29. LTA LOGISTICS v Enrique Varona (Defendants Contract for Restitution)

7/28/2019 29. LTA LOGISTICS v Enrique Varona (Defendants Contract for Restitution)

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IN THE COUNTY COURT OF THE ELEVENTH JUDICIALCIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISIONCASE NO. 11 20527 CA 21

LTA LOGISTICS, INC.LESTER TRIMINO, etal\P l a i n t i f f , THE ORIGINALv.

M A Y 3 1 2013Enrique V arona,nf , IN THE OFFICE OFIJejenaant, CIRCUIT COURT DADE CO., FL

SWORN NOTICE OF ACCEPTANCE OF OATH O F OFFICEAS CONTRACT FOR RESTITUTION,

VICARIOUS LIABILITY, & W AIVER OF TORT

HERE COMES, the defendant, Enrique Varona, who stands Sui Jurisacting Pro-se who is a living soul, who enters into this contract forrestitution and issues this sworn notice of acceptance of oaths of officeas contract for restitution, vicarious liability, and waiver of tort to theplaintiffs attorneys, WARREN GAMMILL & ASSOCIATES, P. A. orany of its agents operating under any title of nobility, private association,or corporation and shows the following;


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/*

I - ACCEPTANCE OF OATHS OF OFFICE

1. Defendant, Enrique Varona, Sui Juris acting Pro-se (from here on,"Defendant") hereby, duly notices WARREN GAMILL &ASSOCIATES, P.A., (from here on, "WGA") acting as officers of thecourt, Attorneys of record for the plaintiff, and their successors,nominees, assignees, agents, with this instrument entitled, "Notice forAcceptance of Oaths of Office" and hereby duly accepts WGA Oaths ofOffice, as being an open and binding offer of contract made explicitlyunder reserve and without recourse to form a firm and binding privatecontract between Defendant and WGA.2. WGA is bound by Oath, which makes WGA "Bonds" accessibleto defendant, that WGA would perform all of said promises,including, but not limited to the promise to uphold the Constitution forthe United States of America and the Constitution of the State ofFlorida, which includes protecting all of defendants rights. I trust WGAwill be honorable men and women whose Oath is their bond, and that

W GA will honor this private contract with defendant, consummated bythis notice of acceptance, by keeping said promises, not to allow theplaintiff acting without delegated or regulatory authority, to interfere inW GA duty to the defendant.


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3. Defendant explicitly reserves all his rights without recourse. This"Notice for Acceptance of Oaths of Office" is issued in accordance withadministrative process and as an instrument at contract law; at 3 days,without proper rebuttal signed under penalty of perjury, Defendant andW GA have a Contract; at 7 days, without proper rebuttal signed underpenalty of perjury, attorney is in Dishonor; at 10 days, without properrebuttal signed under penalty of perjury, defendant has a Summ aryJudgment against WGA , said summ ary judgm ent being:

(a) WGA will honor his promises to uphold all of Defendantrights and not allow any third-party interference with attorney'sduty to Defendant, and,(b) WGA acts committed outside their oaths operate under"color of law" and void W GA immunity and WGA accept allpossible liability, not limited by claims and damages untodefendant, a living soul, in (i) unlawful conversion; (ii) fraud andmisrepresentations; (iii) misrepresentation of agreement; (iv)barratry and other acts of bad faith; and, (v) breach of good faithand fair dealings.


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4. WGA willful choice to either remain silent, write, or cause anythird party to write an ambiguous or convoluted response intended to

, mislead or deceive, or imply authority to represent WGA interests in thiscontract, establishes WGA unconditional acceptance and tacit approval,nihil dicit, for the foregoing contract and the foregoing contract willstand as final judgment. This document will be made part of the publicrecord and will be used to establish an administrative record which willbe provided as evidence in any judicial proceeding at law or equity.

II - CONTRACT FOR RESTITUTION

"Forbearance is consideration. Black's Law Dictionary,6th Edition page 307; Restatement Second, Contracts 17(1), 71; Corbin on Contracts, Vol. 2, page 80, RevisedEdition, West Publishing Co. 1995"And,"Forbearance from exercising a right to take legalaction...constitutes adequate consideration..." [citingnumerous cases] Richman v Brookhaven ServicingCorp., 80 Misc. 2d. 563, 363, N.Y. S.2d. 731, 733. AndTown & Country Bank v. .. .Bancshares, 172 Ill.App.3d1066, 527 N.E.2d 637 (1988).


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5. Defendant, hereby claims, declares, and states, under oath thefollowing; Forbearance is consideration, as learned in Black's LawDictionary (above). "Actual forbearance of suit for a reasonable timeis consideration." William H. McMicken et al. v. Helen M. Stafford,197 ffl. 540 (1902).6. This instrument constitutes a private contract and gives WGAconsideration in the form of forbearance of suit for a reasonable periodof time (30 days).

-ATTORNEY IS VICARIOUSLY LIABLE7. The Pla intiffs have retained as their attorneys the law firm ofW GA Florida Bar No. 151221 and Mrs. Madelin D'Arce, P.A. FloridaBar No. 55675. On information and belief the Plaintiff is described asthe "client" of WGA.8. The legal meaning of "client" is found in, Corpus JurisSecundum legal encyclopedia, volume 7, section 4, which says thefollowing;

"A client is one who applies to a lawyer or counselor foradvise and direction in a question of law, or commits hiscause for his management in prosecuting a claim or


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defending against a suit in a court of justice, (21) Onewho retains the attorney is responsible to him for his fees,and to who the attorney is responsible for themanagement of his suit, (22) one who communicatesfacts to the attorney expecting profe ssiona l advise. (23)Clients are also called "wards of the court" in regardsto their relationship to their attorney. (24)"

9. The legal meaning of "wards of the court" is found in CorpusJuris Secundum, Attorney & Client, Sec. 2, pg 769, 802, and inDavis' Committee vs. Loney. 290 Ky. 644, 162 S.W. 2d 189, 190.which is;

"wards of the court- infants or persons of unsoundminds placed by the courts under the care of aguard ian ... A legally incompetent person such as an idiotor an imbecile"

10. It is a fact of law that plaintiffs, LTA LOGISTICS, INC., aFlorida corporation, a legal fiction who can only act through itscorporate officers who are LESTER TRIMTNO, ANNETTETRIMINO, LESTER TRIMINO SR., are the "clients" of WGA whoare therefore "wards of the court" who by force of law are to be


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considered infants, persons of unsound minds, legally incompetent,idiots, and imbeciles under the legal guardianship of WGA.11. Vicarious liability is a legal concept that means that a party maybe held responsible for injury or damage, when in reality they were notactively involved in the incident. Parties that may be charged withvicarious liability are generally in a supervisory role over the person orparties personally responsible for the injury/damage. The implications ofvicarious liability are that the party charged is responsible for the actionsof their subordinates. This applies especially to corporate andgovernmental entities.12. The intent behind vicarious liability is that the proper party mustbe held responsible when harm is done. The defendant has been injuredby the plaintiff unlawful conduct in the court and under "the law ofagency" holds W GA liable in tort for the frauds of its clients.13. For the record, defendant has docum ented through un-rebutted

affidavits, sworn statem ents, and notices of felonies num erous crimescom m itted by the plain tiff against the public at large, the court anddefendant, including but not limited to making false statements to thecourt, introducing false papers into the court, frauds upon the court,contempt of court orders, obstruction & tampering with evidence,


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obstruction of due process, tampering with witnesses, violations ofFlorida Statutes, violations of federal laws, violations of D.O.T.administrative rules and codes, violations of constitutional and civilrights as described in the U.S. and the Florida constitutions, breach ofcontract, official oppression, negligence, and more. Egregious andunconscionable unlawful acts committed by the plaintiff in theirmisguided and malicious effort to commence, litigate, and sustain thisfrivolous cause of action. Actions that has resulted in great harm,injury, and damage to the defendant.

IV - WAIVER OF TORT

Waiver of tort, "the election, by an injured party, forpurposes of redress, to treat the facts as establishing animplied contract, which he may enforce, instead of aninjury by fraud or wrong, for the committing of which hemay demand damages, compensatory or exemplary".Blacks Law Dictionary 5th Ed., Page 1418

14. Note that it is solely the option (election) of the injured partywhether to apply this option. The injuring party, the plaintiff is theinjuring party has nothing to say concerning "Waiver of Tort".


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15. By defendants acceptance of the Oath of Office of WGA, whichconstitutes the defendant open and binding offer of contract to form afirm and binding, private contract between Defendant and WGA, thisimplied contract comes into full force by the act on WGA part totrespass upon Defendants rights and freedoms. WGA has openly swornto protect and obey The Constitution for the United States of Americawhich clearly states at Article 1, section 10, "No state shall passany Law, impairing the Obligation of Contracts" which has beenupheld in the Supreme Court case of Hale v. Hinkel 201 U.S. 43 (1906)over 1600 times.

CONCLUSIONIf WGA does not respond according to conditions herein, WGA

agrees to the claims, facts, statements, laws and conclusions of law hithis sworn notice including but not limited to the fact that WGA hasdamaged and injured the defendant. Since actions speak louder thanwords, and by actions contracts are consumated, WGA actions havemade manifest, with open disregard for the Rule of Law, that W GAhave, at all times and in every measure, concerning their associationwith the plaintiff against the defendant, operated outside the parameters


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of the Constitution for the United States of America, and within thebounds of coersion, threat, duress, malfeasance, tort, unlawful

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conversion, and any of several other offenses known to be injurious tothe defendant. As a consequence of these actions WGA has committedfelony crimes against the defendants person for which restitution issought in the following manner;By WGA offer an d Defendant's acceptance we mutually, willingly,and intentionally agree to the terms of this implied contract:1. For each injury by trespass, it is agreed that, so long as the injuryremains, payment will be made upon demand, under "Equality under theLaw", as per; Trafficant v. City of Tampa, $18,000.00 per hour indamages to injured party, in Lawful money of the united States ofAmerica, and,2. For each injury which remains after seven days, it is agreed thatpayment will be made upon demand in the amount of, under "Equalityunder the Law", as per; Trafficant v. City of Tampa, $432,000.00 perday in damages to injured party, in Lawful money of the united States ofAmerica, and,3. This Waiver of tort is enforceable by all lawful means and is agreedthat an immediate lien will attach against the assets, wages, and


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property of WGA in favor of Enrique Varona or any of his designeesas he so names or designates. See UCC. All persons, employees, andofficers operating under orders of WGA who commit injury by trespasss

upon me, under color of law, without lawful order and verifiedassessment, will cause attachment of this Waiver of Tort. Continuedproceeding in trespass shows acceptance of this Contract and providesEvidence of WGA intent to implement the terms Waiver of Tort andaffix said lien(s). According to several and various UCC Regulations,"performance is acceptance." Time is of the essence. Compliance withthe rule of law is required as all commerce must be done in truth.

fully submitted by ,

Enrique Varona, Sui Juris acting Pro-se14823 s.w. 125 CourtMiami, Florida [email protected]


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SWORN AFFIDAVIT OF TRUTH

IN WITNESS WHEREOF, I, Enrique Varona, Sui Juris, solemnly affirm and verifythat I have read the foregoing, and know its contents to be true to the best of myknowledge, except as to the matters which are therein stated on my information orbelief, and as to those matters, I believe them to be true. This instrument is submittedupon good faith effort that is grounded in fact, warranted by existing law for themodification or reversal of existing law and submitted for proper purposes, and not tocause harassment and unnecessary delay or costs, so help me God. See SupremacyClause (Constitution, Laws and Treaties are all the supreme Law of the Land).I declare under penalty of perjury, under the laws of the STATE OF FLORIDA , thatthe foregoing is true and correct:

Enrique Varona, Sui Juris14823 SW 125 CourtMiami, Florida 33186On this day came before me the Affiant, a living flesh and blood man/wom an to oathand attest and affirm the signature is true, complete, and correct on the foregoingaffidavit. Enrique Varona, the above signed, who is personally known by m e or uponproper oath and identification, personally came before me, the subscriber, a notarypublic in and for said Miami-Dade County and the State of Florida, and DulyAffirmed the truth of the foregoing Affidavit in my presence. The Affiant alsoacknowledged the signing thereof to be his own voluntary act and deed, signing thewithin instrument in my presence and for the purpose therein stated.

Date: 5 j 3 G Jf ? > \. IIdentification provided: ~/hAhJ V JL! -J_C"YXA.oNotary P ublic: ^ Y ^f//y ^>

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Documents

29. LTA LOGISTICS v Enrique Varona (Defendants Contract for Restitution)