Collette v Obama Case Dead

The case filed by the gadfly paralegal and author of the “Do it yourself ballot challenge kit” appears to be dead in Pasco County, Florida. As previously reported on RC Radio and here on the blog the case was declared to have been filed in the wrong venue and ordered transferred to Tallahassee by  Judge Stanley Mills. Apparently, plaintiff Collette has decided to let the case die rather than pay the transfer fee as required by Florida Rules:

1.060 Transfers of Actions

(a) Transfers of Courts. If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in rule 1.170(j).
(b) Wrong Venue. When any action is filed laying venue in the wrong county, the court may transfer the action in the manner provided in rule 1.170(j) to the proper court in any county where it might have been brought in accordance with the venue statutes. When the venue might have been laid in 2 or more counties, the person bringing the action may select the county to which the action is transferred, but if no such selection is made, the matter shall be determined by the court.
(c) Method. The service charge of the clerk of the court to which an action is transferred under this rule shall be paid by the party who commenced the action within 30 days from the date the order of transfer is entered, subject to taxation as provided by law when the action is determined. If the service charge is not paid within the 30 days, the action shall be dismissed without prejudice by the court that entered the order of transfer.

The one page order from Judge Mills was entered on September 9th:

This entry was posted in Birther Cases, Birthers and tagged , , . Bookmark the permalink.

Leave a Reply (Please see the RC Radio Blog comment policy). Your first comment will be moderated

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s