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Despite the Circuit Court willfully failing to address the obvious mistake, Wetzelberger served letter requests on Judge Cahill directly, for an explanation of the conflicting orders.15.
A letter request dated 2 May 2013 (only 2 days after the 30 April 2013 hearing) wasserved on Judge Cahill. Said letter request was IGNORED.16.
As of the date of filing this motion, a second letter request dated 11 June 2013 was servedon Judge Cahill. Said letter request was IGNORED.17.
after 6 different good faith attempts over the last 16 months
, no publicservant, including Judge Cahill, will state on the record, that the court erred and that the prior casewas dismissed for
lack of jurisdiction
“Silence can only be equated with fraud where there is a legal or moral duty tospeak, or where an inquiry left unanswered would be intentionally misleading”
U.S. v. Tweel
, 550 F.2d 297, 29918.
Judge Cahill has a duty to state on the record a valid explanation of two conflicting ordersallegedly signed and entered on the exact same day.19.
A judgment which is void due to lack of jurisdiction may be
collaterally attacked at anytime
Tucker v. Tucker
, 35 Md. App. 710, 373 A.2d 16 (1977).20.
When appellate jurisdiction attaches, the Circuit Court loses jurisdiction.
Unnamed Att’y v. Attorney Grievance Comm’n
, 303 Md. 473, 494 A.2d 940 (1985).21.
In light of the admissible evidence entered in the instant case, Judge Norman abused hisdiscretion, thereby prejudicing Wetzelberger, by not continuing the hearing until such time as thediscrepancy could be resolved by Judge Cahill.
Wetzelberger, left no other choice, has a clear
(not privilege) to have a determinationmade on the record per Md. Rule 2-535, that the initial counterclaim was correctly dismissed for
lack of jurisdiction
, as the evidence and case citations clearly show.
Due to Judge Norman’s “order” claiming that no attachments are to be filed with motions
filed per Md Rule(s) 2-534, 2-535, Wetzelberger has been obstructed from attaching the 2 letter requests served on Judge Cahill.