NO JURISDICTION ?!?!
Blake medical Center made a motion to dismiss within the body of his jurisdictional position to the court. I had ten days to reply. However, Blake's lawyer's ignored the address given in new Jersey and sent it by overnight delivery to an apartment, which was unoccupied. It was too late to respond. Upon consultation with Blake's Lawyer to ask his agreement to filing a belated response. I was told, that the Appeal Brief jurisdictional position would be considered and there was no need to file. The court then granted Blake's request for dismissal.
Normally, you could read the court order, but strangely in this case, you must travel to Atlanta. No image can be gotten other wise. The docket entry is as follows:
"07/22/2003 ORDER: Appellee's motion to dismiss appeal for lack of jurisdiction is GRANTED. GBT/JFD/EEC/ See file for Complete Text"
The text is as follows:
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
NO. 03-12226-GG
CAROL STRONSTORFF,
Plaintiff-Appellant,
versus
BLAKE MEDICAL CENTER,
INTEGRATED HEALTH SERVICES OF BRADENTON,
et al,
Defendants-Appellees.
Appeal from the United States District Court for the
Middle District of Florida
Before TJOFLAT, DUBINA, and CARNES, Circuit Judges.
BY THE COURT:
Appellee Blake Medical Center's motion to dismiss the appeal is (GRANTED. The district
court's: (1) February 14, 2003, order granting one defendant's motion to dismiss; (2) March 19,
2003, order granting an extension of time within which to obtain counsel; and (3) April 15, 2003,
order denying reconsideration thereof are not final and appealable. 28 U.S.C. § 1291; Fed.R.Civ.P. 54(b); Corsello v. Lincare. Inc., 276 F.3d 1229, 1230(11th Cir. 2001); Williams v. Bishop, 732 F.2d 885, 885-86 (11th Cir. 1984); Bon Air Hotel Inc. v.Time, Inc., 426 F.2d 858, 862 (5th Cir. 1970).
stamped:
Filed JUL 22 2003
ThOMAS K. KAHN
CLERK
----------------------------
I just glanced at those cases and they do not support mine at all - I never got to discovery and they talk summary judgment. The Bon Air, at first glance, even seems to support me. The remaining party in the first one would be kicked out, too, since they should enjoy the same rights as Blake - only a real attorney!
Amazing - I would flunk the test with that kind of sloppy work, yet they pass judgment on our important rights to life - jail 4 judges! www.jail4judges.org
------------------------
1) CORSELLO v. LINCARE, INC., 276 F.3d 1229 (11th Cir. 2001) This case is a qui tam action and there is one remaining party with an automatic stay as in mine, but the district court's order [my judge] did effectively end all litigation. It does constitute a final decision, because he made it a requirement for an attorney to proceed in this false claims case [FCA]. This decision must be applied equally to all parties - not just Blake Medical Center. Therefore, the appeals court does not lack jurisdiction over this appeal.
3) BON AIR HOTEL, INC. v. TIME, INC., 426 F.2d 858 (5th Cir. 1970) concerns granting summary judgment on fully developed by depositions and affidavits. Issue are malice and freedom . There is nothing fully developed in this case though constant violation of the laws granting both an itemized bill in the name of the treating facility, the complete medical records and the refusal to follow local court rules demanding discovery. They refused to even identify the ordering and treating physicians.