Landlord Tenant Matters 3B District Court May 15, 2026

Added: 2026-05-16

[00:00:21]Good morning.

[00:00:23]It's another tiny desk concert.

[00:00:27]Uh, good morning. Can you hear me?

[00:00:40]Uh, I'm using the small hearing room because Judge Patterson has the Friday morning pre-trials this morning and uh he's got a room for it and uh good morning California.

[00:01:00]Uh anyway, uh we've got a landlord tenant docket this morning. A little bit later, I'm going to uh take a felony plea in a circuit court case.

[00:01:12]Yes, glad you could hear me. It's a nice day. It's finally starting to get warm here. It's the 15th of May. It's probably somebody's birthday. Got some people in the waiting room already.

[00:01:25]Uh and I've got big fat civil case at 10:00.

[00:01:30]Um, yesterday we had a very brief I think we're alone now.

[00:01:38]Tommy James and the Shawn Dells.

[00:01:42]Today's first line, it's a Friday.

[00:01:47]Last week we had the cure on Friday. That's a good Friday song.

[00:01:54]Today you with your words like knives and swords and weapons that you use against me. You've knocked me off my feet again got me feeling like a nothing. You with a voice like nails on a chalkboard calling me out when I'm wounded. You picking on the weaker man.

[00:02:17]All right, that's our first line today.

[00:02:21]Uh, guess we probably better get busy.

[00:02:32]This computer here is different than what I'm used to.

[00:02:37]Turn the chat off. I always thank you for saying good morning. Everybody's so gracious.

[00:02:44]Beautiful day. Great to be alive.

[00:03:02]I've only used this courtroom a time or two.

[00:03:22]There's no sense even having that view on. I just show some empty chairs.

[00:03:27]Uh I have a camera that I tried to attach in here, an ancillary camera, but the ports aren't the same. So I have to work on it. I think I brought somebody in. Let's see.

[00:03:46]Carolyn O'B is joining.

[00:03:53]This desk is very small.

[00:03:58]So is the room.

[00:04:17]Good morning.

[00:04:25]I forgot my little cheat sheet. I guess I'll have to do the advice of rights by memory.

[00:04:31]I ought to be able to. Mr. Burn, can you hear me?

[00:04:36]You need to unmute your microphone.

[00:04:47]We're close.

[00:04:57]>> All right, there we go.

[00:04:59]>> Good morning.

[00:05:00]>> Good morning.

[00:05:03]>> I'm waiting for Mr. Fleman, the attorney for the plaintiff to show up.

[00:05:12]>> Can you see me?

[00:05:14]>> Yep.

[00:05:14]>> Yep.

[00:05:16]>> Very good.

[00:05:19]>> Your honor, I'm also here, too. I We didn't see the point in doing two Zoom.

[00:05:26]Are you Bernard?

[00:05:28]>> Yes, I am.

[00:05:29]>> Yeah, that's f that's that's perfectly fine.

[00:05:41]All right, while we're waiting, I might as well just go ahead. Your tenants in a landlord tenant proceeding, your landlord has asked you to pay the rent or move. That's called a non-payment of rent case.

[00:05:53]>> Uh, as such a defendant, you have the right to hire a lawyer. If you can't afford an attorney, you can see if legal aid would represent you or seek other legal representation.

[00:06:04]You have the right to have the case heard here in St. Joseph County where the property is located.

[00:06:10]You have a right to demand a jury trial.

[00:06:13]If you wish to have a jury trial, you must tell the court at this first appearance or file a written jury demand within five days and pay the $50 jury demand fee.

[00:06:30]If your landlord has asked you to move because you haven't paid rent, you may be able to get assistance from several possible sources. The Department of Health and Human Services, DHS, Community Action Agency, Neighborhoods, Inc., or if you're a veteran, you may be eligible for some veteran services.

[00:06:52]Um, you may be able to reach an agreement with a landlord by going through mediation.

[00:07:00]In which case, uh, if both parties are interested, the court can refer the matter to a mediator for a possible settlement. That's never happened yet, but it might one day. And finally, uh, you may be able to reach an agreement with the l the plaintiff that would result in what's called a condition order of dismissal. This law firm, the Bradshaw Law Office, does a lot of those.

[00:07:27]>> Mr. John Bradshaw is joining us now.

[00:07:30]>> Morning, your honor.

[00:07:32]>> Good morning.

[00:07:35]This is the esteemed Mr. John Bradshaw.

[00:07:38]He's representing Legacy LLC.

[00:07:42]Title of the case is Legacy NWI LLC versus Carolyn O'Brien and Bernard O'Brien. I did advise the defendants of their rights. I didn't have the record turned on, but I advise them of their rights as tenants. And uh Mr. John Bradshaw is here. This is filed as a demand for non-payment of rent. Rent is pretty substantial, 1,215 per month. U Mr. Rancho, what's the status here today?

[00:08:12]>> So, your honor, I'm showing that the current amount due through the month of May is $3,900.

[00:08:19]There's $23714 in court cost. So, the total due is $4,13714.

[00:08:27]I might note, however, that I'm looking at the ledger and it has probably what you would deem are two late fees that are not going to be acceptable. one in April for 100, one in May for 100. So, I would suspect that that would be reduced by $200. There are additional late fees of 45, which I think you accept those. Um, >> I'd allow a 45, but I would cut those into $50.

[00:08:59]>> Well, they're for the same month.

[00:09:02]>> Yeah.

[00:09:04]Oh, $100 for the same 45 and 200s.

[00:09:08]>> Yeah. Well, 45 on the first, 45 on the second, and then 100 on the 11th. So, >> oh my >> I'm assuming you will just eliminate the 100.

[00:09:19]>> Um, >> yes.

[00:09:20]>> And I'll inform my client of that if they're not here. I don't see them here.

[00:09:25]>> And we're here.

[00:09:26]>> We're not.

[00:09:28]>> No, you meant the the company.

[00:09:30]>> Yeah. I was ask What's your intention, folks? Do you wish to try to stay here or do you plan to move?

[00:09:37]>> Um, yes, we wish to try to stay here. We have we we went to the DHS office and put in and put in an application for state emergency relief. Um, we have also, in case that doesn't go through, have went to our bank and uh >> have applied for a personal loan to catch the rent up. Um, our bank has gotten back a hold of us and said something about uh >> needing more information.

[00:10:07]>> Just they needed more information. So, we gave them that information. So, we're just waiting on confirmation of that.

[00:10:13]>> I mean, I don't know if there I doubt that there's any agreeable way that they will. I mean, I don't I don't know, but I mean, if we can make some kind of payment arrangements or whatever.

[00:10:25]>> All right. Well, let's let's talk about this. The law requires that we adjourn this at least 7 days.

[00:10:33]Uh >> okay.

[00:10:41]>> Give me a moment here.

[00:10:58]Thought I had this program open, but I didn't.

[00:11:09]Mr. Bradshaw, in light of the fact they have gone to the DHS, would you like me to continue this for two weeks?

[00:11:18]>> Um, sure. That'd be fine. And in the meantime, folks, if I could get your contact information, we might be able to the court, I'm sure, talked with you about the ability to do a conditional dismissal, right?

[00:11:30]>> More than happy to do that. And if but if we do it two weeks, there's a good chance. Let's see. Two weeks will be the 29th.

[00:11:39]>> We'll still be in May.

[00:11:41]>> Yeah.

[00:11:41]>> Well, yeah, sort of. Um, why don't you just give me your contact information and I >> just a minute. You've got another legacy case set for Friday, May 29th.

[00:11:54]>> Okay.

[00:11:55]>> Uh, Havens. So, I'm going to set this for 9:41.

[00:12:00]So, we can uh 5 29.

[00:12:12]>> And if you have the pen, can I give can I give you folks? No, just I'm going to >> Yes. Okay. Go ahead.

[00:12:21]>> Just a moment. She's grabbing one.

[00:12:25]>> Then you call me and we'll we'll see what we can do.

[00:12:29]>> All right. Um yeah, I'm hoping we can resolve this.

[00:12:38]>> Now, I don't want to put your contact information out over the live feed. So, what you're going to do is call Mr. Bradshaw and he get your email and your other information. You can discuss possible resolution with a conditional order of dismissal. The law requires I adjourn this seven days. I've adjourned it 14 to give you more time to find out about your emergency financial assistance.

[00:13:03]>> Right.

[00:13:04]>> Okay.

[00:13:05]>> All right, Mr. Brad, I'm ready.

[00:13:07]>> Okay. So, uh, area code 269 569 7590.

[00:13:19]One more time. 2-695697590.

[00:13:24]>> All right.

[00:13:24]>> Yep, we got it.

[00:13:25]>> All right, cool. Give me a call and um we'll work on this.

[00:13:31]>> Okay.

[00:13:31]>> All right. Sounds good, sir.

[00:13:32]>> All right. In the meantime, Mr. Mrs. So, Brian, the matter is set for two weeks from this morning at 9:41.

[00:13:42]I've already got a case set for 9:40, but I'm thinking this case might be resolved and Mr. Bradshaw's office is scheduled to be here at that same time.

[00:13:53]So, we'll discuss this with you. We'll see what DHS is going to say. Uh whether the bank will loan you money or not, I don't know. Now, when I see you next on the 29th, >> uh, >> uh, the next month would be June, >> and June's rent we do on June 1st. So, your rent is quite high for our >> 1,215 a month. Here here's this um also what the they he when they rented to us um they told us that he he was he said he was get charging us an extra 75 a month to start with at 6 months that he would consider taking that back off.

[00:14:36]>> Um >> well I'm not sure that DHS will give you any assistance with rent this high.

[00:14:42]>> Right. Well, I mean, they may not, and that's why that's why we thought about that.

[00:14:47]>> Are you are you employed?

[00:14:49]>> Um, yes. Um, there was a moment there where >> both of us were >> both of us were unemployed and that's how we kind of got in the situation >> and we're both employeed now.

[00:15:03]>> Full time.

[00:15:03]>> Full time.

[00:15:05]>> Very good.

[00:15:08]So, I mean, if we call >> find a way to get through this, we're we're good.

[00:15:13]>> Yes. If we can get through May and then maybe June. Okay. Uh, you call Mr. Bradshaw. He'll discuss this with you.

[00:15:20]Your next hearing date is May 29th at 9:41 a.m.

[00:15:27]>> All right.

[00:15:28]>> Thank you very much, sir.

[00:15:30]>> Thank you, your honor. I have >> I have a hearing at 950. I'm just gonna log out in case.

[00:15:38]>> All right. Very good. I've got several Riverside cases and we'll deal with them.

[00:15:43]>> All right. Thanks.

[00:15:44]>> Thank you. Bye.

[00:15:55]920 9:25 930 9:35 We have four Riverside cases in a row and our manager is present.

[00:16:11]Good morning. Morning, honor.

[00:17:15]This first case is Marble. Well, she's apparently here. No, maybe not. This is Rachel.

[00:17:25]Um, Ella Marble was served by attachment. Is she still there?

[00:17:33]Um, I had one of my remants men check her apartment about a week ago and there's still furniture in it. Um, I have spoke to her back in the end of uh, March and she said that she was going to come in and do her reertification and take care of everything.

[00:17:51]>> Well, let's wait till everybody gets here before we try to make a further record. I just wondered if cuz she's not here in a timely manner and uh neither is the attorney, but uh I'm thinking maybe she's not going to show up.

[00:18:19]Good morning. Are you Rachel Herd?

[00:18:23]You need to unmute your microphone.

[00:18:26]>> There we go.

[00:18:28]>> Good morning. You're in the right place.

[00:18:29]You're a little early and that's fine.

[00:18:31]We're waiting for the attorney to join us.

[00:18:34]>> All righty.

[00:18:38]>> That's fine.

[00:18:39]>> If you need to mute your mic because of the kids, you can do that. You apparently know how to turn it on and off. So, go ahead and mute it and I'll give you a sign when you need to turn it back on. All >> righty. Thank you.

[00:18:59]I'm in the very small little hearing room this morning. Uh Lori, I don't know if you've been here since we've been in the new big old courtroom, but uh we often conduct court now from what was the county commission chambers. This is a small hearing room.

[00:19:17]I don't know what it was originally. Um, but we're Judge Patterson and I are sharing it. Uh, we have four courts and only two functional courtrooms.

[00:19:32]>> Now, I haven't been there since the court switched over. I did notice it looked a little different this time.

[00:19:38]>> Well, this room, uh, it's adequate for this purpose when we do everything remotely.

[00:19:44]>> I could probably even do it for my office, but that isn't set up for it.

[00:20:00]Well, while we're sitting here not doing anything, let me advise Miss Marble of her I mean, Miss Herd of her rights.

[00:20:07]Miss Herd, you are here on a landlord tenant case where your landlord has asked you to be evicted for non-payment of rent. They want you to either pay the rent or move out. Most people try to make an effort to pay the rent.

[00:20:22]In such a case, you have a right to hire a lawyer. If you can't afford an attorney, you can see if a legal aid attorney would be available to assist you or if you could find other legal assistance.

[00:20:36]You have a right to have the case heard here in St. Joseph County where the property is located. That's never been an issue. Not even once. But that's what the law says I have to tell you.

[00:20:47]You have right to have a jury trial. If you wish to have a jury trial, you must tell the court at this first appearance or make the written demand within five days demanding a jury trial and pay the $50 jury demand fee unless to judge waves the fee for your inability to pay it.

[00:21:08]If your landlord has asked you to be evicted from a residential property because you haven't paid the rent, you may be able to get emergency housing assistance from the Department of Health and Human Services, uh the Community Action Agency, Neighborhoods, Inc., or if you're a veteran, you may be eligible for some veteran services or other emergency housing funds. Frankly, there's not a lot of that to go around anymore.

[00:21:39]Uh, you may be able to reach an agreement with the landlord by going through mediation. If both parties are interested, we can schedule a matter for mediation. That's not happened yet, but one day it might.

[00:21:53]Also, you may be able to reach an agreement with the landlord by which you would have a conditional order of dismissal, agreeing to certain terms and conditions to either pay or vacate. And if there is a conditional order of dismissal, we would ask the attorney to prepare it. I'm a little concerned Mr. Burchard has got all four Riverside cases and they're five minutes late, which makes me think maybe they're late.

[00:22:22]Anyway, we'll be all right.

[00:22:36]Good morning.

[00:22:57]Miss Ad, would you join us, please?

[00:23:01]>> Yes. My apologies, Jeff.

[00:23:02]>> Good morning. We've been waiting six minutes for you to show up, but we started anyway. And we advised uh our first defendant uh of her rights. The actual first defendant hasn't appeared.

[00:23:17]Uh, that would be Riverside Town Off Houses versus Ella Marble. Let me get your appearance.

[00:23:23]>> Yes. Good morning, your honor. Ran Hadach P8497 for the plaintiff. My apologies. I had this in my schedule for 9:25, your honor.

[00:23:30]>> We have a 920 and then a 925 and a 9:30.

[00:23:34]Anyway, the 920 hasn't shown up. That would be uh Ella Mara.

[00:23:40]Uh, according to your manager, Lorie Combach, they have looked at her apartment. There's furniture in there, but she may have vacated. Miss Combach, would you go ahead and place on the record what you were going to tell me earlier?

[00:23:56]>> Yes. I had um my maintenance guys go over and knock and just open the door, looked in, there was furniture in there, so we closed the door. I spoke to her last time the end of March and she said she was going to come in and do her research and take care of everything and I have not seen her since. Um, we have called her a couple of times after that with no reply and we were able to leave messages but she never called us back.

[00:24:24]>> Well, we have a second mailing here. We have attachment service and a second mailing. Miss Ad, are you going to ask for a default judgment in this case?

[00:24:34]>> Yes, your honor. Then a plaintiff would not default judgement for possession.

[00:24:38]This is a complaint to recover possession only. We have rent to retain in the amount of $234.

[00:24:46]Attorney fees and costs in the amount of $186.18 for a total redemptive amount of $2,19922.

[00:24:58]We would be seeking a red date of May 26, 2026. There is no money judgment requested. Um, and to my knowledge, the defendant is not a minor, incapacitator, or in the military. And my client can also attest to that um if if needed.

[00:25:16]>> All right. I don't have a judgment in here that I could find. So, I'd ask that you would email me one. Our email address, I don't know if it's in your library. It's on the notice. It's 3B civil staffmi.gov.

[00:25:36]It's a bit cumbersome. 3B civil staffmi.gov.

[00:25:44]Uh, >> thank you, your honor.

[00:25:46]>> And if you email that, I'll sign it.

[00:25:47]I'll grant default.

[00:25:51]>> I will do that immediately. Your honor, would you like the dates and uh uh filled in as well?

[00:25:56]Yes. I would have used the the 25th, but you're going with the 26th, >> right? I believe the 25th is a holiday.

[00:26:06]That's I believe that. Yes, I believe that's Yes, that's Memorial Day.

[00:26:09]>> Very good. That's Memorial Day. So, thanks. All right. I'll wait. Um >> I will submit that judgment at the conclusion of this hearing.

[00:26:24]>> All right. Our next defendant, Miss Herd, was here and so we use some of that time to advise her of her rights.

[00:26:32]So, we've done that. Miss Zerret has joined us. We'll take her case up in a minute.

[00:26:39]Next matter we're going to address is Riverside Town Houses versus Rachel her.

[00:26:45]Let me make a note here.

[00:27:13]Uh the defendant Rachel Herd is present by Zoom. Also present is Riverside's manager Lori Combach.

[00:27:20]And uh this has a demand for non-payment of rent case. At the time it was filed, rent was noted to be 411 per month.

[00:27:30]What's the current rarerish?

[00:27:32]Your >> your honor, I'm showing rent to retain in the amount of $1,34.

[00:27:40]Uh unless that has changed.

[00:27:42]>> Um uh that's okay. So that is the current the current amount $1,34 attorney fees and cost in the amount of $186.18 for redemptive amount of $1,49018 due and owing through the end of this month.

[00:27:59]You're very good at that. You'd be amazed at how often I ask council how much is doing and owing and they fumble around with it. It's like that's a fundamental question. You laid it out just the way we need to understand it.

[00:28:11]So, thank you for that.

[00:28:12]>> Thank you.

[00:28:13]>> Uh Miss Herd, what's your position here?

[00:28:16]It looks like you're uh several months behind on the rent through May.

[00:28:22]>> Um so, I probably didn't go upon the right way of withholding my rent.

[00:28:28]But I informed them that I had termites.

[00:28:32]They had told me they were flying ants.

[00:28:34]I multiple times have brought down the bugs to the office and they sent Rose out maybe one time to take care of that and they are still here.

[00:28:46]They put maybe one or two traps and that was about it. And I came home and there was over probably a hundred on my floor.

[00:28:54]>> You believe they're termites?

[00:28:56]>> They are. Yes.

[00:29:00]>> Well, that's distressing. All right.

[00:29:02]Well, there is a way there is a way to do it.

[00:29:05]>> If you withhold your rent uh and put it into escrow, um I've only seen anybody do it right about once or twice in 25 years. Uh but there is a way where you can withhold your rent if you feel that there are issues. often it has to do with a furnace or water or heat or other things. When did this arise?

[00:29:30]>> Probably the beginning of March, I want to say. Um, I had came home one day from work and went to go into my kitchen and when I flipped the light on, there was termites all over the floor, all over my counter, dishes, everything.

[00:29:50]>> Do you want to move out of there?

[00:29:52]I just would like it taken care of. I don't feel it's sanitary for my eight-month well at the time eightmonth-old to be crawling around with termites on the floor.

[00:30:03]Um, also they >> they were on his feet like his food tray, his blankets, his clothes. They were upstairs in my bathtub in the sink.

[00:30:13]>> It's just like they kept migrating. They kept moving more.

[00:30:16]>> All right. Well, Miss Kuck, what do you know about this? I do know that we had them treated and I was told by our pest control that they were flying ants.

[00:30:29]>> No matter what they are, I don't want them all over my apartment. When was it treated?

[00:30:33]>> Yep. And I know that she came down to the office once and spoke to me. I don't know about more than once. Not to be personal.

[00:30:47]Did she ever tell you she was going to stop paying the rent?

[00:30:50]>> No, sir.

[00:30:56]>> You have this in any other units?

[00:30:59]>> No.

[00:31:07]>> That's a blessing. All right. So, we got to figure out what we're going to do. I wouldn't want to be there with an infant child with uh so there is a way to do this. You pay your rent into escrow and um the courses on to it. Um and it it may be a situation where your rent would not be zero but your would be abated or reduced because of uh this bug infestation.

[00:31:41]Um >> bless you.

[00:31:44]>> So I don't know attorney had do you have any suggestion here?

[00:31:48]>> Yes for I just have a couple questions for my client and possibly for the defendant. So, first and foremost, um what is the method of at Riverside of um making any type of maintenance requests?

[00:31:59]Is it usually is it done through a portal? Is it done by um calling a number? Is it done by coming down to management?

[00:32:04]>> They can call us at the office or they come to the office either way.

[00:32:08]>> Okay. And then and then you indicated that the defendant has only spoken to you about the um infestation one time.

[00:32:16]Is that correct?

[00:32:17]>> Correct.

[00:32:18]>> And is that usually noted on something?

[00:32:20]Yes, we have a log.

[00:32:22]>> Okay. And then so you don't have any other um you don't have any other logs um or any other um maintenance requests regarding those flying ants, whatever they may be?

[00:32:31]>> No.

[00:32:31]>> Okay. And then when was the last time they were that it was treated?

[00:32:34]>> I would have to grab the log.

[00:32:36]>> Okay. So, if you could just grab the log, find out when it was treated, but also how soon can we get someone out there to treat it again or to inspect and assess and treat it as necessary because I think that that is something that we need to to do. And in the meantime, your honor, I I would ask for an for um an ask for order and I can I can sub submit one to the court if need be um for the time being, but I would probably request an adjournment on this one obviously and then within between now and the next adjournment date, we would have to get somebody out there to treat it. And then I would ask also um Missurd that just going forward it's you know uh the landlord does not you know they they they don't have ESP. they they they wouldn't know otherwise unless you let them know that the problem still persists. There's a landlord tenant relationship, a fiduciary relationship that exists. So I would encourage both parties to communicate effectively with each other otherwise an issue cannot be resolved such as this. So just going forward for future reference um communication is key um because outside of court there is still a fiduciary relationship period that needs to be maintained. So, let's get somebody out there to How soon can we get somebody out there to inspect and to treat?

[00:33:47]>> Well, let's first figure out when was the complaint made and when was the property treated. Can you check your log, Miss Tomb?

[00:33:55]>> Be right back.

[00:33:56]>> Thank you.

[00:34:02]Because I I do see here that the rent was paid through February 2026. March is when rent stopped being paid. And then I did hear the defendant indicate that she discovered the infestation around March.

[00:34:16]So that would that would check out.

[00:34:19]>> Um I also have so before Amanda had left here when I had told her about she told me to put the bugs in a baggie and give them to maintenance where maintenance could take them down there.

[00:34:32]>> I' I've never really heard of that before. So I don't I don't know. I can't really speak as to >> Okay. So that's what I did. I just put them in a bag and gave them to maintenance. Oh, >> all right. When dust You put dust in a baggie, you put bugs in a baggie.

[00:34:46]>> The bugs.

[00:34:48]>> All right. That dust in a baggie is something different. All right. Uh, when was that?

[00:34:57]>> I I want to say in March sometime.

[00:35:05]>> Okay. So, around the same time. Okay.

[00:35:07]>> Yeah. I don't have a 100% date on that.

[00:35:10]All right. Uh, Miss Combach, what can you tell us?

[00:35:15]>> Okay. So, I see that she reported the and we wrote it down as ants possible termites on March 6th is when we put her into the book.

[00:35:29]And our extermination company comes out.

[00:35:31]I got to look at my calendar.

[00:35:34]the first Friday of each month.

[00:35:39]So, she would have reported them the day that pest control should have come out.

[00:35:44]>> And do we have a indicate do we have a log that pest control actually did come out and treat?

[00:35:49]>> Yes.

[00:35:49]>> Is there an invoice? Okay. And when did they So, when did they come out and treat?

[00:35:53]>> She initialed it on 36 as well.

[00:35:56]>> Okay. So, they came out and treated the same day that she discovered the issue.

[00:36:00]>> Yes.

[00:36:00]>> Okay. Is that does that sound correct, Miss um Missurd?

[00:36:04]>> No, >> I don't recall them being >> Well, did they come out in March and do a treatment?

[00:36:13]>> I had called the after hours because that's what I was told to do is get a hold of after hours to report the issue, but they told me there was nothing they could do about it.

[00:36:22]So, they said wait till office opens back up.

[00:36:26]>> Did they did they come out in March and do a treatment?

[00:36:30]I believe one. And I don't think it was the same day I reported it.

[00:36:34]>> Okay. Did you ever report it again?

[00:36:38]>> Uh, that was the time I put the ones in the bag for Amanda.

[00:36:42]>> And maintenance actually came to my door and grabbed them.

[00:36:46]>> All right. You put some bugs in a baggie and gave it to them after the treatment.

[00:36:51]>> Yes.

[00:36:53]>> When was that?

[00:36:55]Um I your honor if I if I may if I may just ask who who's Amanda?

[00:37:02]>> She was the last lady at the front office. She had just recently stepped out.

[00:37:07]>> Okay. So I guess now we just need to have somebody come out and treat the issue. When when is as soon as we can get someone out to treat it is >> I'll call today and find out. Um usually it's within a few days.

[00:37:21]I have to call Rose and find out when they can come.

[00:37:23]>> Okay. All right, I'm going to do an escrow order, which is what you do uh when you don't want to pay your rent.

[00:37:33]You pay it to the court. So, I'm going to do an escro order. Is rent still 411 per month?

[00:37:41]>> To my knowledge, yes.

[00:37:43]>> Why is it so dark?

[00:37:47]And turn the light on.

[00:37:49]>> Um All right. Escort order. You have to pay May's rent of 411 and 411 for a month as we go on.

[00:38:05]>> We go into June.

[00:38:08]There are a lot of facts we don't know.

[00:38:11]Nobody's under oath here this morning.

[00:38:13]We actually need to take some testimony on this. I have bed bugs, ants.

[00:38:19]Uh bed bugs are the worst. cockroaches.

[00:38:22]I have bug hearings several times a year and we try to figure out did the tenant bring the bugs to the apartment or did the apartment bring the bugs to the tenant? Uh you didn't bring in flying ants. They're endemic and it's something they want to get a handle on. Did you take any photographs of this?

[00:38:43]>> Yes, your honor. I had photos and videos and also there is a rotted wood part out in my sighting on my wall. Um that is I believe also from them as well.

[00:39:00]>> All right. The question then becomes how much should rent be and how much do you actually owe? I don't know. We're talking about March, April, and May's rent. March and April are passed. I'm going to order that you pay May's rent to the court at 411. And if we get into June, you're also going to pay June's rent.

[00:39:21]>> Okay?

[00:39:22]>> And when I make a determination about how much rent is due, we can apply that money to the rent.

[00:39:28]>> If you don't pay the escro account, I'm going to give them the relief they asked for. I'm going to tell you to pay a certain amount of money or move.

[00:39:37]>> Okay.

[00:39:37]>> I think it's going to take us a little while to do this. Uh I think there's more to this than just coming out looking at it. It sounds like maybe What was Amanda's last name?

[00:39:52]>> Wolf.

[00:39:56]>> W F E.

[00:39:59]>> All right. She's gone. Miss Kach has managed some other properties here in St. Joe County for a number of years.

[00:40:06]Um, all right. Let's figure out where we're going to put this. As council indicated, we've got a holiday on the 25th. We do our landlord tenants on Mondays and Fridays.

[00:40:29]Two weeks takes us to the 29th.

[00:40:35]We'll still be in the month of May.

[00:40:41]I'm going to set this for 11:15.

[00:40:45]on Friday, May 29th, >> your honor.

[00:40:50]>> Yes.

[00:40:51]>> I will be on vacation out of state.

[00:40:55]>> Well, when will you be back?

[00:40:58]>> Um, I leave the 20 Well, I'll be gone the week of Memorial Day. I'll be back on the first Well, we could reset it for June 1st.

[00:41:23]Let's see what we got there.

[00:41:29]It's not too full, but we set it for 230 on June 1st. That will mean Miss uh her jewel May's rent and June's rent 230 6126.

[00:41:50]I would be interested in seeing your photographs and your videos.

[00:41:56]Um once you start paying the rent again, if you pay May's rent and June's rent into escrow, there's no absolute urgency here. But a fear is this. Out of 200 apartments there, yours is the only one that has this problem.

[00:42:18]>> I was talking to my neighbor. Um she said that she saw a few every now and then. She doesn't see him often.

[00:42:27]But I also was informed that they have black mold requirements. So I was trying to figure out maybe who I could go through to get a black mold test here as well >> cuz both my kids are sick.

[00:42:37]>> It's It's going to take us a while. You also believe you have black mold.

[00:42:42]>> There is black mold next door in my neighbors on their ceiling. So I just don't want it to transfer to the vents and then somehow work its way over here.

[00:42:51]>> I don't blame you for that.

[00:42:53]>> All right. Yeah. Well, so yes, so there's a difference between mold and mildew. So then obviously that's for a professional to just to determine. So um >> yeah, >> we're not there yet. I don't >> Anyway, you're going to pay me April's May's rent and June's rent by the time we have the next hearing. He rents 411 per month. You'll get an escrow order.

[00:43:19]Planiff will prepare it.

[00:43:25]uh 411 per month starting at May. We'll have a hearing in June and we'll see what's been done with the treatment of the bugs. Then we got to figure out how we recalculate your rent because of the bugs.

[00:43:42]Uh so it may take us a while. Now remember, if you don't pay the escrow money, they'll get what they asked for.

[00:43:52]So, uh, we'll address it further >> and I'm more willing to pay for the rent. I just would like the issue taken care of so my son and daughter aren't living in the bugs. Like, that's not It's very hard with a crawler and a like a walker with termites on the floor and everything.

[00:44:20]All right, we'll go to June 1st. See where we are. Miss Sadage will send me a >> and all. Thank you.

[00:44:30]>> All right, Miss Herd. Thank you. This is a little more complicated than sometimes, but we'll address it again on June 1st at 2:30.

[00:44:38]>> All righty.

[00:44:39]>> Thank you, Do >> No, they'll be in here. Just have them wait for now. Uh, I have a live customer and I have a couple paper clips.

[00:44:54]I don't know what Judge P has got on this desk.

[00:44:58]>> Am I okay to leave?

[00:45:00]>> You're good to go, mister.

[00:45:01]>> All right. Thank you.

[00:45:03]>> All right. Let's talk to Natlage Zerret.

[00:45:06]That's our next case. Miss Xerox, good morning.

[00:45:09]>> Good morning.

[00:45:12]Good morning, your honor.

[00:45:13]>> Good morning, your honor.

[00:45:15]All right. Well, we have a 9:30 case that isn't here. That would be Kelly Tucker and we'll come back to that and deal with the people that are here.

[00:45:26]We're quite a ways behind schedule.

[00:45:30]Um, we got a little bit of a late start and then we had a complicated case.

[00:45:34]>> Your honor, I believe that one at 9:30 is a dismissal because my my office indicates that they did dismiss one.

[00:45:41]>> All right. I saw a couple come through, but I'll show that as dismissed. Wait for the order. It's probably in the works. Very good. Then Miss Zerret.

[00:45:52]>> Morning. Can you hear me?

[00:45:54]>> Yes, I can. This is Riverside Town where the Natal Zerrets and Xan Zerrets both are present. Uh Raina Hadad is here on behalf of the complex and the manager Lori Combach is here.

[00:46:13]Miss Natlage Zerret, you've been through this a couple of times. At this point, they just want you to move.

[00:46:21]They filed what's called a termination of tenency.

[00:46:28]>> Yes, I'm aware of that.

[00:46:30]>> All right. I'm going to tell you what your rights are. I'm bringing some more people in here.

[00:46:39]>> Someone is here by telephone only. Who is that?

[00:46:44]>> Me. Ashley.

[00:46:47]>> Ashley. What's your last name?

[00:46:53]>> That's That's my f your 1050. All right.

[00:47:03]All right, Miss Whiteitman and Mr. Zerretz and Miss Zerret, you're tenants in a landlord tenant proceeding. You have certain rights. You have the right to hire a lawyer. If you can't afford an attorney, you could see if legal aid would be willing to represent you or you could seek other legal counsel. We don't have courtappointed attorneys in civil cases.

[00:47:30]Okay.

[00:47:32]>> Uh let me make a note here.

[00:47:46]In this case, they've asked to terminate the teny. In Miss Whiteitman's case, it's a demand for rent.

[00:47:54]Uh, in either case, you have a right, as I said, to have a lawyer. You have to hire one or see if legal aid will be willing to represent you. You have a right to have the case heard here in St. Joseph County where the property is located.

[00:48:09]You have a right to uh seek emergency financial assistance if you're unable to pay the rent. You may be able to get assistance from the Department of Health and Human Services, Community Action Agency, Neighborhoods, Inc., or other funding source.

[00:48:34]You may be able to reach a resolution with the landlord by going through mediation.

[00:48:39]If both parties are interested, the court can set that up. Or you may be able to reach a conditional order of dismissal. Uh Mr. Bradshaw does quite a bit of those.

[00:48:49]Uh, also if you wish to have a jury trial, heaven forbid, you must tell the court at this first appearance and be prepared to pay the $50 jury demand fee or make the written demand within five days using the jury demand form and pay the $50 fee unless the judge waved it for your inability to pay it. So, Miss Zeris, we've had several previous cases with this landlord involving your teny. At this point, they're asking to terminate your teny because you continually failed to put the utilities in your own name. And so, they're asking you to move. But what's your position?

[00:49:34]Um, my position on that is that for the past year and a half, we all the tenants here have received multiple letters on our doors.

[00:49:46]Um, at least four to five a month.

[00:49:49]They've kind of slowed down for the past 3 months. I did let Lori know that there were a few times where I just did not get a chance to look at something on the door. my kids come in and out of the door and collect the letters. Um the the bill was still paid even through adding it to my rent. Um, and that when I finally became fully aware, I did make contact with her at the 10day mark that the paper the original paperwork sent to me said I had a chance to like work something out and that did not happen.

[00:50:32]Um, I just I kind of want to stress like I do want to move. Um, I did hear the previous uh tenants testimony. We have had termites here. We have had on ongoing issues with the units out here.

[00:50:49]I've noticed that First Housing has prioritized vacant apartments over people that have lived here a while. Another aspect of the paperwork I got did mention late payment of rent. Um, I'll I'll I'll go ahead and acknowledge that. That's due to the fact that my income changes monthly because it's mostly based on child support.

[00:51:15]From previous cases that we've had, there have been issues with communicating with the office and asking them how I should handle that if if my pay if my income it changes monthly. And I was told by Kathy Culie that the office at first housing would be looking towards the person who has to pay it. They would be expecting them to pay in a rears and that there was no necessity for me to reertify or do whatever would be necessary to change that. Um, I did get the gas put back in my name, but and I asked Simco to email them. Simco did not. Simco has a record of not really responding. There's been several times where Lord asked me to >> let me let me stop you for a minute.

[00:52:13]>> Yeah.

[00:52:14]>> They gave you a notice to quit in February. It's now late March. So, you've known for several months that they wanted you to move. Have you and you told me you want to move? Have you made any provision to start to move?

[00:52:28]>> Yes, I have. I'm talking to my sister.

[00:52:30]There's a chance that I could move to Atlanta, but I really wanted all of this stuff to go on record. Um, that there there's a lot of things going wrong here at Riverside. We do have termites. I've reported things over the years um and gotten no response. Uh thing things haven't been fixed.

[00:52:52]>> Let me stop you >> because if you want to complain about a bunch of other things, I'm going to give you an escrow order just like the last lady. and uh even though it's a termination of tenency, they claim that on multiple occasions over the years you failed to put the utilities in your name and finally they got tired of it and they filed this notice to quit in February. So February is passed. They gave you until March. You didn't move in March. You didn't move in April and you didn't move in May.

[00:53:21]>> So the law says I have to adjourn this matter at least seven days which will be next Friday.

[00:53:29]Um, and if they get what they ask for, you would get 10 days from that day to vacate.

[00:53:36]Um, you may, you've had legal aid represent you in the past.

[00:53:40]>> I was they here today.

[00:53:44]I haven't seen Meg for several weeks.

[00:53:46]I'm not sure what's happened with them, but today is the 15th. I'm going to adjourn this to the 22nd of May at 11:15.

[00:54:04]>> Does that work for you? Oh, I've got a Riverside. That's Riverside Estates.

[00:54:09]That's a different thing, I believe.

[00:54:13]Yes. Um, does that work for you and your office, Miss Ad?

[00:54:20]>> Yes, your honor. Uh, that that should work. But your honor, I do I just wanted to um make a note for the record. So, the the notice to quit indicates that the defendants have been late on rent payments on several several occasions.

[00:54:32]And there's various um there's dates as to where they um they indicate that they receive notices as to the non-payment of rent in addition to not failing to maintain the utilities in their name. So it is for these violations including non-payment of rent on multiple occasions on three or more occasions and then also not failing to put the utilities in their name which the defendant made statements on the record just now that they did um that they she acknowledges the non-payment of rent issues and the utilities as well. So this is just a termination of tendency for for these lease violations.

[00:55:06]>> I think this may be the third Riverside versus Zerret case.

[00:55:13]um they've we've managed to resolve the others, but uh at this point I think they're they've reached a point where they they're tired of both of these things.

[00:55:34]Well, wow. There have been six of them.

[00:55:39]1 91590 242391 2551885 26 one two 3 1 This is the fourth action. The others were non-payment of rent. Uh this is a termination of tenency.

[00:56:04]>> Correct.

[00:56:06]>> All right. We'll revisit this May 22nd.

[00:56:10]The allegation is there. It says you're continually late payment on your rent and you have not paid your utilities or put utilities in your name and they're asking you to move. I would encourage you to contact legally.

[00:56:23]Uh if you plan to move, uh that could resolve it, but it's a situation of maybe sooner than later. if they get what they asked for, you'd have to move by June 1st or be subject to being evicted. And Le has represented you in the past. I'd encourage you to contact them, but we'll address this again next Friday morning.

[00:56:48]I'll be in my own courtroom at 11:15.

[00:56:53]>> All right. Thank you, >> Miss Zer. Do you have any other questions? Um, no I don't. But I do want to acknowledge that the utilities were paid, just not under my name. They were added on to the rent payments. And even though the rent payments were late some of the months, they still got paid.

[00:57:15]>> All right. We'll discuss that further next.

[00:57:22]>> Thank you, honor. I believe I believe that concludes my cases for today.

[00:57:26]>> Yes, it does. Thank you. Thank you, judge. Have a great weekend.

[00:57:29]>> All right.

[00:57:30]>> Thank you, your honor.

[00:57:31]>> Thank you.

[00:57:34]>> All right. Uh Mr. Bradshaw is back and Ashley Whiteitman is here. Let me remove this and let me remove this combo box. She's gone. Miss Whiteitman, can you hear me?

[00:57:49]>> Yes, sir.

[00:57:51]>> This is file number 2677 LT. LT stands for landlord tenant.

[00:58:05]Uh this is entitled Walnut Meadows versus Ashley Whiteitman. They're demanding that you either pay the rent or move and I show rent at 725 per month. Mr. Bradshaw, what's the status here?

[00:58:22]>> Yes, sir. So the current amount due through the month of May is $1,555.30.

[00:58:28]In rent, there's $239874 cost. So the total due through May is $1,795.17.

[00:58:41]>> Miss Whiteman, what's your position? Do you plan to pay the rent or do you wish to move? Um, I actually reached out to Michigan Health Department of Human Services. They sent me a letter in the mail. I have to send them the time, like the date that you want this paid by and they will help me pay it. I've already done this. I've started like the be end of April to try to get help. They sent me a letter back stating they need the exact amount that needs to be paid and like by what date it needs to be paid by. I think it will help me.

[00:59:19]>> Very good. Let's uh it's interesting because I tell people in the in the advice of rights, you do not need a judgment against you to receive assistance. Problem is the DHS tells people you need a judgment against you to receive assistance. One judge in Michigan show cause them and brought him in to uh say stop doing that. Uh Mr. Bradshaw seems like I have journed one of yours two weeks to the 29th already.

[00:59:52]>> Yes. And so, and if I can give Miss Whiteitman my phone number, I can get her a conditional dismissal, ma'am, which would give you all the numbers and when it needs to be paid by. This is the amount through May. So, what I would probably state is that it needs to be paid by the end of the month. Um, if you give and so if you give me a call, I'm going to give you my number. Give me a call. I'll get your information and get that agreement to you so you can get that to >> Okay.

[01:00:22]Tell me when you're ready.

[01:00:24]>> Um, let me go find a pen real quick.

[01:00:28]>> Okay.

[01:00:29]>> Sure. If I have one, >> I'm going to set this. Go ahead.

[01:00:38]>> You're going to set it for about the same time, your honor. On that day, >> I'm going to set it for 9:42 on May 29th.

[01:00:51]No. Expect conditional order of dismissal.

[01:00:55]>> Yeah. And so, Mary.

[01:01:05]>> All right. Miss Whiteman, do you have a pen?

[01:01:08]>> Um, I'm looking.

[01:01:12]>> Can you put us in a breakout room you're on? And I'll get her.

[01:01:15]>> Yeah, I'll do that.

[01:01:16]>> Okay, cool. I'm gonna Well, she's on the telephone.

[01:01:19]>> Oh, that's right. That's right. Sorry.

[01:01:21]>> Uh I think she maybe she'll go in automatically. Let's try it.

[01:01:28]>> Okay.

[01:01:28]>> Okay. Here we go.

[01:01:32]>> Yes, ma'am.

[01:01:33]>> Okay. My area code 269.

[01:01:36]>> Yes, ma'am.

[01:01:37]>> 569.

[01:01:40]>> Yes, ma'am.

[01:01:41]>> 7590. One more time. 2-69.

[01:01:45]5697590.

[01:01:48]Give me a call. I'll get your information and we'll get you something to give to the state.

[01:01:53]>> Okay. Thank you.

[01:01:54]>> They're just waiting on that.

[01:01:57]>> All right. Let's recap. I've continued this matter for two weeks to May 29th, 2026 at 9:42 a.m. That's a weird time, but I have to separate the cases by a minute or two or they won't be able to put them in the system.

[01:02:14]um he's going to discuss this with you over the phone and potentially prepare what's called a conditional order of dismissal.

[01:02:24]You're already appear to be approved for financial assistance. Um if that all works out, they'll dismiss the case and um you won't have to be here. If it does not work out, you need to be here. And I do not like doing this by telephone. You either need to be here in person or uh be able to zoom in. But you call Mr. Bradshaw and discuss this and uh >> Well, I am technically at work right now sitting in my car, so that's why I have to call you.

[01:03:01]>> All right. But if you were adept at it, you could do a Zoom from your phone. Uh, but it's certainly a convenience for people to not have to drive over to the courthouse. I appreciate that. But the tradeoff is I'd at least be able to like to do it by Zoom. All right. Well, you get back to work. You call Mr. Bradshaw here this morning. In fact, I'd encourage you to call him right now while you're there.

[01:03:24]>> And uh I'll adjourn this for two weeks to the 29th of May at 9:42 a.m.

[01:03:32]>> Okay. Thank you, honor.

[01:03:39]>> All right. Uh, now this is the part where we switch gears to our general civil matters. Uh, Mr. Banks, can you hear me?

[01:03:47]>> Yes, sir.

[01:03:49]>> All right. First thing I want to do is ask you to take your hat off.

[01:03:57]You have two cases uh that are set for hearing this morning, both from LVNV funding. The esteemed Mr. Preston Nate is here on behalf of the plaintiff. There are two cases. File 252177 GC is a case where LVNV funding is seeking $1,328.38 from you and they filed what's known as a conditional order of dismissal in file 256-5.

[01:04:41]Uh they have also filed an action against you and they're seeking damages of 4,18570 plus court costs and they filed what's known as a motion for summary disposition in each case.

[01:05:04]Now, summary disposition is a foreign concept to lay people.

[01:05:11]It is a motion that says there is no material issue of fact and the defendant hasn't stated any defense. In each case, you got served with the lawsuit and you filed a answer saying, "I acknowledge that I owe the debt and uh accept responsibility. I'd like to work it out."

[01:05:42]Now, you don't have very much money.

[01:05:45]You're on social security. They can't garnish your social security to pay this debt.

[01:05:52]The fact that you don't have any money is not a defense to the fact that you owe money. Now, you owe a lot of money.

[01:05:59]You've got several other cases in the pipeline where people are suing you for money damages.

[01:06:07]Um, there are at least three more cases outstanding that are coming up. One's on May 29th, one's on June 8th, and another one doesn't have a date yet. I don't know how much those debts are, but these two cases are here. Uh, the plaintiff claims that there's no issue of fact and that you owe the amount requested.

[01:06:34]Mr. Nate, do you wish to speak to that at all?

[01:06:39]>> Um, I mean, that was pretty accurate. We are just looking to try to resolve these matters to get them kind of cleaned up and out of the court's uh system. But, um, these are two matters that are are still due owing. Um, I do understand it can be difficult to to set up payment plans if if there's not a lot of funds left available. But, uh, as you mentioned, we can't we can't garnish the social security income. Sometimes it's just a judgment that that says they owe it. But, um, we are asking the court to proceed at this time so we can at least, uh, do that part of it and, uh, enter those two judgments and we can kind of go from there.

[01:07:13]>> Mr. Banks, what's your position?

[01:07:17]Well, I I want to get it resolved, you know, but like you say, I I don't have a lot of money, you know, if if they if I could get a a payment plan that I could afford and I' I'd be willing to do that.

[01:07:35]And uh >> well, the problem is a payment plan that you can afford would take years to pay this off. And you have three more lawsuits coming down the road where people are suing you for additional money. Have you talked to any creditor's rights lawyer or bankruptcy attorney or anything like that?

[01:07:55]>> No, sir.

[01:08:07]I'm going to grant summary disposition in each case.

[01:08:11]There is no material issue of fact and defendant has not stated a defense. Mr. Nate, in 252177, your firm sent me a a summary disposition judgement. The amount is $1,32838 plus $75 cost, $55 filing fee, and a $20 motion fee.

[01:08:37]That's all you included. The amount ordered is 1,4338.

[01:08:46]>> That's fine, your honor. If you have that copy, you can sign that.

[01:08:56]>> In the other case, >> uh, the amount pled for is there wasn't an order in here, so I had the clerk do one so I could do this all at once. Give Mr. banks a copy. The amount pled is 4,1 18570.

[01:09:20]Chord costs are $75 filing fee, a $20 motion fee, 6114 service, and a $75 $5 statuto attorney fee which is 23114.

[01:09:56]>> We'll actually forgo the the attorney fee honor. So just the filing just the service fee um filing fee and the motion fee is fine. So 15614 I believe is all the cost request.

[01:10:23]4,000 34184.

[01:10:29]>> That's what I had to.

[01:10:34]>> All right, Mr. Banks, I've just issued two orders.

[01:10:39]One that says you owe $1,43.

[01:10:45]The other one says that you owe $4,416.84.

[01:10:52]So, if we add that up, that's about $5800.

[01:10:57]Uh, and you've got three more lawsuits pending. You owe a lot more debt than you have the ability to pay.

[01:11:06]As we said, they don't have the ability to garnish this income. They can't take your social security income.

[01:11:15]If you don't have any money, you don't have any money.

[01:11:21]But uh this will show as a judgment if your circumstances change.

[01:11:36]You sell a house, you win the lottery, your grandma leaves you $10 million.

[01:11:43]your circumstances change at your ability to pay, they can collect. You may also consider talking to an attorney that specializes in these kinds of issues because you have these two and three more in the works and uh probably not the ability to pay it.

[01:12:09]So, uh, I would encourage you to get that. And if you go out to the counter, um, they'll give you copies of these two orders that you owe this money. And, uh, owing it and having the ability to pay it may be two different things. So, the case, as Mr. Nate said, "We got it cleared off and off the court docket." Whether you can ever pay on this is yet to be determined, but you go out to the court office and um they'll give you copies of the orders in each of these cases.

[01:12:51]Michelle or Elaine or somebody, if anybody can hear me, will you please come get these so Mr. Banks can get a copy. Mr. Banks, you go out to the court office. I think that door is locked. And I'll give you a copy of each of those orders.

[01:13:07]All right, sir. You're good to go.

[01:13:09]>> Okay. Thank you, >> Mr. Nate. Thank you. I'll see you again.

[01:13:15]>> You bet. Thank you. It's good to see you.

[01:13:22]>> All right. All right. I have a 10:30, 10:45, 11, 1110.

[01:13:32]Then I have a felony. 11:15.

[01:13:42]I don't think anybody's coming. I'm going to stop this. I'm going to leave the live feed on. I'm going to take this file out.

[01:13:50]I'll be back in like a minute or two.

[01:17:22]They put one in the wait in the break in the conference room I think.

[01:17:40]Very good. Can you see me?

[01:17:42]>> I can see you. Can you see me?

[01:17:45]>> Yes, I can. Let me give you a correct name.

[01:17:51]Uh, we're using this very small room and so we're using the conference room.

[01:17:57]Let me change your name.

[01:18:03]>> Can you pronounce it?

[01:18:06]>> Yes.

[01:18:10]>> Shauna Zurly.

[01:18:11]>> Yeah.

[01:18:13]>> All right. Well, you stay right there.

[01:18:14]I'll put you in the waiting room.

[01:18:17]Real fast. I can tell you that.

[01:18:18]>> All right. I think we're ready to start.

[01:18:31]I feel like I'm in prison already.

[01:18:34]>> Yeah, it's not a very nice room. They're doing a lot of the least worst option.

[01:18:42]>> Well, I left the door open because it is steaming hot in here. I think it's this light.

[01:18:47]>> All right, we'll make it work.

[01:18:53]Unless we get >> Good morning, Mr. Captain. Are you here on the Centerville versus Zerly matter?

[01:18:59]>> Good morning, your honor. Yes, I am.

[01:19:02]>> Good morning.

[01:19:05]>> Morning.

[01:19:07]>> The defendant is here at the courthouse.

[01:19:10]I'm in the small conference room. I put the defendant in uh the conference room outside the court in case we need to do a breakout room. This, let me repeat, is filed 26700LT.

[01:19:24]Centerville Home Park versus Shauna Zur.

[01:19:29]We were here on May 1st and we continued the matter until today. Parties were put in the breakout room at that time.

[01:19:38]Um, and in the meantime, the defendant filed a demand for a jury trial, which is >> all right. and she in the hallway she asked me if I wanted the keys. So, Miss Zirly, what's the status here?

[01:19:56]>> So, we have a move agreed upon um were given to me by someone who probably shouldn't have given them to me. Um it's a stranger. This is the things I've been going through with my phone.

[01:20:12]My purse was stolen.

[01:20:15]I haven't gotten disability for the last two months and it's been pretty difficult, but I'm okay. I'm going to sell it and I'm going to move on.

[01:20:26]>> Your honor, if I may.

[01:20:27]>> Yes.

[01:20:29]>> All right. So, um, we did uh speak another colleague of mine here at the firm. Um, I believe yesterday there was an agreement for a consent order for conditional dismissal.

[01:20:42]Uh, if I can state the terms.

[01:20:45]>> Yes.

[01:20:46]>> All right. So, the defendant uh shall vacate on or before May 26, 2026.

[01:20:54]If the defendant vacates timely and signs over title to her home free of leans upon vacating, plaintiff agrees to wave all unpaid charges on the account and pay defendant $8,500 in exchange for assigned title and possession of the home. Failure to comply shall cause a writt issue without further hearing. That's it.

[01:21:19]>> All right. So, you're going to move by the 26th of May. You're going to sign the trailer over to them. They're going to pay $8,500.

[01:21:27]That will resolve any unpaid rent or other costs.

[01:21:31]Um, if you don't vacate, they can ask for immediate rent after the 26th of May. Um, and you've shown me the key.

[01:21:41]So, you're prepared to sign the trailer over for $8,500 and move on?

[01:21:48]>> Yes. And I have a question. I'm trying to get um help from financial aid. So since this isn't going to go as a eviction on my record as stated, I need something in writing that says that, you know, this is because of an eviction um either from you or the lawyer. Um I'm trying to get into another mobile home and they're agreeing to pay lot rent if I can pay the house rent or house payment. Well, this will show as a conditional order of dismissal. So, it will not show as an eviction. Mr. Capitane or somebody else is going to send me that order and I'm going to sign it. So, do you agree that to the terms and conditions of that conditional order?

[01:22:30]>> Yes. I was just hoping that something could be put in writing that I was being >> I think this is what you're looking for.

[01:22:36]I think this order will show it's dismissed and it's in writing to show the case was dismissed.

[01:22:42]>> Okay. Um, all right. Mr. Capitane, would you send me that uh via email? I wish I had it now. I could give a copy of it to her. She's right here at the courthouse.

[01:22:53]>> Oh, wonderful.

[01:22:54]>> Yes. I had a problem getting to those and signing those as I had discussed. I was h I'm having problems with my phone.

[01:23:00]I can only call and make texts. I wasn't able to download those forms and sign them.

[01:23:04]>> Well, you came over here as I asked you to do. And so I'm if I was in the big courtroom, I'd have you right in the room with me, but I'm in this little teeny tiny room. All right. The email address, it's on the notice. It's 3B civil staffmi.gov.

[01:23:32]>> Your honor, may I have uh one minute?

[01:23:36]>> Yes.

[01:23:42]All right. Apparently, he's going to email it to me right now.

[01:23:48]>> That would be good if I could sign it today and just >> All right, Elaine, there is a conditional order of dismissal coming by email if you would look for that. The case we're addressing is Centerville Mobile Home Park versus Shauna Zurly.

[01:24:03]The file number is 26700.

[01:24:05]I just realized the record wasn't turned on through all of this. The parties have reached a conditional order of dismissal agreement. The defendant agrees to vacate by May 26, 2026.

[01:24:18]Sign over the trailer to the park.

[01:24:22]Pay $8,500.

[01:24:25]The park will pay her $8,500 for the trailer. This will satisfy all unpaid obligations or debts. and the defendant will vacate by the 26th. If she does not vacate by the 26th, she could be subject to an immediate request for eviction. Uh I will provide her hopefully here within a minute with that that conditional order of dismissal and um then that's I think the written document that you're looking for. So once again, Miss you agree with those terms and conditions?

[01:25:01]>> Thank you. Um I have a question. Uh Christy and I were discussing, she never got back to me. I asked if there was any way I could take the washer and dryer because my unit didn't come with it and the unit that I'm looking at now needs a washer and dryer. And if she doesn't mind, I >> don't know the answer. If they're agreeable to that, I'm not going to make a ruling on it because I don't have enough information. Now, I'm a bit of a disadvantage. My secretary is not here this morning. the ladies in outer office can't always hear me, but uh the landlord tenant clerk was going to be watching this, I think on YouTube to stay in touch. So, I'm asking her to bring me that conditional or dismissal so I can give a copy to you, Miss Early, right here while you're right at the courthouse. Now, as far as the keys go, you I don't want them, but you can turn them into Yeshua at the park. Uh, but you got till the 26th. So, don't turn them in yet uh till you're ready to vacate. And regarding the washer and dryer, you can take that up with them. Uh, if it didn't have one when you moved in, maybe they'll just let it go.

[01:26:16]>> I didn't know if that was something that was in there in writing anywhere either, so I just thought I >> I don't know the answer to that. I would inquire when you get back there. Mr. Captain, you have any input on that?

[01:26:28]>> No, I do not, your honor. Uh, however, I did uh email the uh proposed consent order.

[01:26:35]So, >> thank you. It's in the works. Sorry, there's Mr. Senzo. She's right on time.

[01:26:42]The problem is we started early.

[01:26:50]>> Good morning, Menzel.

[01:26:53]>> Good morning, your honor. We started a little early and we put on the record that the defendant agrees to move by May 26th and uh if she provides an unencumbered title to the plaintiff, they will pay her $8,500 for the trailer and it will satisfy all other obligations. So, Mr. Capitane has emailed me that consent judgment and uh I'll sign it here in a minute. Miss Zurley did bring up an issue regarding the washer and dryer. Her contention is when she moved into the unit, there was no washer and dryer and she'd like to take the washer and dryer. I'm going to leave that to you guys. It's not part of this agreement, but uh uh if that's something the pliff agrees to, they can do that.

[01:27:45]All right, Mr. Capitane, thank you for being here. Miss Early, you guys have been working on this outside my presence and you've resolved it and we don't have to worry about setting a jury trial and uh you're all good to go.

[01:27:59]Um I don't know it'd be worth putting you guys in a breakout room to discuss the washer and dryer. Mr. Denzo, do you have a thought on that?

[01:28:10]>> She can have it. We understand.

[01:28:13]>> Well, you can you can have a washer and dryer. There you go. Most that don't have them anyway.

[01:28:19]>> All right, you're all good to go. Thank you.

[01:28:24]>> Thank you, your honor.

[01:28:25]>> All right. Thank you.

[01:28:27]>> Thank you, >> M Miss Zerley. If you go to the court office, we'll give you a copy of that order.

[01:28:35]>> All right. Have a great weekend.

[01:28:38]>> We're working on it. Thanks.

[01:28:40]>> Thank you.

[01:28:44]>> All right. I don't know if anybody can hear me.

[01:28:49]Uh, I'm waiting for that conditional order dismissal that was emailed to our civil department.

[01:28:58]We are running on a time crunch here.

[01:29:04]I have uh four matters left and uh I have a criminal case at 2:30.

[01:29:19]Miss Beals, can you hear me?

[01:29:27]>> Yes, sir.

[01:29:30]>> All right. Thank you. When we were here last time, you indicated that you plan to move out. Is that still your position?

[01:29:38]>> Yes, sir.

[01:29:40]>> All right. Soon as the plaintiff shows up, we'll make a record on that. So, I'll put you in the waiting room for just a minute.

[01:29:53]Here's a lane with that order.

[01:30:16]>> My man, >> thank you. Did you He is emailing you a conditional. Oh, yes. Oh, >> here's everything else.

[01:30:25]>> All right.

[01:30:25]>> Um, you guys can't hear me. Here's Zirly. And, uh, he emailed it while I was there. So, it should be in that civil box.

[01:30:34]>> I did have YouTube, but I was at the pound.

[01:30:37]>> Okay.

[01:30:38]>> Hi.

[01:30:40]>> What? Yes.

[01:30:47]>> Who?

[01:30:50]I sent her an email yesterday.

[01:30:54]>> I thought I did. Uh, >> who about our meeting this afternoon?

[01:31:24]Wow, it's giving me three weeks ago.

[01:31:29]I sent her an email yesterday saying what I wanted there. Um, and I said it, oh, I'm looking for my sent items. Here it is.

[01:31:43]Priscilla, I sent her an email.

[01:31:49]Just a minute. Maybe I never sent it.

[01:31:52]It's a draft. I never mailed it. So, here it goes.

[01:31:58]>> All right. Thanks.

[01:31:59]No.

[01:32:14]All right, here's where we hurry up and wait. Uh, as I indicated, I've got a felony plea at 11:15.

[01:32:20]My hope is that Judge Patterson will be done in there. If not, we may have to do it from here, which is not ideal.

[01:32:42]I did try to hook up another camera in here as I indicated, but I was unable to interface it with this CPU.

[01:32:54]I think maybe the camera's got a different collection and I'm gonna have to do it further. I don't have time to deal with it this morning. We've got this little bitty room and a little camera and uh but we managed to do everything we needed to do this morning. Judge Patterson had 30 people in there. We certainly couldn't do that in this little room.

[01:33:22]And we got to do a little Taylor Swift this morning.

[01:33:27]Dust in a bag.

[01:33:42]Almost case.

[01:35:30]Thank you. Thank you.

[01:35:34]>> Miss, which case are you here on >> neighbors of Washurn, your honor?

[01:35:41]>> Okay.

[01:36:18]about 6 minutes till that's actually set.

[01:38:16]All right, we have an 11 a.m. We have a 10:45 which we're waiting on now. And then we have 1110.

[01:39:05]Judge Padis would probably like to get in his office.

[01:39:09]It's in the door right behind me. And I think he's probably afraid to come through. Maybe he's sat on a bench in the big courtroom.

[01:40:07]So, attorney Reed was here last time and uh We'll see who's here today. I hope she's here with them.

[01:40:34]Here she is.

[01:41:12]Good morning. Welcome back.

[01:41:14]>> Morning.

[01:41:15]>> Uh it's 9 10:44.

[01:41:20]Time for our next case. It's entitled neighborhoods of Washburn Lake LLC versus Brook Beals and Steven Beals. And that is your Kristen Ga is here and Miss Beals is here and Sarah Reed is here from the Palis Law Firm. We were here last week on May 8th and uh the Fennet indicated that she was going to be vacating and her she had some illness in the family. her husband was moving to California and so I asked her when she logged in this morning, do you still plan to vacate? And Miss Beals, what's your plan?

[01:42:00]>> Um, I have recently spoke with Miss Reed and we have came to the conclusion that I'm to be out by the 31st of May.

[01:42:17]All right, that's a bit of an extension.

[01:42:20]Uh, Miss Reed, what's the circumstance here?

[01:42:23]>> Um, your honor. So, um, in in in keeping with the statements you made on the record, um, I spoke with Miss Fields, uh, via email and she requested, um, have May 31st. So I this morning sent over uh a proposed conditional dismissal just basically converting it from a non-payment to terminate so there's no redemption amount and then um just indicating vacate the premises surrender keys and um vacate by May 31st. Um I wasn't quite sure about that date because it's it's a it's a Sunday and I wasn't sure if your honor would want that but that's That's the end of the month. The if we went with the order, it would be uh the 25th, so it's six extra days. Uh Elaine, apparently there is a consent judgment in the queue um in the neighbors of Washurn Lake.

[01:43:27]Do you need your office?

[01:43:36]All right. Very good. I'll be done in a couple of minutes here. Thank you.

[01:43:42]As I said, I don't I acquired earlier from the staff. They couldn't hear me because they were at the counter.

[01:43:48]Anyway, I'm looking for a conditional order of dismissal in neighbors of Washurn Lake versus Beals. It's not as urgent as the last one was because the defendant isn't here. So, Miss Beals, do you agree you're going to vacate this property? Turn in your keys. They're not asking for any payment at this point, and uh if you don't move by the 31st, they could seek a rid of eviction. Do you understand?

[01:44:15]>> Yes, sir.

[01:44:16]>> Now, when you move, you need to turn in your keys and give your forwarding address in writing within 4 days of your moving. That triggers a security deposit law. They can apply your security deposit to any unpaid rent, utilities, or damages. If they wish to sue you for money damages, we're going to have a subsequent hearing. Let's say the place is all broken up or trashed and there's damage they wish to sue for. Uh that's not this hearing. If they do that, it'll be a subsequent hearing. So, you agree to move and you agree to move by the 31st.

[01:44:52]And if you don't move, you're subject to being evicted. When you do move, you need to turn in your keys and give your forwarding address within four days of your moving. Do you know where you're moving to?

[01:45:06]>> Um, so I have a a mailing address that I can give for now. All right. Um, >> as of right this second, >> I don't turn that into the manager with your keys.

[01:45:22]>> Yes, sir. And I also want to make it known, I did um tell the landlord or the manager about it because when we bought this home, we well when we signed the contract to rent to own the home, um we got it for such a cheap amount because it had the previous owners had flooded the house and we were going to fix it up. So what they did is they stole the water softener system and they never shut the water off and the entire house flooded. So all of the subflooring is falling through with us living on it for now. We planned on fixing it up. We've got one room to like >> Well, you won't have to worry about it.

[01:46:14]You just vacate. If there are issues, we'll deal with it later. Sounds like you're lucky to get out of there. All right, thank you. I'll send you that order when I get it. Miss Reed, thank you. Look for that order and uh nobody can hear me, but I'll find it.

[01:46:33]>> Do you want your honor, would you like me to just indicate that Miss Beles has provided her consent on the record?

[01:46:38]>> Yes. Uh Miss Beals, you did agree to that. She shaped her head. Yes.

[01:46:43]>> Yes, I did.

[01:46:45]>> Okay. Thank you.

[01:46:46]>> Thank you. I'll see you next time.

[01:46:49]>> Yep.

[01:46:52]>> All right. That leaves uh Mr. Rognness and Mr. Andrade on our next case. And uh that is >> Oh, we still got 10 minutes.

[01:47:04]>> Yes, Mr. Felt is here. Maybe you could talk to him.

[01:47:08]>> Hey Jay, you here?

[01:47:11]>> Where are you, your honor?

[01:47:15]I'm in the small hearing room in front of Judge Patterson's office.

[01:47:19]>> Okay. I'm on board. Barely.

[01:47:22]>> Yes. Barely. You need to take your hat off and >> Oh, sorry.

[01:47:26]>> Get out of your pajamas and uh we'll address this.

[01:47:30]>> You need to get one of these, Jay.

[01:47:32]>> I'll go find >> put a tie on. You look terrible. I'll let you get cleaned up.

[01:47:37]>> I got 10 minutes, I think.

[01:47:39]>> Yes, you do. Okay.

[01:47:46]So apparently they >> Andy, do you have any of those clipons left? You could maybe >> I I've got a few extras. I could give one to Jim.

[01:47:54]>> Give him one.

[01:47:56]>> Yeah. So apparently they're scheduling landlord tenant cases the same day as the golf outing. Lane just emailed me.

[01:48:05]>> Uh I was not aware of that. Um, but that may >> nine.

[01:48:10]>> Well, the Kazoo attorneys, it won't matter for them. Did we set one of yours?

[01:48:16]>> Two of them.

[01:48:17]>> What day is the golf outing?

[01:48:19]>> The 19th of June. It's a Friday.

[01:48:22]>> Yeah, it got moved around. Um, let's see what we got.

[01:48:27]>> Yeah. Well, it it conflicted with Kazoo County last year >> and then Lori Hines said they couldn't come if it was going to be on the Labor Day weekend. So, between those two issues, we changed it to June.

[01:48:45]>> Well, that's fine with me. I have a sentencing that morning.

[01:48:51]Uh right now, I have a few. Hey, I sent you that one for next week that they had a written agreement, but it's I just incorporated in the conditional dismissal. So, you're probably going to need to uh have both parties confirm on the record.

[01:49:16]>> Yeah, that's what I thought we would do.

[01:49:18]>> That's fine.

[01:49:19]>> All right, Miss Watkins is here.

[01:49:21]>> Sorry, it took me a minute. I don't know why I did. It was different this time trying to sign on, but here I am. Yeah.

[01:49:26]Sorry.

[01:49:27]>> You're a little early and I appreciate that.

[01:49:34]This is file number 26772LT.

[01:49:39]It's entitled The name is Martin Andrade, but it's the Lauren Howard Trust. Mr. Andrade is there with Mr. Ragnus at his office and Erica Watson is here. Is Pedro Pedrosa there also?

[01:49:55]>> He's here.

[01:49:57]>> All right.

[01:50:02]>> I do not have legal with me.

[01:50:05]>> You don't have who?

[01:50:08]>> Legal aid with me yet, but I have spoke with them and was advised to ask for a trial.

[01:50:19]All right. Uh, as often in some of these cases, the they're a little screwy. This lease appears to be >> the original lease for the old Clear Lake uh marina, but there is no lease between Lauren Howard and Erica Watkins that I was able to discern.

[01:50:48]Um and uh they were asking for a rent of $200 per week. Um all right. Um Miss Watson, this is not a great situation. Uh, do you wish to stay here or do you wish to move?

[01:51:22]>> Can I be honest with your honor?

[01:51:25]>> Yeah.

[01:51:26]>> Um, I I I'm going to move unless I could buy it and I was told I couldn't. That was until I spoke to Miss Howard yesterday morning. She finally answered me back my messages. So, >> what did she say?

[01:51:50]>> She asked me why I didn't get a mortgage and that I should get a mortgage. This house has a lot of potential and I asked that and I was told that's not an option, but according to her.

[01:52:02]So, now I need to just find her.

[01:52:07]>> Didn't Miss Howard tell you yesterday she would sell you the house?

[01:52:12]>> She told me. Yeah. She said I should literally just yesterday morning I have a I took a picture of it. Um I didn't make it to Centerville to drop some of this off to you. I'm very sorry. Uh guess is at $5 a gallon and I went out and bought a truck last summer and >> so um I'm not even sure Mr. Andrade or Mr. Mr. Ragnes. Are you aware that Miss Howard has been having conversations with Miss Watkins? completely unaware, your honor. And I think that's probably a violation. If if Ms. Watskins were an attorney, she'd be violating the PR.

[01:52:50]>> I don't know what that means, but I used to work for Miss Howard. I was her bookkeeper. So, I actually know her on a personal level, and I told Martin that.

[01:52:59]I'm sorry if you didn't listen.

[01:53:03]>> All right. Well, >> I asked to buy.

[01:53:07]All right, Andy.

[01:53:10]This is an odd posture.

[01:53:16]That's a diplomatic way.

[01:53:18]>> And not only that, your honor, the village is uh going to cite this thing for all kinds of code violations because Ms. Watkins has not been taking care of the property. And there's an outstanding not true 800. Well, we've got the city or the village sending a letter out dated March 16th regarding the condition of the property. And there's also water bill that's outstanding, $849 as well.

[01:53:51]>> Um, I was at the water bill place yesterday, as a matter of fact, and I talked to Sue, lovely lady, and she informed me that you guys were there and demanded they shut my water off. It's not in anyone's name. We do have a contract to pay the water. Um, my receipt says seven something, but hey, I get it. Things get messed up. But >> just a minute. You said somebody went to the village of White Pigeon and asked to turn your water off.

[01:54:20]>> Yes. They said that that he demanded my water be shut off. And so she then went to the chief of police to say, "What do I do?" And he he came here to have me and I went down there and talked to her.

[01:54:33]She knows me. Explain the situation.

[01:54:36]Okay, I'll go give her some Thursday and we're good. And she told me about this and they she don't know who these people are. She said, "Do you know who they are?" And >> stop stop.

[01:54:51]>> Uh, Mr. Rod and said they're not going to pay this bill. That's all that he said to sue down there.

[01:54:58]>> Uh, well, it was prompted them to call the police. Mr. Andrade, that could very well violate the landlord tenant lockout law and you could cost your principal a lot of money. You can't shut off somebody's water. Um, and uh, so anyway, there's a factual dispute. Anyway, this is a mess and we're going to need to address it further. The day of the golf awning would be a perfect day to do this, but uh No, >> it wouldn't because I've got to work that day and you got to be there, too.

[01:55:32]>> All right. Um >> and your honor, an escrow order as well.

[01:55:39]>> Yes.

[01:55:41]Well, there's no lease. I'm not going to grant an escrow order with no lease.

[01:55:46]>> Well, this is a nonpayment case, and she's >> I know, but I don't know how much the rent is. She acknowledged a week ago it was two or $800 a month.

[01:55:57]>> Well, I also heard $200 a week. This is a typical back of a napkin kind of a deal. Your principal is talking to the tenant behind your back.

[01:56:10]>> The tenant shouldn't be talking to the principal. If she were licensed, that would be a violation of the rules of professional.

[01:56:20]Lauren's a common friend. I'm sorry.

[01:56:24]>> Stop. Stop.

[01:56:27]Uh, so there's all kinds of issues. Uh, she's apparently got the water situation straightened out, but let's look at where we can move this to.

[01:56:50]How about June 5th at 2:00?

[01:56:58]>> Not a good day for me.

[01:57:01]>> Okay, >> let's take a look at that.

[01:57:08]>> I'm gone the 12th. How about June 8th?

[01:57:12]Uh, yeah. I've got two landlord tenants with you at 125 and 1:30. So, yeah, we can pick it up after that.

[01:57:23]>> All right, let's set it for uh 1:22.

[01:57:29]>> What?

[01:57:31]>> We'll just put it in there.

[01:57:35]>> Yes. On Monday the 8th. Uh, you sure you don't mean one?

[01:57:44]I've got stuff set with you at 125 and 130. You want to set it after the 130?

[01:57:51]>> No, I've got something else set. So, I'll set it in there. Oh, 125. I'll set it for 127.

[01:57:59]The twominut difference is just so they could fit it in the calendar. Uh, but Miss Watkins, uh, >> yes, >> and Mr. Rnes, you and your client need to figure out what Miss Howard has got going on behind your back. Um, I I don't want to do an escrow order because there's no lease. This is all screwy.

[01:58:23]Mr. Andrad's authority to act may be being undermined by his principal. Um, she's working out some sort of agreement to purchase it.

[01:58:34]Um, Mr. Andradi doesn't own it, so she can agree to do this if she wishes to, but you're rowing in one direction and she may be rowing in another. Miss Watkins, Mr. Rognus asked me to do an escrow order or are you to pay money to the court and I hold on to it. I would suggest that you set this money aside because at some point, unless the case is dismissed, I'm going to order that you pay the back rent. Last time it was $4,84 that the rent is in a rears. All that is in dispute. Um, >> yes, Jeremy.

[01:59:18]>> All right. We're going to continue this to Monday, June 8th.

[01:59:22]>> Now, okay. I'm sorry. I'm confused. But when do I say I wanted a do a trial?

[01:59:29]The >> discuss I got.

[01:59:32]>> Okay. Sorry. Okay. That's what I need to know.

[01:59:35]>> This is this is ugly. Um I at least want to get everybody on the same page and >> and their defense. Can I say something and like so they know?

[01:59:50]I sent messages to Lauren before they were even involved. I wanted to buy this house.

[01:59:59]When they showed up, I said that and they told me it wasn't an option.

[02:00:04]>> All right. Well, maybe it's not.

[02:00:07]>> So, I wasn't started.

[02:00:09]>> There are all kinds of zoning violations uh >> which I could get fixed if I owned it.

[02:00:17]>> All right. So, it's not just junk in the yard. It's things uh it's like what kind of issues is it?

[02:00:26]>> There is no I don't know what they're talking about because the code guy came and he was talking about stuff in the house which are repairs we've been making. I have a stack of receipts for all this. We every summer um spring, we take a pile of trash from the backyard to the dump from everybody else that has been here.

[02:00:47]>> Well, let's assume there is a bunch of trash in the backyard. And whether it's yours or not, it's there. They're telling the landlord.

[02:00:54]>> No, not anymore. It's not. It's not there anymore. I'm saying in the last four years, that's what we've been doing. Digging in the dirt. Like, I'm talking stuff that they burned and Yeah.

[02:01:04]So, that's how long it's taken us to get where we are.

[02:01:09]>> All right. Uh, we need more >> and I asked >> Yeah, I asked for them to have the zoning people come out.

[02:01:17]>> Okay. We'll address it further on Monday, June 8th. All right. Mr. Ryus, you may wish to bring Miss Howard into this conversation. Perhaps you could reach some conditional order of dismissal.

[02:01:30]All right.

[02:01:33]Okay, thank you.

[02:01:41]Well, what do I got here?

[02:02:47]All right, you're looking good.

[02:02:49]>> Thank you.

[02:02:49]>> Good morning. We got to let the clock tick a couple of minutes here, but I'll go ahead and put the principal issues on the record. This is Miles Smith as a personal representative versus Nyla Sue Palmier Heheart. Mr. Jfeld is here for the plaintiff.

[02:03:15]Uh when we were last here, who's this? This will be the jail. Good morning, Casey.

[02:03:26]I'm still in a I'm still in a little room. So, I'm gonna kick you out and I'm gonna as soon as I finish with Mr. Felt, I'll log in on the other side and uh I'll see you then.

[02:03:40]>> Okay. Thank you, honor.

[02:03:42]>> I'll be there in just a few minutes.

[02:03:49]>> All right. That's my felony case. At any rate, Mr. felt represented that the defendants had vacated and believe the property is vacant.

[02:04:00]I indicated I would continue the matter for one week and if the property appear appeared to be vacant, I would allow the plaintiff to have immediate possession if uh the defendants have vacated.

[02:04:25]Judge.

[02:04:26]>> Yes.

[02:04:28]>> I'm sorry.

[02:04:30]>> You're good. Uh, is this that the situation?

[02:04:35]It appears there's >> your sound is is glitching in and out.

[02:04:49]>> Yeah, I know.

[02:04:53]If uh anyway no property can't find her.

[02:05:22]Hi, I'm checking for a landlord tenant client Nyla Airheart.

[02:05:28]All right, thanks. But they're not checked in.

[02:05:55]Well, you had to get up, get all dressed up. Now you can take all that off uh after this. Anyway, I find that uh the defendant is subject to default. The property was served by attachment. The date for the RIT would be 5 days from today, which would be May 26, excuse me, 10 days. May 25th is a court holiday, so the following day would be Tuesday.

[02:06:21]However, I made a note on the order that the plaintiff may add immediate possession if defendants have vacated.

[02:06:29]So, Mr. Fel, you did send me an order. I will uh sign it. It is the appointed time.

[02:06:37]The defendant has failed to appear and I have a commitment in five minutes in a courtroom. Anything we should add here?

[02:06:47]Is the landlord may the landlord enter the property now or do you want to wait till the rent issues?

[02:06:54]>> No, they may enter the property now if the defendant has vacated.

[02:06:58]>> Okay, thank you.

[02:07:00]All right, we'll end our