Judge David E. French
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Hearing before Judge David E. French

Click here for bio of Judge David E. French

For bio of Judge David E. French click on graphic.

On April 8, 2015, I went to another hearing before Judge David E. French. I had the impression that Judge French was ranting at me while being very cozy with the opposing counsel.

In the hall outside the courtroom after the hearing, a person came up to me. They did not identify themselves. The person said to me, “I just want to let you know that it is obvious that at your next hearing Judge French is going to deny any motions you have for relief and grant all the motions your brother has for attorneys’ fees and sanctions.”

I thanked the person for their observations. Then I asked why they though this would happen?

“It’s obvious the opposing counsel is his buddy and the judge is prejudiced against you. What did you do to him?”

“I’m Jewish, gay, HIV positive, a cancer survivor and have a bad heart condition. All I have been doing is trying to obtain the inheritance that my dad left me eight years ago. My brother is a Florida attorney and the Trustee of my dad’s estate. My brother has already spent more than $200,000.00 in legal fees. I had to let my attorney go because I could not afford to pay her anymore and I have been forced to represent myself. I have no idea which of these things has Judge French so prejudiced against me.”

The stranger concluded by saying, “I just wanted to give you the opinion of someone that is not invested in your situation. You will get absolutely nothing in Judge David E. French’s courtroom. He has already made up his mind about everything.”

This was wonderful input, even though it is not what I wanted to hear. I went home and thought about it.

Yesterday on April 14, 2015, I filed the following motion with the Court:

IN THE CIRCUIT COURT FOR THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

CASE NO. 502011CPOO5095XXXXSB

JASON HALLE,
Plaintiff,

vs.

PETER HALLE,
Defendant.
__________________________ /

MOTION FOR DISQUALIFICATION OR RECUSAL

Plaintiff, Jason Halle, files this motion/affidavit/application pursuant to Rule 2.330 of the Rules of Judicial Administration, specifically Rule 2.330(d)(1) that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge. This motion/affidavit/application is also pursuant to Florida Statutes § 38.10, Disqualification of judge for prejudice; application; affidavits, etc. This motion/affidavit/application is also pursuant to Canon 3 E of the Florida Code of Judicial Conduct:

  1. My name is Jason Halle, I am over the age of eighteen and competent to issue this declaration. I am the Plaintiff in this action and make this declaration based upon my personal knowledge.
  2. I am a Pro Se litigant and certify that this motion/affidavit/application is made in good faith.
  3. In the transcript of the hearing held before the Honorable David E. French on April 8, 2015, (Exhibit 1), Judge French said on page 8, line 19, “Then he’s (the Defendant) going to be entitled to attorney’s fees. Now, the only issue is how much. That’s what the hearing is about.”
  4. Judge French has already prejudged the relief from his Order of May 31, 2013, that prohibits the Edward Halle Trust from paying attorney’s fees or litigation costs unless and until such relief is granted by the Court. (Exhibit A of     Exhibit 2).
  5. On February 11, 2015, the Plaintiff served his Response to Defendant Peter Halle’s Motion to Permit Payment of Attorney’s Fees and Costs from the Edward Halle Trust Assets. In his Response the Plaintiff cites case law that the Defense attorneys have waived their entitlement to attorneys’ fees under Florida Law. (Exhibit 2)
  6. Judge French has already prejudged the motions having to do with attorneys’ fees and punitive sanctions requested in the Defendant’s motions concerning attorneys’ fees.
  7. In fact there are a total of seven motions pending before the Court:
    1. Plaintiff’s Motion for Relief from Order of September 25, 2013
    2. Plaintiff’s Motion to Strike Paragraphs 1, 2, 3, 4, and 10 of Defendant’s Motion for Sanctions
    3. Plaintiff’s Motion to Strike Paragraph 10 of Defendant’s Motion to Permit Payment of Attorney’s Fees and Costs
    4. Defendant’s Motion for Fees and Costs
    5. Defendant’s Motion to Permit Payment of Attorney’s Fees and Costs
    6. Defendant’s Motion for Sanctions
    7. Plaintiff’s Motion for Sanctions on Defendant Peter Halle’s Motion to Permit Payment of Attorney’s Fees and Costs
  8. Judge French continues on page 8, line 24 of the transcript (Exhibit A), “Your motion – you have a motion for relief for what?”
  9. On page 9, line 1, Mr. Halle (Plaintiff) responded, “Based upon the fact that Mr. White made fraudulent statements and committed fraud upon the Court which influenced your decision during that hearing.”
  10. Judge French then said, “Well, we don’t reargue things that have already been – it’s called res judicata, okay? We don’t reargue the motions. I have already made a determination.”
  11. Judge French has prejudged Plaintiff’s Motion for Relief from Order of September 25, 2013. (Exhibit 3) This motion is still pending before the Court.
  12. The law of the case, res judicata and collateral estoppel are not relevant in this situation because the facts in this motion are different from the facts in the original Hearing and the subsequent appeal that was per curiam affirmed. This was a conflict PCA with no written opinion. Which facts the Appellate Court ruled upon are unknown and do not include the facts in Plaintiff’s motion. This would make the application of res judicata inappropriate and not viable.
  13. It is clear from Judge French’s statements that he has already prejudged the pending motions before the Court.
  14. It is clear that Judge French has a strong bias against the Plaintiff and a strong positive bias for the Defendant.
  15. It is clear that there is substantial prejudice against the Pro Se Plaintiff.
  16. The Plaintiff has reasonable fear that he will not receive a fair hearing.

Respectfully submitted,

JASON HALLE, Pro Se
jason@jasonhalle.com
April 14, 2015

This motion is a public record and is filed with the Circuit Court for the 15th Judicial Circuit in and for Palm Beach County, Florida.

More about the Lawsuit

Come show support at Probate Hearing
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FOR IMMEDIATE RELEASE

The next Probate Hearing is scheduled for April 8, 2015, at 8:45 am at the South County Courthouse, 200 West Atlantic Avenue, Delray Beach, FL 33444, Courtroom #2, Honorable David E. French presiding. Please turn out to show your support.

 Disabled Florida senior becomes impoverished due to Fraud Upon the Court by Richman Greer Attorneys John G. White, III, and Michael J. Napoleone

By Jason Halle
April 2, 2015

Justice, Freedom, equal access to the law. None of these seem to be working for Jason Halle, a disabled senior citizen that resides in Wilton Manors, Florida, who is trying to collect his Florida inheritance left by his father, Edward Halle.

Jason’s father, knew his son Jason was legally disabled and was struggling with life threatening health issues each day of his life. Edward Halle wanted to be sure his son Jason had comfort and economic security after he and his wife Elaine Halle were gone. The documents that Edward paid his attorney Ronald Siegel of Boca Raton, Florida to create in order to accomplish this seem to be worthless.

Edward Halle named his older son Peter Halle to act as Trustee. He was proud Peter became an attorney and told Jason this would save on attorney’s fees and would make the process easier for Jason.

But the money Peter Halle was supposed to disburse to Jason never materialized. First there were excuses. Then a promise the money would be disbursed. Then years of Peter Halle ignoring Jason’s requests for his Florida inheritance. This has been going on since 2007.

Peter Halle is now a retired attorney. He was a partner in the famous Washington, DC, law firm Morgan Lewis. His wife is Carolyn Lamm, also a Washington, DC, attorney and a partner at White & Case. Carolyn Lamm is a past President of the American Bar Association and was voted one of Washington’s 100 most powerful women in 2011. Peter and Carolyn Lamm regularly had Senators and Congressmen to their Washington, DC, home and even Hilary Clinton had been a guest.

So why didn’t Peter Halle disperse the money or attend to the many other fiduciary duties that he was required to perform under Florida law? I would guess that when you are as wealthy and powerful as he and his wife Carolyn Lamm are, you start to believe that you are above the law.

In 2011, Peter Halle was still ignoring Jason’s requests for his inheritance. Two letters from attorneys that Jason hired to plead on his behalf had no success. Jason Halle decided he would need to find an attorney to take his brother to court and compel him to follow the laws of the State of Florida. One lawyer wanted a $60,000.00 retainer. All the other lawyers Jason interviewed were not interested in taking the case when they realized how powerful and connected his brother Peter Halle and his wife Carolyn Lamm are. Jason finally exhausted his legal resources.

Jason naively believed that this was an open and shut case and that the law was 100% on his side. Jason filed a Pro Se Complaint (without the aid of an attorney) against his brother in the 15th Circuit Court in and for Palm Beach County, Florida, on November 4, 2011. His brother Peter responded by hiring the Richman Greer law firm of Miami and West Palm Beach, Florida to represent him and fight Jason with every legal trick known to the profession in order to obstruct Jason from obtaining his Florida inheritance. Peter Halle kept ignoring the Florida laws that were designed to protect beneficiaries like his brother Jason. The whole defense of the lawsuit was frivolous and without merit or basis in law or fact.

Charles H. Johnson of the Miami office was hired back in 2008, so Jason could no longer contact his brother directly and had to go through Peter’s attorney. Then Michael J. Napoleone became involved in 2011, to represent Peter Halle in court. Then more attorneys became involved including John G. White, III. A whole law firm began fighting against Jason Halle to stonewall him from receiving his inheritance. I know this all sounds like fiction, but it is not. Court documents will substantiate all of the facts about the legal actions that ensued.

After almost two years of Jason spending days at a time in law libraries, writing legal briefs, motions and creating numerous other documents and after numerous court appearances Jason believed he was holding his own. Peter Halle did not appear once in court during the proceedings. Jason even won an appeal Peter’s attorney’s started in the Fourth District Court of Appeal of Florida regarding jurisdiction. Quite an accomplishment for a Pro Se litigant.

Fraud Upon the Court

Then the unthinkable happened. On August 28, 2013, John G. White, III of Richman Greer committed fraud upon the court. That is the legalese way to say he lied to the Judge during the hearing held on that date. As a direct result of those lies, the Honorable David E. French dismissed the case!

They now want Jason Halle to pay the legal fees of the attorneys that lied in court

Now Peter Halle’s attorneys have filed a motion to compel Jason to pay the Richman Greer legal bill of $200,000.00. That’s right, the court has dismissed the case and Peter Halle is now trying to stick Jason Halle with the $200,000.00 legal bill to pay his lawyers that won by lying in court to get the case dismissed. Jason still doesn’t have his Florida inheritance, and by dismissing the case the court has ruled that Peter Halle never has to pay Jason a cent of his inheritance as a result of the lies the Richman Greer attorneys told in court and wrote in legal briefs.

How can a person fight against such wealth, power and lies? Jason is still trying, but no attorney in Florida has offered to help him. No media outlet has offered to help let the public know about the injustice of the Florida legal system. Nobody seems to think it is unusual that the rich and powerful can produce any results they want in a court room and middle class people have no rights.

Edward Halle, father of Jason Halle and Peter Halle

You can find out more from Jason Halle’s website www.jasonhalle.com

Contact

Jason Halle
209 NW 21st Court, Wilton Manors, FL 33311
Voice: (954) 654-8150
Fax: (954) 653-1513
jason@jasonhalle.com

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