Some divorce cases are complete nightmares. Especially ones were one side has counsel and the other is pro per se. I really feel for husband’s counsel in this case who must have had their patience tested all throughout. The original case was filed in 2005. This decision was published today (2/23/12), seven years later. In the end, the wife is deemed to be a “vexatious litigant” by the state and is sanctioned for several different reasons. She is sanctioned among other things for “a postjudgment order awarding sanctions against her for appealing an order awarding sanctions against her.” Oh, the irony. The wife also served process on her husband (even though a non-party needs to) and forged the signature of a made up person on the proofs of service. And got caught. She also feigned illness trying to get a continuance and when it didn’t work, walked out of court.
The transcript when she feigns illness follows:
THE COURT: Why don’t you have a seat, please.
KATHEY: I’m extremely ill, and as a matter of fact I’m taking some nitroglycerin right now. And I would appreciate it if the Court could continue this, because I cannot continue. I’d like to take this pill and then call 911.
THE COURT: Would you have a seat, please, Ms. Fyke.
KATHEY: In a minute.
THE COURT: Would you have a seat, please, Ms. Fyke.
KATHEY: Can you give me a minute to take this, please.
THE COURT: Ms. Fyke, I would like you to have a seat, please. Would you do that “ KATHEY: Can you give me ten seconds?
THE DEPUTY: Ms. Fyke, would you please have a seat.
KATHEY: Just a minute, Your Honor. I just dropped the pills.
THE COURT: Ms. Fyke, I would like you to sit down, please.
KATHEY: I will. I will, Your Honor.
THE DEPUTY: Ma’am, could you please have a seat.
THE COURT: Ms. Fyke.
KATHEY: I need to take a pill.
THE COURT: You can sit down.
KATHEY: They’re all falling out.
THE DEPUTY: Please sit down. Sit down and clean it up, please.
KATHEY: Your Honor, I need to go. I need to–I’m–I apologize. I’m not feeling well. I’m in distress right now. I‟m supposed to call 911. Could I please–I‟m not feeling well. My doctor gave you her phone number if you wanted to confirm with her. I don‟t understand why I had to be drugged sic through this. I had a lot–
THE COURT: This is a hearing on the Respondent’s motion to continue the trial.
KATHEY: And I should have—
THE COURT: Is that matter submitted?
MS. YATES-CARTER: Yes, Your Honor.
KATHEY: And I should have an opportunity to, um, to address it and deal with–and I gotta go, Your Honor. I’m sorry.
THE COURT: Do you–
KATHEY: Can I please be excused?
THE COURT: Do you want to submit this matter for decision?
KATHEY: No. I’ve got other information I wanted to share with you about the status of the computer.
THE COURT: Could we have the parties sworn, please.
THE CLERK: Please stand and raise your right hand.
KATHEY: I‟m not doing this, Your Honor. I’m sorry. I’ve asked for whatever is there, um, I apologize, um, I can’t. You’re welcome to call my doctor, but I, um, I’m having severe chest pains. The nitro’s not kicking in and, um, I need to go take care of this. I apologize.
THE COURT: Okay. Can I–can I get–Ms. Fyke.
KATHEY: Could you–do you have emergency–
THE DEPUTY: Are you telling me you have chest pains right now, strong chest pains?
KATHEY: The nitro didn‟t–
THE DEPUTY: Would you like me to call 911? I don‟t want you to fall over. Sit down.
THE COURT: Ms. Fyke, would you cooperate, please cooperate with the Deputy and sit down. Ms. Fyke, cooperate with the Deputy and sit down.
THE DEPUTY: Do you want me to call emergency medical assistance, 911? Ms. Fyke, do you need emergency medical assistance?
KATHEY: I want to call my doctor.
THE DEPUTY: Do you want me to call 911, yes or no?
KATHEY: I’m sorry. I’m not doing this. I’m sorry.‟
The transcript then reflects that Kathey left the courtroom
On May 7, 2008, Judge Lucas issued an order denying Kathey’s motion to continue the trial. In her order, Judge Lucas noted that neither of the physician’s notes Kathey provided prior to the hearing date included any information concerning physical or other limitations that would preclude Kathey’s participation.
