Paragraphs which would show not only fraud particularity, but intentional infliction of emotional distress and which could have been proven with Plaintiff-Appellant’sĭocuments: ♡9: malicious slander and malicious defamation of character. Judge Hunter’s Order does not address the following PLEASE NOTE: Judge Hunter’s Order doesn’t properly address causes of action which would show that Plaintiff-Appellants had in fact plead fraud with particularity as required to successfully plead for the cause of action in the following: ♡1: which shows fraud and how the fraud was committed (particularity) ♡2: shows that Plaintiff-Appellants were “Business Victims” which again shows the particularity needed to plead fraud ♢5: shows fraud and how the fraud was committed (particularity) PLEASE NOTE: Their acts resulted in damage to Plaintiff-Appellants and their property, a recoverable cause of action. ♡5: Shows breach of contract ♡7: Shows that because of Wachovia’s part, they were part of a conspiracy to defraud Plaintiff-Appellants, they breached their fiduciary duty, and neglected their duty to have law enforcement officials look into the situation. Further, Wachovia never denied the activities. Shows fraud with particularity and shows that Plaintiff-Īppellants have the bank records reflecting these activities. 2, ♫ states “Because the criminal statutes referenced in Paragraphs … do not provide for private causes of action, Plaintiffs have no cause of action for any alleged violation.” Plaintiff-Appellants will address these as Judge Hunter has listed them, under Criminal statutes and Plaintiff’s paragraphs: ♦, ♨: Doesn’t in itself provide for a cause of action, but Wachovia’s part resulted in a tort which is recoverable and Wachovia had a fiduciary duty. Causes of Action Improperly Addressed By Superior Court’s Order: Judge Hunter’s Order signed April 12, 2007, pg. Causes of Action In Plaintiff-Appellant’s Pleading that were not addressed by either Wachovia or Superior Court: Violation of Privacy Conspiracy to Defraud Securities Fraud Theft By Deception Malfeasance Co-conspiracy in Malicious Persecution Co-conspiracy in Vexatious Litigation Malicious Slander Malicious Defamation of Character Damages and Other Relief. Judge Hunter failed to address several causes of action in her Order and the ones addressed were improperly addressed.
#Sample motion for reconsideration federal court plus
One would believe this Honorable Court suggests that Judge Hunter and Superior Court did not violate Rules of the State and Federal Courts as well as State and Federal statutes involving the dismissed litigation, this Honorable Court in essence is suggesting that the Civil action in fact was never pending Removal to Federal Court Wachovia was in fact in default and had failed to file a responsive pleading in seventy plus days.įurther, Plaintiff-Appellants listed several causes of action for which relief could and should have been granted. Plaintiff-Appellant’s case was dismissed as retaliation against Plaintiff Stegeman for naming Superior Court Stone Mountain Judicial Circuit as a Defendant in United States District Court. A reconsideration will be granted on motion of the requesting party, only when it appears that the Court overlooked a material fact in the record, a statute or a decision which is controlling as authority and which would require a different judgment from that rendered, or has erroneously construed or misapplied a provision of law or a controlling authority.
Appellants show in the following the basis for Granting their Motion For Reconsideration. Appellants would like the Court to take Notice that the paperwork they received was not signed by any of the three judges listed as having reviewed their Appeal and Appellants find it unusual that an Order is not signed. MOTION FOR RECONSIDERATION Comes Now, Appellants in the above Appeal, and pursuant to Rule 37 of the Rules of the Court of Appeals of the State of Georgia, timely file their Motion For Reconsideration within ten days of the Decemaffirmation of Superior Court’s Judgment.
WACHOVIA BANK, N.A., et., al WACHOVIA SECURITIES, et., al.
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