IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION

DIVISION CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC. LESTER TRIMINO, etal\ Plaintiff, THE ORIGINAL

v.
Enrique V arona,
, n f IJejenaant,

MAY 3 1 2013
IN THE OFFICE OF CIRCUIT COURT DADE CO., FL

SWORN NOTICE OF ACCEPTANCE OF OATH OF OFFICE AS CONTRACT FOR RESTITUTION, VICARIOUS LIABILITY, & WAIVER OF TORT HERE COMES, the defendant, Enrique Varona, who stands Sui Juris acting Pro-se who is a living soul, who enters into this contract for restitution and issues this sworn notice of acceptance of oaths of office as contract for restitution, vicarious liability, and waiver of tort to the plaintiffs attorneys, WARREN GAMMILL & ASSOCIATES, P. A. or

any of its agents operating under any title of nobility, private association, or corporation and shows the following;

/*

I - ACCEPTANCE OF OATHS OF OFFICE

1.

Defendant, Enrique Varona, Sui Juris acting Pro-se (from here on, hereby, duly notices WARREN GAMILL &

"Defendant")

ASSOCIATES, P.A., (from here on, "WGA") acting as officers of the court, Attorneys of record for the plaintiff, and their successors,

nominees, assignees, agents, with this instrument entitled, "Notice for Acceptance of Oaths of Office" and hereby duly accepts WGA Oaths of Office, as being an open and binding offer of contract made explicitly under reserve and without recourse to form a firm and binding private contract between Defendant and WGA. 2. WGA is bound by Oath, which makes WGA "Bonds" accessible that WGA would perform all of said promises,

to defendant,

including, but not limited to the promise to uphold the Constitution for the United States of America and the Constitution of the State of

Florida, which includes protecting all of defendants rights. I trust WGA will be honorable men and women whose Oath is their bond, and that WGA will honor this private contract with defendant, consummated by this notice of acceptance, by keeping said promises, not to allow the plaintiff acting without delegated or regulatory authority, to interfere in WGA duty to the defendant.

3.

Defendant explicitly reserves all his rights without recourse. This

"Notice for Acceptance of Oaths of Office" is issued in accordance with administrative process and as an instrument at contract law; at 3 days,

without proper rebuttal signed under penalty of perjury, Defendant and WGA have a Contract; at 7 days, without proper rebuttal signed under

penalty of perjury, attorney is in Dishonor; at 10 days, without proper rebuttal signed under penalty of perjury, defendant has a Summary Judgment against WGA, said summary judgment being:

(a)

WGA will honor his promises to uphold all of Defendant

rights and not allow any third-party interference with attorney's duty to Defendant, and, (b) WGA acts committed outside their oaths operate under

"color of law" and void WGA immunity and WGA accept all possible liability, not limited by claims and damages unto defendant, a living soul, in (i) unlawful conversion; (ii) fraud and misrepresentations; (iii) misrepresentation of agreement; (iv) barratry and other acts of bad faith; and, (v) breach of good faith and fair dealings.

4.

WGA willful choice to either remain silent, write, or cause any

third party to write an ambiguous or convoluted response intended to , mislead or deceive, or imply authority to represent WGA interests in this contract, establishes WGA unconditional acceptance and tacit approval, nihil dicit, for the foregoing contract and the foregoing contract will stand as final judgment. This document will be made part of the public record and will be used to establish an administrative record which will be provided as evidence in any judicial proceeding at law or equity.

II - CONTRACT FOR RESTITUTION

"Forbearance is consideration. Black's Law Dictionary, 6th Edition page 307; Restatement Second, Contracts 17(1), 71; Corbin on Contracts, Vol. 2, page 80, Revised Edition, West Publishing Co. 1995"

And,
"Forbearance from exercising a right to take legal action...constitutes adequate consideration..." [citing numerous cases] Richman v Brookhaven Servicing

Corp., 80 Misc. 2d. 563, 363, N.Y. S.2d. 731, 733. And Town & Country Bank v. .. .Bancshares, 172 Ill.App.3d 1066, 527 N.E.2d 637 (1988).

5.

Defendant,

hereby claims, declares, and states, under oath the

following;

Forbearance is consideration, as learned in Black's Law "Actual forbearance of suit for a reasonable time

Dictionary (above).

is consideration." William H. McMicken et al. v. Helen M. Stafford, 197 ffl. 540 (1902). 6. This instrument constitutes a private contract and gives WGA

consideration in the form of forbearance of suit for a reasonable period of time (30 days).

-ATTORNEY IS VICARIOUSLY LIABLE 7. The Plaintiffs have retained as their attorneys the law firm of

WGA Florida Bar No. 151221 and Mrs. Madelin D'Arce, P.A. Florida Bar No. 55675. On information and belief the Plaintiff is described as the "client" of WGA. 8. The legal meaning of "client" is found in, Corpus Juris

Secundum legal encyclopedia, volume 7, section 4, which says the following; "A client is one who applies to a lawyer or counselor for advise and direction in a question of law, or commits his cause for his management in prosecuting a claim or

defending against a suit in a court of justice, (21) One who retains the attorney is responsible to him for his fees, and to who the attorney is responsible for the management of his suit, (22) one who communicates facts to the attorney expecting professional advise. (23) Clients are also called "wards of the court" in regards to their relationship to their attorney. (24)" 9. The legal meaning of "wards of the court" is found in Corpus Attorney & Client, Sec. 2, pg 769, 802, and in

Juris Secundum,

Davis' Committee vs. Loney. 290 Ky. 644, 162 S.W. 2d 189, 190. which is; "wards of the court- infants or persons of unsound minds placed by the courts under the care of a guardian... A legally incompetent person such as an idiot or an imbecile" 10. It is a fact of law that plaintiffs, LTA LOGISTICS, INC., a a legal fiction who can only act through its LESTER TRIMTNO, ANNETTE

Florida corporation,

corporate officers who are

TRIMINO, LESTER TRIMINO SR.,

are the "clients" of WGA who

are therefore "wards of the court" who by force of law are to be

considered infants,

persons of unsound minds, legally incompetent,

idiots, and imbeciles under the legal guardianship of WGA. 11. Vicarious liability is a legal concept that means that a party may

be held responsible for injury or damage, when in reality they were not actively involved in the incident. Parties that may be charged with vicarious liability are generally in a supervisory role over the person or parties personally responsible for the injury/damage. The implications of vicarious liability are that the party charged is responsible for the actions of their subordinates. This applies especially to corporate and governmental entities. 12. The intent behind vicarious liability is that the proper party must

be held responsible when harm is done. The defendant has been injured by the plaintiff unlawful conduct in the court and under "the law of agency" holds WGA liable in tort for the frauds of its clients. 13. For the record, defendant has documented through un-rebutted affidavits, sworn statements, and notices of felonies numerous crimes committed by the plaintiff against the public at large, the court and defendant, including but not limited to making false statements to the court, introducing false papers into the court, frauds upon the court, contempt of court orders, obstruction & tampering with evidence,

obstruction of due process, tampering with witnesses, Florida Statutes, violations of federal laws,

violations of

violations of D.O.T.

administrative rules and codes, violations of constitutional and civil rights as described in the U.S. and the Florida constitutions, breach of contract, official oppression, negligence, and more. unconscionable unlawful Egregious and in their

acts committed by the plaintiff

misguided and malicious effort to commence, litigate, and sustain this frivolous cause of action. Actions that has resulted in great harm,

injury, and damage to the defendant.

IV - WAIVER OF TORT Waiver of tort, "the election, by an injured party, for purposes of redress, to treat the facts as establishing an implied contract, which he may enforce, instead of an injury by fraud or wrong, for the committing of which he may demand damages, compensatory or exemplary". Blacks Law Dictionary 5th Ed., Page 1418

14.

Note that it is solely the option (election) of the injured party

whether to apply this option. The injuring party, the plaintiff is the injuring party has nothing to say concerning "Waiver of Tort".

15.

By defendants acceptance of the Oath of Office of WGA, which

constitutes the defendant open and binding offer of contract to form a firm and binding, private contract between Defendant and WGA, this implied contract comes into full force by the act on WGA part to trespass upon Defendants rights and freedoms. WGA has openly sworn to protect and obey The Constitution for the United States of America which clearly states at Article 1, section 10, "No state shall any pass

Law, impairing the Obligation of Contracts" which has been

upheld in the Supreme Court case of Hale v. Hinkel 201 U.S. 43 (1906) over 1600 times.

CONCLUSION If WGA does not respond according to conditions herein, WGA agrees to the claims, facts, statements, laws and conclusions of law hi this sworn notice including but not limited to the fact that WGA has damaged and injured the defendant. Since actions speak louder than words, and by actions contracts are consumated, WGA actions have made manifest, with open disregard for the Rule of Law, that WGA have, at all times and in every measure, concerning their association with the plaintiff against the defendant, operated outside the parameters

of the Constitution for the United States of America, and within the bounds of coersion, threat, duress, malfeasance, tort, unlawful
f

conversion, and any of several other offenses known to be injurious to the defendant. As a consequence of these actions WGA has committed felony crimes against the defendants person for which restitution is sought in the following manner; By WGA offer and Defendant's acceptance we mutually, willingly, and intentionally agree to the terms of this implied contract: 1. For each injury by trespass, it is agreed that, so long as the injury

remains, payment will be made upon demand, under "Equality under the Law", as per; Trafficant v. City of Tampa, $18,000.00 per hour in damages to injured party, in Lawful money of the united States of America, and, 2. For each injury which remains after seven days, it is agreed that

payment will be made upon demand in the amount of, under "Equality under the Law", as per; Trafficant v. City of Tampa, $432,000.00 per day in damages to injured party, in Lawful money of the united States of America, and, 3. This Waiver of tort is enforceable by all lawful means and is agreed and

that an immediate lien will attach against the assets, wages,

property of WGA in favor of Enrique Varona or any of his designees as he so names or designates. See UCC. All persons, employees, and

officers operating under orders of WGA who commit injury by trespass

s

upon me, under color of law, without lawful order and verified assessment, will cause attachment of this Waiver of Tort. Continued proceeding in trespass shows acceptance of this Contract and provides Evidence of WGA intent to implement the terms Waiver of Tort and affix said lien(s). According to several and various UCC Regulations, "performance is acceptance." Time is of the essence. Compliance with the rule of law is required as all commerce must be done in truth.

fully submitted by,

Enrique Varona, Sui Juris acting Pro-se 14823 s.w. 125 Court Miami, Florida 33186 enriquevarona@ymail.com

SWORN AFFIDAVIT OF TRUTH

IN WITNESS WHEREOF, I, Enrique Varona, Sui Juris, solemnly affirm and verify that I have read the foregoing, and know its contents to be true to the best of my knowledge, except as to the matters which are therein stated on my information or belief, and as to those matters, I believe them to be true. This instrument is submitted upon good faith effort that is grounded in fact, warranted by existing law for the modification or reversal of existing law and submitted for proper purposes, and not to cause harassment and unnecessary delay or costs, so help me God. See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land). I declare under penalty of perjury, under the laws of the STATE OF FLORIDA, that the foregoing is true and correct:

Enrique Varona, Sui Juris 14823 SW 125 Court Miami, Florida 33186 On this day came before me the Affiant, a living flesh and blood man/woman to oath and attest and affirm the signature is true, complete, and correct on the foregoing affidavit. Enrique Varona, the above signed, who is personally known by me or upon proper oath and identification, personally came before me, the subscriber, a notary public in and for said Miami-Dade County and the State of Florida, and Duly Affirmed the truth of the foregoing Affidavit in my presence. The Affiant also acknowledged the signing thereof to be his own voluntary act and deed, signing the within instrument in my presence and for the purpose therein stated. Date: 5 j 3 GJf ?> Identification provided:
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