Sent: Monday, December 18, 2006 9:52 AMSubject: Re: this is not mary, it's David Petrano, RE: Pickles
What do you want to do in this case with regard to Mr. Pickles? I can send a subpoena D/T, maybe. I am uncertain as to what the trial court view is the status of the case. I thought we viewed the status as you guys have had the in rem part of the case up on appeal for some time now, and the in personam denial of the leave to amend is on appeal. Can we even do anything in the trial court level at this point without running the risk of Rule 11?
Also, Mary had replied that pleading a case against Hutto for the fraudulent testimony would be protected--and I do not know conclusively the answer to that question without researching it--but my next question is OK then, why not plead the case against Schryver for suborning the perjury? There certainly must be a cause of action for that. (You have actual damages in the custodial fees assessed against you) Also, this would have been another possibility--would it not--had the trial court allowed you the chance to amend your complaint. And clearly there would be no time-based or abuse-of-amendment arguments to prohibit such an amendment.
I hope Mary understands that I am for you as clients. ...
I should be hearing back from attorney Munch here in the next bit on whether Schryver wants to settle the case. Presently, there is no offer on the table, nor has there been from the Defendants.
Frank D. Butler, Esq.
10550 U.S. 19 North
Pinellas Park, FL 33782