Ex Post Facto Plus Case Dismissed
Devastating news in from the Southern District of Florida. Does v. Swearingen (the case we referred to as “Ex Post Facto Plus”) has been dismissed by Judge Kathleen Williams because the plaintiffs are barred by the statute of limitations.
A copy of the order follows.
Does v Swearingen – Final Judgment
We will update as soon as we hear more from the attorneys.
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Can you use civil cases?Bertram us bank did away with stats of lims. In foreclosures about 3 years ago
It seems to me that no matter how informed, experienced and proficient your attorney is, how well the case if justified, the judges will find a way to dismiss the case with a loophole that was not expected, making the plaintiffs start all over again after huge expenses already spent. Judges know there is a finite end to expenses that Registered Citizens can bare and will keep dismissing until the suit is dropped
I have seen it over and over…It really is discouraging, but not unexpected.
FIGHT ON!!!
Refile with new plaintiffs within the statutory time frame or appeal the court’s ruling. FAC can seeking funding and vet the plaintiffs in any new action. I had previously voiced my opinion regarding the action on this site as well.
Is the court conceding, towards the end, that “second-generation” restrictions are not subject to binding precedent yet?
So the most sympathetic plaintiffs— those who’ve been offense free in the community for a long time— are inherently time-barred. Apparently they need to have been released in the last four years, if I’m reading correctly.
Correct – that might be round II