Motion to Vacate Order Allowing Weber to Supplement Record

8/14/2019 Motion to Vacate Order Allowing Weber to Supplement Record

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UNITED STATES DISTRICT COURTFOR THEMIDDLE DISTRICT OF FLORIDATAMPA DIVISION

In re: MARK A. ADAMSAppellant,

CASE NO.: 8:08-cv-01570-RAL

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ij21:- >- ... .,. "7VAPPELLANT'S VERIFIED MOTION TO VACATE ORDER OF NOVEMBEB 14,U)OSGRANTING APPELLEE'S MOTION TO SUPPLEMENT THE RECORD ON 'APPEALCOM ES NO W, the Appellant, Mark A. Adams, and files this Ve rified Motion to Vacate

Order of November 14 ,200 8 Granting App ellee's Motion to Supplement the Record on Appealshowing:1. On November 1 4,2008, the Appellee, Timothy W . Weber, appearing pro se, filed the

Appellees' M otion to Supplement the Record o n Appeal and Extend the Time Period for


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written, and the order was not mailed to the undersigned until November 17,2008 or later.See a copy of the order of November 14,2008 with a copy of the clerk's envelopetransmitting the samewith a postal meter stamp dated November 17,2008 attached asExhibit A.

3. IJndoubtedly, as attorneysare required to be familiar with and comply with the rules ofprocedure and are prohibited from filing baseless or misleadiig documents with the court,most motions to enlarge time which this Court reviews are likely timely and show goodcause why an enlargement of time should be granted and in instances when the motion isuntimely, also show that the failure to act was the result of excusable neglect.

4. However, the record shows that asusual, Weber filed a baseless and misleading motionwhich failed to meet the basic requirements for a motion to enlarge time, perhaps that is whyhe failed to serve a copy to me. Specifically, Weber's Motion to Supplement the Record wasuntimely, failed to show good cause why an extension of time should be granted, failed toshow that his failure to act in a timely manner was the result of excusable neglect, and wasfiled on the Friday just before his answer brief was due.


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falsely and misleadingly claimed that Web er's Motion to Supplement the Record should begranted because the undersigned did not file the "entire record on appeal" claiming that therecord which was filed with this C ourt violates this Court's orde r entered on September 9,2008 (Docket # 8). Once again, Weber either failed to read the governing rule of procedurein violation of his duty to this Court or he has intentionally misled this Court. The record onappeal is defined and explained by Federal Rule of Bankruptcy Procedure 8006 which statesin pertinent part, "The record on appeal shall include the items so designated by theparties, the notice of appeal, the judgment, order, or dccrec appcalcd fiom, and any opinion,findings of fact, and con clusions of law of the court." (Emphasis added.)

7. In Weber's Motion to Supplement the Record, W eber admitted that he w as aware that onSeptember 22,2008, the undersigned filed a designation of item s to be included in the recordand a statement of issues to be presented which were served to W eber via U.S. Mail onSeptember 20,2008 , and that the items designated as the record on app eal were filed withthis Court on September 29,2 008 .

8. Apparently, Weber failed to notice or chose to ign ore the pertinent part of Ru le 8006 which


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October 3,2008. Instead, Weber waited until Novem ber 14,2008,42days past the deadlineand wo weeks after the Appellant's In itial Br iefh ad been filed, to seek to tnclude add ~tto nalitems in the record by filmy a baseless and m isleading motion with thls Court

10.As Wekr's Motion to Supplem ent the Record was untimely, failed to sho w good cause whyan extension of time should be granted, f i l e d to show that his failure to act in a timelymanner was he r es dt of excusable neglect, was filed an the Friday just before hrs answerbr ~ ef as due, was also false and misleading, and was not served to the undersigned and asWeb er~sMotion to Supplement the Record was granted without notice and an opportunlty tobe heard being afforded to the undersigned, the o rder grantlng Weher's Mo tion toSupplem ent the Record entered on November 14,2008 should be vacated.

1I . 'Curthermore, as W eber has engaged in bad faith conduct and as he undersigned has sufferedprejudice as a direct result of such egreg ious unethical conduct, this Court r;houid strnkc thesupplemental items and Web er's Answer nnef fmm the record and proceed with thedetermination of this appeal based on the Appellant's Initial Brief.

WHEREFORE, d ~ e ppellant respectfully requests that this Court enter an order


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CERTIFICATE OF SERVICEI hereby certify that 1 have served a true and correct copy of this document via U.S. Mail

to Donald R. Kirk, Esquire, of Fowler White B o g g Banker, P.A., counsel for Timothy WWeber, at P.O. Box 1438; Tampa, FL 33601; and to Timothy W. Weber, Esyuirc, pro se ofRatkglia, Ross, Dicw & Wein, P.A., at P. 0. ox 41100;St Petersburg, FL 33743 on r h ix. , . . .,',--- day of December, 2008.

-- --Mark A . Adams JIIIMBA4129 Balington Dr.Valrico, FL. 33596Telephone: 81 3-643-441 2


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Case 8:08-cv-01570-RAL Document 20 Filed 1111412008 Page 1 of 2

UNITED STATES DISTRICT COUR TMIDDLE DISTRICT OF FLOR IDATAM PA DIVISION

MARK A . ADAMS.Appellant,

CASE NO: 8:08-CV- 570-T-26CORPOIU7'1


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Case 8:OR-cv-01570-RAL Document 20 Filed 11/14/2008 Page 2 of 2

DONE AND ORDERED at 'Tampa, Florida, on Novem ber 14,2008

siRichard A. Lazzu~.aRICHARD A. LAZZARAUNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:Counscl ol'liccordClcrk, Bankruptcy Cou rt


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UNITED STATES DISTRICT COURTMIDDLEDISTRICTOF FLORIDA

pFFIC?SOF THE CLERKUNITED STATES COURTHOUS E'KAMFA, F~ORIDA 3602

OFFICIALBUSINESS

Motion to Vacate Order Allowing Weber to Supplement Record

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