Complaint for Declaratory Relief – Voeltz Florida Ballot Challenge
Posted by By GeorgeM at 5 July, at 00 : 25 AM Print
Down, but far from out. This new complaint is being filed for declaratory relief. Judge Terry Lewis has already indicated he is not receptive to it , so this may be merely a way station on the road to appeal. An appeal of the original Voeltz v Obama case will also be filed. the Hearing for the Colette case is July 10. Read FL News for more on Voeltz and Collette case(s).
read complaint document
http://www.scribd.com/doc/99146723/Voeltz-Complaint-for-Declaratory-Relief
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Can you say “res judicata”? The case will be dismissed on those grounds, and an appeal will not rescue it.
Jonathan, 10 months ago
Seems like it should have been used on Lewis’ decision, which broke precedent and erred in fact and law all over the place. As far as an appeal, based on what has been happening, your prediction has better odds.
GeorgeM, 10 months ago
Huh? Methinks you do not understand what res judicata is. Your response makes absolutely no sense.
My prediction is that every appeal will uphold the dismissal. Judge Lewis’s ruling broke no new ground and, in fact, was a very simple application of the statute. Had he ruled otherwise, the appeals courts in Florida would have had to reverse and remand on grounds of legal error.
Jonathan, 10 months ago
I don’t think you understood my point. Lewis is the one who doesn’t honor what has already been decided, in that he has broken precedent and disregarded or ignored existing statutes.
The appeals may in fact uphold him. that doesn’t necessarily mean they are following the law.
GeorgeM, 10 months ago