For someone who likes to play an attorney, Eric Noveshen seems to have trouble translating the Florida Rules of Civil Procedure.
Noveshen is in a tail spin trying to remove from the web all the real, legit and truthful information about his various scams including stock fraud, mortgage fraud, fraud on the court and other information. Makes sense, the gig is up if people know the truth so hiding the truth is essential for his survival.
A little history, Noveshen’s first “legal high” by committing discovery abuses came at the expense of his Former Wife Christina Carter. She worked for BCBG and he wanted her income records. So he sent BCBG a subpoena, which he is allowed to do if he did it correctly.
This is how it is supposed to work: Florida RULE 1.351 PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION
(a) Request; Scope. A party may seek inspection and copying of any documents or things within the scope of rule 1.350(a) from a person who is not a party by issuance of a subpoena directing the production of the documents or things when the requesting party does not seek to depose the custodian or other person in possession of the documents or things.
(b) Procedure. A party desiring production under this rule shall serve notice on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if the service is by mail.
But Noveshen skipped a step, on purpose. Instead of sending a Notice to Ms. Carter’s attorney that he intended to send a subpoena to BCBG, he just sent the subpoena to BCBG depriving Ms. Carter of her legal right to file an objection. The subpoena looked very legit with the court stamp and signed ERIC NOVESHEN FOR THE COURT. BCBG sent Noveshen the records, he was thrilled. Christina Carter’s attorney had to file an objection with the court due to his discovery abuse.
Noveshen has done this dirty legal trick dozens of times since that first one in 2009. Now Noveshen is doing the same thing to have information from this and other sites revealed. He filed a Notice of Intent to serve several subpoenas, the one below on March 11 and then wants the documents 10 days later. If he followed the rules, he would wait until March 21 (10 days) to even mail the subpoena to the 3rd party. Then the 3rd party has about two weeks to produce the documents.
We don’t even think he looked at a calendar before cranking this out because today is Monday March 21st, Wednesday is the 23rd. Might wanna lay off the Coronas.
This reminds us of the various times Noveshen thought his legal knowledge so superior of others that he had to “teach the Defendant’s very capable four (4) law firms and eight (8) attorneys about the Federal Rules of Civil Procedure.”
Nor should a blog have to teach Eric Noveshen to follow the Florida Rules of Civil Procedure.