SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No. 2007 - KH - 131
*****************
STATE OF LOUISIANA
VS
MICHAEL E. DI ROSA
Numbers
F1525159
F1523230
F1678532
On the Docket of
First Parish Court Parish
of Jefferson
State of Louisiana
Lenny
Levinson presiding
EMERGENCY MOTION FOR THE
RETURN OF MY VEHICLE,
AND / OR THE PERSONAL
PROPERTY CONTAINED THEREIN,
UNTIL SUCH TIME AS THERE
IS A RULING ON THE VALIDITY OF THE CONTESTED LIEN
Comes
now into court Michael E. DiRosa, a Citizen of the State of Louisiana
for the purpose of moving this court to order the release of my
vehicle until such time as the validity of the contested lien and
ownership of the vehicle can be determined.
There
was no problem before I even knew that there was a lien. I have
enjoyed usufruct of the vehicle for decades. Surely there can be no
thought of intentional damage to the vehicle by a person claiming to
be the allodial owner and has expended so much time and energy
fighting to prove that he is the allodial owner. A person who has
nurtured the vehicle to the status of classic would not intentionally
damage his vehicle. What harm can come to the lien holder, even if
his claim had merit? Surely there will be no objection from the lien
holder.
Yet,
this State Citizen does fear for his very life. Hurricane Season is
upon us and our levies are still not complete. This vehicle is my
emergency evacuation vehicle, as it has enough room to carry me, some
of my possessions and my canine ward, plus it is high enough to
traverse water that would strand a car. Does one need to mention the
other natural or man made disasters that could befall the city such
as toxic cloud or terrorist attack?
I will
even go and fetch the vehicle and move it to a location where I can
test its mechanical fitness to be the emergency evacuation vehicle
for it has been in storage since the 21st day of December,
2006. It would also give me the opportunity to remove the personal
property contained within the vehicle of which I am the uncontested
owner. Liability for the cost of towing and storage can be
determined when ownership of the vehicle has been established.
I am
moving this court to return my vehicle to me until such time as due
process has been had, as required by law.
Surely
due process can not be far away now that there is no doubt that the
Judges of the Louisiana Supreme Court are aware of the cases numbered
2007 – KH – 131 and 2007 - KH – 866 on their
Docket. The rules of the Louisiana Supreme Court are clear.
“A special assignment for argument may be given by the court in
any case where the state or any subdivision thereof is a party, or in
a matter impressed with the public interest, or in one in which the
court, upon the showing made, believes that the ends of justice
require an immediate hearing. “ Rules of the Supreme Court of
Louisiana, Part A, Rule VI, Section 4.
I
do believe that these cases do fit Rule VI, Section 4.
I
do hereby swear that the above is true and correct to the best of my
knowledge this 23rd day of May, 2007
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
CERTIFICATE OF SERVICE
I, Michael E. DiRosa, do hereby certify that I do not
believe that there is anyone to serve. If this position is in err I
do demand that I be informed of who should be noticed and served and
by what reason they should be served.
This 23rd day of May, 2007
Michael E. DiRosa
O R D E R
It is hereby ordered:
That the vehicle (VIN # 2B6GB13T0DK363203) being held
by the Department of Public Safety and Corrections and last known to
be stored at DC Towing be released without charge to Michael E.
DiRosa. Liability for the towing and storage charges will be
determined when ownership of the vehicle is established.
That the personal property contained within the vehicle
(VIN # 2B6GB13T0DK363203) be released without charge to Michael E.
DiRosa, and access granted to Mr. DiRosa so that he may recover the
aforesaid personal property.
This ____________ day of __________________, 2007
________________________________________________
JUDGE
Supreme Court of the State of
Louisiana
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