I am sorry this post is so long, but there is a lot going on and I am in desperate need of advice/help. This case is still ongoing; we went to trial April 16-1 7 and are now waiting on the judges orders. Any advice/help would be appreciated.
After 17+ years of marriage, 15 of those personally building and operating a ranch/resort and personal home on our 85 acres, my wife and I decided to divorce. She accused me of having an affair with an intern we had for the summer. (This was after having her there for only 2 weeks.) All this because I bought her a hat to wear on our trail ride. All of our employees had them. She made the young woman leave after hurling insults and accusations at her, which impacted her education negatively. Her jealousy had been a problem all during our marriage, and it was unfounded. I worked all the time, and never went any where. After this episode and temper tantrum I decided I had had enough. So we decided to divorce, sell the ranch and split profits. What has happened since then has been a nightmare for me, and a prime example of small town injustice.
My wife told me she had seen our attorney who would handle the divorce for both of us. I called him and after telling him everything going on, he informed me that I would have to hire another attorney, that he was representing my wife. She then told me I was going to be served with an order to appear for the divorce. A sheriff’s deputy arrived at my home, served me, and then told me I had to leave. He said it was a restraining order. It was the order to appear, but he refused to read the paperwork, and he wasn’t leaving without me. So I gathered a few things, got my dog and truck, and along with my mom and niece who were working on the ranch for the summer, left. I thought I would hire an attorney, and let him straighten things out.
Two days later I hired an attorney. He suggested that I not go back to avoid any other trouble. He said I had no recourse against the deputy. He advised me to go to the bank to check the status on the business account. I found out that she had drained our $26,000.00 business account and transferred the $26,000.00 into a personal account in her name only, leaving me with the money in my pocket totaling $400.00 to live on. I went to TN with my mother. I have stayed with family ever since.
When I went to court for the hearing, Judge Sandra Osborne was on the bench. She was at one time opposing counsel for her father-in-law in a law suite against me. Doug Kennedy was my attorney at that time. I was concerned that the judge wouldn’t be impartial, but my attorney didn’t do anything to have her removed. I felt she should have recused herself.
I found out at the hearing the restraining order was filed for adult abuse. I was accused of all types of abuse of which there was absolutely none, no evidence, witnesses, police or hospital/medical reports because no abuse ever occurred. All she had were her accusations.
Judge Osborne ordered a full restraining order, and gave my wife full control of my home and business until the divorce is final. No accountability to the courts to protect my interests was imposed, nor did my lawyer ask for it.
The next time I went to court was to remove my wife’s attorney, who had been our attorney in the case with Judge Osborne as opposing council. As soon as Judge Osborne read this she recused herself. (She was not asked, she did this on her own);
03/06/2008 Docket Entry: Filing:
Text: JUDGE'S DOCKET ENTRY: Judge Osborne recuses at request of respondent due to prior litigation involving parties - SMW
My next appearance in court was in front of Judge Don Henry once again trying to remove her counsel. Mr. Kennedy had represented me before and had full knowledge of my business and personal background. And the fact that I had talked to him and told him everything that was going on between my wife and myself before he said he couldn’t represent me. Judge Henry asked me if I had told him anything during the phone call that could hurt my case, and I told him no. The Judge allowed him to stay on the case.
During the trial for my divorce, my wife lied about almost everything she said and then had to recant. It was shown that she lost money, and has poor management skills. The ranch had increased 10% each and every year, except for the last two years that I have been gone.
To date, I have had no say in or received any revenue from my business. My wife has paid all of her personal and legal expenses totaling in the amount of $80,000.
The final ruling of the court is that the business known as Coldwater Ranch be sold. We have 30 days to agree on a price, length of time, and a realtor to sell the property. If we can not come to some kind of agreement the court will appoint a commissioner and decide how the property is to be sold. The judge is still working on the judgment for everything else. My problem is that in all appearances, my wife will still be in sole charge, thus allowing her to drain the business of all revenue coming in during this time. She has done this for the last two years since I was wrongly removed from the property.
And on top of all this, my lawyer will not return my calls now. I have been told he is either working on other ongoing cases, or he is busy with new cases. I have spent thousands of dollars with this man, and I feel like I have had ineffective counsel.
If the Ranch is allowed to be sold by court at public auction it will more than likely not bring anything near what it is worth due to the present economic down turn. I feel that it is only right that I be given sole charge of the Ranch for a reasonable amount of time so that I may sell property for a fair amount, because of the questionable treatment of me by law enforcement and the courts. I firmly believe I deserve this opportunity.
All I ask and plead for is to be treated fairly with some respect and to find some kind of justice instead of being treated like a criminal with no kind of right at all.
So now my questions and concerns are:
Do I have recourse against the Shannon County Sheriff Department for my wrongful eviction? If so, what?
Legally Judge Sandra Osborne should have recused herself and never heard any of this case. Because of her ruling I have been kept from my home and business, and legally my wife should have shown proof before a restraining order was issued.
Judge Henry should have removed Mr. Kennedy from this case. There was a definite conflict of interest. It makes me wonder what else he is wrong about.
And finally I feel I may have a case for ineffective assistance of counsel.
I have done all I can financially. Because of the circumstances I have been left homeless, living with family, struggling to pay this attorney to try to hold on to what I have worked so hard for the last 18 years. At this point I need help.
There are no children from this marriage.