Well, this case keeps getting more and more interesting.

As I reported in Where you go, Joe?, the absentee ballot fraud case against North Miami Beach “Councilwoman” Phyllis Smith has been stalled because her attorney, Joseph S. Geller keeps filing Notices of Mandatory Continuance.

In addition to being a lawyer, Big Joe just happens to be a State Representative.  Because the Florida Legislature has been called back to Tallahassee twice this summer for special sessions, Joe’s been invoking Florida Statute 11.111.  This allows him to skip out on any “proceeding before any court, municipality, or agency of government of this state … during any session of the Legislature and for a period of time 15 days prior to any session of the Legislature and 15 days subsequent to the conclusion of any session of the Legislature.”

According to the calendar for the Florida House of Representatives, this most recent special session began August 10, 2015 and runs through August 21, 2015.  Normally Joe would be unavailable to attend to the lawsuit against Phyllis during this time since he’s scheduled to be in Tallahassee.

But, as we all now know, HE ALSO SKIPPED OUT ON HIS LEGISLATIVE DUTIES!

Joseph S. Geller, Esq. is obviously taking advantage of the system in order to help Phyllis avoid answering the Interrogatories and complying with the Request for Production as long as possible.  But, Joe is more devious than even I realized.

On July 23, 2015, Juan-Carlos “JC” Planas, Esq., attorney for the Plaintiffs, filed a Motion to Compel Discovery, advising the Court that Phyllis was required by Florida law to file a response to the discovery requests within 45 days, or no later than July 17, 2015.  Mr. Planas also noted that Florida Statute 102.168 mandates “an expedited proceeding for election contests,” and furthermore that “the Florida Rules of Judicial Administration specify that election matters should be expedited.”

On July 24, 2015, the very next day, Joe filed his second Notice of Mandatory Continuance.

This maneuver enabled Joe to prevent Mr. Planas from even scheduling a hearing before the Court.

This also gives Phyllis an additional 42 days to keep hiding whatever records she does not want to be made public.

So here’s the thing.

In order for the Plaintiffs to continue with the discovery process, Phyllis must respond to the Interrogatories and the Request for Production.  Because she refused to comply within 45 days, per the Florida Rules of Civil Procedure, Mr. Planas filed a Motion to Compel Discovery.  He was about to schedule a hearing when Joe sneaked in his Notice of Mandatory Continuance the next day.

By filing this Notice, Joe stopped Plaintiff’s Motion from being heard for at least another month and a half.

By claiming that the continuance was due to a Legislative Session that HE HAD NO INTENTION OF ATTENDING, it’s certainly appears that Joseph S. Geller, Esq. has lied to the Court.

I’m no expert, but I’m pretty sure that judges don’t take kindly to people who lie to them.

Especially  lawyers.

Hopefully, there will be consequences.

Just saying.

Regardless of Joe’s incredibly shady tactics, this Motion will eventually be heard.  He can’t put it off indefinitely.

And once this Motion is heard, Phyllis will be forced to comply with the Court’s order.  The truth will eventually come out.

In any event, it will be interesting to see what happens next.

Will Joe Geller be sanctioned for his duplicity?

Why is Phyllis so desperate to hide her campaign records?

What did she know and when did she know it?

Will she be needing these?

Stephanie Kienzle
“Spreading the Wealth”