Micheal J. Napoleone
of Richman Greer needs more time
Peter Halle & Jason Halle
at summer camp in the 1950’s
Peter Halle’s attorney, Michael J. Napoleone, has requested an extension of several weeks to file his Answer Brief in the Fourth District Court of Appeal. This is Peter Halle’s response to Jason Halle’s Pro Se Initial Brief filed on January 8, 2014.
The Answer Brief was originally due to be filed Michael J. Napoleone on January 28, 2014. With the extension that was agreed to by Jason Halle the Answer Brief is now due on Friday, February 21, 2014.
The progress of this appeal can be followed at the Fourth District Court of Appeal of Florida, Jason Halle vs. Peter Halle, Case Number 4D13-3796.
As of Sunday, February 16, 2014, Michael J. Napoleone still has not filed a motion with the Fourth District Court of Appeal of Florida for the extension.
I filed a pro se brief in the Fourth District Court of Appeal in Florida today, Case Number: 4D13-3796. I have been in court for more than two years trying to get my brother Peter Halle who works at the law firm of Morgan Lewis, to give me the funds he has been withholding from me for more than 6 years from my father’s estate.
Michael J. Napoleone of Richman Greer
Peter Halle has hired the law firm of Richman Greer and Michael J. Napoleone. They have been making me work very hard to get my money.
The Initial Brief filed with the Fourth District Court of Appeal is 23 pages long and it might take a little while to download.
I Won the Appeal on Jurisdiction
On November 27, 2013, I won the Appeal that my brother Peter Halle filed through one of his attorneys, Charles H. Johnson of Richman Greer with the Fourth District Court of Appeal. It was filed on April 23, 2013. It gave me hope. After filing an appeal of my own, again as a pro se litigant, on October 15, 2013, and having a heart attack four days later, I needed some good news.
The ordeal of trying to get my brother, Peter Halle, a Washington attorney, to disburse the funds my father left to me had seemed to become an impossible task. He was spending so much money to defend not giving me my inheritance. It was not making any sense to me.
At least the matter of jurisdiction was resolved. Now I had encouragement to write the appellate brief to kick off the next round in the Fourth District Court of Appeal.
I was urged by loved ones to just forget all that money and let my brother keep it because of my deteriorating health. I decided that my health would deteriorate faster knowing that I gave up and let Peter Halle get away with the outrageous behavior he was engaging in as my fiduciary. It certainly is not what our father, Edward Halle, had anticipated when he put his last wishes on paper.
Jason Halle v. Peter Halle
On October 15, 2013, Jason Halle filed a Notice of Appeal against his brother Peter Halle in the Fourth District Court of Appeal of Florida.
I am a pro se litigant, which means I am acting as my own lawyer. It is not the position I wish to be in, but my brother, Peter Halle, has spent such a huge sum of money on lawyers that I cannot afford to compete with him. I am forced to act pro se and hope that my rudimentary skills and justice will prevail.
I am always looking for a Florida attorney that can give me some help and guidance on a pro bono basis.
On August 28, 2013, I was basically shut down when the Honorable Judge David E. French granted my brother’s motion to dismiss with prejudice.
I went to the Sheppard Broad Law Library at Nova University. It is a very benevolent institution and allows pro se litigants to use their facilities.
After many hours of research it became apparent that the Florida Courts of Appeal have ruled that a Plaintiff (attorney or pro se litigant) must have the opportunity to amend a minimum of three times each time a complaint is dismissed for failure to state a cause of action. I was not given one opportunity.
I filed a Notice of Appeal with the Fourth District Court of Appeal of Florida. This truly does seem to be the never-ending law suit.
Motion to Dismiss is Granted with Prejudice
On August 28, 2013, the Honorable Court held a hearing on Defendant Peter Halle’s Motion to Dismiss Jason Halle’s Fourth Amended Complaint for Failure to State a Cause of Action. John G. White III, of the law firm of Richman Greer was representing my brother, Peter Halle. I was representing myself. Judge David E. French Granted the motion to dismiss with Prejudice. This basically means the law suit is over!
I was expecting that the Judge would give me the opportunity to amend my complaint and correct the problems with it. But I was not given one opportunity to amend my Complaint as a result of any complaint of mine being dismissed for failure to state a cause of action.
I was totally depressed and in a state of disbelief that this case was shut down by the Judge. I could not imagine why he made such a ruling. It certainly did not seem fair to me or in the interests of justice.
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.”