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Pastimes : Brokerage-Chat Site Securities Fraud: A Lawsuit -- Ignore unavailable to you. Want to Upgrade?


To: olivier asser who wrote (3136)7/21/2005 12:12:28 AM
From: olivier asser  Read Replies (1) | Respond to of 3143
 
Judge Sparks opined that "it is obvious" that his order finally dismissing Berber and Moor and deciding that I shall "take nothing" for the damage they caused me and 10,000 other American citizens is not appealable.

I don't think so - and, neither does the law. PERIOD. Any lawyer worth his salt knows that much.

Those of you with any knowledge of the law will recognize that the federal rules of appellate procedure mandate that all final orders are appealable. See rule FOUR.

Judge Sparks has no authority whatsoever to rewrite them just for this particular case.

End of story.

At the same time, Judge Sparks ordered that he is no longer with any jurisdiction over these claims. That is quite correct. Only the Fifth Circuit has jurisdiction now. If I lose there, and at the Supreme Court then, quite a few state attorneys general will have jurisdiction, as I recently promised Berber and Moor. I wonder if they really believe after all the promises I have kept that I am bluffing. Their problem if they think so.

Maybe I am being baited. This time, I do not bite. I'll post my opening appellate brief here in due course.