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| Chilling Effects Clearinghouse > Defamation > Notices > Florida injunction order sent to Google (NoticeID 2045, http://chillingeffects.org/N/2045) | Location: https://www.chillingeffects.org/defamation/notice.cgi?NoticeID=2045 |
March 07, 2005
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Sender Information: |
Recipient Information:
[Private]
[Private]
Sent via: email
Re:
In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County CASE NO: 04-27383-CA-Ol UNIVERSAL COMMUNICATIONS SYSTEMS, INC. and Airwater Corp. vs. PEDRO DEMBOVICH, This Court has the authority and ability to enforce an injunction that bars the Defendants from using tortious speech to interfere with a business interest. DeRitis v. AHZ Corp., 444 So.2d 93 (Fla 4th DCA 1984). This court has the ability to enforce this injunction against the Defendants and against any person or entity which has notice of this injunction which aid and/or assist either Defendant in violating this injunction. See Temporarily Yours v. ManPower, Inc., 377 So.2d 825 (Fla. 1St DCA 1979); US v. Hall, 472 F.2d 261 (5th Cir. 1973)(Holding courts of equity have inherent jurisdiction to preserve their ability to render judgment between original parties, and those who disrupt it.) IT IS HEREBY ORDERED AND ADJUDGED that the Defendants PEDRO DEMBOVICH and ROBERTO VILLASENOR (aka worm_06A, no_insiders, quondol, 65175R, j acoblehman, Henry _ Johnson 123, Tobias95, CrawleySmith,65175R, Blacksheep9110, ovejanegraO, Blacksheedip, doggonebad9l 1 ,pinkherring, ovanegra0, busholini, silvesterca), and wolfblitzzer0), are hereby mandatorily enjoined and ordered to remove and cause to be removed from all web sites and any all references caused to be posted by them under the above and any other alias all postings which reference either Plaintiff and/or Plaintiffs's President Michael Zwebner. Defendants are forever barred from making, stating, mentioning, posting on the internet anything which included the words "UNIVERSAL COMMUNICATIONS SYSTEMS, INC." and "Airwater Corp." ; "UCSY" or "Michael Zwebner" or any derivations thereof. Defendants are not to post, host, or make available any libel, slander, or any defamatory statements against the Plaintiffs nor Michael Zwebner, via the internet, television, radio, print or any other forms of media. Defendants shall not create any new alias, nor use any old alias, to post, host, or make available any statement regarding Plaintiffs or Michael Zwebner, via the internet, television, radio, print or any other forms of media. Anyone, or any entity, with notice of this judgment which republishes any past internet posting made by Defendants or any of Defendant's alias (or any other alias of Defendants known to said persons or entities) which identifies Plaintiffs or Michael Zwebner and/or which aids and/or assists either Defendant in violation of this order is also in violation and could be held in criminal and/or civil contempt. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, this 7th day of March, 2005. Circuit Court Judge
Plaintiffs,
ROBERTO VILLASENOR AKA
worm 06, scri 852, worm 06A no_ insiders, quondol, 65175R, jacoblehman, Henry_Johnson123, Tobias95, CrawleySmith, 65175R Blacksheep9110, ovejanegra0, Blacksheedip, doggonebad911, pinkherring, ovanegra0, busholini silvesterca, and wolfblitzzer0,
Defendants
FINAL JUDGMENT OF INJUNCTION
THIS CAUSE came before the Court on Plaintiffs Motion for Default and Default Judgment. Defendants Pedro Dembovich and Roberto Villasenor (aka worm_06A, no_insiders, quondol, 65175R, jacoblehman, Henry_Johnsonl23, Tobias95, CrawleySmith,65175R, Blacksheep9110, ovejanegra0, Blacksheedip, doggonebad911,pinkherring, ovanegra0, busholini, silvesterca, and wolfblitzzer0) were properly served with process in this action. Defendants Dembovich and Villasenor have not responded to the Complaint as required by law and a default and default judgment are hereby entered against them.
Judge Marc Schumacher
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Question: What is a default? Answer: A default is a failure to respond to a summons and complaint served on a party in the time required by law. If a legal answer or other response is not filed, the suing party (plaintiff) can request a default be entered in the record, which terminates the rights of the defaulting party to defend the case. Question: What is a default judgment? Answer: If a defendant in a lawsuit fails to respond to a complaint in the time set by law (commonly 20 or 30 days), then the plaintiff (who has filed the lawsuit) can request that the default (failure) be entered into the court record by the clerk. The plaintiff now will have the right to a default judgment against the defendant. If proof of damages or other relief is necessary, a hearing will be held in which the judge determines the amount of damages or other terms of the default judgment. In either case the defendant cannot speak for himself/herself. A defendant who had failed to file an answer or other legal response when it was due can request that the default be set aside, but must show a legitimate excuse and a good defense to the lawsuit.
Question: What is an injunction? Answer: An injunction is an order issued by a court directing someone to do something or prohibiting some act after a court hearing. Question: What is "interference with contract" or "interference with prospective business relations"? Answer: One can be held liable for intentionally or negligently interfering with the existing or prospective economic relationships of another. (e.g. contractual/business relationships) The 2d restatement of the law which contain general defintions of the law taken from the laws of many states, defines the tort of Intentional Interference with Prospective Contractual Relations as follows: (a) inducing or otherwise causing a third person not to enter into or continue the prospective relation or
Most jurisdictions and the restatement have slightly different wording for the seperate tort of interference with an already existing contractual relationship.(e.g. when a 3rd party's behavior prevents the performance of or induces the breach of a pre-existing contract)
Question: What is a "Permanent Injunction"? Answer: An injunction is "A court order commanding or preventing an action. * To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted... [A]permanent injunction [is] [a]n injunction granted after a final hearing on the merits. * Despite its name, a permanent injunction does not necessarily last forever." Question: What is libel? Answer: Libel is a false statement of fact expressed in a fixed medium, usually writing but also a picture, sign, or electronic broadcast. See What are the elements of a defamation claim? Question: What is slander? Answer: Slander is a defamatory statement expressed in a transitory medium, such as verbal speech. It is considered a civil injury, as opposed to a criminal offence. Actual damages must be proven for someone to be held liable for slander. The tort of slander is often compared with that of libel, which is also characterized as a defamatory statement, but one made in a fixed form, such as writing. Question: What is defamation? Answer: Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation. Question: What is contempt of court? Answer: There are essentially two types of contempt: a) being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge; b) willful failure to obey an order of the court. The court's power to punish for contempt (called "citing" one for contempt) includes fines and/or jail time (called "imposing sanctions"). Incarceration is generally just a threat and is rarely imposed, and if so the incarceration is usually brief. Since the judge has discretion to control the courtroom, contempt citations are generally not appealable unless the amount of fine or jail time is excessive. "Criminal contempt" involves contempt with the aim of obstruction of justice, such as threatening a judge or witness or disobeying an order to produce evidence. |
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