Ivyshaw Landing v. Mayhew — Civil Case No. 12-CV-0254 03/29/13

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• published: 04 Apr 2013
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Ivyshaw Landing Neighborhood Property Owners Association, Inc. vs. Connie D. Mayhew, Ronald F. Mayhew, and William Bobby Brown in civil case # 12-CV-0254 before Judge Robert B. Struble. 00:00 Pre-hearing 02:03 Judge Struble explains structure 05:22 Mayhew: We have outstanding motions that are before the Court that have not been ruled upon — I don't understand how we can proceed to trial at this time with those motions outstanding. 05:36 Judge Struble: I was not aware of those motions. 05:47 LoMonaco: Your Honor had, um, emailed both of us that you would hear the motions first and instructed us to be ready for trial. 05:57 Motion to strike jury demand 07:47 Motion in limine 08:07 Motion for discovery and for sanctions 10:13 Judge Struble: Is this a de novo hearing? 15:46 I don't wear a robe unless we have a jury. 22:19 Title 44, Chapter 3, Article 6 Property Owners' Associations O.C.G.A. § 44-3-229. Persons deemed to be "lot owner." O.C.G.A. § 44-3-232. Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; obligation to provide statement of amounts due 23:44 Judge Struble: Alright, I'm gonna reserve ruling on motions — but we'll go on ahead and hear the evidence. 24:13 Hearsay rule — new rules of evidence effective Jan. 1, 2013 27:13 Opening statement by Jason LoMonaco 27:51 $500 annual association dues 28:48 Grand total doesn't add up 31:49 Opening statement by Ron Mayhew 37:03 Older judges like to tell stories 37:59 Exhibits presented by LoMonaco 38:53 Rule of Sequestration of witnesses 39:58 Request for continuing interrogatories and for admissions 45:47 Kathy Weintraub, examined by LoMonaco 1:14:39 Recess 1:15:56 Connie Mayhew arrives 1:17:09 Reconvene 1:18:53 Kathy Weintraub, examined by Mayhew 1:25:28 Kathy Weintraub, examined by LoMonaco 1:26:00 Bruce Weintraub, examined by LoMonaco 1:45:50 Bruce Weintraub, examined by Mayhew 2:07:02 Ron Mayhew asks Bucky Weintraub: When that appeal was made, why did you shoot our dogs? 2:08:01 Gwinnett County Solicitor's Office prosecutor Tad Keller — public official 2:18:33 LoMonaco testifies on attorney's fees as witness 2:24:51 LoMonaco, examined by Mayhew 2:26:57 Lunch break 2:31:46 Mayhew testifies as witness 2:33:49 Developer Ivey Shaw LLC (members Danny Reid, Danny Bennett and Bill Barnett): Why don't you just lie to the county? 2:39:59 LoMonaco: Objection! The witness is incompetent to testify on that. 2:43:08 Our common area has been stolen from us. 2:44:08 That transfer makes the entire subdivision invalid — does not conform to county and state law — because the statutorily required common area does not exist. 2:51:35 We now have some septic systems leaking sewage into the lake. 2:53:05 LoMonaco: Objection! There's nothing to qualify this witness as an expert in septic systems. 2:53:18 Mayhew: I'm a nuclear engineer with a heavy background in environmental issues. 2:54:00 Judge Struble: I'll allow you to testify. 2:57:36 It's a danger to human health. 3:04:19 By taking that common area from the subdivision, they have made the subdivision non-conforming to the state and county codes. 3:08:12 Mayhew, examined by LoMonaco 3:23:42 Mayhew sued developer, county health department, bank — and lost based on a technicality, not based on the merits. 3:40:25 Recess 3:41:41 Closing statement by Jason LoMonaco 3:44:57 Incurred does not mean paid. 3:47:27 He hasn't proven anything. Mr. Mayhew is not an engineer. 3:47:56 I make a formal motion to strike any and all testimony by Mr. Mayhew. He is not an expert. That testimony is of no consequence. 3:48:35 With regards to the effluent, he gave the conclusory statement that something is going into Lake Lanier. No testimony that he actually did a test. He claims that a test was done. We don't have that test before the Court. We don't have those witnesses before the Court. 3:50:24 Motion for directed verdict — involuntary dismissal 4:02:10 We don't have the engineer's opinion. 4:03:05 Judge Struble: You didn't mean to say that. 4:03:31 LoMonaco: I started with fumbling and now I'm ending with fumbling. 4:07:35 Closing statement by Ron Mayhew 4:11:12 Rebuttal by Jason LoMonaco 4:13:46 LoMonaco asks to submit a post-trial brief 4:13:51 Judge Struble: I do my own judgments. 4:14:00 Post trial 4:15:00 Judge Struble: Actually, Mr. Mayhew, you did fairly well — for a non-lawyer. 4:16:25 LoMonaco: We did it all today. 4:17:07 Judge Struble: I'm over 81 years old. Forsyth County Magistrate Court 1090 Tribble Gap Road, Cumming, Georgia 30040 Friday, March 29, 2013 at 9:00 a.m. Zoning Application ZA2404 http://estatus.forsythco.com/application.aspx?App=ZA2404&ID;=92023 Civil Action No. 2 12-CV-00120-RWS. http://scholar.google.com/scholar_case?case=17841625979335706000 BROWN v. SUNTRUST MORTGAGE, INC. Nydeo by Nydia Tisdale for http://www.AboutForsyth.com.