Contempt Hearing Yesterday

Yesterday was the hearing on the Contempt accusation against me made by The Summit's HOA. This was part of the lawsuit filed against me on December 30, 2024, which included a request for a Temporary Restraining Order/Preliminary Injunction.

Two lawyers from Turner Padget were in court. The Voting Members and the Board will soon learn the legal fees for filing, preparing, and attending yesterday's hearing. Court is, for many attorneys, the highest hourly billing rate. How much is their rate per hour? $600? $700?

Once again, Danny Trapp was not in the courtroom. The HOA (through its lawyers) are trying to expand Judge Coble's Order of March 11, 2025. He ordered me 1) not to communicate with the Board; 2) not to attend meetings; and 3) not to communicate with employees or agents of the HOA.

I have complied with that Order scrupulously.

In court I read, "Litigants cannot change the plain meaning of words as it suits them, especially when conveying a court's clear and unambiguous order." Those were the wise words of U.S. District Court (Southern District of Florida) Kathleen Williams just a month ago.

Judge Coble did not order me to stop using using social media or my blog. He did not order me to stop communicating with residents about the HOA. He did not order me to stop communicating with law enforcement, such as the S.C. Attorney General.

The HOA, based on Danny's Affidavit dated May 15, 2025, claims that I have encouraged others to appear in my place and that many, including non-residents of The Summit, packed the April 1st Board Meeting and "completely derailed the Board Meeting, preventing the Board from conducting its business."

I submitted the Minutes of the April 1st Board Meeting. They clearly show that it was a normal meeting and that business was conducted as usual. That was the "trampoline meeting" with Standing Room Only (in fact, overflow attendance).

Had there been any disruption or disorder, it would have been reported in the Minutes; right?

Who was responsible for maintaining order in the board meeting? Did he?

I called Danny Trapp to testify. The "pregnant pause" in the courtroom was obvious. Then Judge Kimpson explained that it was an "evidentiary hearing" - no witnesses. He bailed out the HOA's attorneys, who had failed to object quickly.

Why not? Why wasn't he there to observe his attorneys in action? He wasn't there, either, on February 11 or March 20. 

No officer of the HOA was present. No director of the HOA was present. No Voting Member was present. No member of the Finance Committee was present.

Who was there to stick up for the homeowners, the Members of the Association?

Only one person. I was there.

The judge asked me directly if I had communicated with the Board. No. If I had gone to meetings. No. If I had communicated with staff. No. 

The good in yesterday's hearing? The HOA's attorneys revealed that a court date of September 14th* has been set for trial on the lawsuit against me. The attorneys will be ready, no doubt at high expense to the HOA.

Judge Kimpson's Decision will be available within about ten days.

* [Edited 7/25/25 Trial will not be September 14, 2025. That's a Sunday.]