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Saturday, February 11, 2012

Judge Pando: "The Rest of the Story"

BREAKING NEWS ..... Governor Rick Scott appoints Richard Hersch to the Circuit Court. Congratulations to Richard.

THE CAPTAIN REPORTS:

JUDGE PANDO, FLORIDA WELLNESS, AND PIP SUITS ....

First things first. Horace, you should know by now, that if you want an investigation done right, you should not be turning to Carmel Cafiero, when you have your top notch investigative reporter right here on staff. And with that, I add to your post:

Judge Ana Maria Pando:

A graduate of UM law, she became an attorney in 1988. She joined the Miami City Attorney's office in 1991 and spent most of her legal career there. She was first elected County Court Judge in 2000 and took office in January of 2001. She was re-elected in 2006 and is again running for re-election in 2012.

Florida Wellness & Rehabilitation Center, Inc.

Florida Wellness & Rehabilitation Center, Inc. is owned by Dr. Mark Cereceda. Dr. Cereceda actually owns numerous clinics under the Florida Wellness name. Florida Wellness of Little Havana, Florida Wellness of FIU, Florida Wellness of South Miami, and Florida Wellness of Hialeah are just a few of his locations where his clinics generally treat people injured in auto accidents. They offer physical therapy to their patients along with chiropractic adjustments. They are paid, overwhelmingly, by auto insurance companies, whereby Florida Wellness files claims under the PIP coverage of the injured person's auto insurance policy.

PIP & PIP SUITS

Florida law requires you to carry only two types of coverage as part of your automobile insurance: Personal Injury Protection (PIP) and Property Damage Liability. Your PIP coverage provides you with up to $10,000 to pay for "reasonable and necessary" medical expenses as a result of injuries sustained in an auto accident.

Dr. Cereceda's clinics submit thousands and thousands of HICF's (Health Insurance Claim Forms) to auto insurance companies on a monthly basis. Sometimes they are paid; many times they are not paid. When they are not paid, it is usually because the auto insurance company has made a determination, rightly or wrongly, that the medical care received was not medically necessary. When Florida Wellness is not paid, they will sometimes get an assignment from the injured patient, and they then file a PIP SUIT against the auto insurance company for not paying them within the statutory time required by law. These cases are filed in County Court, and many of these cases end up in Branch Court in South Dade, Coral Gables, North Dade, and in HIALEAH - before Judge Ana Maria Pando. If they are successful, the Plaintiff clinic is paid the money they are owed, interest on that money, court costs and attorney fees. There are many law firms that work almost exclusively on PIP suits and they make a very good living doing it.

THE FACTS:

1. On May 4, 2011, Articles of Dissolution were filed by Fastkit Corp. on behalf of Florida Wellness & Rehabilitation Centers, Inc. Fastkit is one of these companies that handle all of the paperwork with the Florida Department of Corporations on behalf of a corporation.

First problem with these Articles is that they were signed by someone who is NOT a Director of the corporation, according to the Florida Department of State. The signature line prints the name Luana Alonso. The signature above it does not appear to be that of a Luana Alonso. It represents that she is a Director of the Corporation. Based on the available research we could locate online, she is not.

2. On October 12, 2011, an accountant by the name of Lestor Barreras signs an Affidavit. Barreras is the CPA for Dr. Cereceda and his clinics. In the Affidavit, Mr. Barreras states that his office inadvertently dissolved the corporation by filing the papers with the Florida Dept. of Corp.

Problem with that is, they did not file the papers. Fastkit did. In all fairness, they may have prepared the papers and forwarded them to Fastkit, who then filed the papers.

3. On October 14, 2011, Judge Ana Maria Pando prepares a letter on her official Judicial stationary. The letter is faxed to Mr. Jay Kassees, Division Director, Division of Corporations. Attached to the letter is the Affidavit from Barreras. In the letter, she refers to Florida Wellness owner Mark Cereceda. She tells the department, "I see no reason not to reinstate the above-mentioned corporation. If you have any questions please feel free to contact me. Sincerely, Judge Ana Maria Pando. "

Well, what was she thinking.?! Mr. Cereceda, through his many clinics, appears as a Plaintiff in dozens of cases, all before Judge Pando. The Judge has to rule in each case and her decision will determine whether Mr. Cereceda's clinics get paid their money - his money. What in the world was she thinking?

4. On October 24, 2011, the Florida Department of Corporations acts on the letter sent by Judge Pando. They decide, based on the "Court Order" they received, that they are "re-activating corp. status". They also decide to charge Florida Wellness NO FEE for the reinstatement.

I am attaching to this post the Affidavit from Barreras, the letter from Pando, and the action taken by FDOC. http://www.sunbiz.org/pdf/80709709.pdf

And with that, Florida Wellness and Rehabilitation Center, Inc., is again a registered Florida Corporation. Kind of important because there are hundreds, (currently approximately 200) cases filed in the County Courts of Miami-Dade County where the Plaintiff is listed as Florida Wellness.

5. Judge Pando has opened a campaign account and she has raised $69,685 through the reporting cycle December 31, 2011. Here are some notable contributors:

*Florida Wellness Little Havana, 11/11/11, donated $500.
*Florida Wellness FIU, 11/11/11, donated $500.
*Florida Wellness South Miami, 11/11/11, donated $500.
*Florida Wellness Hialeah, 11/11/11, donated $500.

Performance Orthopaedics, 11/11/11, donated $500. (This writer believes that Dr. Cereceda has an ownership interest in this medical provider).

*One minor problem with the checks that were written by these four corporations in November of 2011. The four corporations did not exist in November of 2011. That's because, in September of 2011, Dr. Cereceda changed the name of all four of the corporations to Ceda Health of Little Havana, Ceda Health of FIU, Ceda Health of Hialeah, and Ceda Health of South Miami. I have no idea whether there is a problem with a Judge accepting checks from a corporation that does not legally exist; or whether Dr. Cereceda violated any campaign donation laws by issuing checks on corporations that no longer existed.*

6. Dr. Cereceda has retained numerous law firms over the past four years to file these PIP suits on behalf of himself and his clinics. As stated above, there are at least 200 such cases currently listed on the Clerk's website. In the past twelve months, there have been at least 34 cases filed in the Hialeah branch court that are now before Judge Pando. All of those cases were filed by either attorney John Llarena of Hess & Llarena or by attorney Todd Landau.

7. The 34 cases filed by Llarena or Landau are all PIP suits filed against automobile insurance companies. Those companies include:

Progressive - 7 cases; State Farm - 11 cases; Allstate - 6 cases; Kingsway Amigo - 4 cases; GEICO - 3 cases; and Responsive, Safeco, and Infinity, with one case each where they appear as a named defendant in these PIP suits. These cases have all been filed between March and December of 2011.

8. Here is a list of some of the attorney/law firm contributors to Judge Pando's campaign that have held themselves out as Plaintiff's counsel for Florida Wellness in the past four years:

***John Llarena, 11/8/11, donated $500.
***Hess & Llarena PA, 11/8/11, donated $500.
***Todd Landau PA, 11/8/11, donated $500.
Buchalter, Hoffman & Dorchak PA, 11/9/11, donated $500.
Paul Schrier, 11/8/11, donated $500.
Paul Schrier PA, 11/8/11, donated $500.
Armando Brana, 11/8/11, donated $500.
Armando Brana PA, 11/8/11, donated $500.
John Friedland PA, 11/8/11, donated $250.
Kevin Whitehead, 11/8/11, donated $500.
Kevin Whitehead PA, 11/8/11, donated $500.
Bernard Butts PA, 11/14/11, donated $500.


Please note that according to our research of the Clerk' s office records, it appears that only Llarena and Landau have cases filed before Judge Pando at the Hialeah branch court. The other attorneys listed above have open cases in other branch courts throughout the County on behalf of Florida Wellness; these cases are not before Judge Pando. In fairness, all of these donations appear to be legal and within the laws of the State of Florida as they relate to donations to a judicial campaign.

So now you have heard "the rest of the story". Care to comment?


CAPTAIN OUT .....

72 comments:

Anonymous said...

Captain: I thought this was a criminal blog, why are we talking about civil matters that go on in Hialeah?

Rumpole said...

Thorough job. What was she thinking?

Anonymous said...

She was thinking "I've already been reprimanded by the Supreme Court for accepting illegal campaign contributions AND now I have accepted thousands more from non-existent corporations that were voluntarily dissolved months before they wrote checks to me. I need to rectify this before the JQC gets wind of it. So why don't I get the corporations reinstated and claim that they were mistakenly dissolved? That way the corporations will be reinstated retroactively and I can keep all these illegal campaign contribitions? And if I use my title and letterhead, I can just roll over any lowly state employee who wants to think twice about the propriety of all this." That is what she was likely thinking. And that makes it very interesting to a blog about criminal matters.

Anonymous said...

Hey 12:23. Would you rather they post it on South Florida Lawyers Blog.

Captain and Rumpole were right. What was she thinking? Maybe this was one of those, what do they call him, brain farts, by her honor. Despite her motivations, it is the appearance of impropriety that dictates her conduct.

Anonymous said...

Good work. I truly hope she is the only judge stupid enough to pull a stunt like that ---- but she is not the only judge presiding over a mountain of PIP cases, who is perceived to be influenced by the plaintiff's bar. There are many problems with the PIP system and in my experience, certain judges encourage the problem by how they rule. Now don't get me wrong, I've also seen the stunts some insurance companies pull... But judges should not pull new attorneys aside to say, "you shouldn't be working for xyz" (the defendant in the case pending before said judge).

DS said...

Lawyers jam to raise money for charity

Two state judges will judge a music competition to raise money for legal services for the poor

Legal professionals will face off on Sunday, Feb. 12, at the first annual Battle of the Bands presented by Band Together for Legal Aid and Sabadell United Bank. The event will showcase live music by bands featuring local attorneys at The Stage in Miami’s Design District, 170 NE 38th St.

The competition will include six bands. Similar to popular music and dance reality shows, the audience will have the opportunity to vote for their favorite group via text. At the end, real-life judges, Stanford Blake of Miami-Dade Circuit Court and Richard J. Suarez of the Third District Court of Appeal, will select the winner from the top two. First place prize is a recording session.


Read more @/www.miamiherald.com/

Anonymous said...

... I am not judgmental and always wait to hear both sides of a story, but this Judge Pando story appears to be shocking! Justice Barbara Pariente is now well aware of this incident and she is really angry. When she was the Chief Justice, she ripped into Judge Pando in open court during the public reprimand and warned her that "there will be no second chances".

I would have to think that the JQC will recommend a suspension of the judge or a removal here - or Kathy Rundle may file "Official Misconduct" or corruption charges for this action.

This is a serious situation and MUST be investigated. How can a Judge even think about sending this official letter on Judicial letterhead to the state agency.

We should hear from Judge Pando and hear of her explanation. Is Michael Catalano going to represent her with this?

Anonymous said...

what about all the chiropracticv clinics that have contributed om PANDO. ANy of them invoovled with the good Doctor?

Anonymous said...

I hope you do as thorough a job inspecting the campaign reports of all the candidates and not just one who has been on the bench for many years.

Real Fake Former Judge. said...

Pandomania vs Linsteria. Who wins?

Hey who am I now : duh duh did you see Kennys facebook? He catches fish. Duh duh duh he hey heh heh. I used to be a judge. Kenny is a fishergyy ha ha ha.

EyeonPando said...

Calling a shumie for pando. She's on her way to the bar for a 4pm beer

Rumpole said...

No comments with phone numbers.

Anonymous said...

What is also interesting regarding this issue is that no court in the State of Florida has the power to order a state agency to do anything. Ex./ Court can't order DOC to place your client in a South Florida facility. But apparently Pando can order whatever she wants.

Anonymous said...

Pando is smelling , swimming and quacking like a duck

CAPTAIN JUSTICE said...

To 3:20. Tell Rumpole to give me a raise and we'll see about your request.

To 3:15. Only the four that I wrote about and the possible connection to Performance. I don't believe he has connections with the many other clinics that have donated to her campaign.

Cap Out

REAL FORMER JUDGE said...

this REAL "FAKE" FORMER JUDGE is starting to be a pest!!!

Anonymous said...

I trust that Saturday, February 11, 2012 2:41:00 PM will suggest to Justice Pariente that she disqualify herself from any disciplinary case involving Judge Pando, assuming that hse was intemporate enough to have made such an observation to the blogging blabberwouth.

Anonymous said...

Rump...it was the published phone number of chambers. Sheesh. Go ahead and delete the number and please post the rest if you like. Thx.

Craig.

Anonymous said...

2:41 is Catalano chumming the waters.

Anonymous said...

REAL FORMER JUDGE only wears Loro Piana ....

REAL "FAKE" FORMER JUDGE only wears Tommy Bahama

Let Kenny W. decide and post on his Facebook who wins?

Anonymous said...

I only had one dealing with Pando when she worked for the City of Miami. At a meeting between my client, a third party and her client (the City), she totally misrepresented the holding of a third DCA case in arguing an important point for the City and the third party.

Clearly she thought no one else had read the case (I had), and was just lying through her teeth about it.

Or, she failed Reading Comprehension in school.

I doubt the latter.

Anonymous said...

There is a published opinion on Pando's prior discipline for--wait for it--serious compaign violations. This resulted in a substantial fine as well as a public reprimand. Some judges think that the only way they can be removed is by election. Another way-repeat offenses-which, in this case, appear to be motivated by election.

Rumpole said...

1) Then 50 people crack call her chambers and I get blamed for it.

2) Longtime and careful readers of the blog know I have no ability to edit comments by deleting certain portions and posting the rest. Your comment is gone. Forever.

Anonymous said...

Rump - Do you really need to ask what was she thinking?

This is HIALEAH!!!!!!!

It's so dirty it makes shit hold its nose!

1L said...

Some older lawyer has been constantly hitting on me and trying to pick me up ever since we exchanged numbers at an event at my law school. Is this the place to discuss this?

Anonymous said...

Joel Denaro and Morning Joe Scarborough - separated at birth?

Real Fake Former Judge said...

I am going to do some impressions- tell me who it is- yes, this is writing on a blog, but bear with me and have some imagination:

"Judy judy judy"- right- Cary Grant. See how easy?

"You...you dirty rat..." Jimmy Carney

"listen schweetheart, I never met a broad who didn't respond to s stiff drink or a good slap." Bogey.

OK one more.....

"Hehehehe I go on Kenny's Facebook and he catches fish. Let's create a stupid issue and let kenny decide it on Facebook. I pretend to be a former judge but act like a sub moronic high school junior.Hehehehe Kenny's Facebook...hahahhaha"

Any guesses?

CraigsList said...

Craig's List
Hialeah, FL>For Sale>New and Used
February 12, 2012

One judicial robe, used
One bottle of integrity (1 oz, empty)

Price: $500.00 o/b/o

Reply to Annie P.

Bliog manager. said...

The tradition of fakes attacking each other is as old as the blog itself. Real Fake Blecher and Fake Blecher went at it for years across blogs all over the state until we booted them off this blog Rfb was implicated in the infamous scandal on the Jax cthouse blog for hacking fake judge smith's account and posting fake fake comments. That took forever to unravel.

Kenneth Weisman said...

Since we are discussing Weisman Fishing prowess...It must be in the genes because my niece broke a world record last week! Lady Angler Sets New Flyrod Mark in Guatemala | SaltWaterSportsman.com
www.saltwatersportsman.com

Real Fake Former Judge. said...

This is not about you fancy pants or your piscatorilly obsessed family. This is about a nut posing as a former judge ( and if he used to be a judge I am certain he was beaten for reelection. Peter Adrien perhaps?) who is obsessed with your facebook page. Go back to Capital Grille and eat some more fried fois grais and add another layer of placque to your already hardening arteries.

Anonymous said...

What was she thinking? "I am going to use the power and prestige of my office to influence the decision of a government official outside the bounds of my power to act." It's that simple. What her motive was is irrelevant. Want to put this in perspective? Suppose you and a client appear in front of Pando all the time. Your driver license is suspended because you were tending to your grandmother's funeral and simply forgot. She writes a letter on her stationery explaining this and suggesting that it should be re-instated promptly. This is minor and almost trivial in its effect on the judiciary. However, in a way, that is what makes it so offensive. Sort of like a code inspector refusing to pay for his breakfast at the local deli that he inspects.

Rumpole said...

Im not comfortable posting a comment purporting to name a person's family members even in the context of congratulating them. If you know this person's family, call or email them insted.

mikal said...

What is a bliog manager?

Anonymous said...

PIP + Hialeah=Fraud

Anonymous said...

Kenny. Congrats to your niece for catching and releasing 18 sail. I guess her father was too busy smoking stogies since he only could reel in six.

Anonymous said...

I'm confused. I thought this was a Shumie and shumie time blog.

Ps. 1L tell us the sexy details.

Anonymous said...

Wow. The most spectacular venue for golf in the US and Tiger drops a 38 on the front nine including three straight bogies while Phil, playing in the same group, eagles the sixth and shoots 31 through nine. Mickelson takes a one shot lead into the back nine.

Anonymous said...

Shumie and shumie time blog for office! Shumie and shumie time blog for office!Shumie and shumie time blog for office!Shumie and shumie time blog for office!

Anonymous said...

will you freakin bloggers get off the computer and go down to the Stage for a great cause, not your own!
5pm -9pm Battle of the Bands! It's meet and greet time! For Legal Aid!

Anonymous said...

El Tigre is not having any fun today. Phil just knocked in his second thirty footer for par whilst Woods misses four footer for par. Ten stroke difference on today's round.

Anonymous said...

5:50..........Pando doesn't seem to get that she can't order agencies or parties to do her bidding. Once, she sent a criminal defendant to diversion AFTER FINDING HER GUILTY AT TRIAL. She also threatened to hold the SAO's County Court Chief in contempt for complaining about her tardiness in writing. She doesn't concern herself with details like the separation of powers doctrine or the First Amendment.

BTDT

Anonymous said...

Sounds like what Pando did was dumb. But is not really shocking, in my opinion.

It also sounds like she didn't "order" any state agency to do anything.

What is really shocking is that state law allows lawyers and firms to contribute to Judges campaigns at all. Not to mention private entities and litigants. Let's face it, the whole system stinks.

Think about it. Imagine if on Monday morning you are a county court ASA in trial against a private attorney who on Friday afternoon threw a fundraiser for the judge at his Coconut Grove home, where 30 or 40 of the lawyers friends dropped a few hundred into the campaign kitty.

The private attorney just helped raise half an ASAs salary in a couple of hours. Now an objection is made, and it is a close call. Think the ASA wins that one?

What if the private attorney had helped the opponent of the judge, but lost the election?

Pando may have screwed up, but compared to the system as a whole, it is just business as usual. Maybe I'm jaded, but this is not a big deal to me, and I have never in 10 years of practice appeared in front of Pando.

In the end, if all she did was speed up a decision that the department should make anyway, what is the harm?

Anonymous said...

This is a great opportunity for the good old boys to retaliate against a Hispanic female.

There are many terrible judges on the bench, but you pick on her because she represents what is the change that you feared in 2000. Regardless, the bench will change and names like Perez, Rodriguez, Diaz, Gonzalez, Hernandez, Fernandez will be the majority. Pando may be taken out, but she won't be kept down!

Anonymous said...

WHO is the REAL "FAKE" FORMER JUDGE????

Anonymous said...

Leaving the Pando issue aside....is all the anti-Hialeah talk and aspersions....anti Cuban Code?.....if so we can start talking about the ethnicity or religion of the majotity of this blog's participants...We Cubans may be dumb but we are not stupid.......tread lightly boys and girls "sow the wind,reap the whirlwind"

Anonymous said...

Look out! Duck! Here comes the "race card"! Sort of surprised it took you Pando-apologists so long to throw it down.

IMHO this has NOTHING to do with whatever background Pando came from. It has to do with the violations of Canons I and II of the Code of Judicial Conduct where she lent the prestige of her judicial office to advance the private interests of Florida Wellness, a party that appears in front of her.

Anonymous said...

Ahhhh, didn't take too long for someone to play the race card. It would be funny if it wasn't so pathetic and dangerous.

Anyone who has spent more than 30 seconds reading the posts on this blog knows that we are nothing if not equal opportunity critics. In fact, many of those who have suffered the harshest criticism are NOT Hispanic.............Satz, Brummer, Hirsch, Glick (Stacy, not Lenny), etc. And, many of those who are subjected to the most ridiculous parodies are not Hispanic..............Weisman, Tannenbaum, Shumie, etc.

Of course, I'm not at all surprised that Pando's supporters would stoop playing the race card. As asinine as it is, it's exactly what I'd expect from those who would support her.

BTDT

Anonymous said...

No, Catalano is not representing Ana Pando.

The JQC reads this Blog and will probably investigate. Pando then gets a letter telling her that they are want her side and off we go. Although Catalano has handled a bunch JQC cases, Ana uses Cuban lawyers for this stuff.

Rumpole said...

Your comment almost made it. Then you went to human anatomy.

DS said...
This comment has been removed by the author.
Anonymous said...

As Lawyers we know that any stupid thing we do, even in private life, can get us disaplined or even cause us lose our license to practice.

As a JUDGE and Elected Official you are triply ( ie 3 times) more subject to observation , review, comment and disapline.

The Canons for Judges are clear an strict.

You don't write letters for people nor businesses.

Especially on your Official Judge stationary.

Doubly to a State agency where your letter is public records.

You don't let friends or people/businesses that gave or raise you campaign funds regularly appear in front of you for personal financial gain.

You do tell the other Attorney that their Adversary or their Client supported you campaign (ie gave $) just to avoid the mere Appearance of Impropriety.

You do not do stupid things that negatively reflect on your fairness and the Judiciary's neutrality.

You do none of the above after you have been disciplined and dressed down by the Supreme Court

DS

DS sez: said...

ps
It aint about being a Woman
nor a Cuban.
Supid is as Stupi does.

DS

Anonymous said...

Congrats to Real Fake Former Judge who was the surprise Grammy winner in best new Fake blogger beating out Fake Kenny, Real Fake Judge Posner from a Univ Of Chicago Law Blog (the chi-lawdog) and Fake 9th Circuit Clerk from a Univ of Pepperdine law blog (hot pepper law). Kenny was seen drowning his sorrows at an after party complainig to the foo fighters that he wuz robbed while munching a filet wrapped in bacon.

CAPTAIN JUSTICE said...

THE CAPTAIN REPORTS:

UNITED STATES SENATE ....

Monday, Feb 13, 2012

2:00 p.m.: Convene and begin a period of morning business.

4:30 p.m.: Proceed to executive session to consider the nomination of Adalberto Jose Jordan of Florida to be United States Circuit Judge for the Eleventh Circuit.

And we are still waiting for Governor Scott's staff to place that lucky phone call to our next Circuit Court Judge.

Hey RH - any news?

Cap Out .....

Anonymous said...

Look at it this way- Real Fake Former Judge was Adele while former judge an fake kenny are lady gaga- shut out and shut down. Youch !

Anonymous said...

Happy day for all us.

Good luck Judge Hersch.

We all appreciate all you have done for all of us.

Kenneth Weisman said...

Speaking of shut out and shut down...fished all afternoon and only caught a Spanish Mackerel (keeper) and three undersized Gag Grouper (released.

Anonymous said...

I love how Catalano speaks of himself, anonymously, and in the third person. (see, 8:27 am). It's enough to make you woozy.

mikal said...

Richard, congratulations and mazel tov. Do you think you can stop celebrating for a few minutes so you can post all of the reactions to your being appointed to the bench?

PETA said...

The People for the Ethical Treatment of Animals recommend all responsible individuals BOYCOTT attorney Kenneth Weisman for his callus and indecent treatment of fish and hunting and killing them for his own perverse enjoyment.

Rally TBA

heyzeus said...

No Rumpole, this is not "the rest of the story", this a fraction of the story. Would you care to tell us the whole story please? For example, under what circumstances did Judge Pando write that letter, was there a particular case referenced in that letter, was this the result of a ruling? The fact that her campaign received checks by a non-existing corporation is irrelevant, or is it the duty of a campaign to check the corporate status of every donor. Moreover, think of the practical legal consequences of receiving contributions from a non-existing corporate entity.

Sting said...
This comment has been removed by the author.
Anonymous said...

please remove comment from 1:01 pm

Anonymous said...

I've appeared before Pando in plenty of cases and always have found her to be fair. What amazes me is that you guys jump at every opportunity to look for defenses of people who have been accused of committing some serious crimes, yet here you are so quick to send her to the chair! What they are alleging she has done is no different than what other judges do when they give preferential treatment to lawyers that donate to their campaign. The question should be how did this make Carmel on the Case? I've seen far worse "violations" by judges and it rarely makes the news...let alone a whole segment.

Anonymous said...

Senator Joe Negron accepted contributions from the same clinics on 10/24/2011. He is working on SB 1860 which is the PIP bill.

You can see it for yourself at Florida official records. Than ask yourself what the real story is.

Anonymous said...

As I understand it, this is a criminal blog. Let me explain why this is so egregious from someone who appears in front of this judge on a regular basis. The real issue in a PIP case is not the PIP benefits, it's the attorneys fees.

At the conclusion of a case, the Plaintiff attorney, if he has prevailed, will seek his costs and fees. The Captain mentioned a number of attorneys who contributed to Judge Pando's campaign, the command anywhere from $300 -$550 per hour. The ask her for anywhere from 10 - 200 hours at that ridiculous rate for litigating over unpaid medical bills which can be as little as $1.36 for failure to pay interest.

A county court judge is the arbiter of this dispute and has unlimited discretion to allow this time. When Plaintiff attorneys use their private home, friends and collegues to help her raise $69,000+/- then they get that discretion and the other side has no shot at getting assistance from the court in reducing that attorneys time regardless how overinflated it is. This then emboldens the attorney who files 15 MSJs over issues that are not even relevant to the case because he knows she is going to rubber stamp it.

There are number of attorneys who have had Judge Pando recused in the past when she was married to a runner from a Plaintiff attorney firm. This gentleman's job was to go to PIP clinics and find files for his employer to file lawsuits for unpaid benefits. His employer would then file these same suits in Hialeah in front of her. When it was brought to light, they co-counseled with another lawyer still retaining many of those cases.

Ultimately she did recuse herself, but only after motions by numerous defense attorneys and long after she had ruled on many of these cases. She was divorced in 2009 from this gentleman. If the JQC does actually read this blog, they will have no problem confirming this.

That's just scraping the tip of the iceberg. I could go on for days.

Anonymous said...

Where, oh where was Pando today??? Judge Pando had pre-trial conferences scheduled today at 2:30 p.m. Fast forward to 3:30 p.m. and Judge Pando is not there. Most of her cases were dispatched to mediation. Even those who did not reach an agreement were told that they would receive a new hearing date on the mail.

The reality is that one of the Plaintiff's attorneys is holding a fundraiser for Judge Pando today. He, himself, had pre-trial conferences to attend in her courtroom as well. But, no one from his office was there.

Yet his hearings were "held" and orders were conformed.

Anonymous said...

Now the Herald reporters are not being paid by United Automobile Insurance Company and the other companies pushing to get rid of PIP would they?

If the corporations changed their name, they were not dissolved. That is a non issue. Good try though.

Anonymous said...

"The ask her for anywhere from 10 - 200 hours at that ridiculous rate for litigating over unpaid medical bills which can be as little as $1.36 for failure to pay interest."

Good for the goose good for the gander, considering that an insurance company will cancel your policy for not paying $1.36 and deny that the policy was in full force and effect.

Anonymous said...

Pando = not judge in Hialeah anymore

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