POINT VIII
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A "de mimimus Court scrivener's error" CANNOT RISE TO THE LEVEL
THAT JUSTIFIES JUDICIAL INTERVENTION VIA MOTION.............
Plaintiff-Respondent submitted their final Motion for
Judgement and Foreclosure and Sale (A - 324 -> 337), and
Defendants-Appellants challenged the motion in their Affidavit
in Opposition (A - 338 -> 386) and Memorandum of Law (A - 387 ->
406) because the Motion was based entirely upon
Plaintiff-Respondent's earlier own reworded Amended Decision and
Order (A - 7).
The Lower Court's action in granting and signing
Plaintiff-Respondent's illegal motion that created the Amended
Decision and Order resulted in the signing the final Judgement
being appealed herein. In spite of Defendants-Appellants
vigorous challenge to the motion, the Lower Court accepted
Plaintiff-Respondent's weak and specious explanation for their
evading the black letter law by not filing a proper motion.
Plaintiff-Respondent in their own Reply Affidavit on page 4
paragraph 18 (A - 406) made the following sworn excuse regarding
their involvement for their creation of the Amended Decision and
Order, and defended it by stating to the Lower Court:
"...Plaintiff will merely say that the Decision and
Order granted on April 20, 2007, contained a de
minimis Court scrivener's error which was corrected
by the August 27, 2007 Amended Decision and Order."
As defined by the Steven H. Gillis Law Dictionary:
"DE MINIMIS; insignificant; minute, frivolous.
Something or some act which is ''de minimis'' in
interest is one which does not rise to a level of
sufficient importance be dealt with judicially.
''Trifles, or matters of a few dollars or less.''
121 F. 2d 829, 832."
"DE MINIMIS NON CURAT LEX; the law does not care for
small things; the law does not bother with trifles."
Clearly Plaintiff-Respondent's own definition and admission
to the Lower Court to support their illegal faxed motion is
proof positive that legally they should never have requested
judicial intervention for a "trifling matter", and since they
did, they and the Court knew that the faxed letter request was
legally and intentionally a motion, improperly and illegally
done.
Plaintiff-Respondent can not claim a "de minimis Court
scrivener's error" to shield their "motion" that made major
changes of the holdings to the Original Decision and Order of
April 27, 2007.
This Court should declare that the Beals letter faxed to the
Lower Court was in fact a motion, and that by Plaintiff-
Respondent's own admission the changes requested were legally
"de minimis" in nature that can't rise to the level of requiring
judicial intervention, should not have been granted, and this
Court should void and vacate the Amended Decision and Order that
was granted on those grounds.
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