Tuesday, August 8, 2017

APPELLANT’S PARTIAL RESPONSE TO SHOW CAUSE ORDER AND REQUEST FOR A FURTHER EXTENSION OF TIME

"IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

3. For historical context, this Court’s July 19, 2017 Order to Show Cause seeking to
fundamentally deny and take away Appellant’s rights to be heard fairly on Appeal
was issued within days of Federal Investigators, FBI offices, the DOJ Civil Rights
Division Chief and a US Attorney’s Office receiving signed statements by my two
adult sons Josh and Jake Bernstein regarding the illegal and predatory use of a
“Guardianship ad litem” against my children to further and facilitate a scheme and
pattern of crimes and frauds upon the Courts and a pattern and scheme of
Violations of Statutory requirements regarding the Trusts and Estates of my
deceased parents Simon and Shirley Bernstein and trusts set up for my children by
my parents.

4.   The very issuance of this Order to Show Cause in the context of the Appeals and
Records on Appeal herein and threat to take away my rights on Appeal is sufficient
grounds to establish an objectively reasonable belief that a fair trial can not be
obtained by the entire 4th DCA panel as there is overwhelming Appearance of
Impropriety justifying a motion for mandatory Disqualification under law and
Transfer of this and all cases to a US Constitutionally proper neutral and
independent panel.

5.   Respectfully, while this Court’s Order is “framed” and “worded” such as to paint
myself in a false light, an objective reviewer “looking beyond” the mere words and
labels used by this 4th District Court of Appeals panel of “meritless”, “improper”
, “and has abused the court system” will quickly see the pattern and practice of this
4th DCA abdicating all Judicial responsibility and mandatory obligations even
beginning with the first case mentioned 4D 15-3849 when this Court struck as
unauthorized on Dec. 17, 2015 Appellant’s filing which properly placed before this
Court the False and Misleading conduct of licensed attorney Alan Rose and Steven
Lessne who were knowingly and falsely misquoting a Federal Court Order from
New York.

6. Yet, instead of performing mandatory duties to refer the Florida Bar licensed
attorneys Alan Rose and Steven Lessne’s conduct for Investigation, this Court
instead struck the filing which was filed in the context of an All Writs Petition
beginning at the Florida Supreme Court regarding what should have been the
mandatory Disqualification of Judge Martin Colin and the vacating of his Orders.

7. In fact, what a US Constitutionally proper independent and neutral panel and
reviewer would see is that this 4th DCA for ALL of the cases cited therein either
issued a Per Curiam Affirmance or Decision with No opinion, no discussion, no
analysis of law to facts despite the fact that the 4th DCA itself has repeatedly
violated Statutory procedures, statutory rules, Florida Supreme Court case law, the
4th DCA’s own case law and other longstanding cases of the other District Courts
yet this 4th DCA has acted in this systematic manner as to “escape and prevent”
proper review and due process.

8.    This Court’s illegal pattern and practice of using Per Curiam Affirmances and no
written Decision Orders with no Judges name to further and coverup frauds upon
the Court, substantive due process violations under the US Constitution and direct
criminality in the 15th Judicial are continuing acts outside and in excess of
jurisdiction and using the Courts as a further instrumentality of criminal conduct
despite this Court having mandatory obligations under law to address frauds upon
the Court and report misconduct and effectively regulate the Bar and Practicing
Attorneys in Florida.

9.   As the Florida Supreme Court said in 5-H CORP. v. Padovano Annotate this Case
708 So. 2d 244 (1997), “All Florida judges are, first and foremost, attorneys and
members of The Florida Bar. See generally art. V, § 8, Fla. Const. As such, Florida
judges, just like every other Florida attorney, have an obligation to maintain the
integrity of the legal profession and report to The Florida Bar any professional
misconduct of a fellow attorney. See R. Regulating Fla. Bar 4-8.3(a). This
obligation is reiterated in the Florida Code of Judicial Conduct, which explicitly
provides that "[a] judge who receives information or has actual knowledge that
substantial likelihood exists that a lawyer has committed a violation of the Rules
Regulating The Florida Bar shall take appropriate action." Fla.Code Jud. Conduct,
Canon 3D(2).[6] The Florida Code of Judicial Conduct further mandates that
judges "should participate in establishing, maintaining, and enforcing high
standards of conduct," "shall require order and decorum in proceedings before the
judge," and shall require lawyers subject to their direction and control to be
"patient, dignified, and courteous." Fla.Code Jud. Conduct, Canons 1, 3B(3),
3B(4).”

10.    This Court’s systematic denial of these obligations and actions to instead falsely
turn its powers to sanction myself as Appellant under the facts and Records of
these related cases again creates an objectively reasonable fear that Appellant can
not receive a fair trial before the 4th DCA and thus this Court must Disqualify the
entire Panel and Transfer all cases to a new US Constitutionally proper panel.

11.    Because there are over 9 cases in issue here and substantial records to review and
it takes substantial time to Specifically detail the Frauds and misconduct
disregarded by this Court in each case and because of Appellant’s medical
Treatment and condition, Appellant submits this partial response and seeks further
extension of time to fully and properly submit a detailed list of Errors, Frauds
disregarded, statutory violations disregarded, Florida Supreme Court cases
disregarded, 4th DCA cases disregarded and other uses of this Court as an
Instrumentality of Crime and coverup.

12.    Appellant raises as a US Constitutional due process matter the impropriety of such
practices designed to avoid Florida Supreme Court review and “whitewash” the
fraud and further raise a US Constitutional challenge to the 1980s Amendment and
laws that restricted the Florida Supreme Court jurisdiction as Appellant reasonably
believes the People, citizens and voters did not “Vote” for an Amendment to be
used as an Instrumentality of Crime and fraud.

13.   Appellant asserts that the coverup of frauds and use of the Courts as
instrumentality of crime between the 4th DCA and 15th Judicial Courts is at such a
level as to be a US Constitutional due process problem justifying Federal
intervention and oversight.

14.   To further establish the historical context of this Court’s action in Ordering the
Show Cause on July 19, 2017 designed to silence Appellant’s rights and discredit
Appellant falsely, again this came in context of desperate actions by Ted Bernstein,
Alan Rose and related parties including Brian O’Connell of the Ciklin, O’Connell
law firm acting as current PR of the Simon Bernstein Estate trying to “rush
through” illegal Settlements in State and Federal Court as the frauds are quickly
unraveling and massive fraud shown to Federal investigators by my two Sons
signed letters which are attached as Exhibit 1.

15. All of this comes just a week or so before a Federal Jury in US District Court
found the same Brian O’Connell and Ciklin law firm guilty of a $16 Million
Breach of Fiduciary verdict which the Palm Beach Post has described as a
“Landmark” verdict.  See, http://www.mypalmbeachpost.com/news/jury-hitslawyers-
with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/

16. Appellant has made and been making similar claims of misconduct and breach of
fiduciary duty and fraud against the same Brian O’Connell in some of the related
cases herein where his Partner Ciklin has at all times herein been the brother of
Chief Judge Ciklin of this 4th DCA Panel who only recently has been voted out as
Chief Judge.

17.   Appellant needs additional time to delineate all the Conflicts of Interests in the
various related cases due to the involvement of former Chief Judge Ciklin herein
who had to recuse off two appeal cases in these matters after making rulings in the
cases involving his former firm and only revealing the conflict after request was
made to unmask the Judges on the Orders in these matters.

....

19.   Appellant further has received additional filings from Alan Rose for Ted Bernstein
still continuing to further frauds in the 15th Judicial.

20.   Appellant’s motion is therefore made in good faith and upon a reasonable basis."

Click Below for Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiT041eG9sa0FmdnM/view?usp=sharing


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