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