Post by Lra on Mar 9, 2016 21:34:14 GMT -5
Followup to FL Bar Association Complaint about Debra Badd-Nutcake--understand that her name was property spelled in the paper letter; this forum is set to automatically "rename" proper names.
March 8, 2016
Heidi E. Brewer, Bar Counsel
Attorney, Consumer Assistance Program
The Florida Bar
651 East Jefferson St
Tallahassee, FL 32399-2300
RE Debra Susan Bad-nutcake; RFA No. 16-10979
Dear Ms. Brewer:
This letter is in follow-up to yours dated Feb 25, 2016 to provide a written narrative. Some background information is necessary so I will use this narrative format to describe the context of the current complaint, as you requested.
Sometime in mid-January 2016, I was asked by another owner if my attorney, FurrRedIck O’Neal, had approved Ballot/Consent Form #2. This is referred to as #2 because there was a Ballot/Consent Form #1 many months earlier related to a first attempt by this homeowner association, S-bag Lake Owners Association Inc., (SLohA) to revitalize expired Covenants.
Ballot/Consent Form #1 was severely flawed and soon became the subject of a mediated agreement among SLohA and three (3) SLohA owners –two separate lawsuits that were joined by the same attorney, FurrRedIck O’Neal. As agreed by the involved parties—SLohA and 3 owners--Ballot/Consent #1 was “thrown out” as a condition of the mediated settlement and it was agreed that the single identified flaw would be corrected on a subsequent attempt(s).
A SECOND revitalization attempt began Jan 6, 2016 with a 2nd Ballot/Consent form presented to members where the flaw on Ballot/Consent #1 was removed.
About a week after distribution of that form, friends and owners of mine questioned me repeatedly “if my attorney had approved the Ballot/Consent #2?” At first, I thought it was another silly rumor circulating but later, a credible reporter related a statement made by a board member. The board member stated that Management Company staff had assured her that my attorney had approved Consent #2.
I immediately wrote to my attorney, Frd O’Neal, for a comment. He flat out denied talking to ANYONE connected with SLohA, the Management Company or SLohA/Management Company attorney about this form. He had never seen the form, much less reviewed and approved it. He gave me permission to quote him on the Community Resident Forum.
I then published his statement on the Community Resident Forum to correct the misinformation for all owners to learn.
On Jan 22, 2016, Management Company’s attorney, Debra Bad-nutcake, wrote an email to my attorney, Frd O’Neal, insisting that he had approved the current Ballot/Consent Form. Mr. O’Neal flat out denied this and demanded that Bad-nutcake prove her allegations. Mr. O’Neal further chastised Bad-nutcake for making “veiled threats” against him and his client—me. It thus became obvious that the SLohA board of directors was following the directive and assurance of its general counsel, Bad-nutcake, when it published and promulgated the false statement attributed to my attorney, Frd O’Neal.
Mr. O’Neal copied me in his response to Bad-nutcake and said:
The Florida Bar has pretty strict rules governing attorneys' misrepresenting facts to third persons. For example, Rule 4-4.1 "Truthfulness in statements to others" states: "In the course of representing a client a lawyer sH all not knowingly: (a) make a false statement of material fact or law to a third person; ..." If, in light of that, you would like to file a Bar complaint against Ms. Bad-nutcake for her misstatements about my having reviewed and approved the new consent form, I've attached the Bar's self-explanatory form.
Thereafter, on Jan 24, 2016, I filed the FL Bar complaint form with ten (10) pages of attachments as evidence of the statements contained here.
Since you requested a narrative in addition to my exhibits, I will add a PS—and although this is NOT a part of my complaint— it is relevant to the overall unbecoming behavior of Ms. Bad-nutcake. It is a second shocking example of the continued unprofessional behavior of Bad-nutcake at a Special Meeting of the SLohA on March 2, 2016 to announce membership Ballot/Consents. An owner indicated that he would be filing a legal cH allenge if Department of Economic Opportunity (DEO) approved SLohA’s application for revitalization. Ms. Bad-nutcake stated that the owner was forbidden to do so as a term of the mediated settlement of the lawsuits to which he was not a party. Dialogue between the two became increasingly tense as Bad-nutcake insisted that he could not legally cH allenge. This became contentious to the point of an “incident” resulting in police reports. I am providing the involved owner with a copy of the Complaint Form so they can file their own grievance, if desired.
Sincerely,
S u e Tg
Cc: Frd O’Neal
Heidi E. Brewer, Bar Counsel
Attorney, Consumer Assistance Program
The Florida Bar
651 East Jefferson St
Tallahassee, FL 32399-2300
RE Debra Susan Bad-nutcake; RFA No. 16-10979
Dear Ms. Brewer:
This letter is in follow-up to yours dated Feb 25, 2016 to provide a written narrative. Some background information is necessary so I will use this narrative format to describe the context of the current complaint, as you requested.
Sometime in mid-January 2016, I was asked by another owner if my attorney, FurrRedIck O’Neal, had approved Ballot/Consent Form #2. This is referred to as #2 because there was a Ballot/Consent Form #1 many months earlier related to a first attempt by this homeowner association, S-bag Lake Owners Association Inc., (SLohA) to revitalize expired Covenants.
Ballot/Consent Form #1 was severely flawed and soon became the subject of a mediated agreement among SLohA and three (3) SLohA owners –two separate lawsuits that were joined by the same attorney, FurrRedIck O’Neal. As agreed by the involved parties—SLohA and 3 owners--Ballot/Consent #1 was “thrown out” as a condition of the mediated settlement and it was agreed that the single identified flaw would be corrected on a subsequent attempt(s).
A SECOND revitalization attempt began Jan 6, 2016 with a 2nd Ballot/Consent form presented to members where the flaw on Ballot/Consent #1 was removed.
About a week after distribution of that form, friends and owners of mine questioned me repeatedly “if my attorney had approved the Ballot/Consent #2?” At first, I thought it was another silly rumor circulating but later, a credible reporter related a statement made by a board member. The board member stated that Management Company staff had assured her that my attorney had approved Consent #2.
I immediately wrote to my attorney, Frd O’Neal, for a comment. He flat out denied talking to ANYONE connected with SLohA, the Management Company or SLohA/Management Company attorney about this form. He had never seen the form, much less reviewed and approved it. He gave me permission to quote him on the Community Resident Forum.
I then published his statement on the Community Resident Forum to correct the misinformation for all owners to learn.
On Jan 22, 2016, Management Company’s attorney, Debra Bad-nutcake, wrote an email to my attorney, Frd O’Neal, insisting that he had approved the current Ballot/Consent Form. Mr. O’Neal flat out denied this and demanded that Bad-nutcake prove her allegations. Mr. O’Neal further chastised Bad-nutcake for making “veiled threats” against him and his client—me. It thus became obvious that the SLohA board of directors was following the directive and assurance of its general counsel, Bad-nutcake, when it published and promulgated the false statement attributed to my attorney, Frd O’Neal.
Mr. O’Neal copied me in his response to Bad-nutcake and said:
The Florida Bar has pretty strict rules governing attorneys' misrepresenting facts to third persons. For example, Rule 4-4.1 "Truthfulness in statements to others" states: "In the course of representing a client a lawyer sH all not knowingly: (a) make a false statement of material fact or law to a third person; ..." If, in light of that, you would like to file a Bar complaint against Ms. Bad-nutcake for her misstatements about my having reviewed and approved the new consent form, I've attached the Bar's self-explanatory form.
Thereafter, on Jan 24, 2016, I filed the FL Bar complaint form with ten (10) pages of attachments as evidence of the statements contained here.
Since you requested a narrative in addition to my exhibits, I will add a PS—and although this is NOT a part of my complaint— it is relevant to the overall unbecoming behavior of Ms. Bad-nutcake. It is a second shocking example of the continued unprofessional behavior of Bad-nutcake at a Special Meeting of the SLohA on March 2, 2016 to announce membership Ballot/Consents. An owner indicated that he would be filing a legal cH allenge if Department of Economic Opportunity (DEO) approved SLohA’s application for revitalization. Ms. Bad-nutcake stated that the owner was forbidden to do so as a term of the mediated settlement of the lawsuits to which he was not a party. Dialogue between the two became increasingly tense as Bad-nutcake insisted that he could not legally cH allenge. This became contentious to the point of an “incident” resulting in police reports. I am providing the involved owner with a copy of the Complaint Form so they can file their own grievance, if desired.
Sincerely,
S u e Tg
Cc: Frd O’Neal