Comment #: FL2964
Rating:2.4
Comments:
Judge Jane Fishman seems either incompetent, stupid,prejudice or all three.

Small claims courts in Florida are limited to awarding money damages and do not enjoy jurisdiction over equitable matters. In other words, while a court may award money damages, it is precluded from awarding equitable relief such as an order requiring parties to do something or refrain from doing something. These facts can be verified at the following website:
http://archive.flsenate.gov/data/Publications/2009/Senate/reports/interim_reports/pdf/2009-121ju.pdf or google “review of the small claims process in Florida” to be directed to this website.

In the Final Judgment of a small claims case alleging damage to a bulletin board, Judge Fishman states “Plaintiff has sued only for money damages" Then, in the same paragraph, the she states “Any notices Defendant feels compelled to post must be posted in the appropriate locations with Scotch tape only; not glued nor caulked to any surface”. Mandating that this Defendant do something (post in certain locations) or refrain from doing something (not gluing or caulking) is an example of her incompetence, particularly when these criteria were not even mentioned in the Complaint. In just two sentences, she was not faithful to the law, exceeded her authority and violated judicial process. Is this stupidity or incompetence?

In the same case, Judge Fishman's Final Judgment also states “This court reserves jurisdiction to determine entitlement and amount of court costs and attorneys’ fees pursuant to the Association documents upon application by Plaintiff. Plaintiff is directed to submit affidavits and time sheets in support of its’ request for fees and costs.” The fact is that the Plaintiff’s claim was not filed pursuant to the Association documents, and neither the Statement of Claim nor the Complaint even mentions Association documents. More importantly, neither the Statement of Claim nor the Complaint, seeks a judgment for attorneys’ fees and costs. Recall that the judge herself had written, “Plaintiff has sued only for money damages”. Is this stupidity or incompetence? Again, Judge Fishman was not faithful to the law, exceeded her authority and violated judicial process by entertaining a “request” for attorney’s fees and costs that was not contained in either the Statement of Claim or the Complaint.

Furthermore, since it was never produced at the trial, the supposedly damaged Plexiglas from the bulletin board was sent to Judge Fishman to show her how wrong her decision was. In her response, she said it would be sent back. It was never received, and further communication informing her of this fact was ignored. She could not even accomplish sending something back without screwing it up, and then chose to ignore her failure.

Be aware of Judge Fishman's stupidity, incompetence, or prejudice. It may only be a matter of time before her judicial actions result in consequences far more serious than those in a small claims case.