FILeD

9FFICE
IN THE SUPERIOR COURT OF fOUrtW Y r; ..
MICHAEL L. LOWE,
STATE OF GEORGl.!\.
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Plaintiff, v. ) CIVIL ACTION FlLF: /T (
) NO. 08-CV1l24JO
ELISA M. LOWE, )
)
Defendant. )
Certificate of Service
COMES NOW, Elisa L. Lowe and certifies that she has filed a Rule Nisi in the above-captioned
case and shows that she has mailed, via first class mail, copies ofsaid Rule Nisi to Martin
Valubena, attorney of record for the Plaintiff:
Said documents were mailed. via U.S. First Class Mail, to Plaintiff's Attorney of Record as
follows:
Martin Enrique Valubena
113 Village Walk, Suite B
P.O. Box 1125
Dallas, Georgia 30132
7
Elisa L. Lowe
Defendant
279 Crossroads Estates Drive
Newnan, GA 30265
(404) 704-7058
199
IN THE SUPERIOR COURT OF PAULDING COUNTY
MICHAEL L. LOWE,
Plaintiff,
v.
ELISA M. LOWE,
Defendant.
STATE OF GEORGIA
*
*
*
*
CIVIL ACTION FILE
*
*
NO.: 08-CV-1124-JO
*
*
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PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION
TO SET ASIDE, MOTION FOR NEW TRIAL, AND RENEWAL OF
REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1'lNUING
FRAUD COMMmED BY ATTORNEY MARTIN E. VALBUENA
Plaintiff Michael L Lowe files this Response to Defendant's Motion to
Set Aside, Motion for New Trial, and Renewal of Request for Rule 12
Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin
E. Valbuena ("Motion For New Trial") and shows the Court as follows:
1.
Plaintiff's Motion for New Trial should be denied because the Court's
Final Order as originally issued was proper.
2.
In addition, at the time of the final hearing, Defendant consented to
the change of custody to allow Plaintiff to have primary physical custody of
the Parties' children. Therefore, because she consented to the Court's
change of custody and award of primary physical custody to Plaintiff, she
200
can not now object to the Court's ruling awarding such. The only issues
litigated were the conditions of Defendant's exercise of visitation rights and
the amount of child support that she should be required to pay.
3.
Defendant's Motion for New Trial is difficult to follow, nevertheless, the
primary argument that Defendant appears to raise Is once again her
assertion that this Court had no jurisdiction to hear this case. Defendant
has made this argument no less than three times, and the Court has
properly denied It each time.
Plaintiff flied this change of custody action on March 4, 2008, and
Defendant was served with the Complaint and Summons on March 28, 2008.
Thereafter, Plaintiff and Defendant appeared in Court pursuant to the Court's
Ex Parte Order on April 1, 2008. Defendant was represented by counsel,
Dawn Ballard
l
at that hearing, who prepared and presented the Order from
that hearing. Defendant did not raise any objection to the Court's
jurisdiction at that hearing, and in fact proceeded to re-obtain primary
physical custody of the Parties' minor children, pursuant to this Court's
Order dated April 8, 2008.
It can not be disputed that Paulding County Superior Court has
SUbject-matter jurisdiction over domestic relations cases, including a change
of custody case like the present case. It also can not be dlsputed that
Defendant was properly served with process In this action on March 28,
2
201
2008, which established personal jurisdiction over Defendant. Defendant's
objection to the Court's exercise of jurisdiction is more directed at an
objection to venue. However, the Court has properly found that Defendant
waived such an objection.
After the hearing on April 1, 2008 and the Court's Order entered on
April 8, 2008, neither Defendant's attorney nor Defendant flied a timely
answer to Plaintiff's Complaint, which included an allegation that "the Court
has subject-matter jurisdiction over this case" and that "venue Is proper in
this Court." In fact, Defendant never tiled any answer to Plaintiff's
Complaint. The first pleadings that Defendant tiled in the case were not until
July 19, 2010
1
well after she had already admitted by default Plaintiff's
allegations regarding subject matter jurisdiction and venue.
Based on her failure to tile a timely answer or to file any pleading
objecting to the Court's jurisdiction and venue for more than two years after
being served with the Complaint, this Court found and has continued to
properly conclude that Defendant waived her any right that she may have
had to contest the Court's exercise of venue over this case.
4.
Notwithstanding the Court's proper findings, Defendant's arguments
regarding "another court having proper jurisdiction" over this case are
misplaced. Defendant argues that Coweta County should have jurisdiction
over this case pursuant to D.C.G.A. 9-2-S. That statute may be used to
3
202
prevent a Plaintiff from litigating two identical cases in two separate courts
at the same time, which did not occur In this case. Nevertheless, a party
may also waive its application If not timely raised, which Defendant did not
do. Dickens v. first Capital Income Properties, 187 Ga. App. 607 (1988);
liner y. North, 184 Ga. App. 74 (1987).
However, even if Defendant did not waive her right to assert the
application of 9-2-S, It does not apply to the facts of this case because the
two actions cited by Defendant did not Involve identical causes of action. In
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the 2004 Coweta County change of custody case, Plaintiff relied on factual
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circumstances that took place before that action was flied and that occurred
up until the final hearing in that case, which was held in April 2005. In this
I
case, a 2008 Paulding County change of custody case, Plaintiff relied on
factual circumstances that took place in early 2008 and on the children's I
minor child election affidavits filed in 2010 stating that they wanted to live
with their father. Thus, Plaintiff did not simultaneously maintain two
I
Identical actions against the same person in two different courts because the
factual circumstances at issue in those two cases were completely different.
Moreover, the Court can see from Plaintiff's Complaint in this action that he
considered the Coweta case to be completed, notwithstanding that the
proposed final order had not been executed In that case.
f
4
203
5.
Defendant refers to O.C.G.A. several times, but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to
11-60. In that regard, Plaintiff has no understanding of what error
Defendant Is raising with respect to a "fraud, accident or mistake" evident in
or that resulted in the Court's judgment. Plaintiff believes that there was no
such fraud, accident or mistake that resulted In the Court's judgment.
Moreover, Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court.
In addition, Plaintiff has no understanding of how Defendant believes
that the application of is appropriate. Consequently, Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court.
6.
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendant's Motion after the portion
of quoted transcript from the Parties' currently pending Coweta contempt
case. Defendant has raised the issue of this Court's exercise of jurisdiction
In this change of custody case In that Coweta contempt case. On February
17,2011, Judge Baldwin ruled that he would not take up any issue regarding
this Court's exercise of jurisdiction in that contempt case.
5
204
- ~ ~ ~ ~ ~ - - - - - ~ ~ - - - - - ~ - - ~ - - - - - - ~ - - - - - ~ - - -- ~ - - ~ ~ - - - - ~ - - - - - - - - - - ~ - - - ~ - - - - - - - ~
As for Defendant's arguments regarding being "home cook[ed]" and
this Court's "misplaced trust and reliance on the assertions" of Plaintiff's
counsel, once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Court's judgment be set
aside. Defendant consented to the change of custody sought by Plaintiff.
Why and for what reason she is now challenging the Court's award of
primary phYSical custody in line with her consent is not clear whatsoever.
Defendant has also requested previously and reasserts a request for
"Rule 12 sanctions." Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action. Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule. Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure, _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County.
7.
Finally, to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court "set aside Its
previous verdict and judgment, dismiss this case, and vacate any [and] all
previous orders entered by the Court, [s]aid action to be a dismissal with
prejudice ...," Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial. To the extent that Defendant
6
205
is requesting a new trial be ordered in the case, Plaintiff requests that the
Court deny such a request for the reasons stated above.
WHEREFORE, Plaintiff Michael L. Lowe requests that Plaintiff's Motion
for New Trial be denied.
Respectfully submitted,
MARTIN ENRIQUE VALBUENA, P.e.
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Martin Enrique Valbuena
Georgia State Bar No.: 723164
Attorney for Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
Dallas, Georgia 30132
(770) 443-2204
Fax (770) 443-6613
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CERTIFICATE OF SERVICE -.:
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I hereby certify that I have this day served a copy of the :::'
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pleading upon all counsel of record In this matter by placing a copy C:O
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the United StaieS Mail with sufficient postage affixed thereon to ensuie
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delivery as follows:
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Ms Elisa M. Lowe
279 Crossroads Estates Road
.\\A Newnan, Georgia 30265
This day of March 2011.

MARTIN ENRIQUE VALBUENA
Georgia State Bar No.: 723164
113 Village Walk, Ste. B
P.O. Box 1125
Dallas, Georgia 30132
(770) 443-2204
8
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IN THE SUPERIOR COURT OF PAULDING COUNTY
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STATE OF GEORGIA
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MICHAEL L. LOWE,
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VS. ) FILE NO. OS-CV-OOl124-JO
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ELISA M. LOWE,
Defendant
RULE NISI
The above case is hereby set for hearing on defendant's Motion to Set Aside, Motion for
New Trial, and Renewal of Request for Rule 12 Sanctions before this Court on the ,,+hooy of
Ifer; I ,2011, at 9:00 a.m., Paulding Superior Court, Courtroom 3,280
Constitution Blvd., Dallas, Georgia.
SO ORDERED, this ___ day of Marrk ,201 L
208
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CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows:
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Ms. Elisa M. Lowe
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279 Crossroads Estate Road 9 '::
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Newnan, GA 30265
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Mr. Martin Valbuena -7<::: :.:
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Anorney at Law " o r...... N -<0

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P.O. Box 1125
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Dallas, GA 30132
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,2011.
(J?b
Pam Cochran, Secretary to
James R. Osborne, Judge
Paulding Superior Court
Paulding Justice Center
280 Constitution Blvd.
Dallas, GA 30132
770-443-7636
209
~ ~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday, April 6, 2011 for a hearingron
MICHAEL L LOWE,
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*
Plaintiff,
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CIVIL ACTION FILE
v.
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EUSA M. LOWE,
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*
NO.: 08-CV-1124-JO
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Defendant.
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ORDER
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Defendant's Motion to Set Aside, Motion for New Trial, and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E.
Val buena In the above-entitled case. Plaintiff appeared through counsel and
Defendant appeared pro se. After reviewing the file, pleadings, briefs filed with the
Court and applicable case law and hearing argument, and It appearing to the Court for
meritorious reasons and for other good cause shown, It Is therefore Ordered,
Adjudged and Decreed:
Defendant's Motion to Set ASide, Motion for New Trial, and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E. Valbuena is Denied.
IT IS SO ORDERED this ~ day of April 2011.
pw;:;a
Martin Enrique Valbuena;"Esq.
Ga. State Bar No.: 723164
Attorney for Plaintiff
210
"
FILED IN OFFICE
"'''OLDING COUNTY, nt.
IN THE SUPERlOR COURT OF PAULDING COUNTY " APR 20 PIt It, 31
STATE OF GEORGIA
TInA W. SHl'I.TON
MICHAEL L. LOWE, )
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Plaintiff. )
v. ) CIVIL ACTION FILE
) NO. 08-CV-1 124-JO
ELISA M. LOWE, )
)
Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa M.lowe and after being duly swom by the underliigned
officer authorized by law to administer oaths, swears and deposes as follows:
That ram Elisa M.lowe. defendant 10 the above-captioned matter. and that I wish
to appeal from an adverse decision 10 this matter but because of my poverty I am unable
to pay cost or to post a supersedeas !:lood (if required).
My indigence has already been recognized by the Paulding Superior Court as I have already been
appointed a Publk Defender for a related but different action in this Superior Court NO. 09-C&-000665
Submitted this 20th day of April 2001


Appellant c..:;:::r
ProSe
279 Crossroods states Drive
Newnan, GA 30265
404704-7058
Sworn to and subscribed before me
on this .,. Day o!
Notary Public:
My commission Expires 12 -/1- 7p1/
211
FILED I
fI" lit 01",,. N OFFICE
.. COU"'T
"APR 't.(;,.
20 ", ", 37
IN mE SUPERIOR COURT OF PAULDING COUNTYT'\I JI W $
STATE OF GEORGIA ,.A...... TON
MICHAEL L. LOWE, ) . r ---rJ
)
Plaintiff, )
v. ) CIVIL ACTION FILE
) NO.08-CV1124-JO
ELISA M. LOWE, )
)
Defendant.
CERTlFICATE OF SERVICE
COMES NOW, Elisa L Lowe, and certifies that she has filed the following document In the aoove-captioned
case and shows that she has mailed, via registered mail, a copy to Martin Valbuena. attorney of record for the
Respondent:
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed. via U.S. Registered Mail. to Plaintiffs Attomey of Record as follows:
Martin Enrique Valubena
113 Village Walk, Suite B
P.O. Box 1125
Dallas. Georgia 30132
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-
Petitioner
ProSe
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Court of Appeals
of the State of Georgia
ATLANTA, MAY 25, 2011
The Court ofAppeals hereby passes the/allowing order:
APPLICATION NO. AIID0382
ELISA M. LOWE V. MICHAEL L. LOWE
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Upon consideration of the Application for

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Appeal, it is ordered that it be hereby GRANTED. The
. ,
file a Notice of Appeal within 10 days of the date of ..
c'
The Clerk of SUPERIOR COURT is directed to include a
"
order in the record transmitted to the Court of Appeals. -c- =?
98032
08CV1124
'.'t>
Court ofAppeals ofthe State of Georgia
Clerk's Office, Atlanta
MAY 25 2011
I certify that the above is a true extract from
the minutes of the Court of Appeals of GeOrgia
Witness my signature and the seal oj said court
hereto affixed tlie du:y and year last above above written.
Clerk.
f{., $ 4-?--r
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213
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Ms. TREVA W. SHELTON
CLERK, PAULDING SUPERIOR COURT
ROOM 1023
280 CONSTITUTION BLVD.
DALLAS GA 30132
AllD0382
214
98032
,,
Court of Appeal.
of the State of Georg.a
A'l'LUII1'A, ~ 2 ., 201.1
1M Ccutt of~ Mreby pasw thefol/IJKfl1ts orde:
APPLICATION NO. AllD0382
.EloISA M. LOW V. MICHARL L. LOWIS
upon consideration of the Application for Discretionary
Appeail, it 1s ordered that: :it be bereby GRANTED. The Appelll.Ult may
file a Notice of Appeal within 10 days of the date. of this order.
The Clerk of SUPERIOR COIlRT is directed to .include a copy of this
order in the record transmitted to the court of Appeal.
o8CV1l.'i1,
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Court ofAppelll.r ofthe Stale -of GffNg/Q
Ckrlc's ()jJlal, .4.tkmta
NAY 25 2011
J ~ that th, abel'll iI a true utrtICIfro!n
the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the ,_fsaid court
hmto ajJtxid tlie dIrj and year /Qst aJiqve abtNe written.
Cleik. .
{{.,.1'41--"
215
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I T SUPERIOR COURT OF DEKALB COUNTY
.. STATE OF GEORGIA
COWETA COUNTY CIVIL ACTION
RE,
FlLENO.04-V-32

ATTORNEY'S LIEN


Delia T. Crouch. Attorney at Law. claims a lien on all property conveyed. tnmsferred, or
otherwise placed into the possession of MICHAEL L. LOWE. and the conveyor is hereby
notified ofsaid claim oflien. Said lien is being served and filed pursuantlo O.e.O.A. 15-\9-14
in the amount 0($11,040.87 and said lien shall be superior to 1111 other liens Cl:cpt tax liens and
flO person shall be at liberty to satisfy s.uch action herein. judgment or decree until the lien or
claim Qfthe attomey's is fully satisfied.
Further Affiant saith not.
Respectfully submincd,

DliLIA T. CROUCH'"
GA Slate Bar No. 198353

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llIB SUPERIOR COURT OF PAULDINO COUNTY
STATE OF OEOROIA
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IUDGMF..NT
WHEREFORE. it appcari", 10 1his Honorable Coun thII this eM is In ."11, II is heidi)'
ORDF.RE.D. ADJUOOED IIId Df.CREED thII judplll is hmby ORANTED
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Older wu dilly savod upon !be couucl of'roeonI _II by mtlllnt a \rlf1ime N
poIIIp Jft1lIIid ria Firat C\IIs$ U. S. Mail, addreacd .... ,\ ;'::" "" ,....

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Mr.IoscpII Cooling ',:: 't?

MIIII1 Dneltcn, LLC
Ou Pata Wat, SuiIC 1400
m7Pata Fcny R.a
AdmIa. GA 30339
Mr. Micbael L. Lowe
3ItGarWay
Dallas. GA 30132
This f" day ofApril, 2008.
II Coarthousc Sqaare
Room30S
DIIlu. GA 30132
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IN THE SUP1UUOR COURT ()II PAULDING COV\'.TY
STATE OJ' GEORGIA
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COMES NOW !he !'IIiIIIifl'in !he IClion IIId submits llii. CompIciat
\!II Ace<uIt IIId SIICa the t'oIlowintJ:
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The 0efaIdIm is ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction ofIIIis
Coun. Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress:
III OSCAR. WAY
DALLAS. GA .)01)2
2.
DefCllldlnt opcacd ad ercdit ICeOlIIlt wid! HSse CREDIT SERVICE
INC.. DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions of!be tecount.
lhiIckU WIll pun:hascd by the PIliDIlff'1IId !be PIIi1Ilifl' now.....the reel pany in
\nteJat In !his 1Ui1. Tbc Clll'tlll1IftOIIM ofSl.236.49 is
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1foIico1W1ttonIo1', teesllld Imcratawrquirod IIIIdcrO.C.O.A. f 13-1-11 has
IIem Ii-to IIId nrceiml by Iho DefimdInIt III(ft \bin 10 days prior bereco. l'tai1IlifT
!lOW ad qaIa.unew demIIId for payment orlhis oWIption suocI upon. wkII
inlerm.1IId upon !'aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom I*dpl of
1IIispctitlOll, PIalntilfwill claim lIl1Omey's fees pnwided for saidobliplion.
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WHEREfOR, PIabltIItdemands judpcat IU follows:
a) tpincipahlllOUlll of $162.19,
b) tor an ICWl.leClItUemlIn tile..,. of SlSI.08,
e) for rcIIOIIIIIIIe 8IIOtIIey's&!es ill dltllWlOlllltof $111.22,
4) tor Court COllIS ill dIt 1IlIOOIII or$1(15.00._ fOf sucboCber
Court deems just IIIId propII'.
RespdIIIyd!miUcd.
SHAFBR LAW FIRM
ShIIer Lew Firm
3S2S JIIedma.w ROId
BuiJdI., 6, Sui. 302
AduIa, OA 30305
TeII/pfIoM (404) 237-19l"

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IO'H'" I\\"<n"" South. fll!l1k1in. Tenn<S5<'C :<"'%-10 (6 IS) '9-1-!51:1
CriIaiw.IIlM-MtigoIioIt Di'mioft
SptciCll YktiMs Ultit
.. MEDIA RElEASE
Georgia Woman arrested oa C.stodiallnterfereace charges ie Frankli.
Lat.. in the evening of0312412OOll. The Franklin Poli"" Depanmenl was alertocI by the Dallas, Georgia
Police OepanmcnIthlUWO boys (lOin<! 12 yeat$ old) had been liken Ii'om their father by the ",,win..
Ella M. lAnM, in violation of. court order indicating 1IIe llIIher bad full custody of the boys. Further
information indicated Ihat EIIaa M. Lowe had !eft the State ofGeorgia and W8$ residing in Fnmklin,
T-. WarranlS bad been taken 0111 in Dallas, Georgia for Elisa M. Lowe', arrest for lnlcrfcrencc with
Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts). A Jetter of
cxlladition for EIIaa M. Lowe was signed by the District Allorney ofPaulding County. Georgi.
The Georgia Bur_ of l........ruaation bad issued a media advisory reptding the boys' removal from the
fathers (aidenl;e in Dallas, Georgia.
On 312512008, the boys were located 81 Fnmklin area and weTI! taken inlO custody by the Franklin
Polil:e Department Special Vli:tims Unit. The boys were latta' "",oited with their fatbet at the Franklin
Police Department.
LaD: after!1oon OIl 03l2SI2OO8, EIioa M. Lowe anived at !he Fnmklin Police Depanment and was takmln10
C\lstody on'the OIII$tanding WWflUlIS, .......... was chl.Qled with Fugitive Ii'om Justice here in WiRiarnson
(..,
County. and i. awaiting extradilion IiOd< 10 Georgia wilhoUl bond.
for immedhrte Release
Sflrge,mt E. An(/el'.>I11l
etJm/er!i(lllfajranklin-gm"mm (6HJ 5Jtl-611411
WDII......... c....".,. Crime Slo.....rs wllil"lY .p to 51.080 for laform_IIOII eallecl iAto 194-44iOO a_,
IeaQ to an arnst.Dd ladlmneaf. Calle .. wID remala aaoaymOUSI IIHIy will 0II1y .... kIIowa by dI.,
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WHEaEFOR.E. Plalatift'...judpIcoI as follows:
a) for princ:iJMlamO'Ullt of 586219.
b) (or allll:CNlld interctt mlhumounl of $ \St.oa.
e) (or 1ItOI:1Iq'" fees ill1bl:1III'lOUIII of $111.22,
d) torCollrtCOlltl i111bI:1IIIOUIIt 1)($I05JlO, IDCI rot' sue\'l oCher rellcfullIis
ColIn deems jllSt and proper.
RespcclfiIIIyMmiUed,
SHAFER LAW FIRM
9hIIcr Law Firm
3$2S PWmonr ROid
OaikIinaf. SIIiIe 302
AdIIII. OA 3OlOS
Telepllont (404)131-lcn4
FIX (404) 231-1941
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bttp:llclerksntt.comIWebCaseManagementlImageheader.aspx?RECfYPE =Civi1&id =i65.. . 12125/2004
220
Ea.t Coweta High School
Lowe, Zachary T
400 Sharpsburg-McCollum Road
2009 - 2010 Report Card
Sharpsburg. GA 30277
Grade: 09
(770)254-2850
Attendance Summary:
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll
Total 'Z'I o 'Z'I 2 8 6 8 3 ,,70 11
Grade Report
c_
Sii'iiiiSi8i Averall!
04) 170110ilQ9024 HEALTI'I [fid'Nill. Jason SOOtiJ Progress F{8port
9 wi( Gi'idii 8
01) 2iltl1003::! IAJTlCOMp [

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9TH [Ruhaia Report t 02) 260120019-2 BIOIOiIY AdVaIIcGO Grade 7
Ann Mariel Sem..A!!!!S!

wSlit R8jiOrt ;:
03) 270910030:5 kOiiI Miitfi I:GeomIAig Grade
[Darby, Kelly) semeiiii A:!!!!!S!

04) 36051003\)08 PeiiiOi'IiiI FiIIM$ [T1dWiiIC JiIiIOri r!-Re@ 1(
Scxltt1 wi( Gl'ilde

____________
(Spradlin. Dena] Siiiiiiitiii A:!!!!II!
03) 604710010:2 SPANISH I(MUITIiIy. Gretchen] Report

Siiri86iii

t
semeBl8t Average
REPORTCARO
NUITl!IIic Grading 5caIe: 1'.-100 10 90; B - 891080; C-791o 71; 0 - 70; F - 89 and below.
To Parent/Guardian of Zad'lary T Lowe
222
7
Jj:f,I-28-2001 12:2SP FROM:
TO: 7104433034
P.C!'2
.' )
OM, EvanM. Dally Attltndanc:e
Ion, Jan 28, 2008 11:54 AM Page: 1
.
224

Atlanta Public ScI100Is
ELEMENTARY PROGRESS REPORT
STUDENT'$ NAlilE l-o\N -e..
STUDENT'S NUMBelCJ6G3 970
GRADEISECTION ....5...L-____
A grade 01 E, S, or U has _nassigned for conduct and work habits. If
improva_lls needed. an X has _n placed btosidfI the _iI1e

... Ii,
'Oboyaruluandregul_ 1.,;;)1 : ' ,
I . ...._.... _.01$1
, Worlcolpt. woP _ oIIIors :
;.._,.___ . ___.. ___ ___",
WORK HABITS . 'jS'C]
FOllOWS _... ! ! ! ,
-+-----r---.
,.'
hornewOl1! :::> I . '
Com"..'eJ.&a wOf'k on u".. :5' :- . -. .
u... Wchnology_1y
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N
DopAbHnt
DopTardy 3i
i6 ['
i--'- ",'" -- __ '___ ____." __._._ __,l." , _ c
t .. ..
Promoted to Grade,_________________
__________________
Re1ained in Grade___________________
, Summer Sdlool RequinKl: Dyes DNa Summer Sit8: ______
to teaetiiirwlthJn two daysj:
TeACHER'S COMMENTS
C<mfereneo -.ueslod by te_
""II.! 1" ,j ;
e__reque_ by_1'II
.SJen IS. ({ b:::i40 '. f,JIQdb k;J \!.)Oft I' ,,,,',,,,',,,
I have ,.vI_tId \he progreu ,.port for my child.
S"'\>flfhi
Pfia..
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PARENT, PLEASE COMMENT ON BACK.
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13
12:12 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
laltName Firs! Name Middle name
Birth Date

1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale
Elisa lowe 404-934-3656 08113107
M2ruIn Il.!ti!!!l:t
'lVednesdllv
Friday
I1iI1I I1iI1I I1iI1I JlliM!l!l.H!l2 I1iI1I QB
08113 08114 08115 08116 ....... . 08117
08120 08121 " MNM 08122 A .. .. 011123 08/24
08127 08128 08129 09130 08131
09103 HOLIDAY 09/04 T 1)91!)5 OQ/O(\ 09/07 T ..
09/10 OSil1 08112 09113 09114 sz- - ..
08111 09118 SSSSSSSS 09119 T ...... 09120 ..... A 011121
09/24 T.. 09125 01ll2ll 09127 08128 T ....
10101 10102 T. 10103 10104 10105
1_
OTHER 101Q9 10110 T .. 10111 ss s ... 10112
101\5 10116 10117 10118 lWZ 10119
10122 T 10123 10124 10129 10126
10129 10130 A. AA 10131 11101 11m T
11105 MAA- A 11106 OTHER 11107 11108 11109
11112 MMMM 11113 T 11/14 11115 11116
11119 M AAMM 1\120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
11/25 11127 T 11128 11/29 111!1O M AA- M
12J<)3 12104 12105 12106 12/07
12110 12/11 A. AA 12112 12113 12/14 A AMI'.
12117 M AA A 12/18 T.. 12/19 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 12/28 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY
HOLIDAY
12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 SSSZ 01118 01117 01118
0\121
HOLIDAY 01122 $ SSZ 01123 01124 01125
01128 01129 :
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o
A = Unx.Abs 7 9 3 9 9 4 6 6 o o o
M:; Med. Appt.t.. o o o 1 o o o
s= Illness 1 5 4 4 1 o o o
T. Uox. Tely o 12 o o o 0 o 0 o o o
Z '"
Totals
Exc. Tdy.4 o
104
0
104
1
104
1
104
2
104
0
104
o
104
0
104
o
o
o
o
o
o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext: Act "TeIy E-Tdy N/E POll Total
Present 96 o o o o o o o 0 96
A: Unx.Abs o 7 o o o o o o 0 7
S" IIlnells o o o o o o o 0 1
Totals
96 7 o o o o o 0 104
237
' ~ -
Samuel Inman Middle School
01129108 Period Attendance Report ATP13
12:12 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam, Firs! Name Mlddkil narne ~ ~ ~ ~ &mlm
1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone interOal! Leave Date
Elisa Lowe 404-934-3656 08/13107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- " Present 644 0 0 0 0 0 0 0 0 644
A" Unx.Abs 0 46 0 0 0 0 0 0 0 46
M= Med.Appl. 0 0 0 5 0 0 0 0 0 5
S = Illness 0 0 0 17 0 0 0 0 0 17
T" Unx. Tely 0 0 0 0 0 12 0 0 0 12
Z = Ex... Tely 0 0 0 0 0 0 4 0 0
Totais
644 46 0 22 0 12 0 0 728 "
"
238
I
Atlanta Public S<:hools
ELEMENTARV PROGRESS REPORT
STUDENrS NAME 1-c>W.e.,.
STUDENT'S 970
______
fo< """',,room performance In eachsubject.

.

E = E_SUOndar<l
!<
I M =MeetIng Grade Level Standard
IN' Not Mealing Grade Level Standard
t,,"_;';';'-uA:"
Ideas
Domain: Organization
Domain: Style
E =Ex_Standard
M =Meets Standard
N Does Not Moot
"..,;,' -' ,"""'-:t-._..;.._. ___ _.._ __ ,,",.,.it_c,. __ _
E=E_S1Bn<lar<l
M Meeting Grade 5tJIndar<l
_____.___"_'_.
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improvement Is needed, an X has been placed beslda the specific

-.Is +_:?- ::U 4
CONDUCT
Practlc Hlf cc:mtrol
_poets Ihe rlghta .nd pro""rty of oth"",
._---------_._-
.. regulatlona
Is __I. apaach and action
..
Comp_ homeworK
Complete, cl .... work on time
u ... technology oIfwcUvoly
ATTENDANCE
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DayoPraaant
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Days Tardy
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Days 011 Roll ___ .___ . _.:9
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PromctI!d 10 Grade
Placed in Grada,___________________
.Retained in Grade
__ .o;1UHlllltH.;;)'Il.C' ______
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. . ._-- _.... _.. ,....
5.-..:>
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_?ut carefully dotted line (return to teac;l1er w!t"ln two daYS): _.. __ .. , _
TeACHER'S COMMENTS
eont...... _""' by te_
Conferwm:e requested b1 pantnt
+0
I ha... reviewed the prog........ report for my child.
io(\ an M1t.J:?- @f. alf' c/a:?SI'O"Of'\-! ..
fII......"ilIiStildiiiriiiliiiie
SigMtute
PARENT, PLEASE COMMENT ON BACK.
WHiTL ...'I:Hrll,\N;'NT GkEEN i_OWe MiD S'TO;.:D
F:;j, r ;r i ,j
Lee Middle School
Lowe, Evan M
370 Willis Road
2009 2010 Report Card
Sharpsburg, GA 30277
Grade: 07
(770)251-1547
Attendance Summary:
Term 1 T_2 Term 3 Term" Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy
00 0 0 0 [l 0 0 0 [I 0
o 2 0 0 2 4 1 1:1 2
1T.t IJ
"
IJ

U 2
03 1
Jl
_0 0 2 0 4 0 1

IJ4 I) IJ \I Z U 4 IJ IJ
O!)
0 2 0 3 0 4 0 10 [I
00 :< \I 2 \I 3 IJ :> u 1Z IJ

2 _0 3
--'L
1 :> 0
--.!L
Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4
He8/Ih - 7 [BUSh)


03)214210037034 TECHNOLOGY 7(cavanaugh. ri*'S Report
Sallyl
(U) 214211)03741 TECHNOLOGY 11C8Y8il8Uiih. '\1f!jRejlOrt
gm' 9wkit
3012OO3():11 LANG ARTs 7 (Evans) rwe-r
94
84
i
;
;g

G
Serneslwr A\1111'8118
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06) 23012203006 LiTERATURE t (Stiphins]

Pniij_ Report
9wkG e
SernesIwr A\1111'8118

6i!
68
B5

iI:I

S,

OS) 26011003():15 UFE SCiENCE. 1 [BI'OWnl


wkG e
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90
jj5

SernesIwr A\1111'8118 74 79
02) 27022003(H2 MATH -7 [AII8n. C.)

PfOtI- aport
T_ 2 ();lmmonIr'-"'-", ___!!!!!!!lI
84 68 15
'f7
75
iiwkGrade 83 12 70 15
Semester A\1111'8118 '18 73
03) 36008008731 P.E. '1 [Hiii'risl
:ie
e
Report
e
11m
1
76
03) 360080081"32 P.E. 7IRiiriiSj



[14) 30008008143 P.E. '7 (HarlIs]


04) 36OOiI0087-44 P.E. 7(Harris]

i'liiili
(1)45OOilOO37.11 SOC SCiENCES 7(RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe, EvanM
Course Talk T1 12 T3 T4

... /(l''''

83 TO 70 61
11 6B
Year Avs!'!S!. -------n
03) 500120037"33 visuAl ART 11Singletonl tD
9Wi<GnKfe
.... R. 61
70
Numeric GnIdIng Scale: A 100 to 90; B 8910 80; C 7911> 71; 0 70; F 89 and below. The -.dance In MIddle School Is pertod --.e. The
1OtaI ........... _ number 01 pa10da misled per !elm.
TO: 8Ih Gnode PanIIlIs
_ PromoUon or for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT.
for 20102011
Your <;hid will be ae1Iigned 10 1he grade.
241
lowe, Zachary Period Attendance
Tue, Nov 20, 2007 03:55 PM Page: 1
242
Lowe, Zachary Period Attendance
Tue, Nov 20, 2007 03:55 PM Page: 1
All Bell Periods
Date Day 2 3 4 5 6 7
08/13107 (AI
08/14107 (B)
08115/07 (AI
08116107 (B)
08/17107 (AI
08120107 (B)
08121/07 (A) MED MED MED
08122/07 (B) UNA
08123107 (A)
08124107 (B)
08127/07 (A)
08128107 (B)
08129/07 (Al
08130/07 (6)
08131/07 (A)
09103/07
--
09104107 (8) UNT
09(05/07 (A)
09/06107 (8)
09107/07 (A) UNT
09110107 (6)
09111/07 (Al
09/12107 (8)
09113/07 (A)
09/14(07 (6) ILL ETD
09117107 (A)
09118/07 (8) ILL ILL ILL ILL ILL ILL ILL ILL
09119/07 (A) UNT
09120107 (6) UNA
09121/07 (AI
09124/07 (8) UNT
09125/07 (A)
09126107 (6)
09127107 (A)
09128/07'(8) UNT
10101/07 (A)
10102107 (8) UNT
10103107 (A)
10104/07 (8)
10105/07 (A)
10108/07
10109107 (B)
243
Lowe. Zachary Period Attendance
Tue. Nov 20. 2007 03:55 PM Page: 2
All Bell Periods
Date Cay 1 2 3 4 5
(I 7
10/11/07 (8) ILL ILL ILL
10112107 (A)
10/15/07 (8)
10/16107 (Al
10/17/07 (Bl
10118107 (A) MED MED ETD
, 0/19/07 (B)
10122107 (Al UNT
10123/07 (8)
10124107 (A)
10125107 (8)
10126/07 (A)
10129107 (8)
10130/07 (A) UNA UNA UNA
10131107 (8)
11/01/07 (A)
11102107 (8l UNT
11/05/07 (Al UNA UNA UNA UNA UNA
11106107
11107/07 (8)
11108107 (Al
11109/07 (8)
11112/07 (Al UNA UNA UNA UNA UNA UNA UNA UNA
11113107 (8l UNT
11/14/07 (AI
11115107 (8)
11116/07 CA)
11119/07 (8l UNA UNA UNA UNA UNA UNA UNA
11120107 CA)
11121/07
11122107
11123107
11126107 (Bl
11127107 CAl
11126107 (Bl
11129/07 (A)
11130107 (8)
12103/07 (A)
12104107 (B)
12105/07 IAl
12106107 IBl
12107/07 (AI
244
_____
Lowe, Zachary Period Attendance
rue, Nov 20, 2007 03:55 PM Page: 3
Date
12111/07 (A)
12112107 (8)
12113107 (AI
12114107 (8)
12117/07 (A)
12118107 (8)
12119/07 (AI
12120/07 (8)
12121/07
12/24107
12125/07
12126/07
12127107
12128107
12/31/07
01101108
01/02108
01103108
01104108
01107/08 (AI
01/08108 (81
01109(08 (AI
01/10/08 (8)
01/11108 (A)
01114/08 (8)
01115/08 (AI
01/16/08 (8)
01/17108 (AI
01118/08 (B)
01121108
01122108 (AI
01123/06 (Sl
01124/08 (AI
01125106 (8)
01128/08 (AI
01129/06 (8)
01130/08 (A)
01131/08 (8)
02101108 (A)
02104108 (8)
02105108 (AI
02106/06 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
, . ~ -
lowe, Zachary Period Attendance
Tue, Nov 20, 2007 03:55 PM Page: 4
All Bell Periods
Date Day 1 2 3 4 5 6 7
O2I08J06(B)
02111/08 (A)
02112106 (B)
02113106 (AI
02114/06 (Bl
02115108 (AI
fl_
02118108
02119/06 (B)
02120/08 (AI
02121/08 (Bl
02122108 (A)
02125/08 (B)
02126108 (A)
02127/08 (B)
02128108 (A)
02129108 (B)
03/03108 (A)
03104108 (B)
03105108 (A)
03106106 (6)
03107/08 (A)
03/10/08 (8)
03111/06 (A)
03112/08 (B)
03113/08 (AI
03114/08
'''':'..:,:; ~
03117/08 (B)
03118108 (A)
03119/08 (8)
03120/08 (A)
03121108 (B)
03124/08 (A)
03125108 (B)
03126108 (A)
03127/06 (6)
03128/08 (A)
03131/08 (B)
04101106 (AI
04102108 (B)
04103108 (A)
04/04108 (B)
04107/08
246
~ ~ ~ . ~ . ~ ..~ . - - - - - - - - . ~ - - - ~ - - - - - - - - - - - - - - - - - - - - - - -
Lowe, Zachary Period Attendance
Tue, Nov 20, 2007 03:55 PM Page: 5
Date
04/09108
04110/08
04/11/08
04114/08 (A)
04/15/08 (8l
04116108 (A)
04117/08 (8)
04118108 (Al
04121108 (8)
04122108 (Al
04123/08 (8)
04124108 (Al
04125/08 (8)
04128/08 (A)
04129/08 (8)
04/30/08 (A)
05/01108 (8)
05102108 (A)
05/05/08 {Bl
05106108 (Al
05107/08 (8)
05lO8l08(Al
05109108 (8)
05112/08 (Al
05113108 (8)
05114108 (A)
05115108 (8)
05116108 (A)
05119108 (8)
05120108 (Al
05121108 (8)
05122108 (A)
05123108
247
GaIIil,cn.a. tnfWwd: Court Docs"

EII.- LoWe <elisa404@gmail.c:om>

..coogw
Contact info

leslie Kozloski <Ikozloskl@woepa.c:om> Wed, Feb 13, 2008 at 4:14 PM
To: Elisa Lowe <elisa404@gmail,com>
Elisa,
Gus says you are under the signed Order and Judgment filed August 14, 2001.
leslie Kozloski
Wood, Odom & Edge, P.A.
(770) 253-9865
from: Elisa Lowe
Sent: Wednesday, February 13, 2008 3:54 PM
To: Leslie Kozloski
Subject: Contact info
[Quoled text hidden}

..... j/4fm()
249
Gmai! Images in "Fwd: Court Docs" Page 3 of43
FEB-13-2008 lIED 12: 04 PI! WOOf) ODOlf & EDGE PA FAX N1 770 883 9895
01.
-:..: .- LV'. ' /--1 ': ri"",oril"
f)'

A
7 CLERK OF
5UPFRltlRIJUVEN!l.E
IN THE SUPERIOR COURT Of COWETA cmtUln'Y
STATE OF GBORGrAI.
1
AUG I" PIt 4: 16
CINilY G. iJrtOWN. CI.GEJ.U'
COWETA COUNTY.
ELISA MARIB LOWEi.
Plaintiff.
CML ACIlON FILB
\'S.
NO. 2OO1-VS61
MICRABL L. LOWE,
Det'etldanl.
ORDER AND.IlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation. and Motion for
Contempt. At die hearing scheduled in this mauer, the Defendant failed to appear, ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant.
Aftr:r oonsidmtion of the evideru:e presented by die PlaindIY, It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to !he
Plaintiff the sum of mo.oo per month as support fur their minor children, Wd sum to be
payable 011 August 10, 2001 and on !he tenth day of each month thereafter uatil bodl drildren
of !he parties attain tile age of flll\iority, die, enter die armed fon::cs, or become self
svpponing, provided that said child support s/IaIJ /lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fulltime in a secondary schOOl, until such child
..._ .............. - ... ."IIIt ttuonhl I;naU first occur.
https;lImail.google.comlmaiV?ui=2&ik=045905t287&view=att&th'"12a3d943cad77b5a&di... 8/4/2010
250
Gmail- Images in "Fwd: Court Docs" Page 5 of43
FEB-I3-2008 WEI) lZ:04 I'll m ODOI'I & EDGE PA
---' ..-
FAX NO. 770 683 9895
---------
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-....
The DefeMant is furtber: din:eted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income. As additional child SuppOIt, the Defendant
slIalJ. pay a sum equivalent to twenty-five percent (2S %) of any excess gross income whicll he
earns from alllOur<:e$ over and above the :rum of $3,000 per month.
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records. It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies, on or before April ISo. of each calendar
year (for the pn:ceding ealendar year).
Tbe Defendant's obligation to pay aU tuition fees, luneil money and activity expense
incurred for the cbildren to attend the Academy of St. George is tennillllU'Jd, it awcarin. that
the cI'IiIdren are DO longer enrolled In said school.
The Dct'eJ'Idant's Wednesday visitation Is tenninatcd.
Tbe Plaintiff f1k.d a Motion for Contempt due to the Defendant's failure to provide
medical illSUl'3J\Ce coverage for the children, his failure to provide copies of :115 federal income
laX return, and his failure to vacate the marital residence as required by the Aarecment
between the parties, and his fallure 10 pay the federal income tax debt of the parties. Tbe
Plaintiffte&tified that the Defendant had sought "iMoeent ~ u s e ~ $ ~ with Internal Revenue
ScIvlce, and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties.
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree. The Defendant shall be allowed until September 20, 2001 to purge himself of his
2
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_. _ ..~ 1 3 - ~ WEI112:05 PH WOOl) 00011 & EDGE PA
FAX NO. 770 883 9895
P. 03
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ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo.
Dd'eadant is ordered and directed to show cause before this Court 0/1 September 20, 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattc:rs. Palling
such, !his Court will entertain a motion from the Plaintiff to iracarcetate the t>efendant for his
failUIe to comply.
TIle Court further awards attorney's fees and the com of !his actiOn to the P1ainIiff, and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $590.00 on or be1bre
September 20, 2001.
IT rs SO ORDERBO nunc pro tunc August 9,2001, this jL~ of August. 2001.
d '/J
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. IN THE StJPERlORISTATE CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L. LOuX; \0 V 1;0l\
PLAINTIFF
VS.
L. \....Ou..)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
" You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon !he Plainti1I's attorney. whose _
and addles, is:
ry, DV tin va I WtVd.
JJ 0 P.:tJtf- II
0(111 a<; 0(t 3b{?JZ
111.8118_10 the complaint whk:h is heTl!Wltb served upon you, within 30 days after service of dIia _uponytlO, aclosive
oHhe \lay of service. If you fall 10 do so.judgmcnl by default wUJ be laken againSl.you for !he tIIJief demandIIcI in lbeeompIlIint.
This \;).. day of 2OKL-.
C1ert of Superior/Stale Court
BY
lelk
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253
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IN THE SU
,'",OR COURT O' COWETA COUNTY ,OPERI
C
COURT
0
WI If
2m APR 12 AK (J: 59
STATE OF GEORGIA
CINDY G. BIlOWN. CtERI<
COWETA COUNTY. SA
MICHAEL L. LOWE, )
)
Plaintiff, )
v. )
)

)
ELISA L. lOWE, )
)
Defendant. )
MonON TO SET ASIDE ORDER
Plaintiff Michael L. Lowe files this Motion to Set Aside Order and shows the
Court as follows:
1.
Plaintiff Is a Florida resident. Defendant Is a Coweta County, Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive, Newnan, Coweta
County, Georgia 30265.
2.
Plaintiff Is requesting that this Court set aside Its December 8, 2008 Order
". '''--.' - .-. "- ---_... '--- --.- ..
dismissing the Parties' case entitled Michael L. Lowe y. Elisa L. Lowe, Civil ActiOn File
No. 04 V 32. Thus, this Court has jurisdiction and venue is proper herein.
3.
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14, 2004, and It was entitled MIchael L. Lowe y. Elisa L. Lowe, Civil Action File
No. 04 V 32. Defendant was served and filed a timely answer and counterdalm for
contempt thereafter. At that time, Plaintiff was represented by Della T. Crouch, and
Defendant was represented by Gus L. Wood. The case dealt with the custody,
254
,f
"
visitation and support of the Parties' two minor children, Zachary Thomas Lowe, 008:
5/7/1995 and Evan Michael Lowe, DOB: 7/90/1997 ("the Children").
4.
Judge William T. Lee entered an Ex Parte Temporary Order on January 14,
2004, changing the Children's custody, and then after a hearing, Judge Lee vacated
that Order and entered another Order on January 22, 2004, putting the original
custody order back in place with temporary modifications. A complete temporary
healing was held February 5, 2004, and Judge John Simpson Issued an Order further
modifying the Children's custody on May 7, 2004.
5,
Judge E. Byron Smith heard the case for a specially set final hearing on A p r l l - - ' - " ~ - ~ ---
12,2005, and he Issued his ruling from the bench following the hearing. Thereafter,
Plaintiffs counsel drafted a proposed order based on the Judge's ruling and forwarded
It to Defendant's counsel. A true and correct copy of the proposed order Is attached
hereto as Exhibit "A," and a true and correct copy of the portion of the court's
transcript containing the Judge's ruling Is attached hereto as Exhibit "6." The
attorneys did not agree on the proposed order, and neither attorney submitted a
proposed order to Judge E. Byron Smith for execution.
6.
Thereafter, although the order was unsigned, the Parties abided by the Judge's
ruling with respect to their Children's custody, visitation and support from the date of
the Judge's ruling until the time that the action was dismissed In December 2008.
"
2
255
/'
7.
Neither Party's attorney moved to withdraw from the case, but because a final
order had never been entered, although a final hearing was held and Judge Smith
had issued a ruling, the case was scheduled for a peremptory calendar on December
9,2008. Plaintiff and Defendant appeared without counsel. Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney, and Defendant
objected. Judge William F. Lee did not execute the proposed order, and he dismissed
the case without prejudice.
8.
PlaIntiff requests that the Court now set aside its December 9, 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith, and should l'he proposed final order meet with Judge Smith's approval, for Its
execution and filing. Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judge's ruling to Judge Smith
contemporaneously with the filing of this Motion. Should the proposed final order not
meet with Judge Smith's approval, Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution.
9.
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties, the Children or the judicial system. Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution, the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case.
10.
WHEREFORE, Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It, should It meet with his approval, or revise It to make any changes
necessary to comport with his ruling, and then allow It to be executed and filed.
~
This -L. day of April 2010.
MARTIN ENRIQUE VALUBENA, P.C.
~ ~
Martin Enrique Valbuena
Georgia Bar No.: 723164
Attorney for Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
Dailas, Georgia 30132
(770) 443-2204
Fax (770) 443-6613
4
257
---------

/ '.
/ f-tJ

CLERK or .
1

COURT
IN THE SUPERIOR COURT OF COWF.:rA COUNTY .
2DDBDEC-9 PH 1:54
STATE OF GEORGIA
G. 8ROWl\. CLERi\
COWETA tootHY. GA
c51wre 1 aJ..t'rM L-.
Plaintiff Ciyil Action No.
04: V6'2
c1wtfj an@ /L.
Defendant
ORDER
The within Is hereby dismissed without prejudice for lack of
pl'O$ecu1ion.
This 9th day of December, 2008
43
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IN COVltT OF :? h\)\...,s;2 \ J1 t':r ,COUNTY
STATE or GEORGIA
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PLAlImPl'
VS,
EL-\>i\ L .. S:ztc\i0!\
0I!Pl!NI)A!'iT
SUMMONS
ro TIll! ABOve HAMiD Dl!PENDANT:
y"" on boIcby __ao! noquin:d to III. widliho Clerk or said OOUII and ....... upon Iht P!a;,.tiIf'. 0II0nI<)'. "'*_
_ address II:
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III _III>!be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo. wllhlll30dtya dIet..mco of l1li. '_1Ipoo1"". IIlOduaM
of..day of..mco.lf1"" fill 10 do 10, !1Id...- by IIeIiNIJ will bo Iakeo ....... 1"" for Ibe n:Ilef .. !be compIolat.
Thll ",J.h day of /l?tt'>';" . 2OL.
am of SuporiorlSlalo Court
By ___________________________

Deputy CIert
........................ ,.,.,---. ............".............
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L. LOWE,
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Plaintiff,
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COMPLAINT fOR CHANGE OF CUSTODY
PIe/ntHl' Michael L. Lowe files this Complaint for Change of Custody
against Defendant elisa L. Smith, pursuant to O.C.G.A. 19-9-1 and -3 and
19-9-40 at. seq., and shows the Court as follows:
1.
PlaintHI' Is a Paulding County, Georgia resident. Up until February 22, 2008,
Defendant was a Fulton County, Georgia resident. Defendant left the state FrIday,
February 22, 2008 and moved to the Nashville, Tennessee area.
2.
Defendant's address In the Nashville, Tennessee area Is unknown, and
Defendant will not provide her address to Plaintiff. Plaintiffs counsel has
attempted to locate Defendant's boyfriend's address, but has only been able to
locate a possible P.O. Box address for him. Plaintiff will continue to attempt to
locate an address for Defendant, and If unable to do so will seek to serve
Defendant by publication.
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3.
Plaintiff and Defendant are the parents of two (2) minor (;hlldren: Zachary
Thomas Lowe, OOB: 5/7/1995, Age lland Evan Michael Lowe, 008: 7/911997,
Age 10.
4.
Plaintiff and Oefendant were prevloosly married, and they were dIvorced
in Coweta County, Georgia In Civil Action No. 99-V-447. The Court entered the
Final Divorce Decree on April 6, 2000 and an Amended FInal Divorce Decree on
May 17, 2000. True and correct copies of the Final Divorce Oecree, Amended
Final Divorce Oecree, Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits "A," 'B, C, and "D.
5.
Subsequent to their divorce, Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty, Georgia In Civil Action Ale
No.04V-32. The Court held a Final Hearing on April 12, 2005. A proposed
Anal Order was prepared but never executed. A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit "E. As a result of the
2005 Modification <!I<:tion, the Parties share joint legal and Joint phySical custody
of the Children. Since that time, the Parties have been proceeding pursuant to
the terms of the final Order, notwithstanding that It was never executed by the
COurt.
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6.
Pursuant to O.C.G.A. 19-9-41 and -61, which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act, Georgia Is the state that made
the Inltilll child custody determll\lltlon and the state that Is the Children's home
$tate. Pursuant to O.C.G.A. 19-9-62, none of the prerequisItes for the
termination of Georgia's continuing exclusive JuriSdiction are applicable to this
case. Thus, the Court has subject matter jurisdiction over this case.
7.
Pursuant to O.C.G.A. 19-9-23 and Art. VI, Sec. II, PM1graph VI or the
Georgia Constitution, venue IS proper In this Court. Plaintiff resides In Paulding
County and Defendant has left the state. Although Coweta County previously
granted the Parties' divorce and heard the modification case, none of the Parties
currently reside in Coweta County, lind It has no Interest In the case.
8.
Pursuant to O.C.G.A. 19-9-69, Plaintiff states that:
(a) He Is not aware of the Children'S address In Tennessee since
Defendant removed the Children from Georgia. During the last live (5) years,
while living In Georglel, the Children have most recentlv resided with Defendant
at 939 Euclid Avenue, Atlanta, Georgia and with Plaintiff at 311 Oscar Way,
Dallas, Georgia. The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur, Georgia. The Children
have not resided with any other persons during that time.
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
desc:rlbed above regarding the ChRdren's custody. Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children.
Plaintiff knows of no Individual, other than the Parties to this action, who has any
claim of custody or visitation rights concerning the ChIldren. The ChOdren are In
Defendant's custody and control since she lelt the state.
9.
Since the date of the Final Order, there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary 'physlcal custody.
10.
In early 2008, Defendant announced her Intention to move the Children
to Tennessee. The Parties discussed this Issue and as recent as Thursday,
February 21, 2008, had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee. The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year.
11.
On Frlday, February 22, 2008, suddenly and without any notice to
Plaintiff, Defendant left the state with the Children and apparently has moved to
Tennessee. She has not returned to her Fulton County home since that time.
She did not bring the Children to school the week of FebNary 25"'.
4
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12.
Since leaving Georgia, Defendant win rarely answer Plaintiff's telephone
calls lind Insists on communicating only by text message. Shl;l also has severely
limited his telephone contact wlttl the Children.
13.
Prior to leaving Georgia, Defendant had been neglecting the Children's
educatIonal well-being. The Children missed" Significant amount of school,
which led to poor grades, Indudlng falling grades for Zach. In addition,
Defendant consistently refused to respond to requests for Information from the
Children's school teachers and administrative offlclals. She would not speak or
meet with them to discuss these Issues, Including poor academic performance.
She dk! not Inform Plaintiff of such requests from the school teachers and
offldals.
14.
RecentlyI Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendant's
behalf. Upon Information and belief, Defendant Is lIVIng with her boyfrfend in
the Nashville, Tennessee area and has not enrolled the Children in school there
yet. These stability Issues have had a negative effact on tile Children. TIlese
Issues and the negative Impact they have on the Children, In the best Interests
of the Children, warrant that Plaintiff be named the Children's primary physical
C\.Istodlan.
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15.
None of Defendant's actions before leaving Georgia, deciding to leave
Georgia lind since leaving Georgia have been in the Children's best Interests.
She has acted with II CQI'l1plete disregard for the Children's best Intenests.
16.
Defendant's aetlons In mevlng and denying Plaintiff access to the
Children, her stability Issues and her neglect of the Children's educational needs
have created an emergency situation that In the Children's best Interests,
warrants an Immediate ex parte change of custody. Without this Immediate ex
parte change of custody, an eminent and substantial threat to the health, safety
and well-being of the Children exists.
17.
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children.
18.
As II result of the change of physical custody, the current child support
arrangement should be terminated. Taking Into account her current
Circumstances, Defendant should be required to pay a reasonable amount of
child support for the Children'S support, In accordance with the Child Support
GuIdelines contained In D.C.G.A. 19-615.
WHEREFORE, Plaintiff Michael L Lowe prays:
a) That process Issue and service be had upon Defendant;
b) That Plaintiff be awarded ex parte, temporary and permanent
primary physical custody of the Children;
6
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c) Thill: Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be
terminated and that Defendant be ordered to pay a
reasonable llmount of child supPOrt for the support of
the Children, In accordance wIth O.C.G.A. 19-6-1Si
and
e) For any other relief that the Court deems just and
proper.
Respectfully submitted,
MARTIN ENRIQUE VAlBUENA, P.C.

Martin Enrique Valbuena
Georgia State Bar No.: 723164
Attorney fur Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
Oallas, Georgia 30132
(770) 443-2204
Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L. LOWE,
"
"
Plaintiff, " CIVIL ACnON FILE! NO.:
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ElISA L. SMITH,"
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Personally appeared before me, an officer duly authorized to .,..
OIrths in the State of GeorgIa, MIchael L. Lowe, who, after being
duly sworn, states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief.
This of Marc:l\ 2008. ttL.J t.
lfluel L. Lowe, Plaintiff
Swom tq .a,nd subscribed before
me of March 2008.

Notary Public lnandfOrte


I,l

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IN 'mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE,
Plaintiff,
v.
EUSA L SMITH,
Defendant.
STATE OF GEORGIA
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Plaintiff Michael L. Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L. Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health, safety and well-being of the Parties' children, the Court, after
reviewing the pleadings, hearfng the evidence presented, argument on all Issues
and reviewing applicable case law, and it appearing to the Court for meritorious
reasons and for other good cause shown, It Is therefOns Ordered, Adjudged
and Decreed that:
1.
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act,
O.C.G.A. 19-9-40 at. seq. Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County.
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2.
Plaintiff lind Defendant were previously married, and tlley were divorced
In Coweta County, Georgia In Civil Action No. 99-Y-447. The Court entered the
final Judgment and Oecree on AJ)ril 6, 2000. Subsequent to their dlvoml,
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County, Georgia In Civil Action File No. 04-Y-3Z. That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint p h Y 5 1 ~ 1
custody of the Chfldren.
3.
Oefendant has left the State of Georgia without providing notice to
Plaintiff, and she is refusing to provide Plaintiff with her address In Tennessee.
Furthermore, she Is Iimitlll9 Plaintiff's access to their children.
4.
Defendant Is apparently living with her boyfriend In the Nashville,
Tennessee area without the benefit of marriage. Contrary to the visitation
rights contained In previous Orders, Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children.
5.
Given Oerendant'$ actions, it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff.
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6.
Until furt:l1er order of this Court, Plaintiff snail retain temporary legal and
physical custodV of the Parties' minor cnlldren, Zachary Thomas Lowe, 008:
517/1995 and Evan Michael Lowe. 008: 7/9/1997. A temporary nearing shall
be held at a.m., on the L day of 2008 to determine whether
the prayers requested In Plaintiff's Complaint should be granted.
IT IS SO ORDERED this -- day of Marell 2008.
, 6't!

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IN THE SUPERIOR COURT OF PAULDING COUNTY
MCHt t. L I
PLA! NT I Ef ,
VERSUS
ELISA L, SITH,
DEFENDANT.
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MIO TO SET AIDE MTIO FR N TRI
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R OF UUST FR RU nV SCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
TH HONRL JS R. OSBOR, COMMENCING AT
APPROXIMATELY 3:30 P.M., APRIL 6, 2011, AT PAULDING
COUNTY COURTHOUSE, DALLAS, PAULDING COUNTY, GEORGIA.
APPEARNCES OF COUNSEL:
ON BEHALF OF THE PLINTIFF
MARTIN E. VALBUENA
ATTORNEY AT LW
ON BEHALF OF THE DEFENDANT
PRO SE
GAYLE C. LAUGHRIDGE
OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
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PRO C BED I N G S
TH CT: ALL RIGHT. I'LL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE. IT IS CASE NUMBER 08-1124.
4 I BELIEVE, MS. LOWE, YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN.
6 AND, MR. VALBUENA, I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS. LOWE IN THIS
B CASE. IS THAT CORRECT?
9
10
M. VAUA: YES, SIR.
TH COT: ALL RIGHT. MADAM COURT REPORTER, AS IS
11 CUSTOMRY, IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS. LOWE.
13 (WHEREUPON, A DISCUSSION WAS HELD orF THE RECORD.)
14 TH COUT: ALL RIGHT. MS. LOWE, I'LL LET YOU
15 PROCEED. YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRUD COMITTED BY ATTORNEY MRTIN
18 E. VALBUENA. SO I'LL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOU'D LIKE.
20 DEF STH-LO: BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS. I HAD
22 SUBMITTED TO THE COURT THE TRNSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
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1 THEY HAD NOT RELEASED IT.
o
2 I DO KNOW THAT ON FEBRUAR
Y
17TH
IN MR. VAL8UENA'S
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER, AND I WOULD
5 LIKE TO COMMENT ON THAT. THE CASE HAPPENED ON JANUARY
6 6T". THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5TH IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5TH I DID NOT EVEN
,
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY. IN
9 FACT, IT WAS ONLY FAXED TO ME, I BELIEVE, JANUARY 11TH OR
10 12".
11 ALSO, I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT. AND THAT IS NOT WHAT I
14 WAS TRYING TO DO. I HAD BEEN SAYING THIS, OF COURSE,
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING, AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15, 2010, ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT, I SUPPOSE. I DO HAVE A COpy OF THOSE TRNSCRIPTS.
21 CAN I SUBMIT THOSE AS EVIDENCE?
22
THE COUT: IF YOU'LL SHOW THEM FIRST TO MR.
23 VALBUENA, WHTEVER IT IS YOU WANT TO TENDER.
24 DEFA SITH-L: YES. IN FACT, I'VE GOT YOU A
25 COpy (PRESENTING).
3
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1. M. VA: I GUESS, JUDGE, I DN'T UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE, AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE.
4 THE COUT: WHAT IS IT? IT'S A TRANSCRIPT fROM WHAT
5 PROCEEDING? IS IT A PROCEEDING IN THIS COURT?
6 DEFNAT STH-L: MR. VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B T COT: WELL, WHAT I'M SAYING IS WHAT IS THE
9 EXHIBIT? IT'S A TRNSCRIPT OF WHAT PROCEEDING?
10 DEFA STH-LO: OF THE FEBRUARY 1
7TK
11 PROCEEDING HE IS SPEAKING OF.
12 M. VABU: IN COWETA COUNTY.
13 THE COUT: IN COWETA COUNTY?
14 DEFA STH-L: YES, SIR.
15 TH COT: ALL RIGHT. I WILL NOT ADMIT ANY
16 TRNSCRIPTS OF OTHER COURTS AS I DON'T THINK THEY'RE
17 RELEVANT TO THE ISSUES IN THIS CASE. THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE.
19
DEFA STH-L: RIGHT, AND I WOULD ALMOST
20 AGREE. IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING, AGAIN, THE NEW EVIDENCE. AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION, I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HE'S POINTED OUT. IS THAT NOT THE WAY I SHOULD
25 DO IT?
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1 THE COUT: I CAN'T RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN I'LL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING. SO YOU MY PROCEED IN
4 ANY FASHION THAT YOU'D LIKE.
5 DEFT SITH-L: OKY. THANK YOU. SO I WAS
6 SAYING THAT IN THE PLINTIFF'S BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER. AGAIN, IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS. MR. VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS. BUT ANYWAY, SO THE CASE KEPT GETTING PUT
14 OFF.
15 THAT'S WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT. I WAS TRYING TO GET THIS
17 TO STOP IS, I GUESS, WHAT I'M GETTING AT ON THAT. BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERE'S NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING.
20 ALSO, IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT. WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1, 2008, WHEN THE EX PARTE
23 ORDER WAS ISSUED, I HAD GOTTEN OUT OF JAIL ON THE 28TH
24 IT WAS THE WEEKEND. THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD. SHE fILED NO ADMISSION WITH THIS
5
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1 COURT. I THINK THERE'S EVEN A NOTE ON THE CLERK'S FILE
2 THAT SAYS, "CARE OF DAWN, NO REPRESENTATION."
3 AND IF MR. VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL.
11 SO I THOUGHT THIS CASE WAS OVER. I GOT MY CHILDREN
12 BACK. AND HE STATES THAT I DID NOT SUBMIT ANY PL&DINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19TH IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE, AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI.
16 AND I DID NOT KNOW WHAT WAS GOING ON. IT JUST SAID RULE
17 NISI. THERE WERE NO CHILDREN'S ELECTIONS ATTACHED, NO
18 INFORMTION.
19 AND AGAIN, I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL, NOT A LITTLE BIT, A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKE'S CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004. ALL THESE DATES GET CONFUSING. SO I
25 WAS CONFSED.
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27TH I FILED MY ANSWER, AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT. AND WE WENT TO COURT IN OCTOBER, AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED. IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN, I SAID, "WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY? WHAT ARE YOU GOING TO DO?" AND HIS STATEMENT TO
9 ME WAS, "THE JUDGE IS GOING TO PRO NONC TONC IT," I'M NOT
10 SURE IF I'M SAYING THAT RIGHT, "TO THE DATE OF THE
11 HEARING." SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT. AND WHEN IT WAS DENIED, I'M
13 NOT SURE IF THAT WAS A SHOCK OR IF THAT'S HOW IT WAS
14 PLANNED. I'M NOT SURE.
15 ANYWAY, WITH THE CONFUSION, WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS. THAT
17 WAS THE FIRST PLEADING. AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED. THAT'S O.C.G.A.
21 9-11-12. BY PLEADING TO THE MERITS OF THE CASE, YOU ARE
22 NOT RISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE. A PERSON WAIVES THOSE
24 OBJECTIONS. AND THEN WHEN ISSUES NOT RAISED IN
"
THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES, THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RISED IN THE PLEADINGS.
3 ALSO, IN THE U.C.C.J.E.A. IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RISE A DEFENSE OF
5 JURISDICTION OR VENUE, AND HERE IS WHY. BECAUSE TEMPORRY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION, WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY. THEIR COMPLAINT
9 WAS FULL OF FRUDULENT STATEMENTS. AND I CAN ENUMERATE
10 THOSE, BUT I BELIEVE I'VE DONE THAT IN THE PAST.
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION, BUT
12 IF THEY FIND OUT THAT THERE'S ANOTHER COURT THAT'S
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM.
14 THERE HAS TO BE COMMUNICATION OF THE COURTS, WHICH THERE
15 WAS NOT, WHICH IS WHAT I CONSISTENTLY ASKED FOR.
16 THERE'S A COURT CASE, I BELIEVE IT'S TAYLOR V. KURL
17 (PH)-- I DON'T HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT. A COURT HAD TAKEN TEMPORRY
19 JURISDICTION. AND HE FILED AN APPEAL, AND THEY DENIED IT.
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 IT'S ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS.
22 THEREfORE, IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORML, AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD, WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED?
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1
2
3
4
5
6
7
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9
ALSO, DURING THE TIM8, THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI, TWO YEARS AND THREE MONTHS, HE HAD
WITHDRWN AS MIKE'S ATTORNEY FOR A BOUNCED CHECK, I
B
E
LIEVE, WITHDRWN AS HIS ATTORNEY, AND THEN HE CAE BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER. I DIDN'T
UNDERSTAND THAT, BECAUSE I KNOW IT'S DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT. AND
JUST KEEP THIS THING LIKE WE HAVEN'T SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED.
12 MIKE HAD MOVED TO FLORIDA. HE WAS NO LONGER A
13 RESIDENT OF DALLAS. I WAS BACK IN COWETA COUNTY, AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION. SO
15 THE CIRCUMSTANCES HAD ALL CHANGED. NOW, I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS, BUT I FEE LIKE THE JURISDICTION IS
17 PROPER. I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED.
20 ALSO, IN THE FEBRUARY TRNSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER. THIS GOES TOWARDS THE FRUD, I
22 SUPPOSE. THEY MAKE MENTION OF THE FRUD ORDER. THAT 2005
23 ORDER WAS NEVER FILED. IT WAS NEVER AGREED ON. IN FACT,
24 I HAVE A COpy OF ALL OF THE DRFS OF THAT ORDER. AND
25 WHAT MR. VALBUENA AND MR. LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKE'S ATTORNEY AT THAT TIME.
3 I'VE GOT NOTES MARKING THEM UP SAYING, "I DN'T LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY. THE JUDE DIDN'T SAY
5 THT," ETC., ETC., AND I DID OBTAIN A COpy OF THOSE. I
6 KNOW I CAN'T SUBMIT THOSE, BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS, ALSO. IT'S EASIER TO READ THAN WHAT THEY'VE
8 SUBMITTED.
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITH'S ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008. AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURT'S
14 ORDER FROM MRCH -- EXCUSE ME -- FROM APRIL OF 2005, I
15 APOLOGIZE, fROM APRIL OF 2005 UNTIL DECEMBER OF '08 THEN
16 WHY -- AND, YOU KNOW, WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY, CHILD SUPPORT, AND
18 VISITATION, I ASKED IN MEDIATION, "THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200S?/I
21 M. VUNA; JUDGE, I'M GOING TO OBJECT AT THIS
22 POINT. MS. LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR. AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION, ABOUT WHAT WAS
2 SAID IN PLEADINGS, ABOUT WHAT'S GOING ON IN COWETA COUNTY,
3 BUT I DON'T HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED,
4 WHY THE COURT HAS ERRED
,
AND THE CORRECTION FOR THE ERROR.
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION.
7 THE COUT: WELL, I'LL CONSIDER WHAT SHE HAS SAID SO
8 FAR. I'LL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME.
10 DEFNA ST-LO; THANK YOU. WHAT I'M SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13
PLEADINGS BACK TO ME ON THIS. SO THAT'S WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT. I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS.
16 AS MUCH AS I PLEADED IT, AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY, BUT I NEVER GAVE UP MY CLAIM ON THAT. I
18 DID IT EVERY TIME. I JUST WANTED IT TO BE OKY AND
19 EVERYONE TO SEE.
20 AND THAT'S WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDN'T
22 KNOW HOW THAT WENT, BUT I FELT LIKE IF SOMEONE CALLED THEN
23 Y'ALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME. I
24 UNDERSTAND THAT THERE
'
S A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS, BUT I CAN TELL YOU I CAN'T RUN UP
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1 ATTORNEY'S BILLS. AND I THINK MY TOTAL IS AT ABOUT
2 $32,000.00 RIGHT NOW THAT I'VE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS, AND I HAVE NO MORE MONEY TO SPEND ON IT. SO
4 I'VE SPENT ALL MY TIME RESEARCHING THIS, SO I JUST FELT
5 LIKE I WASN'T BEING LISTENED TO BECAUSE I WAS PRO SE. I
6 UNDERSTAND, BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR.
8 THE COT: ALL RIGHT. THANK YOU, MA'A.
9 ANY RESPONSE? YOU'RE NOT REQUIRED TO RESPOND, BUT
10 YOU'RE ALLOWED TO, MR. VALBUENA.
11 M. VAUNA: JUDGE, I WOULD JUST POINT OUT THAT --
12 NOT TO REITERTE TOO MUCH WHAT'S ALREADY IN MY BRIEF, BUT
13 THIS ACTION WAS FILED MARCH 4TH AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRNTING THE FATHER TEMPORRY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN. AND
16 AT THE END OF THAT ORDER IT SAYS, "A TEMPORARY HEARING
17 SHALL BE HELD AT 9:00 A.M. ON APRIL 1, 2008, TO DETERMINE
18 WHETHER THE PRYERS REQUESTED IN PLAINTIFF'S COMPLAINT
19 SHALL BE GRANTED."
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORRY
21 HEARING. THAT'S WHEN DAWN BALLARD APPEARED FOR MS. LOWE.
22 AND SHE DRFED THAT ORDER, AND THEN THE COURT SIGNED orF
23 ON IT. SO THAT'S THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING. MS. BALLARD, AS AN ATTORNEY, HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME. SHE CHOSE
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1 NOT TO. MS. BALLARD, AS MS. LOWE'S ATTORNEY, COULD HAVE
2 FILED AN ENTRY OF APPEARNCE AND AN ANSWER, AND SHE CHOSE
3 NOT TO. SHE PREPARED THAT ORDER, PRESENTED IT, AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS.
5 MS. LOWE WAS SERVED ON MARCH 28TH THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LTER WITH AN EXTR
7 FIFTEEN DAYS, FORTY-FIVE DAYS LATER. IT WAS WELL OVER TWO
8 YEARS BEFORE MS. LOWE FILED ANYTHING, JUST LIKE SHE SAID,
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HERING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER.
11 I DON'T SEE ANY SET OF CIRCUMSTANCES WHERE IT CAN'T
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE. IN MY BRIEF I TALK ABOUT SUBJECT
14 MTTER JURISDICTION AND PERSONAL JURISDICTION. I DN'T
15 THINK THOSE ARE AT ISSUE. I DON'T THINK THE U.C.C.J.E.A.
16 HAS ANY APPLICATION HERE. AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE. THE MOTHER
18 HAD JUST LEF THE STATE WITHIN SEVERL DAYS OR WEEKS. SO
19 THERE'S NO REASON THAT APPLIES EITHER.
20 I DN'T THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT, AND
22 THE COURT HAS ISSUED ORDERS ON IT. AND WE THINK THAT IT'S
23 BEEN OVER AND DONE WITH, AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY, AND IT'S IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS. LOWE HASN'T
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1 RISED TODAY.
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2 THE COUT: ALL RIGHT. ANYTHING FURTHER, MA'AM?
3 DBFA STH-LO: YES, SIR. HE DOES SPEA ABOUT
4 THAT I WAS PROPERLY SERVED ON MRCH 28TH I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT. THE ORDER
6 WAS SIGNED ON MARCH
4TH
I WAS UN-NOTIFIED. r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK. AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND, SO THERE'S
9 ONLY A THREE-WEEK PERIOD HERE. HE HAD THEM FOR A WEEK AND
10 A WEEKEND.
11 I WAS ARRESTED ON MRCH 25TH WITHOUT SERVICE, WITHOUT
12 NOTICE OF ANY KIND. I WAS ARRESTED. MY KIDS WERE PICKED
13 UP FROM SCHOOL. I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRDITED BACK TO PAULDING COUNTY. AND AS I WAS SITTING
15 IN THE HOLDING CELL. HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS. THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL.
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE.
19 AGAIN, I WAS SERVED ON THE 28TH THERE WAS THE
20 WEEKEND. THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME. SO SHE CALLED THIS LADY. SHE SHOWED UP. AND HE'S
23 RIGHT. THERE WAS NO ENTRY OF ADMISSION, AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURT'S
25 JURISDICTION WITHOUT THAT.
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1
IT'S ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID IT'S NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE. AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORRY HEARING DUE TO
6 IMPROPER VENUE. HE HAS CLAIMED THAT I HAVEN'T SAID VENUE
7 ENOUGH.
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5, I BELIEVE, STATUTE. AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 U.C.C.J.E.A., AND IT DOESN'T SAY IDENTICAL CASES. IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD. SO IT DOESN'T HAVE TO BE IDENTICAL.
15 ALSO, A NEW PIECE or EVIDENCE, WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT, I HVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28TH HE WAS BEING EVICTED FROM HIS HOUSE, AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT".
22 H. VAUA: JUDGE, AGAIN, I'M GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASN'T ALREADY
24 BEEN PRESENTED TO THE COURT.
25 DEFAT SITH-LW: I THOUGHT THAT'S WHAT I WAS
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1 SUPPOSED TO DO TODAY. I APOLOGIZE IF IT'S NOT.
2 TH COUT: WELL, YOU KNOW, YOU CAN'T TELL ME ANY
3 HEARSAY TODAY. IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS, I'LL LET YOU PRESENT THOSE.
5 DEFA STH-L: I DO HAVE CERTIFIED DOCUMENTS.
6 TH COUT: ALL RIGHT. IF YOU'LL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR. VALBUENA, I'LL SEE IF THERE'S
8 ANY OBJECTION.
9 DEFAT SITH-L: lPRESENTING).
10 TE COUT: NORMALLY, REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION, AMONG OTHER THINGS, OF HEARSAY. AND
13 THAT'S WHAT HE'S SAYING OR PART OF WHAT HE'S SAYING.
14 M. VAUA: WELL, I GUESS, JUDGE, THE OTHER PART I
15 WOULD BE SAYING, TOO, IS THAT THESE ARE DOCUMENTS THAT
16 DEAL WITH THE MERITS or THE CASE. I DON'T UNDERSTAND WHY
17 MS. LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED. THE
16 DAY WE HAD THE HEARING, SHE CONSENTED TO THE CHANGE or
19 CUSTODY. AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION, HOW THE
21 VISITATION WAS GOING TO GO ABOUT, AND THE AMOUNT OF CHILD
22 SUPPORT. SO IF THE DOCUMENTS DEAL WITH THAT, I DN'T
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL.
25 THE COUT: WELL, LET ME SEE IF THERE'S SOME NON-
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1 HEARSAY -- IF I CAN'T LOOK AT THEM BASED ON THAT, TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS. SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPNA STH-LO: NO, SIR, THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM.
7 THE COUT; D YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY?
9 M. VU: YES, JUDGE.
I'LL SUSTAIN THE OBJECTION. 10
11
TH COUT: ALL RIGHT.
DEF S'-LO: DID I SAY THAT RIGHT, THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM, NOT FROM
13 ME? DID I SAY THAT CORRECTLY?
14 THE COT: I HERD YOU SAY THAT.
15 DEFA STH-LO: OKY. I WAS JUST MAKING SURE.
16 THB COUT: I DON'T KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT. IT SOUNDED LIK8 IT WAS
--
I COULD
18 UNDERSTAND THE WORDS, IF THAT'S WHAT YOU'RE SAYING.
19 DBFA STH-L: I JUST WANTED TO MAKE SURE
20 THAT YOU WEREN'T CONSID8RING THAT OR HE WASN'T SAYING THAT
21 WAS HEARSAY BECAUSE IT'S NOT A DOCUMENT THT'S MADE UP BY
22 ME. IT'S THEIR DOCUMENTS.
23 THE COUT: ALL RIGHT.
DBFA SMTH-LO: I WAS JUST MAKING SURE. 24
25 THB COUT: ALL RIGHT. WELL, THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE. AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY, I WILL FIND THAT THERE'S NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS.
5 AND, MR. VALBUENA, IF YOU'LL DRW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS. LOWE.
7 M. VABU: MS. LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY, BASIC ORDERS THAT JUST SORT OF -- I
9 WOULD PREPARE ONE THAT DENIED IT; SHE WOULD PREPARE ONE
10 THAT GRNTED IT.
11 THB COUT: ALL RIGHT.
12 M. VUA: I'VE DNE THAT, BUT SHE HASN'T SEEN
13 IT. I'VE JUST GIVEN IT TO HER NOW.
14 THE COUT: ALL RIGHT (REVIEWING DOCUMENTS). ALL
15 RIGHT. I'M GOING TO FILE THIS WITH THE CLERK, AND THAT
16 WILL CONCLUDE THE HEARING TODAY. IF EITHER OF YOU WANT A
17 COpy OF THE ORDER, YOU'RE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK.
19 OTHERWISE, IF YOU WANT TO SERVE A COpy OF THAT ON MS.
20 LOWE, THAT'LL BE UP TO YOU, MR. VALBUENA.
21
22 HERE?
DEFAT STH-L: CAN SHE CERTIFY THAT COpy
23 TH COUT: SURE.
24
25
DEFAT SITH-LO; OKY.
THE COUT: SHE MAY HAVE TO DO IT DOWNSTAIRS, BUT
18