2012.04.03 Motion to Correct Typo Rule 12 to Rule 11

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IN THE SUPERIOR COURT OF PAULDING COUNTY STAIE OF GEORGIA MICHAEL 1. LOWE, ) ) Plaintiff, ) v. ) ) ELISA 1. SMITH, ) ) Defendant. ) Certificate of Service COMES NOW, Elisa 1. Lowe and certifies that she has filed the following documents and pleadings in the above-captioned case and shows that she has mailed, via first class mail, copies of said pleadings to Martin Valubena, attorney of record for the Plaintiff: AMENDMENT TO MOTIONS CORRECTING TYPOGRAPHICAL ERROR OF RULE 12 SANCTIONS TO RULE 11 SANCTIONS Martin Enrique Valubena 113 Village Walk, Suite B P.O. Box 1125 Dallas, Georgia 30132 So Certified this 3 day of April, 2012. Pro Se Former Defendant 279 Crossroads Estates Drive Newnan, GA 30265 (404) 704-7058

Transcript of 2012.04.03 Motion to Correct Typo Rule 12 to Rule 11

Page 1: 2012.04.03 Motion to Correct Typo Rule 12 to Rule 11

IN THE SUPERIOR COURT OF PAULDING COUNTY STAIE OF GEORGIA

MICHAEL 1. LOWE, ) )

Plaintiff, ) v. )

) ELISA 1. SMITH, )

) Defendant. )

Certificate of Service

COMES NOW, Elisa 1. Lowe and certifies that she has filed the following documents and pleadings in the above-captioned case and shows that she has mailed, via first class mail, copies of said pleadings to Martin Valubena, attorney ofrecord for the Plaintiff:

AMENDMENT TO MOTIONS CORRECTING TYPOGRAPHICAL ERROR OF RULE 12 SANCTIONS TO RULE 11 SANCTIONS

Martin Enrique Valubena 113 Village Walk, Suite B P.O. Box 1125 Dallas, Georgia 30132 So Certified this 3 day ofApril, 2012.

Pro Se Former Defendant 279 Crossroads Estates Drive Newnan, GA 30265 (404) 704-7058

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AMENDMENT TO MOTIONS CORRECTING TYPOGRAPIDCAL ERROR OF RULE 12 SANCTIONS TO RULE 11 SANCTIONS

Comes now, the former Defendant, Elisa M. Lowe, and files this Amendment to Motions Correcting Typographical Error ofRule 12 Sanctions to Rule 11 Sanctions as follows:

Your former Defendant, Elisa M. Lowe, acting pro se, did make a typographical error and requested sanctions to be levied against Martin Enrique Valbuena under Rule 12 of the Uniform Rules of The Superior Courts. The correct rule is Rule 11 of the Uniform Rules of The Superior Courts of Georgia

Martin Enrique Valbuena will not be prejudiced by this amendment as the previously filed motions gave notice to Valbuena of the requested sanctions for fraud, perjury, unethical conduct, frivolous litigation and other previously cited misconduct before this Honorable Court.

"It is well established that clerical errors in the proof of service do not affect the validity of the service" Adams v. Adams, 260 Ga. App. 597 (2003) (MartinE. Valbuena-Attorneyfor Appellee) citing O.C.G.A. §9-11-5(b); and Roberts v. Roberts, 226 Ga. 203, 205 (1) (173 S.E.2d 675)(1970)

The Court of Appeals of Georgia in Lowe v. Lowe directed the sanctions hearing, making no distinction or note of the typographical error.

However, the former Defendant makes this Amendment based upon the Paulding Court's, Judge Osborne, presiding, emphasis on the "Rule 12 Sanctions" hearing.

To satisfy the Paulding Court's, Judge Osborne, presiding, desire for a correction, such and said correction is hereby made by this Amendment.

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ProSe 279 Crossroads Estates Road Newnan, GA 30265 (404) 704-7058