I was just thinking yesterday that it’s been over 2 years since Shellie Zimmerman filed for divorce. Her infamous husband, George Zimmerman, killed unarmed, 17-year old Trayvon Martin on February 26, 2012. He was acquitted in July 2013. Shellie filed for divorce in September 2013. A default judgment was entered in the case, but George obtained an attorney and asked that the case be reopened to divide assets and debts. The only possible asset was pending, and it was George’s suit against NBC.
Judge Debra Nelson, who also presided over George’s murder trial, dismissed his case against NBC. It went up on appeal and several months ago, the Appellate Court affirmed Judge Nelson’s ruling.
Written by scrodriguez.
Here we go again same (expletive), different toilet. George Zimmerman is playing the blame game again. This time he has pointed the finger at President Barack Obama stating that our president is to blame for racial tensions surrounding the shooting death of Trayvon Martin.
Of course we expect the typical “I am not to blame” campaign headed by Zimmerman. after all his past clearly proves this right? I mean it wasn’t his fault that he was following an unarmed teen in the middle of the night first by car then by foot he didn’t create any scenario at all that would leave a kid to feel threatened no not good ole Georgie.
George follows the book, respects the law. (snark) I mean that is evidenced by him disregarding the neighborhood watch handbook guide in which the Director of neighborhood watch clearly stated, time and time again, not to follow anybody. The handbook clearly states you are the eyes and ears for law enforcement — not the vigilante. George’s actions remind me of a statement made at his trial by Rachel Jentel.
In fact, George was even reminded this on his non-emergency call when he reported a suspicious looking black teen walking through the Retreat at Twin Lakes. And of course, after several neighborhood watch meetings, after having read the handbook given to him and being reminded on the non-emergency call not to follow, George did not follow those instructions. In the end, he said it was Trayvon’s fault for his own death.
Oh wait – maybe it was the dispatcher’s fault for asking if he wanted to meet the arriving officer at the mailbox. Maybe it was the day of the week’s fault because he and Shellie always grocery shopped on Sunday evenings after he cooked dinner for her – although Shellie had left George the day before and was at her dad’s. Read the rest of this entry
Congratulations to NBC and their attorneys.
This morning, Judge Nelson ruled that George Zimmerman is not entitled to any money from NBC.
USA Today reports that unless the ruling is reversed by an appeals court, Zimmerman’s suit is finished.
George Zimmerman killed Trayvon Martin on February 26, 2012. He was not arrested until April 2012 and his trial began in June 2013. July 13, 2013 will mark one year since a jury of 6 women, consisting of 5 Whites and 1 Latina of Puerto Rican descent, found Zimmerman not guilty.
Zimmerman filed the lawsuit against NBC in December 2012. During his trial, he and NBC agreed to stay the hearings until after the verdict. Zimmerman’s basis for the lawsuit was accusing NBC of editing his non-emergency call to the police, making him appear racist. Read the rest of this entry
Judge Nelson is currently on the bench hearing argument on NBC’s motion to dismiss the lawsuit filed by George Zimmerman.
Thus far, attorneys for NBC are arguing that the case should be dismissed since Zimmerman failed to follow Florida’s retraction statute, and he wasn’t harmed by the reports.
Zimmerman’s attorneys argue they haven’t even had time to interview witnesses. They say pretrial depositions will support his claims that NBC’s broadcasts were false and reckless.
We’ll continue to update.
NBC has won a partial victory. The Judge has thrown out all claims against Jeff Burnside.
Judge Nelson has delayed ruling on NBC’s motion.
This coming Tuesday will be a year since several hundred potential jurors appeared for jury selection for the 2nd degree murder trial of George Zimmerman. The process continued to actual selection and trial. On July 13, 2013, 6 women acquitted Zimmerman for killing unarmed 17-year old Trayvon Martin.
Because Trayvon Martin lives in the hearts of many, we cannot forget discovery, pre-trial procedures, jury selection and the trial itself. An important issue for the trial was who was screaming for help, the screams being captured in the background of a 911 call. All experts concluded that the voice was NOT that of George Zimmerman, but the Honorable Judge Nelson who presided over the case, would not allow those experts to testify. Read the rest of this entry
WARNING: This article contains images and words that some might find offensive.
Reading NBC’s motion to dismiss was fairly easy. Trying to make sense out of Zimmerman’s reply was not so easy.
NBC Universal has petitioned the court to dismiss Zimmerman’s lawsuit for four reasons;
(1) he has failed to comply with Florida’s retraction statute, which precludes his claims with respect to one of the five broadcasts he challenges;
(2) he is a public figure who cannot carry his burden of demonstrating, by the clear and convincing evidence required by the First Amendment, that any of NBC’s reports were broadcast with a high degree of awareness of their probable falsity, or, indeed, that they are false in any material respect;
(3) he cannot demonstrate that the NBC broadcasts caused the debilitating damages to his reputation and well-being that he claims are attributable to NBC; and
(4) he has, for these and other reasons, failed to state a claim for intentional infliction of emotional distress.
Just a few thoughts …
If the person claiming defamation names a party as defendant who was not notified to retract, that party cannot be sued. In their motion to dismiss, NBC raises a good argument on that issue. Zimmerman’s attorneys will need to petition the court for leave to file an amended complaint if they want to cure that deficiency.
It is Florida, and I am unfamiliar with most of Florida’s Rules of Civil Procedure. However, when it concerns motions to dismiss or motions for summary judgment that are filed before discovery, there is a general understanding that I’ve learned. That is, if the party who did not file to dismiss the case wants to conduct discovery, it has to request the court to stay the motion to dismiss before filing a reply to the motion to dismiss.
There is also a general understanding that when responding to a motion to dismiss or motion for summary judgment, that the party cannot rely on allegations in their complaint as evidence that a genuine issue of material fact exists. When a genuine issue of material fact is disputed, courts deny motions to dismiss and for summary judgment so a jury can decide the issue. Beginning around page 68, Zimmerman’s lawyers rely on his complaint as evidence that a genuine issue of material fact exists. That’s a no-no that can have that entire portion of their pleading stricken or that issue denied by the court. Yes – the court can grant in part, and deny in part.
Based on the reply filed by Zimmerman’s attorneys, they argued that they needed to conduct discovery and amend his complaint, but did not ask the court for that relief. Read the rest of this entry
The Orlando Sentinel reports that paperwork has been filed at the Seminole County criminal courthouse setting forth that Zimmerman says he is giving up his promised fight to make the state pay his legal bills and the hearing on sanctions based on allegations that the State violated rules of discovery.
The docket sheet provides that on February 20, 2014, a Notice of Voluntary Dismissal of Any Future Hearings and All Pending Issues was filed in Zimmerman’s criminal case.