Friday afternoon a little after 4PM, I was served with this document which notified me that I had a hearing date on Monday (today) at 9AM in Hernando County Florida. I appeared telephonically.
Apparently Carmine Annunziata aka Luciano Benandanti thinks that I’m stalking him from my wheelchair. Of course, I’m not. I merely put publicly available information in one convenient place for folks who are interested in the subject. Luciano Benandanti was once known as Carmine Annunziata who pretended to be an Army major which is how we became interested in him years ago. Well, it came to our attention that he changed his name and founded a Wiccan church so we wrote about him to warn people that a felon had changed his name. He called it stalking. He told the judge that he started getting death threats and that strange automobiles were parked in front of his church recently and he tried to blame me for it.
The judge couldn’t get there from here. Benandanti tried to tell the judge that the West Virginia State Police told him that I was a violent person and that I had sexual assault charges against me. That’s not true. I wouldn’t have a top secret security clearance or a concealed weapon permit if it was true. I’m sure the police hadn’t told him that. He also tried to tie us to pro-Christian websites that I’ve never heard of before, you know, trying to play the religious card.
The judge dismissed the case without prejudice because there was no evidence that I was stalking Mr. Benandanti, nor could the judge find where Florida courts had jurisdiction over me.
The judge told him that he could refile in West Virginia where the courts had jurisdiction. My WV lawyer was in the room during the telephone hearing, so he’s ready for anything that would happen here in Mineral County.
The judge also warned me that if he found out that I was engaged in the activities that Mr. Benandanti claimed that he was going to come down on me with both feet. I’m not, so I told him “Yes, sir”.
But, see, that’s why I don’t allow addresses and phone numbers on this blog, so I can’t be accused of sending my minions out to assault people. I also edit out comments that I find of people who want to commit violence against these guys. Like I said, these blog posts are not a call-to-action. They are to provide information to folks who might be interested in subjects like Mr. Benandanti here. Anyway, that’s where I’ve been this morning. How’s your day going?
Totally off topic. I am continually amazed at the bullshit these posers come up. The ones that grab and twist my gonads are usually the creepeist of the lot. I guess when you scrape the bottom of the barrel you must expect the find the nasty stuff. Almost like stolen valor has become a sport. When I got out of the Army in 1970 nobody was running around claiming to be baby killers and all the rest of the things we were called.
I guess then that makes me a minion now. Dang I Feel honored Thank You! When can I move up to henchmen?
Carmine should be held in contempt or charged for lying to a court and using the court to harass people who want to expose him. His court actions are file frivolous and malicious.
yep…
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include
(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is
(2) brought without probable cause and
(3) dismissed in favor of the victim of the malicious prosecution.
in the case of Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 873 (1989) observed: “While the filing of frivolous lawsuits is certainly improper and cannot in any way be condoned, in our view the better means of addressing the problem of unjustified litigation is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct within that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded.”
This is not legal advice. Only an attorney at law in your venue can properly protect and defend your personal or property rights.
Cripes.
which reminds me.. Vexatious Litigation
( A few may come to mind concerning Vexatious Litigation )
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious.
Rather, a pattern & practice of frivolous legal actions is typically required to rise to the level of vexatious.
Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system.
Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and such litigants therefore represent themselves in court.
Those on the vexatious litigant list are usually either forbidden from any further legal action, or are required to obtain prior permission from a senior judge before taking any legal action.
The process by which a person is added to the list varies among jurisdictions.
see: 68.093 Florida Vexatious Litigant Law.
1) This section may be cited as the “Florida Vexatious Litigant Law.”
(2) As used in section, the term:
(a) “Action” means a civil action governed by the Florida Rules of Civil Procedure and proceedings governed by the Florida Probate Rules, but does not include actions concerning family law matters governed by the Florida Family Law Rules of Procedure or any action in which the Florida Small Claims Rules apply.
(b) “Defendant” means any person or entity, including a corporation, association, partnership, firm, or governmental entity, against whom an action is or was commenced or is sought to be commenced.
(c) “Security” means an undertaking by a vexatious litigant to ensure payment to a defendant in an amount reasonably sufficient to cover the defendant’s anticipated, reasonable expenses of litigation, including attorney’s fees and taxable costs.
(d) “Vexatious litigant” means:
1. A person as defined in s. 1.01(3) who, in the immediately preceding 5-year period, has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court in this state, except an action governed by the Florida Small Claims Rules, which actions have been finally and adversely determined against such person or entity; or
2. Any person or entity previously found to be a vexatious litigant pursuant to this section.
An action is not deemed to be “finally and adversely determined” if an appeal in that action is pending. If an action has been commenced on behalf of a party by an attorney licensed to practice law in this state, that action is not deemed to be pro se even if the attorney later withdraws from the representation and the party does not retain new counsel.
(3)(a) In any action pending in any court of this state, including actions governed by the Florida Small Claims Rules, any defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion shall be based on the grounds, and supported by a showing, that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant.
(b) At the hearing upon any defendant’s motion for an order to post security, the court shall consider any evidence, written or oral, by witness or affidavit, which may be relevant to the consideration of the motion. No determination made by the court in such a hearing shall be admissible on the merits of the action or deemed to be a determination of any issue in the action. If, after hearing the evidence, the court determines that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant, the court shall order the plaintiff to furnish security to the moving defendant in an amount and within such time as the court deems appropriate.
(c) If the plaintiff fails to post security required by an order of the court under this section, the court shall immediately issue an order dismissing the action with prejudice as to the defendant for whose benefit the security was ordered.
(d) If a motion for an order to post security is filed prior to the trial in an action, the action shall be automatically stayed and the moving defendant need not plead or otherwise respond to the complaint until 10 days after the motion is denied. If the motion is granted, the moving defendant shall respond or plead no later than 10 days after the required security has been furnished.
(4) In addition to any other relief provided in this section, the court in any judicial circuit may, on its own motion or on the motion of any party, enter a prefiling order prohibiting a vexatious litigant from commencing, pro se, any new action in the courts of that circuit without first obtaining leave of the administrative judge of that circuit. Disobedience of such an order may be punished as contempt of court by the administrative judge of that circuit. Leave of court shall be granted by the administrative judge only upon a showing that the proposed action is meritorious and is not being filed for the purpose of delay or harassment. The administrative judge may condition the filing of the proposed action upon the furnishing of security as provided in this section.
(5) The clerk of the court shall not file any new action by a vexatious litigant pro se unless the vexatious litigant has obtained an order from the administrative judge permitting such filing. If the clerk of the court mistakenly permits a vexatious litigant to file an action pro se in contravention of a prefiling order, any party to that action may file with the clerk and serve on the plaintiff and all other defendants a notice stating that the plaintiff is a pro se vexatious litigant subject to a prefiling order. The filing of such a notice shall automatically stay the litigation against all defendants to the action. The administrative judge shall automatically dismiss the action with prejudice within 10 days after the filing of such notice unless the plaintiff files a motion for leave to file the action. If the administrative judge issues an order permitting the action to be filed, the defendants need not plead or otherwise respond to the complaint until 10 days after the date of service by the plaintiff, by United States mail, of a copy of the order granting leave to file the action.
(6) The clerk of a court shall provide copies of all prefiling orders to the Clerk of the Florida Supreme Court, who shall maintain a registry of all vexatious litigants.
(7) The relief provided under this section shall be cumulative to any other relief or remedy available to a defendant under the laws of this state and the Florida Rules of Civil Procedure, including, but not limited to, the relief provided under s. 57.105.History.—s. 1, ch. 2000-314.
A good read: Alvin Stauber, “Litigious Paranoia: Confronting And Controlling Abusive Litigation In The United States, The United Kingdom”, International Review of Business Research Papers, Vol.5 No. 1 January 2009, pp.11- 27
This is not legal advice. Only an attorney at law in your venue can properly protect and defend your personal or property rights.
‘Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and such litigants therefore represent themselves in court.’
Well, you left out one very important thing, AntiWiccaJoe: Some people puffing themselves off as lawers try to do the pro se thingy out of cheap basterdy, and while in the process of being disbarred in another and separate state, are subsequently told they are required to use a licenses attorney. But, paradoxically, no one will represent them, for some odd reason.
Cripes. Wiki Law is a dangerous thing. When you lift stuff, at least give credit or attribution, AWJ.
Hey 2/17 Air Cav…
That not Wiki Law…though it could be. Vexatious Litigation and how it may be described is fairly common.
You may find several close descriptions of Vexatious Litigation if you BING or GOOGLE .. which I normally encourage the inquisitive to do. If I do look at an authority for an item and how it might be cited I go to Blacks. ( Google Blacks (g) ) or Internet search engines, reliable free legal websites, legal encyclopedias, periodicals, and treatises annotated legal codes and statutes published reports of state and federal court cases case digests and Shepard’s Citations. Finally, I always try and shepardize any case sited.
The last segment is an actual Florida Statute.
Finally, and probably the most important part of this reply is, “be it wiki, black, or any one from a numerous list of research material available, as long as it is accurate information, who gives a FOLK!”
Joe
Over 69 years on the planet and I don’t give a folk.
Cited not sited.. my eyes are going south
Happens to everybody, AWJoe.
Know exactly who you mean. I was threatened by them and sat on the sidelines waiting to open up a big can of Folk You Mac right back at them. In fact, I issued a public cease and desist on this BBS some where,.. have the link to lazy to hunt for it in preparation for The Three Stooges Commeth.. but damn, they never did. They find that young guy John LilYea more attractive. (g)
https://www.youtube.com/watch?v=zaC-WDrvmUQ
Welp; someone had to take over from where Bernastypants left off.
At least old Bernutsless looked somewhat presentable. As for dog-face boy Benandanti is concerned, the only way he’s gonna get rich is through suing the surgeon who botched his sex-change operation.
147 comments for this fucknut? Slow news day I guess. He definitely ain’t worth the space.
165 and counting, W2.
Good grief, he’s getting close to having a DRG moment. I wonder if he had retained a certain lawer, who lives on coconut row, if his results would have been better in court? Nah, who am I trying to kid? Thanks for all you do Jonn. Donation inbound later today.
I have many friends within a large number of Wiccan communities. I have already given them links to the various stories you have posted about this gentleman. They are spreading them through the community.
Some Wiccan’s take the rede seriously and not as the basis for a scan. “An if it harm none, do as ye will.”
Someone hacked my Scribd account and deleted the document. It’s back now.
Was wondering what happened. Think “they” also messed with your Blog on the Boxer last week, i.e. replacing the Robert Denaro clip with a clip from Jack-Ass.?