The Return of the One Grand Narrative

Ferguson, MO, police departments every where, the Baltimore Prosecutors Office, and the Department of Justice now all have "narratives".  Not surprisingly, they are all different.  Jean-François Lyotard described the Collapse of the Grand Narrative in 1979.  Anglophiles have been trying to recover ever since.

Particle physicists recently came up with Theory of Everything (TOE) for an explanation of how we got here and how everything works.  The Higgs Boson, announced on July 4, 2012, was in large part the Cap Stone for what has been called the Standard Model of particle physics.  Focusing on particle physics encourages one to miss the Big Picture.

It is harder to miss the significance  of a description containing "one grand narrative" in the text.  The following paragraph is from a Great Courses catalogue with offers expiring May 14, 2015:

"Explore the monumental 'story of everything' with this brilliant and exciting course that weaves cosmology, geology, anthropology, biology, history, and more into one grand narrative beginning with the big bang and ending with a look into our future." 

The online description for the course says,

"About 100,000 to 60,000 years ago, a species of hominines—bipedal ape-like creatures—began to move out of its home territory in Africa and into the Asian continent. Today, homo sapiens, the descendants of those first hominines—live in nearly every ecological niche. We fly through the air in planes, communicate instantaneously over immense distances, and develop theories about the creation of the Universe. In Big History: The Big Bang, Life on Earth, and the Rise of Humanity, you’ll hear this ever-evolving story—the history of everything—in its monumental entirety from the moment the Universe grew from the size of an atom to the size of a galaxy in a fraction of a second."

You can enjoy learning about this by purchasing this course
  http://www.thegreatcourses.com/courses/big-history-the-big-bang-life-on-earth-and-the-rise-of-humanity.html

Jean-François Lyotard noted the Collapse of the Grand Narrative in 1979.  You can experience its return only 36 years later!

DR2H

Fair and Equitable Distribution of Assets in No Fault DOM

Keeping track of interest due in my case is a computational nightmare.  In addition to “normal factors”, my case includes an 8-month “nunc pro tunc”.  This due to Judge Roberts and Diane Baccus-Horsley.  I should not be penalized for their actions and/or inaction.

After rereading my lawyer's closing a couple of times it became apparent to me that a Fair and Equitable Distribution of Assets in a no fault Dissolution of Marriage, cannot include both investment results and interest for the same calendar period.

I would prefer that I pay my former spouse interest on the assets I retained after she filed the Petition for Dissolution of Marriage.  The market has done well enough that my former spouse almost certainly will prefer to share investment results.

Because the Amended Final Judgment only ordered monthly payments for the mortgages, my ex-spouse should pay the entire 1^st mortgage and half the 2^nd and 3^rd mortgages from Rendition.  She should pay interest on the unwarranted alimony payments until repaid.

Early in my case my lawyer told me that the Court was not supposed to create a situation where it was to the benefit of one of the parties for the other party to become “deceased”.  The Court has done that in this case as long as my ex-spouse remains a beneficiary on my Life Insurance policy.  The “narrative” rationale for this was to enable my former spouse to continue paying the (now paid off) mortgage.

My former spouse no longer needs “protection” provided by my life insurance policy.  The typical “narrative” is for the good ole SOB to leave the state under the cover of darkness and leave the poor “stay-at-home” wife to pay all the mortgages.  My case provides strong evidence that any rational male should do that.

I ACTUALLY THOUGHT THAT NO FLORIDA JUDGE WOULD WANT TO SEND THAT MESSAGE. I WAS ACTUALLY ENVISIONING GETTING ATTA BOYS FROM FLORIDA INSTEAD OF THE CONSTANT NEGATIVISM OF BACCUS-HORSLEY.

LAWYERS LIE.  ARITHMETIC DOES NOT.

Legal costs through a final Fair and Equitable distribution of assets should be paid for out of Marital funds in all no fault Dissolution of Marriage proceedings.

The Design of Experiments

I had one of the original copies of The Design of Experiments from the CORG library.  The Combat Operations Research Group (CORG) had sold or donated its books to the Communications-Electronics Computer Applications Agency (CECAA), a Class 2 Activity under the Assistant Chief of Staff of the Army for Communications and Electronics which was housed in the Forestall building - west near the Smithsonian in DC. 

"Ronald Aylmer Fisher, an Englishman, graduated from Cambridge University with degrees in astronomy and mathematics. His interest in evolution, genetics, and eugenics led to his eventual study of statistical theory. Fisher later applied statistics to agricultural research at Rothamsted Experiment Station. Fisher is credited with much of the original research on many statistical techniques still widely used. These techniques include the method of maximum likelihood, analysis of variance, Fisher's z transformation, randomization, factorials, tests based on correlation coefficients, multivariate analysis, discriminant functions, analysis of covariance, and sample surveys. Fisher taught at the University College, London, and Cambridge University, and served as a visiting professor at Iowa State University and the Indian Statistical Institute. Fisher's contributions to the development of statistics are reflected by the many honors and awards he received from groups all over the world. In 1952, he was knighted by Queen Elizabeth."

https://books.google.com/books?id=TV5XRAAACAAJ&dq=R.+A++fisher&hl=en&sa=X&ei=A13IVMGoEtOcygT8uICoCg

Charging Liens

There are four requirements for a valid charging lien. To impose such a charging lien, the attorney must show:

(1) an express or implied contract between attorney and client;

(2) an express or implied understanding for payment of attorney's fees out of the recovery;

(3) either an avoidance of payment or a dispute as to the amount of fees; and

(4) timely notice. Daniel Mones, P.A. v. Smith, 486 So. 2d 559, 561 (Fla. 1986).

Notice and Timing of Charging Lien

There are no requirements for perfecting a charging lien beyond timely notice. Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So. 2d 1383, 1385 (Fla. 1983).

In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action. Daniel Mones, P.A. v. Smith, 486 So. 2d 559, 561 (Fla. 1986).

Notice of the charging lien must be filed or the lien pursued in the action before entry of a final judgment or dismissal of the case. Naftzger v. Elam, 2010 Fla. App. LEXIS 10445 (Fla. 2d DCA 2010).

Charging liens filed during the pendency of a proceeding may be filed before or after an attorney's withdrawal in that proceeding. Rudd v. Rudd, 960 So. 2d 885, 888 (Fla. 4th DCA 2007).

If notice of a charging lien is not given before entry of the final judgment or an order dismissing the case, the trial court loses jurisdiction to enforce a charging lien in the original action. Naftzger v. Elam, 2010 Fla. App. LEXIS 10445 (Fla. 2d DCA 2010).

An attorney's charging lien is untimely and may not be established in proceedings after final judgment has been entered. Weiland v. Weiland, 814 So. 2d 1252, 1253 (Fla. 2d DCA 2002) citing Milio v. Leinoff & Silvers, P.A., 668 So. 2d 1108 (Fla. 3d DCA 1996) holding attorney may not wait more than thirty days from the entry of final judgment, give notice of nonrepresentation, and then seek to enforce a lien not noticed before the entry of the final judgment).

However, a charging lien may be enforced in cases in which the court dismisses the case pursuant to a settlement but expressly reserves jurisdiction on attorney's fees. Naftzger v. Elam, 2010 Fla. App. LEXIS 10445 (Fla. 2d DCA 2010).

Effects of a perfected charging lien

There is a fundamental difference between the perfection of a charging lien and the imposition of the lien on certain proceeds or property after it has been perfected. Gordon C. Brydger, P.A. v. Wolfe, 847 So. 2d 1074, 1076 (Fla. 4th DCA 2003).

"'There are no requirements for perfecting a charging lien beyond timely notice.” Gordon C. Brydger, P.A. v. Wolfe, 847 So. 2d 1074, 1076 (Fla. 4th DCA 2003)

One of the advantages of a perfected charging lien is that it may prevent the lienee from obtaining unfettered access to the funds to the possible detriment of the lienor's rights. Sharyn D. Garfield, P.A. v. Green, 687 So. 2d 1388 (Fla. 4th DCA 1997).

A charging lien "protects counsel from the parties' looking after themselves at his expense Wishoff v. Wishoff, 497 So. 2d 1351, 1353 (Fla. 4th DCA 1986) (Glickstein, J., concurring specially).

My source:  http://www.familylawfla.org/cle/materials082510/materials_for_chargnig_lien_telephonic_CLE.pdf

Illegal Goals

The appeals court said that the lower court's goal was not allowed by law (aka "illegal")  The judge was new and the case involved two narratives:

1) Stay-at-home wife abandoned by her abusing spouse who left the state.

2)  A white knight, who although ousted from his home in record pollen, continued to pay mortgages of over $4,000 per month.  [His relatives removed him from Florida.]

Which narrative would you believe?

This male was actually expecting something like kudos from the Judge in the state with the worst housing market.

This male has not received any kudos.  He has received apologies from lawyers not involved in the case.  Judge Charles J. Roberts has demonstrated that he can not distinguish fact from fiction.  I hope his performance has improved with experience.  I hope he is better in criminal cases.

I hope to be able to recover some of my losses for my heirs.  I think Diane Baccus-Horsley should be responsible for half of my losses and my partner's enablers should share the other half.

Pardon Bill

Bill Cosby has lived too long.  John Fitzgerald Kennedy was a philanderer but he got shot in 1963.

Tiger Woods was a saint until his down fall.  I thought he still exemplified "high performance."

Bill Clinton was as powerless as Obama should be when Ole Slick Willy engaged in whatever.  David Gergen helped rescue his Presidency.

Jimmy Carter said something about lusting in his heart.  I'm guilty of that too.

I thought I had reduced my sins to pew possessiveness and road rage.  My spouse decided to leverage every Joe Biden initiative and thought to complicate my life.

She's a 47%'er all the way.

There should be a law against lying to the court in Florida as well as New Jersey.  The Court in Florida should apply the Standing Order to both genders.

President Obama can't fix all the Family Law ills in the country.  His administration dropped Tort Reform so long ago we don't even remember it.

President Obama can issue a pardon to Bill Cosby for all his crimes of omission and commission.

What does our country think typical male behavior is?

Has it changed over the years?

No more collateral casualties

President George W. Bush defined counter-terrorism to be strikes against terrorists (and countries which harbor them).

President Obama has extended it to strikes against countries that aren't openly fighting with us (as allies not enemies).