| Powder Springs, Georgia - At 12:22 pm on Monday June 12, 2006, Taffy and Andy Rice filed their Application for Supersedeas and Notice of Intent to Seek Appeal, in the office of the Clerk of the Cobb County Superior Court. The case is Civil Action Number 02-1-04560-42, which is public record and available to any citizen.
Pursuant to O.C.G.A. § 5-16-13(a) Judge Adele Grubbs is required to immediately grant supersedeas. Supersedeas is latin for "cease and desist." In English, it means the June 8, 2006 Order cannot be enforced until the Rices' appeal is concluded. (See Taffy Rice's Press Release of June 8, 2006 "Judge Adele Grubbs today is demanding that my husband and I be jailed immediately for refusing to obey her unlawful order - This lawsuit was "cooked" to SLAPP us into submission when we objected to the unlawful sale of our common property). In other words, the Sheriff of Cobb County cannot legally arrest and incarcerate the Rices, based upon that order.
The June 8, 2006 order is undeniably an illegal order, wherein Judge Adele Grubbs ordered the arrest and incarceration of the Rices until they pay over $47,000 to the Sheriff and remove their $25,000 COUNTY APPROVED fence, built to provide a barrier to the attacks against their properties by those involved in the fraudulent litigation filed by Mr. Calhoun of Brock Clay Calhoun (BCC)
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Under Georgia Law, one cannot be placed in jail for failure or refusal to pay a money judgment, in an equity case, such as the one against the Rices. Specifically, London v. London, 149 GA. App. 805 (1979) mandated in a ruling which includes a money and a specific performance judgment, the litigant cannot be held in contempt for the money portion. Thus, the 'Order' of June 8, 2006 is an illegal and void Order, which cannot legally be enforced.
As for the granting of Supersedeas, Case law supporting O.C.G.A. § 5-16-13(a) says Judge Grubbs can't delay, even for a few minutes, concerning an issuance of Supersedeas. The supporting cases are: Cody v. Cody, 221 Ga. 677, 146 S.E.2d (1966), Calvert Enterprises, Inc. v. Griffin-Spalding County Hospital Authority, 197 Ga. App. 727, 399 S.E.2d (1990), and Brinkley v. Flatt, 256 Ga. App. 263, 568 S.E.2d 95 (2002).
In the Calvert case, a judge was overturned and chastised simply for waiting until after lunch to issue Supersedeas, when he received the motion before lunch, a period of only a few hours. Supersedeas is automatic and immediate, and therefore Judge Grubbs has no choice in the matter. However, as has been her tendency in the past, Judge Grubbs has chosen not to follow the law, yet has been repeatedly protected by the Attorney General and other elected officials. Even though there is NO legal authority to delay or deny the grant of Supersedeas, she has failed to order Supersedeas. As of this writing, the Supersedeas Order has been filed for over 36 hours, without any acknowledgment of her sworn duty to uphold 'the rule of law'.
Unquestionably, a judge is bound to follow the law or face permanent removal from office. However, in Georgia, none of the 3 branches of government have, to date, performed their sworn duty by forcing Judge Adele Grubbs or her cohorts, to follow the law, much less attempt to remove her from office. When will the tyranny end?
To inquire into why Judge Grubbs has failed to perform her binding, non-discretionary duty, to issue Supersedeas, any concerned citizen can reach her office at the following phone numbers and email addresses, which are publicly listed:
Click here to email Judge Adele Grubbs' Office
Click here to email Law Clerk, Melissa Cox or call (770) 528-1827
Administrative Assistant, Kimberly Carroll (770) 528-1826
Judge Grubbs' Office Fax Line (770) 528-1830
Clerk of Court Jay Stephenson (770) 528-1373
Chief Judge James Bodiford's Office (770) 528-1822
David Ratley Head of the Administrative Courts (404) 656-5171
Governor Sonny Perdue (404) 656-1776
Attorney General Thurbert Baker (404) 656-3300
Maybe good citizens, who DEMAND the 'rule of law' be upheld, can make Judge Grubbs do the right thing! You be the judge, when does lawlessness end? If you are ready for a change, we stand firm, that Georgian and American property rights must be restored.
"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."
Ephesians 6:12 |
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