SOME INTERESTING DETAILS JUST SURFACED…..
WATCH WHERE YOU EAT……
| American Restaurants LLC | American Restaurant Holdings | Focus Entertainment International Inc (Focus) merged with American Restaurants LLC, an owner and operator of restaurants. On completion, the merged entity was renamed American Restaurant Holdings Inc. |
http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=3110226
BOYS TOWN
https://drive.google.com/file/d/0B9FMrJI1kgTgaWpaNzNvd0tJMUMwWGw0b21BMFNvZ2VzMWpB/view?usp=sharing
https://drive.google.com/file/d/0B9FMrJI1kgTga0M3NWVlYmt5TDNRVE1sRThfXzdxZ2w2QjFN/view?usp=sharing
https://drive.google.com/file/d/0B9FMrJI1kgTgQ1lFTzNHclVOcmFMbTVOQngtdUl5LWNjNXBn/view?usp=sharing
BLANK – ZORBALAS CONNECTIONS
Blank connects directly to Zorbalas
AMERICAN RESTAURANT HOLDINGS
https://drive.google.com/file/d/0B9FMrJI1kgTgMTVySXZaOHBRbWZ6RzBad2ozNFVQek5ud0o4/view?usp=sharing
TIP OF THE DAY:
ALL ROADS LEAD TO ARNONE…
CASSELBERRY, FL 32707
CASSELBERRY, FL 32707
CASSELBERRY, FL 32707
LAUDERHILL, FL 33319
Changed: 07/10/1991
LAUDERHILL, FL 33319
Changed: 07/10/1991
LAUDERHILL, FL 33319
Address Changed: 07/10/1991
Title PD
ARNONE,T. ANTHONY
LAUDERHILL, FL
PORT RICHEY, FL 34668
TAMPA, FL 33612
Changed: 01/13/2014
SUITE 500
ORLANDO, FL 32804
Title PD
MALLARD JR, CARLTON
WIMAUMA, FL 33559
Title V
ARNONE, SHAYNE
TAMPA, FL 33602
Title S
ARNONE, ANTHONY
PANAMA CITY, FL 32409
THIS IS HOW THESE FOLKS IMHO “GET AWAY WITH MURDER”:
Gerald Bailey, former head of the Florida Department of Law Enforcement serving at the pleasure of CORRUPT Governor Rick Scott, is now ratting his BOSS and others out. Bailey himself was in on a lot of the coverups and is as corrupt as anyone else.
TAKE GERALD BAILEY TO THE GRAND JURY TODAY!!
http://www.corporationwiki.com/Florida/Tallahassee/gary-bremer/125712105.aspx
http://www.corporationwiki.com/Florida/Tallahassee/4050-Esplanade-Way-Tallahassee-FL-32399-a573528.aspx
Florida Correctional Finance Corporation
Bay County Private Correctional Facility Finance
South Bay Correctional Facilities Financing Corporation
Florida Department of Management Services
Florida Department of Management Services
Department of Corrections Florida
Florida Department of Law Enforcement
Dor
Florida Department of Management Services
Persons With Disabilities, Florida Agency for
Fl Dms Facilities Mgmt Op
Agency for Persons With Disabilities
Ems Communications
UPDATE:
ANTHONY LLOYD THEVIS ARRESTED FOR FILING A FALSE CLAIM IN BALDWIN COUNTY, ALABAMA.
FACT IS THE PURPOSE OF THE FILING OF THE FALSE CLAIM WAS MORE SINISTER THAN THE ACT ITSELF.
SEEMS TONY HAS DIRECT TIES TO CHICAGO TITLE MOB, TOO.
FOCUS ENTERTAINMENT:
http://www.sec.gov/cgi-bin/browse-edgar?company=Focus+Entertainment&owner=exclude&action=getcompany
SPIROS GEORGE ZORBALAS….
http://www.advancedbackgroundchecks.com/d/SPIROS-ZORBALAS/270289769
FL 6 HAS TIES TO WACHOVIA AND NORTHERN BANK & TRUST……AND WHITE WESTERN MEN’S CLUB…….
THIS CONNECTS TO ACQUIRE TITLE, STEWART TITLE, STEWART ACQUIRE LAND TITLE, HARROLL CASTLE, JAMES “THE BOOKIE” MAULDEN AND KARL ROVE VOTER FRAUD, IMHO, INVOLVING CHARLES CHUCKIE TUCKER, DERRELL DAY, CATHY MCCLELLAN AND GUY TUNNELL:
http://www.corporationwiki.com/Florida/Santa-Rosa-Beach/acquire-title-inc-5382032.aspx
ANTHONY THEVIS IS THE SON OF MICHAEL GEORGE THEVIS
FOCUS ENTERTAINMENT:
http://www.sec.gov/cgi-bin/browse-edgar?company=Focus+Entertainment&owner=exclude&action=getcompany
Anthony Thevis has ties to Bill Kahalley and Surety Title…Chicago Title…and Martin Jarvis Blank….and SCYLLA…
MARTIN JARVIS BLANK
http://www.advancedbackgroundchecks.com/name/martin+blank/209158583
RELATED??? http://www.advancedbackgroundchecks.com/d/martin-blank/5679180
http://www.advancedbackgroundchecks.com/address/5300/powers%20ferry/atlanta/GA
M.L NIRO…Michael L. Rottner
Overview of M.L. Niro, L.C. in Panama City Beach, FL
Key People
Lance Nicholas served as the Managing Member and has interests in other corporate entities including Surety Land Title of Florida, LLC, Surety Land Holding Company, LLC . Lance’s past corporate affiliations include Coastal Industries Group, Inc., Blue Sky Land Company, LLC and five others.
Michael Rottner was the Managing Member of M.L. Niro, L.C.. Michael’s past corporate affiliations include Emerald Coast Investments, LLC .
The registered agent for the company is Lance G. Nicholas. Also known as a statutory or resident agent, the registered agent is responsible for receiving legal notifications regarding court summons, lawsuits, and other legal actions involving the corporate entity.
http://www.corporationwiki.com/Florida/Panama-City-Beach/ml-niro-lc-2331044.aspx
http://companies.findthebest.com/l/24873247/M-L-Niro-L-C-in-Alpharetta-GA
http://www.corporationwiki.com/Georgia/Alpharetta/rottner-lighting-sales-inc/133247371.aspx
AND JAMES SLONINA….WHITE WESTERN MEN’S CLUB MEMBER…CHECK OUT THE DEEDS….
http://qpublic6.qpublic.net/fl_display_dw.php?county=fl_bay&KEY=26436-000-000
CHECK OUT THIS NEIGHBORHOOD….WILLIAM KAHALLEY…
http://www.advancedbackgroundchecks.com/search/searchpreview.aspx?type=address&q=1719/County%20Highway%20393/Santa%20Rosa%20Beach/FL
Philip Thorne is Chief of Police of Springfield, Florida…and was present when Bay County Sheriff Frank McKeithen just personally shot and killed Aaron Lepak…
http://www.advancedbackgroundchecks.com/address/814/Longwood/Panama%20City/FL
http://www.porn-report.com/corporate-organizational-profile-chart-h.htm
THE JOHN MCCAIN CONNECTION:
http://www.youtube.com/watch?v=qIlZCU4EoVA
MELVIN FRIEDMAN: http://www.zoominfo.com/p/Melvin-Friedman/701875423
FRED F. FILSOOF:http://www.corporationwiki.com/search/results?term=fred%20filsoof
These are the names associated with Fred F. Filsoof through businesses:
GEORGIA
1992 Mansour Sorhani, Adel A Filsoof
1989 Kanny Patel, Jerry Patel 1989 Nashville, TN
1988 Larry D Lewis; Rita D Powell Atlanta
1988 Hsuan Kao Yu; Wang Chih
1988 RM Ballard, Jr ATL
1988 Kowfle, Lawrence Ken; Boake, Alice; Borke, Kwako: Atlanta
1977 Stanley E Cox; Ludwig Kastelic; Columbus Oh;; Stephen J. Powers, Hampton/ Norfolk…
1988 Fred P Packard, Encino, CA
1988 Charles A BUrkett; Ursula BUrkett (1931)
1988 Anthony Hagan; Donald Moss; ATL
1988 Cyrus Roodehchi; Daryoosh Roodehchi
1988 Rassoul Malik; Brenda Malik
1988 Mekuria Seifu; Adafre Markorios
1988 Taye Mekonnen; Tibebe Mekonnen
1988 Chen Leo-Weng; Lin Yi Hwa, James S Cheng
1988 Touraj Nayebolsadri; Mohamad Nayebolsadri, Malouk Nayebolsadri
1988 Soleiman Shomer; Gity Shomer; Davoud Shomer
1988 Terry J Aiken, Herbert C Leeming************ Affiliated Enterprises, Inc
1988 George P Echols …. Cine Royale, Inc DORAVILLE
1988 Lin Ming Jyu, Lin Tom
1988 Brent Atwater, Teague Woodrow
1988 Zamora, Ignacio, RIck Falco, Zelmira Zamora
1992 Mina Rosem A Ahashni
1988 Lin Ming Jyu, Lin Tom
1988 Moussavi, Seyed Ali, ;Sahebdivani, Amir, ;Soheila Sahebdivani
1988 Gary Yip, Patricia WOng, P.W. Lee
1988 Dorothy G Harrison; Orlando Barranco; Eva Barranco
1988 Menachem J. Heller, Ofra Heller: DORAVILLE
2005 Gvity Filsoof, Adel Filsorf… DULUTH
1988 Vithal Daya, Sumanlan Daya
1988 Heydargoli Daneshvar; Omid Daneshvar; Amir Daneshvar
2005 Saeid Moattar, Kamran Moattar
1988 Michael L. Humphrey; Fred Parks King
1992 Tony Sadri, Said Sadri
1988 Anis Bootwala, Najeeba Bootwala
1995 Tony Sadri, Mina Rose
1988 Jeff Lee Echols; George Echols…******
2009….. Fred & Terasa Filsoof
2009… Amy Kitchens: AGT:// Adel Filsoof
1997 Norma Appel
———–
ALABAMA
2002 Rita Powell, Larry D Lewis
2003 Joseph Zaiden, Juliette Zaiden
1984 Francis Wai Chu Ching
————
FLORIDA
2007 L.A. Gornto, George D. Anderson *** Palm City, Daytona Beach
1980 Behrooz Pekard, Thresa Pekard **** Panama City
[PDF] Matter of Tajer
… ON BEHALF OF RESPONDENT: Fred F. Filsoof, Esquire Filsoof and Mykal
1416 Gaslight Tower 235 Peachtree Street, NE Atlanta, Georgia 30303 …
http://www.justice.gov/eoir/vll/intdec/vol15/2327.pdf-13k-2012-08-17- Text Version
[PDF] Matter of Esfandiary
… ON BEHALF OF RESPONDENT: ON BEHALF OF SERVICE: Fred F. Filsoof,
Esquire Robert Lee Erwin 1416 Gas Light Tower Trial Attorney 235 …
http://www.justice.gov/eoir/vll/intdec/vol16/2685.pdf-19k-2012-08-17- Text Version
[More results from www.justice.gov/eoir/vll/intdec]
COORDINATED PROPERTIES, INC; COORDINATED CAPITAL CREDIT COMPANY; and GEORGIA ANTIQUE CENTER & INTERNATIONAL MARKET, INC.
——–
IN FLORIDA…… it’s Daytona Beach AND Panama City and Palm CityZORBA COMPANY, LTD was formed in Panama City, 1979 and dissolved 1980 Agent was Behrooz Pekard; partners, Behrooz Pekard, Thresa Pekard, Fred F. Filsoof.
PANAMA CITY FL
PANAMA CITY FL
PANAMA CITY, FL
Officer/Director Detail Name & Address
Title D
PEKARD, BEHROOZ
PANAMA CITY, FL
Title D
PEKARD, THRESA
PANAMA CITY, FL
Title D
FILSOOF, FRED F
ATLANTA, GA
ALLIANCE HOLDINGS is at 315 N. Atlantic Avenue, Daytona Beach; agent L.A. Gornto, and Partners are George D Anderson and Fred S. Filsoof.
MORNINGSIDE HOLDINGS is dissolved but was active 2004-2007. L.A. Gornto was agent. Partners were George Anderson of 315 N. Atlantic Avenue, Daytona Beach, FL…and Fred Filsoof of Garmon Drive, Atlanta, GA.
From all I can see, George D. Anderson and L.A. Gornto aren’t just lawyers they ARE.. DAYTONA. They have listing after listing, businesses and contacts galore.
—
WEST VOLUSIA DEVELOPMENT,
C/O OCEAN WALK PROPERTIES 315 N. ATLANTIC AVENUE, DAYTONA BCH, FL
GERALD B. FINCKE
300 N ATLANTIC AVENUE
DAYTONA BEACH, FL
GERALD B. FINCKE,
5766 PENDLEBURY COURT
PORT ORANGE, FL 32127
GERALD B FINCKE
867 S. ATLANTIC AVENUE
ORMOND BEACH, FL
ELLIOTT LANDSMAN
THREE TOWNLINE CIRCLE
ROCHESTER NY
ISADORE DIAMOND
THREE TOWNLINE CIRCLE
ROCHESTER NY
GORDON H. MCNEIL
44OAK MEADOW TRAIL
PITTSFORD, NY
———————————————
——————-
http://www.precydent.com/citation/542/F.2d/948
http://vlex.com/vid/20463481
http://cases.justia.com/us-court-of-appeals/F2/577/308/113794/
http://bulk.resource.org/courts.gov/c/F2/577/577.F2d.308.77-5678.html
https://ice.wi.gov/LicenseLookup/summary.do?chid=611720
The appellant, George Echols, appeals from his conviction of knowingly causing the interstate transportation of obscene matter under 18 U.S.C. § 14621 and 18 U.S.C. § 2.2 He assigns two errors on appeal. The first assignment alleges that the trial court erred in overruling the appellant’s motion to dismiss because 18 U.S.C. § 1462 allows for the seizure of films alleged to be obscene and to have traveled in interstate commerce without providing for an adversary hearing on the question of obscenity before or after the arrest and seizure. The second assignment of error alleges that the seizure of the films was done in violation of the Fourth Amendment. We find no merit in either of these contentions and affirm.
——
Georgia Records:
ECHOLS GEORGE P
CINE’ ROYALE, INC.
INTERNATIONAL THEATRE OF NEW ORLEANS, INC.
ECHOLS GEORGE P.
ENTERTAINMENT PROMOTIONS, INC.
ECHOLS, GEORGE P
SENOIA RACEWAY, INC.
ECHOLS, GEORGE P.
STALLION RELEASING CORPORATION
GEORGE P ECHOLS
GREAT AMERICAN LAUNDRY EMPORIUM CORPORATION
GEORGE P. ECHOLS
SHEANANDOAH, INC.
——
View Filed Documents
(Annual Registration History etc.)
Business Name History
Name Name Type
CINE’ ROYALE, INC. Current Name
Profit Corporation – Domestic – Information
Control No.: H504506
Status: Automated Administrative dissolution/Revocation
Entity Creation Date: 7/2/1975
Dissolve Date: 4/29/1988
Jurisdiction: GA
Principal Office Address: 1416 GAS LIGHT TOWER
ATLANTA GA 30303
Registered Agent
Agent Name: FILSOOF FRED F
Office Address: 1416 GAS LIGHT TOWER
ATLANTA GA
Agent County:
Officers
Title: CEO
Name: ECHOLS GEORGE P
Address: [Address Not Available]
DORAVILLE GA
————
INTERNATIONAL THEATRE OF NEW ORLEANS, INC. Current Name
Profit Corporation – Domestic – Information
Control No.: H206434
Status: Automated Administrative dissolution/Revocation
Entity Creation Date: 8/28/1972
Dissolve Date: 4/29/1988
Jurisdiction: GA
Principal Office Address: PO BOX 80861
ATLANTA GA 30366-0861
Registered Agent
Agent Name: WEISENSEE L.A.
Office Address: 1012 CANDLER BLDG
ATLANTA GA 30303
Agent County:
Officers
Title: CEO
Name: ECHOLS GEORGE P
Address: 2511 CARROLL AVE.
CHAMBLEE GA
Title: CFO
Name: WEISENSEE TONY
Address: 2511 CARROLL AVE.
CHAMBLEE GA
——————-
Click on the Agent Name to view more information.
Records Found: 4
Agent Name
Total Representations
WEISENSEE L. A.
1
WEISENSEE L.A.
1
WEISENSEE TONY
1
WJ WEISENSEE
1
SHOWCASE CINEMAS, INC. Current Name
Profit Corporation – Domestic – Information
Control No.: H608805
Status: Automated Administrative dissolution/Revocation
Entity Creation Date: 10/27/1976
Dissolve Date: 4/29/1988
Jurisdiction: GA
Principal Office Address: 1409 PEACHTREE ST NE
ATLANTA GA 30309-3042
Registered Agent
Agent Name: WEISENSEE TONY
Office Address: 1012 CANDLER BLDG
ATLANTA GA 30303
Agent County:
Officers
Title: CEO
Name: MANGIPANO RAYMOND
Address: [Address Not Available]
Title: CFO
Name: WALTERS NEL
Address: [Address Not Available]
—
BOAT AND CAMPER REPAIR AND REFINISHING, INC. Current Name
Profit Corporation – Domestic – Information
Control No.: H603653
Status: Automated Administrative dissolution/Revocation
Entity Creation Date: 5/3/1976
Dissolve Date: 4/29/1988
Jurisdiction: GA
Principal Office Address: 1012 CANDLER BLD.
ATLANTA GA 30303
Registered Agent
Agent Name: WEISENSEE L. A.
Office Address: 1012 CANDLER BLD.
ATLANTA GA
Agent County:
Officers
Title: CEO
Name: STOTT JIM F.
Address: 3648 STANFORD CIR.
DECATUR GA
Title: CFO
Name: STOTT JANET F.
Address: 3648 STANFORD CIR.
DECATUR GA
—
BETTER BUSINESS COUNCIL OF CAMDEN COUNTY, INC. Current Name
Non-Profit Corporation – Domestic – Information
Control No.: J818456
Status: Automated Administrative dissolution/Revocation
Entity Creation Date: 9/26/1988
Dissolve Date: 7/6/1997
Jurisdiction: GA
Principal Office Address: PO BOX 130
KINGSLAND GA 31548-0130
Registered Agent
Agent Name: WJ WEISENSEE
Office Address: 36 GROSS RD
KINGSLAND GA 31548
Agent County: CAMDEN
Officers
Title: CEO
Name: JAMES STEELE
Address: 1411 7 HWY 40 EAST
KINGSLAND GA 31548
Title: CFO
Name: JOHN MINOR
Address: 1411 7 HWY 40 EAST
KINGSLAND GA 31548
Title: Secretary
Name: GLENDA FODDRELL
Address: 1411 7 HWY 40 EAST
KINGSLAND GA 31548
—
(NOT SURE IF THIS IS THE WIFE?WIDOW OR NOT>>>>>)
BETTY ECHOLS AMERICAN MORTGAGE RESOURCES, INC.
AMERICAN MOTOR SPORTS MARKETING CORPORATION
SHEANANDOAH, INC.
BETTY R ECHOLS AMERICAN MORTGAGE RESOURCES, INC.
GREAT AMERICAN LAUNDRY EMPORIUM CORPORATION
LAUNDRY RESOURCE MANAGEMENT, INC.
ECHOLS, BETTY AMERICAN WINGED OUTLAW SPRINT CAR ASSOCIATION, INC.
STALLION RELEASING CORPORATION
—
The following is a portion of the document you requested. Please subscribe to view the entire document.
Page 1244
376 So.2d 1244
STATE of Louisiana
v.
George P. ECHOLS & New Orleans, Inc. International Theaters;
George P. Echols & Cine Royale, Inc.; International Theaters
of New Orleans, Inc.; Cine Royale, Inc. & George P. Echols;
International Theaters of New Orleans, Inc.; Cine Royale, Inc.
No. 64225.
Supreme Court of Louisiana.
Nov. 1, 1979.
Page 1245
Michael Silvers, Silvers & Tanet, New Orleans, for defendants-appellants.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, Asst. Dist. Atty., for plaintiff-appellee.
MARCUS, Justice.
George P. Echols, International Theaters of New Orleans, Inc. (d/b/a Paris Theater), and Cine Royale, Inc. (d/b/a Cine Royale Theater) were charged in six separate bills of information with eleven counts of obscenity in violation of La.R.S. 14:106. 1 On August 21, 1978, after a trial of No. 264-403 before a jury of six persons, George P. Echols and International Theaters of New Orleans, Inc. were found guilty as charged. 2 Subsequently, defendants withdrew their former pleas of not guilty as to the other charges and entered pleas of guilty, expressly reserving their right to appeal the denial of pre-plea motions. 3 After waiving all legal delays, defendants were sentenced
Page 1246
by the trial judge. 4 On defendants’ motion, the six cases were consolidated for appeal. Defendants rely on six assignments of error for reversal of their convictions and sentences.
ASSIGNMENTS OF ERROR NOS. 1 AND 3
Defendants contend the trial judge erred in denying their motions to suppress physical evidence. They argue that the seizures were made pursuant to search warrants issued on affidavits which did not recite facts establishing probable cause.
The record reflects that in each case except two, 5 police officers purchased admission tickets at defendant theaters and viewed in their entirety the films that are the subject of these prosecutions. After viewing the films, the officers prepared affidavits in support of the search warrants. The affidavits are fully descriptive, detailing chronologically the “hard-core” sexual conduct portrayed in numerous scenes of the movies. In conclusion, each affidavit states in these or similar words that “throughout (the motion pictures described in this affidavit), exhibition of the genitals and pubic hair as well as the penis in a state of erection are clearly visible. Oral contact including acts of fellatio, cunnilingus and acts of ejaculation are clearly visible. The penetration of the penis into the mouth and vagina is also visible. Breast and breast nipples are also clearly visible.” Based on these affidavits, magistrates issued warrants authorizing searches for and seizures of the films, mechanisms used to display the films and records reflecting ownership and employees of the businesses. The search warrants were duly executed at the theaters, and…
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——————————
ECHOLS v. VIENNA SAUSAGE MFG. CO.
63662.
162 Ga. App. 158 (1982)
290 S.E.2d 484
ECHOLS
v.
VIENNA SAUSAGE MANUFACTURING COMPANY.
Court of Appeals of Georgia.
Decided April 19, 1982.
Frank J. Shannon III, for appellant.
Robert P. Wildau, for appellee.
McMURRAY, Presiding Judge.
In late 1978 or early 1979 George P. Echols, Jr. began a joint business venture with a corporation (Townco, Inc.). The business involved purchases from Vienna Sausage Mfg. Co. on open account. Eventually a corporation was to be formed, and on November 15, 1979, a certificate was issued by the Secretary of State reserving the name of “`CUPIDS, INC.'” (sic) as the name of a proposed domestic corporation. This certificate was to remain effective for a period of four calendar months from the date of issuance and after such time it would be void. On October 15, 1980, another certificate was issued by the Secretary of State reserving, for a period of four calendar months, the name of ” `CUPID’S, INC.'” as the name of a proposed domestic corporation and on October 16, 1980, Cupid’s, Inc. was issued a charter.
During the period from June 1980 through October 1980, Vienna Sausage Mfg. Co. contends it made sales on open account to “CUPID S HOT DG # 1,” “CUPID S # 2” and “CUPID # 5,” that is, making such sales to George P. Echols, individually and doing business as Cupid’s #1, #2 and #5. Prior thereto and on 2/28/79, a customer information form had been executed by George P. Echols, as the owner, for the business name Cupid’s #1. Vienna Sausage Mfg. Co. contends that it required Echols to make a credit application for purchases in which he obtained credit terms for one week. Echols contends that he obtained no individual credit but that all purchases were to be Cupid’s, Inc. in the corporate capacity and that commencing in January 1980 Cupid’s Inc. would be dealing with Vienna Sausage Mfg. Co. in a corporate capacity.
Subsequently, Vienna Sausage Mfg. Co., as plaintiff, brought this action to recover monies due on the account (in reality three separate accounts of “CUPID S HOT DG #1,” “CUPID S #2” and “CUPID #5”) against George P. Echols, individually and doing business as Cupid’s #1, Cupid’s #2 and Cupid’s #5.
The defendant answered denying in general the claim, admitting only jurisdiction and added a defense of corporation by estoppel in that the plaintiff dealt with Cupid’s, Inc., doing business as Cupid’s Hot Dogs, a Georgia corporation, and not the defendant Echols.
The case proceeded to trial resulting in a jury verdict. Judgment followed the verdict, and the defendant appeals. Held:
1. The first enumeration of error complains of the denial of defendant’s motion for mistrial when a witness for the plaintiff referred to Mr. Echols as a wealthy man living in an expensive part of town and as “the `Porno King’ of Atlanta” contending that the witness was attempting to inflame the jury against him. Motion for mistrial was denied (outside the jury’s presence). The trial court then instructed the jury to disabuse their minds of any implication by reason of the testimony by the witness that Mr. Echols was a wealthy man and was “the `Porno King’ of Atlanta” since it was hearsay, irrelevant and had nothing to do with this case as to whether or not the defendant owed the plaintiff the money involved in the suit. The court then requested of the jurors whether the statement would color their judgment in the case and whether they felt they could not render a fair verdict based solely upon the evidence. The court then stated it would assume that all of the jury (having remained silent) was putting this aside and that the jury could render a fair verdict based upon the evidence introduced from the witness stand; whereupon the objection (motion for mistrial) based upon the “unfounded remarks made by the witness” was renewed by defendant’s counsel and again overruled in open court. The curative measures in such situations as above is largely a matter of discretion for the trial court, and where proper curative measures are taken no abuse of discretion is shown. The trial court did not err in refusing to grant a mistrial. See Hixson v. Barrow, 142 Ga.App. 65, 68 (4) (234 S.E.2d 805); Patterson v. Castellaw, 119 Ga.App. 712, 717 (2) (168 S.E.2d 838); Avery v. State, 209 Ga. 116, 128 (5) (70 S.E.2d 716).
2. The second enumeration of error alleges it was error for the trial court to disallow the introduction of Exhibit No. 3, a certificate of registration for sales tax (exemption) with the Georgia Department of Revenue, defendant having testified that he had given that tax number to the plaintiff, the court holding it lacked relevancy unless it was shown that the plaintiff had called the Department of Revenue and asked them whose name it was in. Defendant contends the exhibit was relevant to show that the plaintiff was dealing with Cupid’s, Inc., doing business as “Cupid’s Hot Dogs Unit No. 1 through 5,” seeking to show that the business operation by and between the parties involved at all times Cupid’s, Inc., and not the defendant individually.
First of all, the record does not disclose the exhibit so as to establish its contents, and we have no way of ascertaining its relevance here. The defendant argues that the general rule is that a person who contracts or deals with a corporation as such will be
estopped to deny its corporate existence in an action arising out of or involving the contract, citing Cahoon v. Ward, 231 Ga. 872, 875 (204 S.E.2d 622). In that case the Supreme Court discussed the doctrine of corporation by estoppel holding that it was still viable in Georgia under Code Ann. § 22-5103 (Ga. L. 1968, pp. 565, 818), that is, the existence of a corporation, claiming a charter under color of law, cannot be collaterally attacked by persons who have dealt with it as a corporation and such persons are estopped from denying its corporate existence. The court also therein set forth that de facto corporations had been eliminated in this state, that is, the certificate of incorporation by the Secretary of State now conclusively establishes the evidence of incorporation of domestic corporations and Code Ann. § 22-204 (Ga. L. 1968, pp. 565, 578) makes persons assuming to act as a corporation before their certificate of incorporation has been issued jointly and severally liable for all debts and liabilities arising in assuming to act as a corporation before the issuance of the certificate of incorporation. Therefore, not only for the reason that we do not have the exhibit for consideration of this enumeration of error, we also note that the corporation here did not come into existence until October 16, 1980, and it thus appears that the corporation Cupid’s Inc. was not in existence at the time that most, if not all, of the transactions in question in the case sub judice took place. Under those circumstances, the doctrine of corporation by estoppel could not be applied to those purchases there being no corporation in existence during those periods. See the recent case of Don Swann Sales Corp. v. Echols, 160 Ga.App. 539, 542 (287 S.E.2d 577). We find no merit in this complaint inasmuch as the sales (purchases) seemingly have occurred prior to the incorporation.
3. The remaining enumeration of error contends that the trial court erred in instructing the jury that if the plaintiff proves by a preponderance of the evidence that the plaintiff dealt with Echols and extended credit to him in his individual capacity, then in that event, the plaintiff would be entitled to recover and the jury would be authorized to so find. Under the statutory law shown above in Code Ann. § 22-204, supra, we do not find the charge as given to be burden shifting as the defendant contends. Based upon the evidence presented in this case the charge was unobjectionable as an abstract principle of law. See Byrd v. Brand, 140 Ga.App. 135 (230 S.E.2d 113). Where a purported corporation is not a valid existing corporate entity, an agent for such non-existent entity is bound for his purchases on an open account. See Patterson v. Duron Paints of Ga., Inc., 144 Ga.App. 123 (240 S.E.2d 603); Don Swann Sales Corp. v. Echols, 160 Ga.App. 539, 542, supra.
Judgment affirmed. Banke and Birdsong, JJ., concur.
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The opening battle in the war between the Love Shack and the City of Johns Creek was held today before Johns Creek hearing examiner Gregory Jay. The hearing was held after the Love Shack was denied a “regular” business license.The gist of Mr. Cornetta’s, owner of the Love Shack, arguments are:The Love Shack is being singled out for “special treatment” by stalling and refusing to issue a business license.
The City of Johns Creek’s “sexually oriented business ordinance is probably unconstitutional anyway”.
The first point is interesting because the City of Johns Creek did not stall and met all statutory time requirements in denying a “regular” (i.e. non-adult business) business license. The one who was stalling is Mr. Cornetta, who took since November 29 to actually apply for a business.At the time of opening, Mr. Cornetta said that the Fulton County code gave him 30 days to apply for a business license after opening. Given that Mr. Cornetta stayed open past the 30 days and did not apply for a business license until early March, means that he was the one stalling.Mr. Cornetta has not been being singled out for different treatment. As far as we can tell the Love Shack is the only adult business in the City of Johns Creek that is operating illegally. If another adult business tries to open in a commercial zone (or within 1,000 feet of a residential community), they would be also be denied a “regular” business license.As for Mr. Corrnetta’s second argument, the City of Johns Creek hired probably the best attorney in the country for writing these type of ordinances. Attorney Scott Bergthold (along with city attorneys) have put together a state of art adult business ordinance that can withstand challenges in federal court.In addition, the argument that something “might” be unconstitutional means nothing until the ordinance is held to be so by the courts. In effect the ordinance is legal until the ordinance has been found unconstitutional by the courts. Since the ordinance has not been “tested” in court, the argument at this time has no merit.Given the weak arguments that Mr. Cornetta and his attorney Cary Wiggins have made, it seems that they are just going through the motions at this time. It it likely that at some time in the future, they will challenge the constitutionality of the City of Johns Creek’s adult ordinances. This would be the only legal basis they could have to move forward, since they have not cited any other legitimate legal basis to fight the City of Johns Creek.One other thought is that Mr. Cornetta and his attorneys may be just going through the motions with the City of Johns Creek, but the real battle they are fighting is against Fulton County. See our March 1 post and March 18 post for more details on the on going legal battle with Fulton County.Mr. Cornetta is still trying to appeal his loses against Fulton County and try to get a judge to order Fulton County to issue him a business license. If this happens Mr. Cornetta would then claim that he was a “legal pre-existing business” and should not be subject to the stricter City of Johns Creek ordinance.Since a federal Judge already determined that Mr. Cornetta was operating an adult business and that Fulton County did not have to grant him a regular business license, this will be a hard case to win. In the event that Mr. Cornetta prevails against Fulton County, he would still be subject to the City of Johns Creek “amortization” clause, which only allow him to be in business for one year.Look for the hearing examiner to rule in favor of the city and for Cornetta to appeal to the courts.The following is the AJC article in full:Love Shack challenges Johns CreekThe city of Johns Creek has targeted the Love Shack for special treatment by stalling and refusing to issue a business license that the adult video store is entitled to, said the Love Shack’s lawyer in an administrative appeal hearing Monday.What’s more, the city’s sexually oriented business ordinance is probably unconsitutional anyway, said the attorney, Cary Wiggins.Pshaw, said the city’s attorney, Scott Bergthold. The Love Shack is an adult video store any way you look at it, he said, and therefore is subject to the city’s adult entertainment and zoning ordinances. Besides, a federal judge said so and said in January that it was operating illegally then.Those arguments on Monday came in Round One in the long-expected showdown between Johns Creek and the Love Shack, a 10,000-square-foot adult-themed shop in the heart of the new city. The administrative hearing officer, Gregory Jay, will make a decision by April 20.John Cornetta, owner of the adult video store chain, applied for a business license with the new city in January.But in a March 8 letter, the city denied Cornetta’s application and accused him of falsifying his application.“The city’s business license application form asks ‘Will your business be an adult business establishment [sexually oriented business] . . . You responded in the negative,” wrote City Manager John Kachmar. “This is materially false . . . “The letter goes on to say that the Love Shack is not authorized to operate at its location at Jones Bridge and State Bridge roads, and recalls that a judge found that the business was operating illegally.Cornetta appealed.Johns Creek Mayor Mike Bodker said in an interview that means Love Shack owner John Cornetta must:• comply with the law and stop selling adult material;• ask to have the property rezoned;• move to a location where adult businesses are allowed.Cornetta says there’s a fourth option — lawsuit.The store, which opened for business on Nov. 29 — without a business license — remains open while it fights with the city.
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Johns Creek says No to Love Shack, Part II
Posted by johnscreek under Johns Creek, Love Shack, The Fight Against Porn
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More information has come out regarding the Love Shack’s business license application with the City of Johns Creek. The Love Shack applied as a regular business and according to this AJC article, explicitly stated that they would not be operating as a adult business establishment under the City of Johns Creek new adult entertainment ordinance.The AJC article quotes, Johns Creek city manager John Kachmar’s letter to the Love Shack:“The application contains materially false information,” said a March 8 letter fromCityManagerJohnKachmartoCornetta. “The city’s business license application form asks ‘Will your business be an adult business establishment [sexually oriented business] . . . You responded in the negative. This is materially false . . . “According to the AJC article,MayorBodker has given the Love Shack three choices:• comply with the law and stop selling adult material;• ask tohavethepropertyrezoned;• move to a location where adult businesses are allowed.The owner of the Love Shack, Mr.Cornetta says there’s a fourth option — lawsuit.“They’re picking on the wrong gunslinger,”Cornetta said.Cornetta’s attorney, Cary Wiggins, said the finding may be a precursor to an effort by the city to padlock the store, which has stirred passions and controversy since it opened Nov. 29, just before the newly incorporated city became a functioning legal entity on Dec. 1.“This means they’re either not going to tax us, or try to shut us down,” he said. “And I don’t think they’re going to let us operate for free.”The AJC article then goes on to give details on going case between the Love Shack and Fulton County:Cornetta is still in federal court trying to fight Fulton County for denying him a business license. Cornetta claims the store’s inventory met the county guidelines for a regular business license, but the county refused. The county won some hollow victories in court — the judge ruled in its favor and then stayed the orders, allowing the business to stay open. Now that Johns Creek is a functioning legal entity, the county is washing its hands of the matter.Wiggins said Cornetta sought a business license from Johns Creek in an effort to comply with the law.“That’s just good practice,” he said. “When you go to court to claim you’ve been harmed, the judge is going to ask, ‘Well, did you try?’ “The case will go to appeal before a hearing on April 2nd before a hearing examiner.Questions that will need to answered:What makes Mr. Cornetta think that he will be able to get a regular business under the Johns Creek adult entertainment ordnance, when he could not get one under the less strict Fulton County ordinance?
What impact will the Federal court case between the Love Shack and Fulton County have on the Love Shack’s legal fight against the City of Johns Creek?
Closing ThoughtsBesides this being a legal battle between some of the countries best adult entertainment attorneys, it has become a test of the will between Mayor Bodker and Mr. Cornetta. One is a rising political star, the other the porn king of Atlanta. Two strong personalities and successful businessmen going toe to toe. This will be an interesting battle to the end.Of course we believe that the City of Johns Creek (and their super attorney Scott Bergthold) will prevail in the end, but it does make for good drama.March 14, 2007
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