Posts Tagged ‘texas equusearch civil suit’

Judge K. Rodney May has approved the October agreement between Casey Anthony and Texas EquuSearch.  Under the terms of the settlement, EquuSearch agreed to drop its complaint objecting to Anthony’s bankruptcy.  Anthony agreed to allow EquuSearch to claim $75,000 unsecured as a creditor without objecting.  Under the conditions, Anthony is not forced to admit any wrongdoing.

In a press release, EquuSearch said the decision to settle was after “considerable thought…the time and money that [EquuSearch] must spend to pursue these claims are being taken from other families that really need their help,” EquuSearch lawyers Wites & Kapetan and Russin & Budwick said.

“It’s one of those things where if we continued fighting it would cost us more money than we would ever get back…Our time is better served not in a court room in Florida…” says Miller.

EquuSearch had objected to Anthony’s bankruptcy because it said that it spent $100,000 searching for Caylee Anthony when Casey Anthony knew, as stated at trial by her defense attorneys, that her daughter was already dead.

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According to the AP, Casey Anthony has decided to settle the Texas EquuSearch Mounted Search and Recovery lawsuit in her bankruptcy.  Texas EquuSearch Mounted Search and Recovery will be allowed to have an unsecured claim in Anthony’s bankruptcy case under the terms of the settlement.  In the settlement, EquuSearch agrees to not object to the bankruptcy and Anthony agrees to allow them to claim $75,000 as a creditor without objection.  The search group won’t be entitled to any other claims and won’t be allowed any further dealings in the case.  The group had objected to the bankruptcy, claiming it spent more than $100,000 searching for Casey Anthony’s daughter when she knew her daughter had already died.  Anthony was acquitted of murder in the death of her daughter in 2011.  She filed for bankruptcy in January of this year.

In a press release, EquuSearch said the decision to settle came “after considerable thought…the time and money that [EquuSearch] must spend to pursue these claims are being taken from other families that really need their help,” said EquuSearch lawyers Wites & Kapetan, P.A. and Meland Russin & Budwick, P.A.

In a hearing set early next month, a federal judge will hear oral arguments on two pending dismissal motions and decide whether the additional complaints filed by Zenaida Gonzalez and Roy Kronk have any merit.

 

As Casey Anthony’s bankruptcy proceedings enter their 10th month (she filed in January), she asked a judge Thursday to dismiss Roy Kronk and Zenaida Gonzalez’s claims in her bankruptcy case, saying they are without merit.  Both Zenaida Gonzaelz and Roy Kronk claim Anthony defamed them and they should be considered creditors in the bankruptcy case.  Anthony asked in the dual motions for the “fresh start” she is promised by law.

“This travesty has gone on long enough,” Anthony’s lawyers argue in both new motions, “Ms. Anthony implores the Court to end this matter so she can begin the fresh start she is promised by the law.”

Casey Anthony told detectives during a 2008 investigation that a woman named Zenaida Fernandez Gonzalez, her nanny for 2 years, kidnapped her 2-year-old daughter.  Gonzalez said she was defamed because of the similar name.  Investigators determined that there was no nanny and charged Anthony with murder.  Casey Anthony was eventually acquitted at trial of the most serious charges relating to her daughter’s disappearance and death.

Anthony’s lawyers write in their new motion that Gonzalez’s claim is based entirely on privileged conversations with law enforcement and out-of-context comments Anthony made to her mother.  Roy Kronk found Caylee Anthony’s remains near the Anthony home.  He claims he was defamed when Jose Baez made “false statements” about him.  Anthony’s attorneys argue that Kronk is suing based upon protected privileged comments made by Jose Baez.  Besides, under bankruptcy law, a person “cannot be liable for statements of someone else.”

“Over the years, many persons have pursued actions in which they sought to profit, one way or another, from Ms. Anthony’s ordeal,” her attorney, David Schrader, wrote in the motion, “All of the claimants have been rebuffed and turned away empty-handed, though most of them enjoyed their ‘fifteen minutes’ of fame while their claims were pending, which was the real objective.”

Charles Green, Anthony’s civil attorney and Debra Ferwerda, Anthony’s lead bankruptcy attorney, said their client never willfully or maliciously defamed Kronk, a meter reader, or Gonzalez, both are required for a defamation lawsuit.

“Casey Anthony specifically says when asked by the police ‘Is this the Zenaida Gonzalez you are referring to?’ she says, ‘No, that’s not the same person.’  She’s not talking about that Zenaida Gonzalez.  Never was.  Kronk is suing on what Jose Baez said in his closing arguments.  He’s suing Casey for something her attorney said, which just can’t be done.  Plus, what is said in court is protected,” said Ferwerda.

Casey Anthony is set to be deposed by Zenaida Gonzalez’s attorneys, her attorneys told FOX35 on Thursday that they will likely file a motion for protective order until after November 5th, the date the federal judge is expected to rule on the motions to dismiss.  Texas Equusearch, another group civilly suing Anthony, may be nearing a settlement with her, according to a recent court filing.