Mb civil suit rulings 11/15/2022

[CurrentlyHorseless]

@Warmblood1

MB has residing in FL for years, even prior to 2019.

He pays FL property taxes and as stated by Maria upthread, has had his vehicles registered in FL, etc.

Of course you pay property taxes to the locality of the property you own, even if it’s a vacation home you live in 3 weeks a year, even if it’s an investment property you never live in.

That doesn’t determine state residence.

[Joanne]

@Warmblood1

MB has residing in FL for years, even prior to 2019.

He pays FL property taxes and as stated by Maria upthread, has had his vehicles registered in FL, etc.

and he is registered to vote in Florida.

[Joanne]

@CurrentlyHorseless

That doesn’t determine state residence.

What determines state residence in Florida?

[Knights_Mom]

@Rubyroo

@MorganSercu

In cases involving prisoners, the courts presume that
the prisoner remains a citizen of the state where he was
domiciled before his incarceration, even if he is subsequently
incarcerated in a different state.

So was Michael a resident of Florida before he was incarcerated, or was he a resident of NJ, but since the NJ residence is no longer his, his residency switches to Florida without him having to meet the required number of days living in Florida?

Give it up. He’s a resident of Florida. And it really doesn’t affect you.

[Omgitsme]

He owns a farm in FL and like most wealthy equestrians resides in Florida for the winter show season.

[Einhorn]

@CurrentlyHorseless

Why would she have trouble contesting it? What difference does it make whether he stipulated Florida as his residence in the original filing as opposed to his amended filing?

Latches, i think? I don’t really work in this area, but if you have a chance to contest something in a lawsuit and you don’t, generally you’re SOL if you try to bring it up later. But it depends…

The second question i don’t understand. MB isn’t stipulating to anything, just stating his residence as is required in civil proceedings? For the purposes of the complaint it makes little difference, he’s not contesting NJ jurisdiction.

[Warmblood1]

@MHM

@Warmblood1

Also, I think a huge bearing on how the police handled this situation is the fact that they testified to having never been called to a shooting before.

I can understand that being a huge factor in the immediate aftermath.

But I would still think that based on the accounts that they ended up with something like 40 or 50 law-enforcement types on the scene, it seemed as if at least one of them could have thought of, you know, checking fingerprints. Or gunshot residue. Or something.

Or grabbing the surveillance camera containing the video that was mentioned by RG!

I was talking to hubs about the whole thing who is in LE and has done extensive crime scene processing. He said there are many departments in certain areas of the country that do not even do gun shot residue testing, etc. Extremely limited means. So what is disturbing about this all is the fact that limited crime scene processing is not uncommon for a number of police departments and that what happened here in this instance is not an isolated event amongst PDs.

To have never been called to a shooting as a PO is pretty wild in it self.

[Knights_Mom]

@Einhorn

@CurrentlyHorseless

Why would she have trouble contesting it? What difference does it make whether he stipulated Florida as his residence in the original filing as opposed to his amended filing?

Latches, i think? I don’t really work in this area, but if you have a chance to contest something in a lawsuit and you don’t, generally you’re SOL if you try to bring it up later. But it depends…

The second question i don’t understand. MB isn’t stipulating to anything, just stating his residence as is required in civil proceedings? For the purposes of the complaint it makes little difference, he’s not contesting NJ jurisdiction.

You mean laches.

[Sdel]

@Rubyroo

@MorganSercu

In cases involving prisoners, the courts presume that
the prisoner remains a citizen of the state where he was
domiciled before his incarceration, even if he is subsequently
incarcerated in a different state.

So was Michael a resident of Florida before he was incarcerated, or was he a resident of NJ, but since the NJ residence is no longer his, his residency switches to Florida without him having to meet the required number of days living in Florida?

Michael owned, in his own name, the FL farm. Clearly that was his primary residence. The NJ farm was owned by an LLC in which he appears to have been a minority owner of SGF. Clearly not a primary residence.

[Warmblood1]

@CurrentlyHorseless

@Warmblood1

MB has residing in FL for years, even prior to 2019.

He pays FL property taxes and as stated by Maria upthread, has had his vehicles registered in FL, etc.

Of course you pay property taxes to the locality of the property you own, even if it’s a vacation home you live in 3 weeks a year, even if it’s an investment property you never live in.

That doesn’t determine state residence.

Read the first sentence.

[Einhorn]

@Rubyroo

So was Michael a resident of Florida before he was incarcerated, or was he a resident of NJ, but since the NJ residence is no longer his, his residency switches to Florida without him having to meet the required number of days living in Florida?

I have no idea, but residence isn’t changed just because you get incarcerated or you don’t own property. I’m guessing that he can legitimately claim FL residence. It doesn’t change anything as he isn’t contesting NJ jurisdiction over him or this case. The actions happened in NJ, the parties were in NJ, so NJ has venue.

[Einhorn]

Thank you for the correction. For anyone wondering, they are pronounced the same.

[Knights_Mom]

Yes.

Venue is determined by either parties residence or where it occurred. One can also ask to change it and that happens frequently.

[Angela_Freda]

@Sdel

Michael owned, in his own name, the FL farm. Clearly that was his primary residence. The NJ farm was owned by an LLC in which he appears to have been a minority owner of SGF. Clearly not a primary residence

And iirc he, or actually his Dressage business, leased the NJ property to operate off of during the summer.
If that changes his residency …

[Graymaresrule]

@MorganSercu

@Knights_Mom - You may already have read this article but here goes nothing! (I watched MAS*H and love it too. Yes, I cried when the final episode aired.)

https://www.history.com/news/why-the-real-life-hawkeye-pierce-hated-mash

My dad and I watched many a MASH rerun. He died a few weeks before the lease episode aired. I cried through the whole thing thing. I still wouldn’t trust myself to watch it without crying.

[Knights_Mom]

@Einhorn

Thank you for the correction. For anyone wondering, they are pronounced the same.

You know civil and Landlord/Tenant forms all list Laches on them but the only person to ever chose it in my career was a sovereign citizen!

I know it’s pronounced latches but I always thought la-shay was more fun LOL

[Einhorn]

I always want to say lax!

[Rubyroo]

@Knights_Mom

Give it up. He’s a resident of Florida. And it really doesn’t affect you.

Why are you so bitter and miserable? If you don’t like my questions, don’t answer them.

Like I said before, none of this affects anyone here, but we are all allowed to discuss it as long as a thread is open.

[MHM]

@Graymaresrule

My dad and I watched many a MASH rerun.

My father also watched MASH. That was one of the very few shows he made an effort to catch. He had served in the Korean War, although I believe he stayed stateside. But I wonder if parts of it still rang a bell for him.

Very sorry for your loss.

[BrownDerby]

So now that MB’s residency is established, shall we move on to questioning that of MHG?