NOT IN MY UNITED STATES OF AMERICA!!!

Incredible, but true...thanks to Judge William Thomas - YOU TOO can have your business and livlihood ruined if a Real Estate Developer (with deep pockets is a large contributor and a huge influencer of the Democratic Party) wants your easement/right of access!!

Just remember that your JOB can be taken away by a Judge who rules in favor of a Real Estate Developer!  

This can happen to YOU!

An Appeal from the Circuit Court for Miami Dade County, Judge William Thomas - DENIED. March 31, 2010

Florida Action Films, Inc. v Green East No. 2 Ltd., 29 So. 3d 471 (2010)
________________________________________________________________________________
35 Fla. L Weekly D748

29 So. 3d 471 (Mem)

District Court of Appeal of Florida, 

Third District.

FLORIDA ACTION FILMS, INC., Ted Vernon Specialty Automobiles, 

Inc., Ted Vernon and Estate Marketing, Inc., Appellants, 

v.

GREEN EAST #2, LTD., Appellants, 

No. 3D09-944. /  March 31, 2010. /  Rehearing

and Rehearing En Banc Denied March 31, 2010.

An Appeal from the Circuit Court for Miami Dade County, William Thomas, Judge.

Attorneys and Law Firms

*472 Alan K. Marcus, for appellants.

Shutts & Bowen and Stephen B. Gillman, Miami; Shutts & Bowen and Suzanne Youmans Labrit, Tampa, for appellee. 

Before COPE, WELLS, AND CORTIÑAS, JJ. 

Opinion

ON MOTION FOR REHEARING AND CLARIFICATION

Wells, Judge. 

The appellees have filed motions for clarification and rehearing in connection with the opinion issued by this Court on December 2, 2009.  We deny the motion for rehearing, but grant clarification, withdraw our previous opinion, and substitute this corrected opinion in its stead.  

Florida Action Films, Inc., Ted Vernon Specialty Automobiles, Inc., Ted Vernon, and Estate Marketing, Inc. appeal from a Final Judgment interpreting and enforcing an easement in a 1935 deed.  We agree with the trial court that the express easement is unambiguous and accords only an easement of ingress and egress extending only from the northern border of the parcel conveyed in 1935 to 79th Street on the south.  We also agree that no easement by way of necessity over Appellee, Green East #2 Ltd.'s property has been proved to exist. 1 - Lastly, we agree that the court below properly enjoined the Appellants herein from the ir admittedly continuing trespass on Green East's property.  See Autozone Stores, Inc. v. Northeast Plaza Venture, LLC, 934 So. 2d DCA 2006 (confirming that an injunction is an appropriate remedy for a continous or repeated trespass); Overstreet v. Lamb, 128 So 2d 897, 900 (Fla. 1st DCA 1961) (recognizing injunctive relief as an appropriate remedy for "a continuing trespass on land"). 

     1. The evidence was that Florida Action Films, Inc. and Estate Marketing, Inc. own two separate parcels of landlocked property that are adjacent to Green East's property.  In the lower proceedings, the trial court found taht Estate Marketing, Inc.'s property was entitled to an easement by way of necessity over Green East's property and the parties thereafter stipulated to the route of the easement at trial, subject to future modification upon changged circumstances.  That easement is not a subjectof this appeal and this determination. 

Accordingly, the order on appeal is, in all respects, affirmed.  

Parallel Citations

35 Fla. L. Weekly D748

Landlocked in Miami, Florida because of Judge Thomas, Judge Mary Barzee, Judge Linda Ann Wells, 3rd District Court of Appeal, Linda Ann Wells Chf Judge, Frank A Shephard, Richard J. Suarez, Angel A. Cortinez

It is the right of every United States citizen to have access to their land.  This is the case in almost every state and county in the United States with the exception of Miami Dade County.  Miami Dade has a liberal one-sided judge in their courts.  Judge Thomas has sided with Green East and Allen Greenwald to remove an easement that has been in existence since 1935, in essence land-locking the business.  Of course this affected the business greatly creating yet another business closure.   An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions - with the exception of Miami Dade County and Judge Thomas.  

Since 1978, Ted Vernon Specialty Autos was a thriving business located on  471 NE 79th St, Miami, Florida.  The easement that was provided on the deed of the land purchased by Ted Vernon was on the left side of the property. It was an appropriate easement to conduct business for over 30 years.  Ted Vernon Specialty Autos provided jobs to quite a few of Miami Dade's citizens in that area.  Because Judge Thomas decided to rule in favor of Green East without a valid reason superseding an existing ruling that took place in 1935, the business lost profits, people lost their jobs and the business had to undergo the costs of acquiring and moving to another location.  Doesn't that make us wonder how powerful Green East is and why on earth would Judge Thomas render a decision like that? That's because he sided with the largest contributor to the Democratic Party in South Florida. Stephen Bittel is one of the stockholders of the land owner (Green East) was the principal owner of Terranova Corporation, who also managed the property.

Steven Bittel,  owner of the Terranova Corporation (http://www.terranovacorp.com/), contributed loads of money to the Democratic Party in Florida (http://www.campaignmoney.com/political/contributions/stephen-bittel.asp?cycle=12).  Judge William Thomas is a democratic judge (http://www.huffingtonpost.com/2012/11/15/william-thomas-first-gay-black-man-judge_n_2141660.html).  Anyone see a connection here?

Does Miami Dade actually need to have fewer jobs available to our citizens because of Judge Thomas's wrong doing and illegal rulings? 

This issue affects every single citizen in the United States.  We have the right to enter our land and utilize it as necessary.  Why should another business close because of Miami Dade's corruption?  Judge Thomas gave the full right of easement to the development company.   

Circuit Judge William Thomas has shown on numerous occasions blatant disregard for the rights of Miami Dade citizens, as well as City of Miami citizens, business owners of Miami Dade County and landowners of Miami Dade County. Take the case of Ana Maria Angel, who was brutally raped and killed in South Beach. Her boyfriend was stabbed.  Judge Thomas threw out the case of the alleged triggermen, because he didn't feel the Miranda rights were read right (http://anamariaangel.blogspot.com/). 

If you have been wronged by Circuit Judge William Thomas we want to hear from you. We, the Citzens of Miami Dade County deserve justice and respect.