Butler and Rattray Lose in Magistrate Court
In separate hearings this morning in the Blythewood Magistrate Court, Vernell Butler and Michele Rattray lost their legal actions against four residents in The Summit - residents who happen to be Directors of The Summit's HOA.
Butler and Rattray were both pro se and filed against the four residents as individuals, not as Board Members or officers.
The sentence, "a man who is his own lawyer has a fool for a client" is often, and possibly mistakenly, attributed to Abraham Lincoln.
Butler lives in a Summit Hills neighborhood (the online map doesn't clearly indicate which one), and Rattray lives in Whitney Falls.
Several times I had to look closely at Butler to see if he ever took a breath between long, convoluted sentences connected with "so".
Butler complained about "rules" not being followed. Why didn't he raise his issues when he was a Board member for three years (Dec. 2020 - Nov. 2023).
Rattray went on and on about there being no neighborhood elections and how homeowners ought to get to vote for Directors. At least, I think that was her argument. It was hard to hear and follow.
Former Board President Danny Trapp showed up and sat at the Plaintiff's table with Rattray. I wondered by the Magistrate Judge let him sit there, since he wasn't a party to the case or a lawyer.
But then I wondered while the Magistrate Judge let Angelo Turley-Moore joined the HOA's attorney at the Defense table, since he is not a lawyer and wasn't called to testify. I couldn't hear most of what he said, and I wondered whether he was going to cause the HOA to lose its Motion to Dismiss.
For me I had to wonder if I'd really worn my hearing aids this morning or if the batteries had run down.
The Court was late starting, and no courtesy was shown to those waiting by an explanation for the delay. The HOA case had to wait through a dozen other cases and didn't start until 10:15AM. It took Judge Hightower until 10:38AM to complete it, because Butler rambled on and on. At 10:39AM Rattray's case was called. It was disposed of shortly after 11:00AM.
Defense had sought Payment of its costs for its defense, but I didn't hear a claim this morning. Perhaps there was one, but I didn't hear it.
Mr. Philpot, to clarify the dismissal was based on individual liability. This would not exclude the HOA as a whole from liability. More to follow.
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