The Honorable Norman S. Fletcher
Presiding Justice, Supreme Court of Georgia
244 Washington Street
Atlanta, GA 30334
RE: Supreme Court Case No. S99A0440
Dear Justice Fletcher:
This letter is intended as an answer to your question, raised Monday, March 8. For clarification, I include a copy of the hearing. (Exhibit A) Certainly, my intent is to answer you in the legally appropriate manner. Therefore, I’m now respectfully requesting that you accept this letter addendum, as was Justice Benham’s directions to counsel in Case No. S99A0667. I was extremely nervous Monday, and feel that my response requires a brief explanation.
The direct answer to your question, “Do you not have an Order?” is contained in my Response to the Motion for Frivolous Appeal Penalty. (R — p. 2, itemized response #2) Further, in the same pleading, (R — p. 5, paragraph: “The second statement.....for it was not timely.”) (Exhibit B) I also attach case law which shows the intent of the1983 Georgia Constitution to provide a remedy other than impeachment, for violation of O.C.G.A. 15-6-21. (Exhibit C)
Finally, judgment that I have an Order would still leave me with a question of jurisdiction, for my next step would be to move forward with the filed Motion for a New Trial in the divorce case, 94-1-5243-22. After checking the file in the Clerk’s office Friday, that case is currently assigned to Judge Flournoy. It does not contain Judge Ingram’s September 25, 1998 Order, which by content moved it to her Court, nor does the file indicate a change of file number. The result being, the file is evidence that the Order Judge Ingram claims I now have has had no effect on the case. To compound the issue, after I filed a second Motion for Declaratory Judgment, Judge Ingram then recused herself from the custody modification, but not from the divorce case, 94-1-5243-22.
Therefore, I am left with the multi-faceted question, in which court do I proceed with my Motion for a New Trial? Judge Ingram — since her Order of September 25, 1998 moved the divorce to her court? Judge Flournoy — since the Record on file with the clerk shows it in his court? Judge Stoddard — since Judge Ingram’s recusal moved the custody to his court? Another judge — since my Motion to Disqualify Judge Stoddard from the custody has resulted in Judge Stoddard’s Certification of Immedicate Review to the Court of Appeals, currently before this Court by Petition for Certiorari. Further, when does the statute of limitations begin for a Motion to Disqualify if I don’t even know the jurisdiction? If jurisdiction is with Judge Flournoy, need I go through the disqualification procedure again? If so, how can I ensure an evidentiary hearing this time?
Underlying all of this, are my ex-husband’s (or husband’s) fraudulent financial practices. Although he committed fraud on the Court in the divorce, Judge Flournoy participated in the extention of fraud against me, for Judge Flournoy actually denied me Findings of Fact and Conclusions of Law. This Court has the power to verify my claims, for this Court has the power to obtain the financial records of Gregory Russell Portman, Social Security Number 305-54-7854.
Thank you for your consideration and I look forward to your direction, as this Court is my only remedy.
Sincerely,
Marquitta Portman, Appellant
261 Pioneer Trail
Marietta, GA 30068-3470
Attachments: A-4 page transcript of March 8, 199 hearing, B—2 page (page 2 & page 5) of Appellant's Response to Appellee's Motion for Frivolous Appeal Penalty, C-2 page case law: Graham v. Cavender (LEXIS 40769, 252 Ga. 123; 311 S.E.2d 832; 1984
Certificate of Service attached, showing service to Clerk of Supreme Court, each of the justices, and Kathryn Allen of Department of Law