⚖️ Legal Update XVI: PLEASE! Take Judicial Notice

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⚖️ Legal Update XVI: PLEASE! Take Judicial Notice
February 2, 2021

This update reflects analysis of the latest information we have in the two lawsuits in which the Club is known to remain entangled (we continue to monitor the Court web site for any new cases but have not seen any as of this writing). This newsletter covers an extremely unusual nexus between these two ongoing cases involving allegations of dishonest conduct by the Club’s attorney, Mr. Edward Holodak.

Borer vs. Pompano Senior Squadron Flying Club, Inc.

Although it has been three weeks since the Small Claims Court trial on January 11, 2021 in the lawsuit by former member Steven Borer against the Club, the Judge has still not ruled, nor has the Court made any filing to explain why it is taking so long or what else is to come. This should be a “slam dunk” case. The Club did not produce records that Borer had requested them to produce at trial. Instead, the Club’s attorney made several statements and claims as to why the Club had not produced the documents, statements we now know were demonstrably false. Even worse, the Club President, Greg Gilhooly, sat there in silence taking no action to correct the record. Apparently taken in by these allegedly “inadvertent” statements, the Judge gave the Club yet another chance to provide documentary proof of their claims after the trial. The Judge made it clear to the Club that she wanted to see the Board meeting minutes and bank records supporting Greg Gilhooly’s sworn testimony that some members had received their refunds in 2018 and some members had not. The Judge wanted to know what the criteria was, “why were select members given their refunds and select members not given their refunds?” The Judge said that the records the Borer’s had requested to be produced at trial, which she was now ordering the Club to produce, was important evidence that was “going to make a very big difference” in her ruling. Three weeks later, the Club has still failed to produce the requested evidence. [Read More...]

Pompano Senior Squadron Flying Club, Inc. vs. Carl L. Kennedy, II

Several filings were made over this past weekend but added to the case docket on Monday, February 1, 2021. Carl Kennedy filed a Motion to Vacate, Alter or Amend, for Reconsideration and for Sanctions, in which he asked the Judge, accompanied by numerous exhibits, to vacate the Judge’s January 19, 2021 order dismissing Kennedy’s Motion for Contempt filed on December 11, 2021. The general theme that Kennedy put forth is that the Judge should reconsider and vacate his January 19, 2021 Order because the Club’s attorney had allegedly engaged in a pattern of dishonesty in this case, and also in the case of Borer vs. Pompano Senior Squadron Flying Club, Inc. In his Motion to Vacate, Kennedy documented a series of alleged unethical actions by the Club’s attorney, Edward Holodak. Kennedy said the Club’s attorney had been “lying, withholding documents and information” in response to his discovery and interrogatories, and was also lying to other Judges in his representation on behalf of the [Club].” Kennedy continued, “Holodak’s unethical litigation practices, and (respectfully) the Court’s unawareness of or refusal to acknowledge them, are preventing [Kennedy] from presenting a proper defense on [his] own behalf.” Kennedy even included an affidavit from Steven Borer, Plaintiff in the aforementioned case. [Read More...]

Officer of the Court

Although we believe Carl Kennedy’s allegations of misconduct on the part of the Club’s attorney have merit, we would be remiss in not also commenting on the condescending and patronizing tone that Mr. Holodak often displays in cases when opposing pro se litigants. In Kennedy’s case alone, Mr. Holodak has made numerous filings that display a not-too-subtle holier-than-thou attitude in which he berates Kennedy, and seems to even be trying to school the Judge, just because Kennedy is representing himself pro se and Holodak feels Kennedy’s filings sometimes do not meet lawyerly standards. [Read More...]

Subverting the Rules Regulating Florida Bar

The Rules Regulating The Florida Bar are approved by the Supreme Court of Florida. They establish the authority and responsibility of The Florida Bar, an organization charged with ensuring that lawyers admitted to The Florida Bar maintain their membership pursuant to the Rules. In addition to Holodak’s alleged dishonesty summarized by both Kennedy and Borer, we think it is appropriate to note a few provisions found in the Preamble to Chapter 4, Rules of Professional Conduct. We provide these excerpts because they also relate to additional allegedly improper conduct by Edward Holodak in representing the Club. [Read More...]

Conclusion

Whether or not the Judge in the Club vs. Kennedy hears oral arguments or testimony on Kennedy’s motion, it seems that Kennedy and Borer have both raised and documented serious professional misconduct issues regarding the Club’s attorney. It will be interesting to see how the Judges in both cases react. Whatever happens in the Courts, Club members (shareholders) should have seen enough by now to make clear that Greg Gilhooly and his fellow officers have wasted tens of thousands of dues dollars paying an attorney to angrily attack current and former members, when those same tens of thousands of dues dollars could have been used for the betterment of the Club and to establish a reasonable schedule to refund all outstanding refunds of Membership Fees due to former (and current!) members, and to honor other debts.

We will continue to update the litigation pages on this web site as we learn more, but please continue to let us hear from you at newsletter-feedback@pompanobeachflyingclub.info. Below are some quick links to the main areas of our web site.

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