My First Appellate Brief
On May 24, 2013, Michael Napoleone of the law firm Richman Greer in West Palm Beach, Florida, Charles H. Johnson of Richman Greer in Miami and Ethan J. Wall of Richman Greer in Miami who are all representing my brother, Peter Halle of Morgan Lewis in Washington, DC, filed the Initial Brief in the Fourth District Court of Appeal of Florida. They are disputing The Honorable David E. French’s Order that took jurisdiction for the State of Florida and more specifically Palm Beach County.
Now it was my turn. I studied their brief. I spent many hours in the Law Library and Nova University. I started writing. My friend Bob helped me with the editing and I came up with an Answer Brief. With the appendix it came to 150 pages. It truly exhausted me during a time when I was not feeling very well to begin with.
On June 28, 2013, I served the Answer Brief to Michael Napoleone at Richman Greer. I am a pro se litigant, meaning I am representing myself. Richman Greer is considered one of the top law firms in South Florida.
There was nothing to do but wait. Michael Napoleone had one more brief to write. It is called a Reply Brief and then it is up to the Court to render its decision.
Nothing left to do but wait.
Peter Halle Appeals Jurisdiction
On April 22, 2013, Michael J. Napoleone, Peter’s attorney served a Notice of Appeal on me. I was really shocked and amazed.
Peter was appealing the Honorable Judge David French’s Order to take jurisdiction of the case.
I had no idea what this test would be like. I certainly never wrote an appellate brief before. I guess Peter and his attorney were testing how much a pro se litigant could deal with. It must have been very upsetting to have a pro se litigant win jurisdiction after they spent almost a year and a half fighting it.
I had one thing going in my favor. Since they were filing for the appeal, it was their obligation to write the first brief. I could wait and see how they did it.
On April 25, 2013, the Appeal was assigned the number 4DCA#: 13-1381 by the Fourth District Court of Appeal of Florida.
The Honorable David E. French
Florida Takes Jurisdiction
On March 20, 2013, at a hearing presided over by the Honorable David E. French, the Defendant’s Motion to Dismiss Plaintiff’s Third Amended Complaint for Lack of Personal Jurisdiction, Improper Venue, and Failure to State a Cause of Action was denied.
Florida officially took jurisdiction of the law suit I filed on November 2, 2011, against my brother Peter Halle. It was a tremendous relief. Peter Halle’s attorney Michael J. Napoleone of the law firm of Richman Greer had been using all of his skills as a seasoned attorney with a prestigious law firm against me, a pro se litigant, in the hopes of making this law suit disappear. This had been going on for almost a year and a half.
Now to get on with the business of the law suit and to get my brother, Peter Halle, to disburse the funds my father left to me.
On March 26, 2013, the Honorable Judge David French signed an order to deny the motion to dismiss and take jurisdiction of the law suit.
Jason Halle v. Peter Halle
On February 15, 2012, before the Honorable James Martz there was a hearing on Defendant Peter Halle’s Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, and Incorporated Memorandum of Law.
On February 21, 2012, Judge Martz signed an Order that stated, “The Court withholds ruling on Defendant’s Motion (Peter Halle) and grants a continuance for thirty (30) days during which time the parties may engage in discovery limited to the issues raised by the Motion and Plaintiff’s response (Jason Halle). By participating in this discovery, Defendant (Peter Halle) has not waived any of his defenses set forth in the Motion.
Within the thirty (30) day continuance period, Jason Halle may, as a matter of law, serve an amended complaint if he so chooses. See Rule 1.190(a) of the Florida Rules of Civil Procedure.”
Complaint filed against
Peter Edward Halle
On November 4, 2011, Jason Halle filed a Complaint against his brother Peter Halle in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida. The Complaint alleged, among other things, that Peter Halle an attorney at the law firm of Morgan Lewis in their Washington, D.C. office, breached his fiduciary duties, failed to give an accounting, waste, and gross breach of duty with regard to dealings with his brother concerning the Edward Halle Trust.
Peter Halle is the Trustee of the Edward Halle Trust. This Complaint never had a responsive pleading. Their has never been a logical explanation of the Trustee’s behavior in this action.
Peter lives in Washington, DC with his wife Carolyn Lamm who works at the law firm of White & Case. She is a past President of the American Bar Association. They have two children.
The progress of this lawsuit can be followed by going to the Comptroller’s office website and then searching for the records using the case number: 2011cp005095