#9 Filed Against the Town
Town of Melbourne Beach Mayor, Alison Dennington and her husband, Dr. Elvin Lephiew Dennington, aka Funoe LLC, recently filed an appeal challenging the prior court decision made by the Honorable Circuit Court Judge, Samuel Bookhardt III. This makes the NINTH time the Denningtons/Funoe have filed legal proceedings AGAINST the Town of Melbourne Beach.
After two full days of courtroom hearings in May and June, Judge Bookhardt released his decision on July 6th concerning the Public Records lawsuit filed by the Denningtons/Funoe. The Judge ruled in favor of the Town of Melbourne Beach on four of the five items, with the fifth item being ruled in favor of Funoe due to a pre-trial stipulation. The only thing the Denningtons would TAKE from this decision would be reasonable attorney fees for item five ONLY. They were to take NOTHING from items one through four. CLICK HERE to read “Funoe is 0 for 7”
Fifteen days were given to the parties to reach an amiable agreement in a good faith effort to determine the amount of reasonable attorney fees to be conveyed to the court. Instead of accepting defeat and working to resolve the amount that would be reasonable, the Denningtons/Funoe chose to dig their heels in a little deeper by appealing the decision of the Judge. In true Dennington fashion, a last-minute, 26 page Motion with Exhibits, totaling 592 pages, was filed on July 21st for a Rehearing.
As explained by Town Attorney, Ryan Knight, "The purpose of a motion for rehearing is to give the trial court an opportunity to consider matters which it failed to consider or overlooked. Funoe’s motion generally alleges the court overlooked trial testimony, misapplied the law, and failed to make required findings in rendering the judgment. Essentially, they are asking the court to change its ruling." Also according to Mr. Knight, "Judge Bookhardt’s procedures require Funoe, LLC to submit a proposed order to the court for consideration with a box for the court the check “Denied” or “Have the Motion Set for a Hearing.” Should the motion be set for a hearing, the Town will be filing a response to the Motion for Rehearing, and the court will hold an in-person hearing to consider arguments of each side. Should the court grant the Motion for Rehearing, the court has the ability to open the case back up, take additional testimony, and enter a new judgment."
CLICK HERE to read the Motion for Rehearing.
Editorial: This is not normal behavior for the Mayor of a Town. A very slight majority of residents in the Town of Melbourne Beach voted this woman into office as Mayor under the auspice that she was an attorney and would reveal the corruption and collusion within our Town governance. The FACT is, there is no corruption, other than in the mind of this Mayor. She works solely in the capacity to disrupt the peace of our community for her own personal vengeance against a decision that was made against her placement of a shed on one of her four properties in Town. She has devoted more time, energy and money to fight against a simple code violation that could have easily been corrected. She is abusing the honorable position as Mayor to bully Town staff, to drag undeserving employees through the mud, to threaten neighbors, to lie and mislead her colleagues within the Florida League of Cities and League of Mayors, and to use the dais as a stage for her antics. She pretends to be an attorney and is using the court system to “play house” so to speak, by filing lawsuit after lawsuit. She IS a housewife with a wasted law degree from Arkansas because she can’t keep a professional job. We, as a Town, have become the brunt of her frustration and bearers of the burden that she has placed upon the taxpayers. Most of us live here because we love it here. We help our neighbors. We enjoy a quality of life within our community through shared events and by being good neighbors. Let us stand together against the insufferable behavior of this Mayor.
For more New and Updates from Truth and Accuracy Matter, CLICK HERE.