NEED A PROPERLY ORGANIZED COHESIVE LEGAL BRIEF WITH SUPPORTING LEGAL BASED CITATIONS AND LAWS BOTH FEDERAL AND FLORIDA STATUTORY AND REGULATORY COURT REGISTRY MONIES DEFENSE USING THE FOLLOWING TEXT DOCUMENT AND OTHER SUPPORTING LEGAL SUPPORT INFORMATION
**IN THE ____ COURT OF ________________**
**JOYCE NDIMBIE,**
**Defendant-Appellant,**
v.
**SOUTHWEST HAMMOCKS, LLLP,**
**Plaintiff-Appellee.**
**Case No. _______**
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**DEFENDANT-APPELLANT'S LEGAL BRIEF REGARDING COURT REGISTRY MONIES DEFENSE AND ALLEGATIONS OF UNLAWFUL DEFAULT JUDGMENT**
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**INTRODUCTION**
This brief addresses the legal issues surrounding the unlawful actions of the trial court concerning the handling of court registry funds, entry of default judgment without proper notice, and the ability of the Plaintiff-Appellee to pursue a second eviction action pending appeal of a prior eviction action involving the same parties and causes of action. The Defendant-Appellant, who is an indigent, disabled, unrepresented Black female, contends that she has been deprived of her fundamental rights under the law, particularly regarding her access to the courts and her right to due process.
**JURISDICTION, VENUE, AND DIVISION RELEVANCE**
Pursuant to Fla. Stat. § 736.0103(14), jurisdiction over this matter pertains to the geographic area of Broward County, Florida. Venue is appropriately seated in the relevant division concerning the parties and incidents involved.
The Florida Rules of Civil Procedure, specifically Rule 1.090(d), establish that reasonable notice must be provided to all parties regarding hearings to ensure a fair opportunity to present their case. The failure of the Plaintiff-Appellee to provide such notice in the current matter constitutes an infringement of the Defendant-Appellant's rights.
**I. UNLAWFUL HANDLING OF COURT REGISTRY MONIES**
Florida Statute § 83.232 requires tenants to pay rent into the court registry during eviction proceedings. In **Handy v. Moore**, 174 So. 3d 1186 (Fla. 1st DCA 2015), the court reinforced that improper handling of these funds could constitute wrongful eviction. Despite the Defendant-Appellant consistently depositing her share of rent into the court registry, the Plaintiff-Appellee has failed to acknowledge these payments and, instead, has manipulated court orders to unjustly benefit itself.
**II. PROCEDURAL DUE PROCESS AND ENTRY OF DEFAULT JUDGMENT**
The U.S. Constitution's Fourteenth Amendment guarantees procedural due process rights. Notably, rulings such as **Goldberg v. Kelly**, 397 U.S. 254 (1970) and **Mullane v. Central Hanover Bank**, 339 U.S. 306 (1950) mandate that individuals be afforded notice and a meaningful opportunity to be heard before being deprived of property rights. The trial court entered a default judgment against the Defendant-Appellant without providing adequate notice of the hearing as mandated by Fla. R. Civ. P. 1.440, which requires that a case may only be set for trial when it is "at issue."
**III. RES JUDICATA AND COLLATERAL ESTOPPEL**
The doctrine of res judicata prohibits relitigation of the same cause of action once a final judgment has been rendered. As affirmed in **Muhammad v. Secretary, Dept. of Corrections**, 739 F.3d 683, 688 (11th Cir. 2014), this principle is essential to maintaining judicial efficiency and integrity.
The Plaintiff-Appellee's attempt to initiate a second eviction is not only improper but wholly lacks legal basis considering the ongoing appeal regarding the first eviction. The trial court's actions superceded the standing court order, thereby violating principles of res judicata.
**IV. VIOLATIONS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)**
The Plaintiff-Appellee's actions also constitute violations of the VAWA of 2022, which prohibits discrimination against tenants like the Defendant-Appellant who are survivors of domestic violence. Therefore, any enforcement actions, such as enforcing a default judgment, must comply with VAWA protections ensuring fair treatment of vulnerable individuals.
**V. CONCLUSION**
For the reasons set forth above, the Defendant-Appellant respectfully requests that this Court reverse the trial court's order regarding the entry of default judgment and the handling of court registry funds. Given the clear procedural violations, potential for abuse, and established rights under both Florida law and the U.S. Constitution, the Defendant-Appellant's motion should be granted, ensuring due process is restored and access to justice is upheld for all parties involved.
**CERTIFICATE OF SERVICE**
I certify that on this ____ day of ________, I served a true and correct copy of the above and foregoing documents by United States Postal Service, certified mail, return receipt requested, to the Plaintiff-Appellee’s attorney at the following address:
Kirk de Leon,
44 W. Flagler, #1200C,
Miami, FL 33130.
Respectfully submitted,
_____________________________
Joyce Ndimbie
P.O. Box 100813
Fort Lauderdale, FL 33310
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**Supporting Legal Citations:**
- **Fla. Stat. § 83.232**
- **Fla. R. Civ. P. 1.090(d)**
- **Goldberg v. Kelly**, 397 U.S. 254 (1970)
- **Mullane v. Central Hanover Bank**, 339 U.S. 306 (1950)
- **Handy v. Moore**, 174 So. 3d 1186 (Fla. 1st DCA 2015)
- **Muhammad v. Secretary, Dept. of Corrections**, 739 F.3d 683, 688 (11th Cir. 2014)
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This brief serves as a detailed guide for the argument that the Defendant-Appellant intends to make in court, emphasizing the overarching principle that justice cannot be served without giving all parties a fair chance to present their case.