Several years ago, about 2003, Bogin Munns and Munns represented me in a civil case that the results were less than satisfactory. My dropping of the case for what I felt was exorbitant attorneys fees resulted in a small claims court suit by Bogin Munns and Munns against me and a Bar Complaint filed by me against them, my own attorney. The resulting judgment was less than $1,000, but it left the attorney-client relationship with bitter feelings.
On February 9th, 2007, I put up the website at www.VerandaParkNews.com which was critical of some of the things that were going on in Metrowest and raised questions that many people wanted answers to. The website was totally unrelated to my previous conflicts with Bogin, Munns, and Munns, as I had long since moved on.
Since the site had only 51 visits to it during the original time it was up, many of which were me putting it up and down, I’m sure someone notified Mr. Azzouz of the site.
It’s my opinion that Mr. Azzouz, feeling the site was directed at him, took personal exception to the site and the comments on it. He notified Rulon Munns, a friend and business associate of his, to “take care of the problem”.
Upon investigating, Munns assumed who the author was from Internet domain registration records. (I used my real name and address to register the domain name) I suspect Mr. Munns reported back to Mr. Azzouz who the owner of the site was and also included the personal conflict we had had with our litigation. Mr Azzouz, as described in the newspaper article “From Rats To Riches” appears to be the type person that takes personal offense to opposition, whether real or imagined, and as described, ““That’s when Kevin pulls out his moneybags and starts hitting you upside the head until you are pounded into submission”. (Orlando Sentinel 2005 by Wes Smith)
I believe Mr. Azzouz instructed Mr. Munns to take care of the problem and the stern warning letter was sent, threatening a lawsuit to “teach me a lesson”. The letter was served by a process server at my residence on my now ex-wife, who became hysterical over our being sued. I immediately took down the website, not sure of what I had actually done. I didn’t even know Mr. Azzouz at the time, was not referring to him specifically, and really just talked about Veranda Park, not Veranda Partners.
Not giving it a second thought, I immediately took down the site and thought that would be the end of it, since that is what the threatening letter had stated. I began preparing for an upcoming family vacation trip and didn’t give it another thought until the evening of March 9th, the night before I was leaving to go out of town on the trip. That is when I was again served with a civil notice that I was now being sued for “SLANDER”.
I was quite perplexed by the action, since I had complied with the demands. I had to leave town on our trip with this on my mind. The clock was now ticking and I only had 20 days to respond legally to the action or be in default.
Why had Mr. Azzouz and Bogin, Munns, and Munns, taken this action of filing a suit in Circuit Court, after stating in the letter, “this was my only chance to Avoid Litigation”. What had changed that prompted this action? I knew that I had complied with the demands, even though I didn’t agree with them. Nothing else had transpired that I knew of to warrant this action.
It wasn’t until April 2007, that I finally figured out what I came to believe was the reason they filed the suit anyway after saying they wouldn’t. I received an email from an unknown person, that directed me to look at the Clerk of Courts records in Orange County and to look at Mr. Azzouz’ driving record. It wasn’t so much the record that I found interesting but the timing of one of his most recent traffic citations. It appears from the Clerk’s records, that after sending me that threatening letter on Feb 23, 2007, Mr. Azzouz received a Speeding Ticket from what appears to have been an Orange County Deputy Sheriff. Although it’s my opinion the deputy gave some courtesy to Mr. Azzouz when issuing the citation by writing it for 6-9 miles over the limit, I think Mr. Azzouz took personal exception to the citation and may have felt that I had something to do with the citation being issued. For the record, I can emphatically say that I did not have anything to do with the issuance of that citation, nor do I know the deputy that wrote it. I do not condone or participate in that type action, but I can understand how Mr. Azzouz could have felt that way, especially if he is one that is used to blaming others for his own actions.
The citation was issued on March 7th, 2007, approx. 12 days after the threatening letter was sent. On March 9th, two days later, the civil action lawsuit for Slander was filed against me in Circuit Court and it was served on me on March 13th, in the evening, the night before I was leaving out of town the next day. Was all this timing coincidental? Looking back, it doesn’t look so to me.
The malicious actions of Bogin Munns and Munns after the filing also seems to corroborate my thoughts. When an attorney I found that was trying to help me, called and asked Mr. Balonavich for an extension of time to file the response to the lawsuit, they emphatically stated, “No, our client does not give extensions!” Since this is a common courtesy given between attorneys in efforts to keep relations civil in lawsuits, my attorney felt this was somewhat strange. When he also asked about them knowing that their law firm had represented me in a civil action only a few years earlier, and that they had all my financial records, tax returns, and other personal information, they replied they were aware of that, and did not feel this was a conflict of interest.
It was readily apparent the malicious stance they were taking, and even more apparent when they immediately filed to have a Video Deposition taken of me right after my answer was filed, and stating it would take “all day”.
It is my opinion that this case is clearly a frivolous and malicious lawsuit, filed against me for personal reasons, by a wealthy, tyrannical, individual, with a huge ego, and more money than he knows what to do with. In a conversation I had with Mr. Azzouz, early on in this case, he stated to me, “You know you can’t win this case. I will spend whatever it takes to destroy you!”
Mr. Azzouz stated to me at one point that he had spent over $200,000 on legal fees in this case and that he would spend more if necessary. This has proven to be true, as he is now on his second law firm, after firing Bogin, Munns, and Munns for mishandling the case. I guess Bogin, Munns, and Munns, wasn’t big enough to handle a case of this magnitude, and he needed the powerhouse firm of Akerman Senterfeit, to use their influence to continue. It is ever so apparent to me now, that these large, powerful, and influential law firms are more than willing to sacrifice their principles, ignore their hypocritic creed, and abuse the system, if a client has the money to pay the exorbitant legal fees to keep a case going. It is most disappointing to me that our court system and our society, will allow them to do it, even when the state law clearly prohibits it.
With my attorneys fees now at over $90,000, and nothing even resolved, I have long since realized that even by winning this case in court, I will be the only loser. In the opinions of my attorneys, I have already “won” this case, as Mr. Azzouz has been unable to silence my voice and prevent me from speaking out against these atrocities. My websites are still up, and I am able to write this article, my opinions, for you to read and form your own opinions. I have grown up my entire life believing in this right, and that this right is “Guaranteed” by the very First Amendment of the United States Constitution, a document that our country was founded on. I respect the fact that many Americans have died over the years defending this right, and I refuse to allow a tyrannical dictator to take away our right because, “he got his feelings hurt.”
I am thankful though for many lessons that I have learned over the past year from this case, the most important one though, that “Freedom of Speech, isn’t Free!” There is a price, a huge price, but it is worth it.
I have also learned a lot about who I am, and what is really important to me in life. I have learned how deep my convictions really are and for that, I am proud to say, I am a true American.
As for the case, if our judges do not have the courage to stand up to these tyrants, and intervene with a Summary Judgment, as required by the State Law, then I can only hope I can endure the barrage of discovery and depositions over the coming years, to make it to trial. This is another right guaranteed by the Constitution, to let our peers, like you and I, decide what is right and wrong.
Until that time, and long after, I will continue to speak out against atrocities, and to defend the rights of all Americans, regardless of the cost. I am proud to be an American.
In the words of another famous American, Patrick Henry, “Give Me Liberty, or Give Me Death!”
Thank You.
