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    Florida disabled pro se litigant filed motion to vacate final judgment with ex parte emails as evidence that expose due process violations for corruption, bias and prejudice by the 18th Judicial Circuit Court in Viera Florida.

    • Date
      September 15, 2020
    • City/County
      Brevard
    • Type of Case
      Foreclosure
    • Case Details
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    Title

    Florida disabled pro se litigant filed motion to vacate final judgment with ex parte emails as evidence that expose due process violations for corruption, bias and prejudice by the 18th Judicial Circuit Court in Viera Florida.

    Date
    September 15, 2020
    State or Country
    Florida
    County/City:
    Brevard
    The Court the Case was filed in

    Harriette V. Moore Justice Center

    Type of Case
    Foreclosure
    Case Number

    05-2015-CA-042159

    Judges

    Lisa Davidson
    Charles M. Holcomb
    David Dugan

    Plaintiff

    Carrington Mortgage Services, LLC
    Bank of America, N.A.

    Defendant

    Abdiel Echeverria
    Isabel Santamaria

    Plaintiff Attorney

    Akerman, LLP
    Scott Russel Stengel
    William P. Gray
    Paul Etorri

    Leibler, Gonzalez & Portuondo
    Sahily Serradet

    Marinosci Law Group
    Michael Gelety
    Donna Evertz

    Clerk of Court

    Scott Ellis

    Others that affected your case

    Ty Berdeaux
    Mark Van Bever
    Jennie Young
    Debbie Howells
    Scott Ellis
    Thomas A. "Tad" David
    18th Judicial Circuit

    Comments

    What started out as a foreclosure case morphed into severe civil rights violations after disabled litigant Isabel Santamaria requested ADA accommodations through the court and requested that her ADA Advocate/Oral Interpreter be present in all court related activities due to her disabilities. Mrs. Santamaria was not aware until recently of all the ex parte communications between judges, court personnel and state actors who consistently demonstrated bias and hatred towards Mrs. Santamaria which ultimately sabotaged her case and trial.

    ADA Coordinator Ty Bordeaux went out of his way to make it his mission to retaliate against Mrs. Santamaria after making ADA accommodations requests involving an ADA Advocate to assist her.

    However, the most visibly discriminatory and retaliatory acts occurred on November 30, 2016 in open courtroom during a hearing. Mrs. Santamaria was having a panic attack during a hearing scheduled for one hour. She filed an emergency motion to cancel the precious day because her ADA Advocate was not able to attend the hearing. Judge Davidson denied her emergency motion even though she was all alone and having a panic attack. Panic attacks cause her blood pressure to rise and Judge Davidson knew that she had hypertension as per her accommodations request form.

    Judge Davidson forced the hearing to proceed even though Mrs. Santamaria was having a difficult time speaking. She also had to take medication openly in the courtroom because she felt she was going to pass-out or have a stroke because of the pressure she was feeling in her head. Throughout the hearing, Mrs. Santamaria expressed several times that this was a violation of her civil rights and that she should not be there. Judge Davidson didn't care. The hearing proceeded. The opposing attorneys were benefiting from the abuse as Davidson was granting everything they wanted. No recess was ever called or suggested due to her obvious condition.

    After approximately 45 minutes of what Mrs. Santamaria felt was torture, she passed-out in her chair. However, the hearing still did not stop. The hearing proceeded. Mrs. Santamaria was left there to die, unable to speak while opposing counsel proceeded with their argument and she was not able to defend herself. Not even the slightest interest was displayed or spoken regarding Mrs. Santamaria's condition in the courtroom. No recess was called and no one cared to check to see if Mrs. Santamaria was dead or alive or if she needed an ambulance.

    After approximately 15 minutes of being passed-out in medical distress and unable to speak, Mrs, Santamaria collapsed on the floor. At that time, and only at that moment, was recess called by Judge Davidson.

    Mrs. Santamaria woke up sprawled on the floor face down and the Bailiff assisted her in sitting up. She was hyperventilating, crying and with pressure in her chest. She had no idea what had happened or if the hearing was over. What she did know is that Judge Davidson had disappeared from the courtroom. An ambulance was dispatched and when the paramedics first took her blood pressure, it was 230/165. Mrs, Santamaria was in a hypertensive crisis for a long period of time which was supposed to cause a stroke. Mrs. Santamaria was then transported to the hospital and incurred numerous medical expenses as a result.

    Mrs. Santamaria was denied due process that day and throughout the course of litigation along with severe violations of her civil disability rights. Mrs. Santamaria and her husband were denied due process due to severe violations and bias and prejudice displayed in ex parte communications that jeopardized the outcome of the case.

    The trial judge. Judge David Dugan, obviously ruled against Mrs. Santamaria and her husband after Judge Dugan was provided a biased history and issues of the case by Ty Berdeaux 3 days before trial.

    Mrs. Santamraia and her husband filed a Motion to Vacate the final judgment pursuant to Florida Rule 1.540(b) for fraud upon the court and for lack of jurisdiction after the court violated Defendants' due process rights. Ex parte emails are attached to the motion.

    Document Links 1 (Scribd et. al)

    https://issuu.com/isabel1170/docs/echeverria_motion_to_vacate_9.15.20

    Contact Info

    Isabel-1229@hotmail.com

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