S09.E23: Reunion Part 3

[phoenix780]

1 hour ago, HunterHunted said:

As for other things, I could have done without Kandi's barrage of "were we fucking?" I get that she was upset and over these jerks, but it was jarring hearing it over and over again.

I wonder if that wasn't a little calculated on Kandi's part, at least to this point, because nothing undermines the images Porsha/Phaedra have cultivated quite as much as hearing about all of this in crass, explicit terms.  Repeatedly.  Even if I've thought of Phaedra as fake and Porsha as, well, the fool, I didn't really think of them as vulgar until this point.  

It was a little much for 8pm on a Sunday for me too, though.  Then again, I've watched Game of Thrones and Walking Dead around this time, so...I need to figure out why this would seem somehow worse.  

[RealReality]

38 minutes ago, Rlb8031 said:

She won't get sanctioned for that. 1) The papers were prepared by her attorney who is the responsible party for the contents of the document. While Phaedra may have been responsible for reviewing them, ultimately the attorney whose name is on the motions is responsible for the content; 2) I don't recall spelling of names to be material such that they would vacate an order - you'd just need to correct and resubmit

She was granted a divorce by default because Apollo couldn't be served.  She misled the court by making it seem like he was at a normal address instead of in prison.  Which means that there was no way he was getting those papers if his name was spelled wrong.  And he didn't have access to any of the other means of notice.

This was part of the basis for the "material misrepresentation" allegation.  

Since it was granted on default the normal procedure AFAIK is to set it aside and listen to evidence from both sides.

[bichonblitz]

Lil' Miss Porsha sure has come a long way from her first season when she portrayed herself as the devoted, doting, loving and obedient wife to whatshisname who only ever wanted to please her man. I wonder if she started dipping in the lady pond after the divorce or did that all along but wanted to hide it because it didn't fit in with what she wanted people to believe. What a phony. 

If Nene does come back, I would love to see her get in to it with Shemea. Oh lort, that would be some epic fighting right there. Nene might be louder but Shemea has the words that will cut a bitch! 

Edited May 1, 2017 by bichonblitz

[Jamie Satyr]

44 minutes ago, Jextella said:

Porsha may be uneducated but I don't think she's inherently dumb (although she's no rocket scientist).  She's naive and inexperienced more than anything.  

Normally that would be enough for me to move on, but Porsha's too old to be such a malicious "mean girl" spreading gossip and lies! Since she's calling herself a journalist, all the more reason I believe people like Kandi have a legitimate claim on her arse if she decides to sue! "Andy, I'm gonna need a copy of this tape to use as evidence of this b!tch's complicity in trying to tarnish my good name! Ain't no stupid HO like Porsha gonna get away with that $#!t as long as I'm alive!" ;-)

[Rlb8031]

Just now, RealReality said:

She was granted a divorce by default because Apollo couldn't be served.  She misled the court by making it seem like he was at a normal address instead of in prison.  Which means that there was no way he was getting those papers if his name was spelled wrong.  And he didn't have access to any of the other means of notice.

This was part of the basis for the "material misrepresentation" allegation.  

Since it was granted on default the normal procedure AFAIK is to set it aside and listen to evidence from both sides.

Again, if all of those actions are true, that would be the responsibility of her lawyers who filed the papers. They certainly knew that he was in jail. Also, in some states (I'm not sure if this is true in GA...) once someone is represented by counsel, service can be made upon their representative. Even if they couldn't send to the representative, you can perfect service via certified mail including when someone is in jail. Failure to appropriately serve is again not the client's fault, but the attorney. Unless Phaedra agreed to serve him herself and then lied on the affidavit of service, there is no way that any of this comes back on her directly, rather than on the person who was being paid to represent her. As far as I know she never represented herself in her divorce, so there is absolutely no way that she gets tagged for any of this unless she lied in her affidavit in support of the motion.

[RealReality]

10 minutes ago, Rlb8031 said:

Again, if all of those actions are true, that would be the responsibility of her lawyers who filed the papers. They certainly knew that he was in jail. Also, in some states (I'm not sure if this is true in GA...) once someone is represented by counsel, service can be made upon their representative. Even if they couldn't send to the representative, you can perfect service via certified mail including when someone is in jail. Failure to appropriately serve is again not the client's fault, but the attorney. Unless Phaedra agreed to serve him herself and then lied on the affidavit of service, there is no way that any of this comes back on her directly, rather than on the person who was being paid to represent her. As far as I know she never represented herself in her divorce, so there is absolutely no way that she gets tagged for any of this unless she lied in her affidavit in support of the motion.

Not if she gave them the wrong spelling.  You are allowed to trust your client.  The question isn't whether they knew he was in jail, it was what was presented to the court, or what she directed her attorneys.

Her divorce attorney may not have had any idea Apollo was in jail.  You are allowed to trust what a client tells you.  You don't have to investigate their honesty.

The problem is service to a jail is if the name isn't right the person cannot be found and therefore cannot be served by mail.  When mail comes back undeliverable you get judgment by default.  Which is why the wrong name in such a situation can be a material misrepresentation.

[Jamie Satyr]

2 minutes ago, RealReality said:

Not if she gave them the wrong spelling.  You are allowed to trust your client.  The question isn't whether they knew he was in jail, it was what was presented to the court, or what she directed her attorneys.

Her divorce attorney may not have had any idea Apollo was in jail.  You are allowed to trust what a client tells you.  You don't have to investigate their honesty.

The problem is service to a jail is if the name isn't right the person cannot be found and therefore cannot be served by mail.  When mail comes back undeliverable you get judgment by default.  Which is why the wrong name in such a situation can be a material misrepresentation.

...and we all know how shady Phaekdra can be! She probably knew exactly what she was doing! I wouldn't put ANYTHING past Mrs. Parks-Nida! ;-)

Edited May 1, 2017 by Jamie Satyr

[RealReality]

3 minutes ago, Jamie Satyr said:

...and we all know how shady Phaekdra can be! She probably knew exactly what she was doing! I wouldn't put ANYTHING past Mrs. Parks-Nida! ;-)

Or Mrs parrrks-needa, or Mrs parks-nidda, or Mrs parks-olestra.

[Jextella]

So, I've sort of lost track of the divorce situation with Phaedra.  Seems she delayed it and then snuck it in??? Why the delay (or am I misremembering) and why sneak it in (to avoid Apollo being able to contest it?).

[RealReality]

2 minutes ago, Jextella said:

So, I've sort of lost track of the divorce situation with Phaedra.  Seems she delayed it and then snuck it in??? Why the delay (or am I misremembering) and why sneak it in (to avoid Apollo being able to contest it?).

She misspelled his name/made it sound like he wasn't in prison so he wouldn't respond and she could be granted a divorce by default. 

I'm not sure when Apollo got representation, but I could see a situation where he wasn't represented, thinking they could come to a settlement.  

[Jamie Satyr]

People were talking about how obscene this reunion has been talking about "eating it" and "fk'n!" The show is playing now and it's still broad daylight! This episode was rough with all concerned; Shamea getting her licks in there on Miss Parks-Nida! ;-)

[LIMOM]

31 minutes ago, RealReality said:

Not if she gave them the wrong spelling.  You are allowed to trust your client.  The question isn't whether they knew he was in jail, it was what was presented to the court, or what she directed her attorneys.

Her divorce attorney may not have had any idea Apollo was in jail.  You are allowed to trust what a client tells you.  You don't have to investigate their honesty.

The problem is service to a jail is if the name isn't right the person cannot be found and therefore cannot be served by mail.  When mail comes back undeliverable you get judgment by default.  Which is why the wrong name in such a situation can be a material misrepresentation.

There is no way that her divorce attorney is not aware that Appolo is away at camp, imo.

[RealReality]

1 minute ago, LIMOM said:

There is no way that her divorce attorney is not aware that Appolo is away at camp, imo.

Why do you say that?  It may seem obvious to us, but not everyone watches or cares about this show.  

I cant remember if the lady she met with on t.v. referenced it at all.  Or if that was the attorney that actually did the filing.

[HunterHunted]

11 minutes ago, Jextella said:

So, I've sort of lost track of the divorce situation with Phaedra.  Seems she delayed it and then snuck it in??? Why the delay (or am I misremembering) and why sneak it in (to avoid Apollo being able to contest it?).

Phaedra's real issue is that she wanted to keep it private. Divorces are public in Georgia.

Phaedra did sit on it for awhile. I think because we were all expecting her to file as soon as Apollo went to prison. So she waited until interest died down. She had her divorce filed using their middle names and a misspelled version of their last name. No effort was made to indicate that Apollo was in prison (like including bureau of Corrections number on the envelope) when notice was sent. I think she was a tiny bit concerned that  he'd contest, but more concerned that the public would know the details of her marriage.

[cooksdelight]

10 minutes ago, RealReality said:

Why do you say that?  It may seem obvious to us, but not everyone watches or cares about this show.  

I cant remember if the lady she met with on t.v. referenced it at all.  Or if that was the attorney that actually did the filing.

It was all over the Atlanta TV news, newspaper, etc. Everybody knew about Apollo Nida due to him stealing money from Delta Airline employees. THAT gets attention in Atlanta, Delta's home.

[LIMOM]

4 minutes ago, cooksdelight said:

It was all over the Atlanta TV news, newspaper, etc. Everybody knew about Apollo Nida due to him stealing money from Delta Airline employees. THAT gets attention in Atlanta, Delta's home.

Plus Phaedra being a somewhat well known attorney, it would have been known in the legal community, imo.

[RealReality]

3 minutes ago, LIMOM said:

Plus Phaedra being a somewhat well known attorney, it would have been known in the legal community, imo.

Not particularly.  I'm in the legal community and I really don't care what other well known attorneys are doing.

As for the newspaper, who even reads those anymore?  My parents are literally the only people I know who get the local paper.  And I'm not sure they read the local section.

12 minutes ago, cooksdelight said:

It was all over the Atlanta TV news, newspaper, etc. Everybody knew about Apollo Nida due to him stealing money from Delta Airline employees. THAT gets attention in Atlanta, Delta's home.

Given the prevalence of cable news how many people are watching local news.  I don't even have cable and I watch cnn live feed on youtube versus local news.  I'm not saying no one knows but assuming that local news coverage or entertainment section coverage would put the world on notice may not be true.

[LIMOM]

So if one of your colleagues were to come to you for advice, you would not even google the person?

[RealReality]

1 minute ago, LIMOM said:

So if one of your colleagues were to come to you for advice, you would not even google the person?

 LOL, goodness no.  It's not in my nature to Google everyone I meet, counsel or talk to.  And I can't imagine an attorney in a busy practice googling every client.  If for no other reason than you shouldnt want to approach a client with bias.  

[WireWrap]

I don't get why people think/assume Apollo was not properly notified. He told Todd/Peter that he knew about Phaedra filing but disputed her claim that the divorce was "final". In other words, Apollo knew and waited until the last minute to fight it in order to get a bigger cut of her assets. Yes, Phaedra was shady using middle initials and misspelling their last name but Apollo knew all about it.

[LIMOM]

11 minutes ago, RealReality said:

 LOL, goodness no.  It's not in my nature to Google everyone I meet, counsel or talk to.  And I can't imagine an attorney in a busy practice googling every client.  If for no other reason than you shouldnt want to approach a client with bias.  

Interesting, I would think lawyers by the nature of their business would be information oriented...

[RealReality]

2 minutes ago, LIMOM said:

Interesting, I would think lawyers by the nature of their business would be information oriented...

Yes, but most want relevant and accurate information.  And not inflammatory information that would color you against your own client.  Or at least that's not what I would want.  And there are a lot of ways to get the information you need to defend a case beyond what is in the news, your own investigation ostensibly should lead you to relevant information.

[Mariareads]

8 hours ago, LIMOM said:

Andy enjoying every minute of Kandi's breakdown. 

I have not been able to stand him for at least the last 2 years. He's making bucks while these women make fools of themselves and he loves every minute. He's so typical of the industry. Cares about money and  his 15 minutes of HW fame. And it will be 15 minutes because the tide will turn and HW's "reality" shows will be a  thing of the past. I just don't like him. I never watch WWHL anymore. It sucks.

[RealReality]

7 minutes ago, WireWrap said:

I don't get why people think/assume Apollo was not properly notified. He told Todd/Peter that he knew about Phaedra filing but disputed her claim that the divorce was "final". In other words, Apollo knew and waited until the last minute to fight it in order to get a bigger cut of her assets. Yes, Phaedra was shady using middle initials and misspelling their last name but Apollo knew all about it.

Knowing about the divorce doesn't mean he was properly notified of the process.  

If your spouse comes to you and says I'm filing for divorce, but you never get any paperwork or your spouse says "you know let's work to reach a settlement without the expense of court" and the next thing you know you find out a judgment has been entered without your knowledge...yeah you just got played.

It doesn't at all necessarily mean he "waited until the last minute" if he had no idea that a hearing date was on the books because he wasn't properly served. 

Which is why he is now able to contest the divorce.  You have to show good cause as to why you didnt answer or show up or respond to get out of a default judgment.  It seems like she maybe told him, but never served him with the filing....it would make sense that she told him they would wait to file until they reached a settlement so it would be uncontested.  And then went behind his back and did...what she did.

AFAIK if a person ever responds to the paperwork they are properly served with you cannot seek judgment by default.  

None of those situations constitute proper notice.  Shady people like Phaedra are part of the reason the court requires a proper procedural notice.

[Jamie Satyr]

1 minute ago, Mariareads said:

I have not been able to stand him for at least the last 2 years. He's making bucks while these women make fools of themselves and he loves every minute. He's so typical of the industry. Cares about money and  his 15 minutes of HW fame. And it will be 15 minutes because the tide will turn and HW's "reality" shows will be a  thing of the past. I just don't like him. I never watch WWHL anymore. It sucks.

If not for the glamor aspect of the show, it's just one step below RuPaul's Drag Race! Maybe Andy can suggest challenges to win to get the "most say" at the reunion! ;-)

[LIMOM]

51 minutes ago, RealReality said:

Yes, but most want relevant and accurate information.  And not inflammatory information that would color you against your own client.  Or at least that's not what I would want.  And there are a lot of ways to get the information you need to defend a case beyond what is in the news, your own investigation ostensibly should lead you to relevant information.

And thus, be aware of the incarceration of one of the party.

47 minutes ago, Mariareads said:

I have not been able to stand him for at least the last 2 years. He's making bucks while these women make fools of themselves and he loves every minute. He's so typical of the industry. Cares about money and  his 15 minutes of HW fame. And it will be 15 minutes because the tide will turn and HW's "reality" shows will be a  thing of the past. I just don't like him. I never watch WWHL anymore. It sucks.

Yep, while Kandi was balling, he looked amused.

I hope that his new show on FOX tanks and I am delighted that Seacrest got the job with Kelly!

He has a right to make a living but his contempt toward the housewives is reprehensible, imo.

bitch , they are your bread and butter...

46 minutes ago, Jamie Satyr said:

If not for the glamor aspect of the show, it's just one step below RuPaul's Drag Race! Maybe Andy can suggest challenges to win to get the "most say" at the reunion! ;-)

At least Rupaul appreciate the talent!

[Jextella]

1 hour ago, HunterHunted said:

Phaedra's real issue is that she wanted to keep it private. Divorces are public in Georgia.

Phaedra did sit on it for awhile. I think because we were all expecting her to file as soon as Apollo went to prison. So she waited until interest died down. She had her divorce filed using their middle names and a misspelled version of their last name. No effort was made to indicate that Apollo was in prison (like including bureau of Corrections number on the envelope) when notice was sent. I think she was a tiny bit concerned that  he'd contest, but more concerned that the public would know the details of her marriage.

Thank you! This make sense to me.

[RealReality]

29 minutes ago, LIMOM said:

And thus, be aware of the incarceration of one of the party.

Beyond the need for service it's entirely likely that the fact a party is currently in prison won't matter.  Especially in a no fault state.  

You should be able to ask your client, trust the response and move on.  There is no need to Google a name and address when your client willingly gives it to you.  And isn't he in prison in North Carolina?  If someone gave a North Carolina address why should an attorney be on notice that it's a prison?

Beyond service, the divorce filing shouldnt require anything from Google that you can't get from your client. 

Even if you take needless bias out of the equation, i don't know any attorney who is googling clients that walk through the door to make sure the basic information like names and addresses are correct. It would be unnecessarily time consuming.   Attorneys can look at clients with a jaundiced eye, but to distrust a client so much that you can't trust them to give you the right name and address isn't something I've ever encountered. 

2 hours ago, HunterHunted said:

Phaedra's real issue is that she wanted to keep it private. Divorces are public in Georgia.

Phaedra did sit on it for awhile. I think because we were all expecting her to file as soon as Apollo went to prison. So she waited until interest died down. She had her divorce filed using their middle names and a misspelled version of their last name. No effort was made to indicate that Apollo was in prison (like including bureau of Corrections number on the envelope) when notice was sent. I think she was a tiny bit concerned that  he'd contest, but more concerned that the public would know the details of her marriage.

I believe you can seek leave to file under seal with the court if privacy is a concern.

So, to me, the biggest reason to seek divorce by default is to get what you want without a fight.  And, you would have to file paperwork with the court to set aside a default judgment, which can be timely and costly.  

Edited May 1, 2017 by RealReality

[cooksdelight]

This should be Frick and Frack's logo art:

[zoeysmom]

7 minutes ago, RealReality said:

You should be able to ask your client, trust the response and move on.  There is no need to Google a name and address when your client willingly gives it to you.

Beyond that, the divorce filing shouldnt require anything from Google that you can't get from your client.

I believe you can seek leave to file under seal with the court if privacy is a concern.

So, to me, the biggest reason to seek divorce by default is to get what you want without a fight.  And, you would have to file paperwork with the court to set aside a default judgment, which can be timely and costly.  

There may be another reason,, and this is just a theory, based on something Todd said last night.  Apollo owes about $2 million in restitution, less whatever he has paid to date.  If Phaedra as she claims gave Apollo (or promised him) $100,000.00, that money should go straight to the Feds, pursuant to the plea agreement and Phaedra's subsequent "innocent spouse" exception to the forfeiture of property post conviction.  So little things like misspelling their surname, buys time before Phaedra has to write a check or if she ever intended to write a check.  Todd claims the Feds are still watching.

Phaedra's claims at plausible deniability, there is just no way if her counsel did even a half ass job at the time of intake the identity of Apollo and Phaedra would slip by.  Things like the pre-nup would have their names spelled correctly, even a question as to why their first names weren't used.  It is my understanding the last people courts are likely to grant "confidential" or "under seal" proceedings to are reality stars, with the exception of child custody.  By very virtue of agreeing to have their lives on blast, it would seem contradictory to allow them to proceed in secret. 

So Phaedra may or may not have tried to cheat a bigger force than Apollo with her shenanigans.  My guess is the attorney who represented Phaedra is not necessarily go to take the fall for Phaedra, and hasn't apparently because Phaedra has already given an excuse, albeit flimsy for the name misspelling.  If it were shown the reasons for Phaedra's deception (and she signs various documents claiming they are true and correct) were to fleece the Feds, her attorney will hang her ass out to dry.  Why take the fall for Phaedra?  Not to mention the various acts could trigger a bar complaint.  My guess is most likely Phaedra got an attorney to appear and the attorney was more of a ghost than truly representing Phaedra. 

[WireWrap]

1 hour ago, RealReality said:

Knowing about the divorce doesn't mean he was properly notified of the process.  

If your spouse comes to you and says I'm filing for divorce, but you never get any paperwork or your spouse says "you know let's work to reach a settlement without the expense of court" and the next thing you know you find out a judgment has been entered without your knowledge...yeah you just got played.

It doesn't at all necessarily mean he "waited until the last minute" if he had no idea that a hearing date was on the books because he wasn't properly served. 

Which is why he is now able to contest the divorce.  You have to show good cause as to why you didnt answer or show up or respond to get out of a default judgment.  It seems like she maybe told him, but never served him with the filing....it would make sense that she told him they would wait to file until they reached a settlement so it would be uncontested.  And then went behind his back and did...what she did.

AFAIK if a person ever responds to the paperwork they are properly served with you cannot seek judgment by default.  

None of those situations constitute proper notice.  Shady people like Phaedra are part of the reason the court requires a proper procedural notice.

There is no reason to think he wasn't notified, none, other than speculation, especially in light of what he told Todd/Apollo. He waited until the last minute to contest the divorce, which happens more often than people realize. Especially when 1 spouse wants to hurt/humiliate the other like Apollo loves to do to Phaedra. Don't get me wrong, Phaedra lies as easily as anyone I have ever seen but that doesn't mean that Apollo is or was being played by Phaedra. Apollo even went so far as to send his fiancé to the OLG filming, he enjoys sticking to Phaedra, big time. LOL

5 minutes ago, zoeysmom said:

There may be another reason,, and this is just a theory, based on something Todd said last night.  Apollo owes about $2 million in restitution, less whatever he has paid to date.  If Phaedra as she claims gave Apollo (or promised him) $100,000.00, that money should go straight to the Feds, pursuant to the plea agreement and Phaedra's subsequent "innocent spouse" exception to the forfeiture of property post conviction.  So little things like misspelling their surname, buys time before Phaedra has to write a check or if she ever intended to write a check.  Todd claims the Feds are still watching.

Phaedra's claims at plausible deniability, there is just no way if her counsel did even a half ass job at the time of intake the identity of Apollo and Phaedra would slip by.  Things like the pre-nup would have their names spelled correctly, even a question as to why their first names weren't used.  It is my understanding the last people courts are likely to grant "confidential" or "under seal" proceedings to are reality stars, with the exception of child custody.  By very virtue of agreeing to have their lives on blast, it would seem contradictory to allow them to proceed in secret. 

So Phaedra may or may not have tried to cheat a bigger force than Apollo with her shenanigans.  My guess is the attorney who represented Phaedra is not necessarily go to take the fall for Phaedra, and hasn't apparently because Phaedra has already given an excuse, albeit flimsy for the name misspelling.  If it were shown the reasons for Phaedra's deception (and she signs various documents claiming they are true and correct) were to fleece the Feds, her attorney will hang her ass out to dry.  Why take the fall for Phaedra?  Not to mention the various acts could trigger a bar complaint.  My guess is most likely Phaedra got an attorney to appear and the attorney was more of a ghost than truly representing Phaedra. 

Yet, Bethenny/Jason's custody battle was public where the divorce was private! Sooooo, I don't think this "understanding" holds true. LOL

[LIMOM]

46 minutes ago, zoeysmom said:

There may be another reason,, and this is just a theory, based on something Todd said last night.  Apollo owes about $2 million in restitution, less whatever he has paid to date.  If Phaedra as she claims gave Apollo (or promised him) $100,000.00, that money should go straight to the Feds, pursuant to the plea agreement and Phaedra's subsequent "innocent spouse" exception to the forfeiture of property post conviction.  So little things like misspelling their surname, buys time before Phaedra has to write a check or if she ever intended to write a check.  Todd claims the Feds are still watching.

Phaedra's claims at plausible deniability, there is just no way if her counsel did even a half ass job at the time of intake the identity of Apollo and Phaedra would slip by.  Things like the pre-nup would have their names spelled correctly, even a question as to why their first names weren't used.  It is my understanding the last people courts are likely to grant "confidential" or "under seal" proceedings to are reality stars, with the exception of child custody.  By very virtue of agreeing to have their lives on blast, it would seem contradictory to allow them to proceed in secret. 

So Phaedra may or may not have tried to cheat a bigger force than Apollo with her shenanigans.  My guess is the attorney who represented Phaedra is not necessarily go to take the fall for Phaedra, and hasn't apparently because Phaedra has already given an excuse, albeit flimsy for the name misspelling.  If it were shown the reasons for Phaedra's deception (and she signs various documents claiming they are true and correct) were to fleece the Feds, her attorney will hang her ass out to dry.  Why take the fall for Phaedra?  Not to mention the various acts could trigger a bar complaint.  My guess is most likely Phaedra got an attorney to appear and the attorney was more of a ghost than truly representing Phaedra. 

Gosh, she is a sneaky bitch!

It makes sense that she wants to get away without paying any of her bills.

i wonder if Apollo will ever though her under the bus.

[zoeysmom]

1 hour ago, WireWrap said:

There is no reason to think he wasn't notified, none, other than speculation, especially in light of what he told Todd/Apollo. He waited until the last minute to contest the divorce, which happens more often than people realize. Especially when 1 spouse wants to hurt/humiliate the other like Apollo loves to do to Phaedra. Don't get me wrong, Phaedra lies as easily as anyone I have ever seen but that doesn't mean that Apollo is or was being played by Phaedra. Apollo even went so far as to send his fiancé to the OLG filming, he enjoys sticking to Phaedra, big time. LOL

Yet, Bethenny/Jason's custody battle was public where the divorce was private! Sooooo, I don't think this "understanding" holds true. LOL

I don't think he waited until the last moment, he didn't have notice to contest and when word got back to him it was a default he reacted within the realms of legal process.  Last minute is the difference between 1 day and 30 days to respond.  From what I have read, is Phaedra had a final in July of 2016 and Apollo appealed it, so to speak, and by March of 2017, the final had been overturned.  There are deadlines to appeal and short of fraud they are really hard to overcome. 

Bethenny would be one of the examples I would use as to proceedings being open.  We saw the pertinent part of Bethenny's divorce filing, interim judgments and orders, appeals and finally the custody hearing. Because Bethenny and Jason settled out of court the final terms regarding their financial split weren't public.  I believe in Bethenny's case she failed to ask for closed proceedings or the Court would not grant it.  The other that comes to mind is the Ravenel mess on Southern Charm , initially public and then  under best interest of the child the proceedings were semi-closed.  Tamra Barney, some is open some is closed.

[WireWrap]

2 hours ago, LIMOM said:

Gosh, she is a sneaky bitch!

It makes sense that she wants to get away without paying any of her bills.

i wonder if Apollo will ever though her under the bus.

If you mean that he would claim she was a part of his illegal scam, he would have done it when  he had the chance to get a reduced sentence. I have no doubt that he would have sold her to the feds if he could have.

1 hour ago, zoeysmom said:

I don't think he waited until the last moment, he didn't have notice to contest and when word got back to him it was a default he reacted within the realms of legal process.  Last minute is the difference between 1 day and 30 days to respond.  From what I have read, is Phaedra had a final in July of 2016 and Apollo appealed it, so to speak, and by March of 2017, the final had been overturned.  There are deadlines to appeal and short of fraud they are really hard to overcome. 

Bethenny would be one of the examples I would use as to proceedings being open.  We saw the pertinent part of Bethenny's divorce filing, interim judgments and orders, appeals and finally the custody hearing. Because Bethenny and Jason settled out of court the final terms regarding their financial split weren't public.  I believe in Bethenny's case she failed to ask for closed proceedings or the Court would not grant it.  The other that comes to mind is the Ravenel mess on Southern Charm , initially public and then  under best interest of the child the proceedings were semi-closed.  Tamra Barney, some is open some is closed.

Apollo admitted to Todd/Peter that he knew Phaedra filed for divorce. He disputed her claim that is was a done deal, not that he wasn't notified. LOL

Edited May 2, 2017 by WireWrap

[zoeysmom]

10 minutes ago, WireWrap said:

If you mean that he would claim she was a part of his illegal scam, she would have done it when  he had the chance to get a reduced sentence. I have no doubt that he would have sold her to the feds if he could have.

Apollo admitted to Todd/Peter that he knew Phaedra filed for divorce. He disputed her claim that is was a done deal, not that he wasn't notified. LOL

From what I have gathered it seems that Phaedra gave Apollo some kind of assurance that he would be heard.  At least that is what the Court said when they overturned the final decree.

As to Phaedra and a deal, she did get some consideration, she did not have to forfeit anything.  Apollo's deal was so strange, he basically plead guilty straight away-compare to the Giudices.  I don't see things as unamicable between Apollo and Phaedra, he calls all the time, and Phaedra has said she wants her kids to know Apollo as their father.  http://pagesix.com/2017/05/01/why-phaedra-parks-is-staying-mum-on-messy-divorce/  Granted enter another man, things might change as Apollo is still three years away from release.  I believe what Phaedra wanted was for the others' to eschew Apollo and keep her relationship with him intact.  I don't blame Phaedra for being really, really angry with Apollo for his illegal doings but she can't have it both ways and expect the others' to shun him and keep her relationship "special".  As always it comes down to money.

[howiveaddict]

20 hours ago, zoeysmom said:

I believe it is a Cease & Desist letter.  I don't think there was a court order. 

No, its a cyst and decease.

[Rosiejuliemom]

17 minutes ago, howiveaddict said:

No, its a cyst and decease.

I thought it was only a cyst and decease if you threw it at the other person and then added some of this:

 

Edited May 2, 2017 by Rosiejuliemom
Had to find the wine toss

[Brooklynista]

Makes me sick inside the way these people waste good booze. Just shameful.

[howiveaddict]

5 minutes ago, Rosiejuliemom said:

I thought it was only a cyst and decease if you threw it at the other person and then added some of this:

 

 

Just now, Brooklynista said:

Makes me sick inside the way these people waste good booze. Just shameful.

Both of you are totally right. My bad!

[rmcrae]

21 hours ago, zoeysmom said:

I believe it is a Cease & Desist letter.  I don't think there was a court order. 

Or as Tamra from the O.C. calls it "a letter of Cyst and Deceased". Lol.

Edited May 2, 2017 by rmcrae
Never mind. Somebody else beat me to it. *blush*

[WireWrap]

1 hour ago, zoeysmom said:

From what I have gathered it seems that Phaedra gave Apollo some kind of assurance that he would be heard.  At least that is what the Court said when they overturned the final decree.

As to Phaedra and a deal, she did get some consideration, she did not have to forfeit anything.  Apollo's deal was so strange, he basically plead guilty straight away-compare to the Giudices.  I don't see things as unamicable between Apollo and Phaedra, he calls all the time, and Phaedra has said she wants her kids to know Apollo as their father.  http://pagesix.com/2017/05/01/why-phaedra-parks-is-staying-mum-on-messy-divorce/  Granted enter another man, things might change as Apollo is still three years away from release.  I believe what Phaedra wanted was for the others' to eschew Apollo and keep her relationship with him intact.  I don't blame Phaedra for being really, really angry with Apollo for his illegal doings but she can't have it both ways and expect the others' to shun him and keep her relationship "special".  As always it comes down to money.

I think Phaedra is doing what she can to make sure their sons keep in contact with their father. Apollo, on the other hand was using Todd/Peter to hurt/humiliate Phaedra on camera.  Oh, and Todd/Peter were all happy/eager to help him do it. I agree, Phaedra thought her friends would have her back, she was wrong, big time wrong!

[RealReality]

4 hours ago, WireWrap said:

There is no reason to think he wasn't notified, none, other than speculation, especially in light of what he told Todd/Apollo. He waited until the last minute to contest the divorce, which happens more often than people realize. Especially when 1 spouse wants to hurt/humiliate the other like Apollo loves to do to Phaedra. Don't get me wrong, Phaedra lies as easily as anyone I have ever seen but that doesn't mean that Apollo is or was being played by Phaedra. Apollo even went so far as to send his fiancé to the OLG filming, he enjoys sticking to Phaedra, big time. LOL

Yet, Bethenny/Jason's custody battle was public where the divorce was private! Sooooo, I don't think this "understanding" holds true. LOL

There is every reason to think Apollo wasnt given proper notice because the judgment by default was set aside.  In order to set aside a default judgment you have to give the court good reason why you didnt respond.  Lack of proper notice would constitute that reason and not much else in this situation. 

Also, if Apollo was properly noticed that judge wouldn't have cited material misrepresentation which is more than  a mere mistake.

And if she didn't send him a copy of the divorce even with the misspelled names he was blindsided.  

What may have happened is that the two were talking about coming to an amicable agreement, and the talks broke down and Phaedra simply filed behind his back and when he didn't respond she got a judgment by default.

Edited May 2, 2017 by RealReality

[WireWrap]

2 minutes ago, RealReality said:

There is every reason to think Apollo wasnt given proper notice because the judgment by default was set aside.  In order to set aside a default judgment you have to give the court good reason why you didnt respond.  Lack of proper notice would constitute that reason and not much else in this situation. 

Also, if Apollo was properly noticed that judge wouldn't have cited material misrepresentation which is more than  a mere mistake.

IMO, Apollo is playing the courts, Phaedra, production, Kandi/Todd to the hilt.

[RealReality]

1 minute ago, WireWrap said:

IMO, Apollo is playing the courts, Phaedra, production, Kandi/Todd to the hilt.

He can't "play the courts" here, either he got proper notice or he didnt.  Prison officials arent trying to do anything for Apollo nida.  If he had gotten proper notice the default judgment would stand.  Because he didn't, it doesn't.  If Phaedra wasn't to busy playing fast and loose and shady she wouldn't be in this situation.  

If your name is not in the system at a prison of hundreds or thousands I don't think anyone is going out of their way to scour the system to find you, if you're not in the system they send it back.  Which could mean he didn't know,  especially if he still thought he and Phaedra were in negotiations.

In fact, i could envision it coming to light only once he got an attorney.  Although I can't know for sure.

[WireWrap]

Just now, RealReality said:

He can't "play the courts" here, either he got proper notice or he didnt.  Prison officials arent trying to do anything for Apollo nida.  If he had gotten proper notice the default judgment would stand.  Because he didn't, it doesn't.  If Phaedra wasn't to busy playing fast and loose and shady she wouldn't be in this situation.  

If your name is not in the system at a prison of hundreds or thousands I don't think anyone is going out of their way to scour the system to find you, if you're not in the system they send it back.  Which could mean he didn't know,  especially if he still thought he and Phaedra were in negotiations.

In fact, i could envision it coming to light only once he got an attorney.  Although I can't know for sure.

Was the default given because he didn't get it or was it because of how Phaedra spelled their names? I thought it was because of the names and if that's the case, he could have agreed to it then used it against Phaedra claiming he had no knowledge.  Phaedra is sneaky, without a doubt but Apollo is as bad if not worse IMO.

[ninjago]

Peter is such a full of shit blowhard.  Bye, Peter.  Geez.

[RealReality]

37 minutes ago, WireWrap said:

Was the default given because he didn't get it or was it because of how Phaedra spelled their names? I thought it was because of the names and if that's the case, he could have agreed to it then used it against Phaedra claiming he had no knowledge.  Phaedra is sneaky, without a doubt but Apollo is as bad if not worse IMO.

 

 

 

The misspellings of the name would mean that he didn't get it in prison.  The only ways to get a judgment by default is if the other party is served and they don't respond or if you can show that you can't serve notice on the other party.  In which case some states will make you engage in a few forms of alternative service.

If you want a default judgment overturned you must show the court that you had good reason for not responding by the hearing date.  So, "I was just waiting until the last minute to stick it to my ex" wouldn't get your default judgment overturned.  Even "I got it, but the name was slightly misspelled so I didn't know it was me" wouldn't suffice either. But, improper notice would get a default judgment overturned or set aside.  And even a mere defect such as minor spelling error wouldn't really mean you didn't get proper notice as long as you actually were properly served.

But here, where the respondent is in prison and the mail is going through prison officials, and the name is woefully misspelled the prison is simply going to send the mail back as undeliverable.  They aren't going to spend hours trying to figure out what name you actually should have put on the mailing.  And once they send it back as undeliverable than you can apply for a default judgment.

And if Phaedra had used the proper name/address to send him proof of service it would have been filed with the court.

Apollo is not worse, because he just isn't as smart as Phaedra.  Not because he is a good person, she is just head and shoulders more intelligent than he is. 

Edited May 2, 2017 by RealReality

[RealReality]

3 hours ago, WireWrap said:

If you mean that he would claim she was a part of his illegal scam, he would have done it when  he had the chance to get a reduced sentence. I have no doubt that he would have sold her to the feds if he could have.

1

See, I don't think so.  I think Apollo is an asshole of a husband, but I generally think he loves his little boys.  

And I don't think he would want to see them in a situation without a mother or a father.  I also think he would want to see them with the parent that was best able to provide for them.  Phaedra has a TV show and a solid job (for the time being) and Apollo doesn't have many marketable skills unless people pay him to have sex with runways from the island of misfit strippers.

For those reasons I think he is keeping quiet about Phaedra and agreed to take the time without involving her.  I don't think it means he doesn't want to get paid, or get what he thinks he is owed for taking the rap.  But, even now, I don't think he would sell her down the river for a reduced sentence.  

[WireWrap]

12 minutes ago, RealReality said:

The misspellings of the name would mean that he didn't get it in prison.  The only ways to get a judgment by default is if the other party is served and they don't respond to the petition or if you can show that you can't serve notice on the other party.  In which case some states will make you engage in a few forms of alternative service.

If you want a default judgment overturned you must show the court that you had good reason for not responding by the hearing date.  So, "I was just waiting until the last minute to stick it to my ex" wouldn't get your default judgment overturned.  Even "I got it, but the name was slightly misspelled so I didn't know it was me" wouldn't suffice either. But, improper notice would get a default judgment overturned or set aside.  And even a mere defect such as minor spelling error wouldn't really mean you didn't get proper notice as long as you actually were properly served.

But here, where the respondent is in prison and the mail is going through prison officials, and the name is woefully misspelled the prison is simply going to send the mail back as undeliverable.  They aren't going to spend hours trying to figure out what name you actually should have put on the mailing.  And once they send it back as undeliverable than you can apply for a default judgment.

And if Phaedra had used the proper name/address to send him proof of service it would have been filed with the court.

Apollo is not worse, because he just isn't as smart as Phaedra.  Not because he is a good person, she is just head and shoulders more intelligent than he is. 

I want to know if Phaedra had another Attorney do the paperwork/file it for her or if she did this all by herself as some think she did. Wouldn't that be a matter of record? And if she did, then why would another Lawyer go along with this?

Right now, there just isn't enough info for me to put the entire blame on Phaedra, even if I do think she is shady.

9 minutes ago, RealReality said:

See, I don't think so.  I think Apollo is an asshole of a husband, but I generally think he loves his little boys.  

And I don't think he would want to see them in a situation without a mother or a father.  I also think he would want to see them with the parent that was best able to provide for them.  Phaedra has a TV show and a solid job (for the time being) and Apollo doesn't have many marketable skills unless people pay him to have sex with runways from the island of misfit strippers.

For those reasons I think he is keeping quiet about Phaedra and agreed to take the time without involving her.  I don't think it means he doesn't want to get paid, or get what he thinks he is owed for taking the rap.  But, even now, I don't think he would sell her down the river for a reduced sentence.  

Nahhhh, I disagree, he knows full well that his mother in-law would step in and take care of those boys. According to a few bloggers, it his mother in-law that is raising them now because Phaedra travels all the time. I also don't think he ever put his sons first to begin with, they are not and have never been his first priority. I stand by my belief that if it would get him a shorter sentence, he would have sold Phaedra down the river in a heart beat.

[RealReality]

Just now, WireWrap said:

I want to know if Phaedra had another Attorney do the paperwork/file it for her or if she did this all by herself as some think she did. Wouldn't that be a matter of record? And if she did, then why would another Lawyer go along with this?

Right now, there just isn't enough info for me to put the entire blame on Phaedra, even if I do think she is shady.

 

Even if she had another attorney they aren't really obligated to distrust their shady client when she gives them a name and address and doesn't indicate its a prison.  You're allowed to trust your client, especially with something as basic as names and addresses.  So, I think there is a good chance she simply made stuff up with them as well.  

And when it blew back, her attorney isn't going to throw her under the bus, especially since she didn't throw them under the bus*.  They would simply put out whatever version of "the truth" she wants to put out there.  Because you can believe your client, you aren't really under an obligation to not believe them.

I would blame Phaedra, because it all makes sense to me for how a shady person would do things.  

From what I can gather, Apollo didn't have an attorney for a long time.  Had he not gotten an attorney, he may STILL not know she got the judgment.  It seems like a calculated risk, and I think it could have worked out for her, had Apollo not gotten an attorney.  I mean, she tells him they are going to try to reach a settlement, she tells him there is no way the divorce can be finalized without him getting a chance to be heard and so he is lulled into a false sense of security.  She keeps putting money on his books and keeps in touch with him.  And at some point she decides she is going to do this without him.

* - had she thrown them under the bus or suggested any impropriety on their part, I think they could have defended themselves by saying "hey, she gave us this crappy information, not our fault"