull, and without providing a written opinion the Florida Fifth District Court of Appeal will consciously be admitting they to are members of the racketeering enterprise. The primary mission of the racketeering enterprise is of course “profit over people” while protecting those actors of the enterprise such as attorney Diane L. Paull that are conducting fraudulent business practices within the legal community for the purpose of sustaining the racketeering enterprise. Had the Florida Fifth District Court of Appeal actually reviewed the factual material evidence of the Former Husband's appeal then the Florida Fifth District Court of Appeal will recognize that attorney Diane Paull is an active member of the racketeering enterprise.

As an actor of the racketeering enterprise attorney Diane L. Paull shall be defined as a “Terrorist” according to the Federal Bureau of Investigation and the United States Department of Homeland Security in the following; The FBI's Terrorist Research and Analytical Center defines domestic terrorism as "the unlawful use of force or violence, committed by a group(s) of two or more individuals, against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social 5.