I've heard nothing from the judge's office or CFG himself. The ladies down in the office where you file small claim and civil lawsuits want me to call back to the judge's office. They can't believe that it's taking him this long to rule either. They're wondering if he's forgotten about this case.

Sheri:

Can you write him a letter?

Wow, I found this thread a few hours ago and in between household duties have read it in it's entirety. I couldn't wait to get to the end and see what the outcome was. I was even tempted to peek, but feeling a positive ending, I didn't want to ruin the surprise.

Well the surprise is this is still going on. Oh I feel for you. I hope it all works out in your favor. My hubby is a retired LTC also, and we are old enough that at this point in our lives we have eaten alot of Crow. It really takes something pushing us beyond our limits that finally force us to fight for what is right.

I hope this ends positively for you soon.
Kathy

Sheri, don't bug the judge.

HOWEVER...
if you have plans to be out of town during the holiday season, it wouldn't be out of line to drop him a BRIEF note advising him that you will be out of town X date to Y date and if he needs any information from you during that time you can be reached at the following cell #...

A diplomatic, legitimate and non-threatening way to nudge the judge, IMHO.

AAAAGH! Just got back from a trip and rushed to see hwat was going on. STILL no word????!!!! Just read your kind words, too-- you are a doll!

Scotland, would love to get any ideas on finding folks who'd like murals or pet or house or family portraits in the Atlanta area!

Pecan:

What a brilliant idea! Sheri should go out of town just so she can write that note.

Any travel plans, Sheri?

Travel plan? Only back and forth to the hospital. Hopefully, my mother comes home tomorrow.

I called yesterday: no word from the man. What a pain in the fanny. I've said it hundreds of times before: THIS IS Ridiculous!

Thank you for your encouragement. I am starting to believe he's just avoiding to rule.

Another week!?!! I keep checking in, waiting for the good word!

I just cannot believe this hateful wait. I wish I knew the maximum time he has to rule.

Sheri - I just read the thread. You poor thing! My husband is an attorney. Unfortunately, you have to sit it out and wait, no matter how frustrating. Someone else mentioned that judges tend to lean over backwards for pro pers. It sounds like that is what happened here. You never know how a judge will rule, but I really think you'll be okay. I didn't even know the "conversations" forum existed. I'll be checking in daily to see how it goes for you.

Julie

Ok, I keep checking this thread for an update. Has anything been decided yet?

I think this is long enough of a wait. It doesn't look good for either one of us at this point, imho. Can you believe that on January 5th, less than a month away, it will be a full year since I gave my first deposit to CabFiasco jerk for these cabinets. I can't finish until this trial is over. I am just sick that my kitchen looks so DISGUSTING ALL THROUGH the holidays. Thanksgiving was at my sister's home. Christmas was to be here. Not now!!!

Ugh, a full YEAR!!!!! Why do you think it doesn't look good for either one of you?

I sure feel for you. HUGS your way.

Skatiero:
I don't know anyone personally, but I could post the details to a 1000+ member parent network here at work. Send the info to jmacgregor@tmo.blackberry.net if you're interested.

skatiero: you ask, "Why do you think it doesn't look good for either one of you?"

I think that if it were so cut and dried for our case, then the judge would have ruled soon, like he said in the beginning. If he was for the plaintiff, then he would have ruled for him. I just don't know. I don't like to go on 'feelings', but they are 'there'. I am still reactionary.

I am still so irritated and can go from zero to 90 mph talking about these cabinets. I hate feeling this way. I think I probably will as long as I don't have them finished.

I had to have the service guy come check out my range yesterday. I had to once again "explain" why my kitchen is not completed. It's embarrassing to say the least. Telling someone that is working in your home 'why' I don't have cabinet doors is so disgusting and not FAIR! I'm just so doggone p.o.'d at everyone right now. I cannot tell you how depressing this has been for all of us. I have to keep calm because my DH can still go into a lather over all of this fast, too. I can't seem to focus on much else. It's like the heaviest burden glaring in my face and weighing us down. I don't want to have anyone over. It's HIDEOUS. Imagine every cabinet in your kitchen and master Br without doors. I'm just sick of it.

Thanks for listening. Maybe now I can get something done today.

Sheri, I am speculating but I wonder if the reason it is taking so long is because CFG lied in court and provided forged documents. By forging documents he committed a crime. It may no longer a simple case of breach of contract. Remember, he also lied about hiring an attorney for the case. I wouldn't read too much into the delay. I think that this is really a complicated case and there are lots of aspects that need to be untangled by the judge (the forged documents, the lien, his license, the fact he changed companies, etc). I think the judge is just trying to be careful.

Were you actually told by the judge that you were not to do anything to the kitchen until the case is over? Mary

jerzeegirl: you ask, "Were you actually told by the judge that you were not to do anything to the kitchen until the case is over? Mary"

Well, Mary, the judge said that once he rules there could be an appeal. If there is an appeal, then we would have to basically do this again. I would have to have my evidence (my doors), which is a huge part of this. See, I had my doors repainted and that paint failed (turned green) because the doors were not primed to start with from the first guy who provided me a sample door and board showing primer, paint, and paint technique he was going to apply to my cabinets. The oils soaked into the substrate and were trapped by the subsequent oil based paint applications causing a "green blush".

My "best" examples of the paint failing is on doors that I need to refinish. So, I asked the judge if I should wait to finish the doors, and I can't remember exactly what he said, but he affirmed that I should wait til he ruled. My DH can't remember exactly what was said either, but we left thinking I should wait. My sister thinks we should wait, too.

It's been so long now. I do know that CFG called the Judge's office this week for the first time to find the status of our case. The judicial assistant told me this just a few minutes ago. I called her to see if there had been any movement or if there was any more information that the judge may need from me. It's Christmas, my kitchen is still not done and this is a frustrating wait. She is about as mum as they come. I'm to the point, I don't care if anyone else is irritated with my phone call.

Mary, thanks for reminding me about the other aspects. If you remember them, I hope the judge remembers them.

The judge might not have looked at your case in weeks. It's probably sitting in his to do pile, and other cases have required his attention. But I still can't believe he hasn't ruled yet! Or at least given you some sort of status. Geez.

Sheri, I truly applaud your patience! I am appalled at how long you have waited. I am no attorney so I don't know what the rules are but I'm curious why the judge can't rule from evidence presented in photographs or from a sample door or from a videotape. Also, even if you repaint the doors, the design will *still* differ from the original plan no matter how many times you paint it. I agree that it isn't wise to tick off the judge, but it isn't the judge who has to live in the mess.

So...is there an attorney that you have worked with in the past who can advise you whether there is something you can do to move this thing along? Maybe there's something you can do that you don't even know about (that an attorney's advice can help you with).

It just sounds unduly punitive for a judge to insist that you keep your kitchen unfinished for this length of time (or even worse through the appeal - which I think you can count on if CFG loses since it's not really costing him anything to show up in court).

Also, just out of curiosity, was he within his rights to place the lien on your house when he did? Did he provide you with a Notice to Owner and all that good stuff that Florida requires?

jerzeegirl, you asked,"Also, just out of curiosity, was he within his rights to place the lien on your house when he did? Did he provide you with a Notice to Owner and all that good stuff that Florida requires?"

We acted as the General Contractor to build our custom retirement home. Notice to Owners are given to the owner by anyone that I contracted with that used supplies or services from another person or company not employed by whom I originally had contracted for a specific job. So, CFG did not have to give me a notice to owner.

(FYI: We overpaid our electrician by $4,000! Our contract was for $12,000. When I took over finishing the house when DH went back to work, I caught the error. DH was so busy he just cut the electrician a check whenever he asked for a draw, not realizing that we were being over billed! After I reconciled all receipts, I told my husband and we brought it to the electrician's attention. He had billed us three times for our outlets. Electrician was miffed! I refused to pay him any more even though he was not done with our job. He split with his partner over our house and left a $1,200 bill to the supply house that he never paid. The supply house had also served us with a Notice to Owner when the electrician got the first items for our house. They then had every right to file a lien when the electrician did not pay them. We had to pay off the supply bill to clear the lien. When I'm done with CFG, I'm going after the electrician now. They also told the supply house we never paid them a penny and I have this libelous statement in writing. I don't want to take them to court, but if I don't, you may hire these quacks and they'll do it again. Anyway, this is just an example of how Notice to Owners works.)

As for time limits for liens in our county: CFG waited until the very last day to file a lien on our property. The lawyers (2) that I counseled with both advised to 'wait out the lien process' to see if he would be the aggressor. One lawyer has gone up against this same guy six times. This lawyer said if he knows that I'm peeved and will want to sue him, (I am), then he'll probably wait til the last day and drag this fiasco out as long as possible. CFG had 90 days from the last day that he put foot on my property to file a lien; then 60 days to from that date to file a lawsuit, or his lien would have been null and void since I filed a contest of lien. Had I NOT filed the contest of lien, then his lien would have been in effect for one year or until he filed suit. Had I not filed the contest of lien, then he would have probably won by default. As it is, we are in a very complicated contest here.

I could not find ONE single company that would fix his mistakes. I had to piece meal out the job and it is very complicated set of receipts and facts. I submitted everything in as concise and simplified order as I could and everything itemized by the job. As it ended, I had hired about eight different people to do ten different jobs all pertaining to fixing my cabinets in my kitchen, master bedroom, and bathroom.

I even submitted evidence of interest, payments, receipts for payments, checks, and even an additional $18,000 loan I had to take out to pay to just finish this errors and installation fixes, time off from work, and miscellaneous expenses all documented. (i.e., sending six return receipt letters to CFG and his attorney.)

If he was going to make me jump through this hoop, then I documented it ALL. It was organized and concise. There are a few more points I would have liked to have made in court, but I was just worn out and tired from the lack of sleep. The anxiety of it all just overwhelmed me. Today, I know I could have presented the case better. I just assumed the judge would ask more questions instead of letting me/us ask the questions. To me, the facts spoke volumes. But then again, I don't know how the judge perceived the situation.

Part of me thinks that he is just letting time pass for him to make me think that he pondered everything with consideration. A slap on the wrist is what I thought he was going to do to CFG in the beginning. I think I made it perfectly clear that a slap is not what I'm after.

I can't remember exactly what the judge said that made me think this was how he was thinking, but on day two, before CFG showed his forged contract, the judge made some comment like he thought we both were nice but had a misunderstanding. I was shocked! I know there is no law against shoddy workmanship, but to completely change doors and a design? PUHLEEZE!!! I remember asking the judge something like, "Well, if he is not responsible for the end product, then why even bother with drawings or a contract? Our contract was based on drawings and words! Why bother with even going to a custom cabinet maker? Do you honestly think I contracted with someone for them to make whatever version of cabinets that HE wanted? Do you honestly think I gave him a $5,000 deposit in good faith and signed the contract almost two weeks later because the drawings were frivoulous and irrelevant? If they were irrelevant, then why are we here today to see the contract and drawings that I agreed upon? If you believe the contract words are of no importance and the drawings insignificant, then I think I should just leave, because I feel like I am being screwed twice, to be quite base and blunt with you, your Honor. I know these are not your cabinets, but I was counting on you to put yourself in my place when I came to court. I don't think your wife would have stood for any of these shenanigans for one second."

The judge and I had a dead pan lock of eyes and some funny blinking towards me for a few minutes. I wanted the judge to see that I was dealing with a shyster and this was not some "misunderstanding". It was AFTER I said that was when day two of testimony really started. I'm just thankful that CFG showed a bit of his cunning ways to the judge. He's a slithering liar. I hope he gets a mouthful of the yuck he's served us.

I don't sound very nice re-reading this, but what happened, happened.

Sheri - totally missed your calling by not becoming an attorney. I NEVER would have been able to get the eloquence and clarity out of my mouth like you did. It sounds like you surprised the judge with the way you handled things.

I am praying for a ruling before Christmas!

snookums: If you had put out all of the money that we've put out and gone through all of the headache, time, and mess of having your cabinets *fixed*, somewhat, then you would have not sputtered, but GUSHED forth your pent up irritance with it all. Words would have been fluid and forceful. There's no way timidity would have entered the judge's chambers with this much invested in this fiasco. No way. I don't think anyone could harness the insufferable anger that you feel when someone not only does $hoddy work, but then has the audacity to SUE you out of manipulation and intimidation thinking that you will shrink because they *called the law on you* to protect their sham! It's a travesty of justice! It's intolerable and can cause you to absolutely see red....no, white. I think seeing white is worse than seeing red. I have never, ever been this irritated with any individual in my entire life. I have absolutely no use for him whatsoever. I don't think I have ever turned my back on any individual in my life, but I did in the court house. He forced me to address him. He's threatened me with another court action: libel suit should he when this case. I must win.

Sheri~I've been following your saga and am keeping my fingers crossed that the judge finds in your favor. I believe you didn't get what you bargained for and know you don't deserve what this man (term loosely used) has put you & your family through. That said (big sigh), justice is not always fair, in fact, at times it's ludicrous. Just know, whatever the decision that you played fair and with good intent-I hope you hear good news soon!

just a note: truth is an absolute defense in a libel case.

And statements like "he's scum" are opinion, therefore you can't be sued by someone over comments like this.

Hi Sheri,
I'm so sorry that your'e still having to wait for a decision - I really thought you'd have heard by now!

FYI - the next 3-4 weeks are a very popular vacation time for executives and managers. Their busy calendars often don't allow for much vacation earlier in the year and they are encouraged to either take it all before the end of the year, or start it in 2005 and carry over to 2006. If you don't hear anything this week, I'd call his office and find out what his holiday vacation schedule is. If he's going to be out for the next 4 weeks, knowing that might allow you all to put it in the back of your minds and enjoy your holidays more. It sure would be great to get that darned decision this week though!

Sheri - I've been keeping up with this post and just wanted to give a few words of encouragement. You have had a terrible injustice done to you, and I am hoping for a good judgement in your favor. Many years ago I had filed a labor dispute claim (and of course, I had the truth on my side - a powerful weapon) and it took MONTHS for the decision to arrive. Take heart, try not to lose faith. I am hoping you have an answer before the holidays, so you can actually enjoy them and start the new year without this hanging over your head! I'm keeping my fingers crossed for you. Kait

Kait, thank you.

Patience is doing it's work here. I feel like I'm having a baby with this wait...right up to the part of not knowing what's going to come out at the end of this deal! =]

I so appreciate the words of encouragement and thank you for 'waiting' with me. I cannot tell you how even one email actually is like a balm that truly can calm frayed nerves. Thank you for taking the time to write.

On Friday, I called the Small Claims/Civil Division. The ladies cannot BELIEVE this case is still on going. They were begging me to literally start hounding the Judge's office every, single day starting immediately. I had already received the words of wisdom above reminding me about the holidays and vacation, etc. I explained I would not at this time knowing this is the Christmastime and New Year's is just around the corner. No one is going to be focused on our case, I'm sure.

I asked again about the Florida's statute of limitations for judges to rule. They advised I call the Legal department. The lady there is not a lawyer and no one was in the office other than her on late Friday afternoon. The Legal Dept. Secretary said she's been in that department for many, many years and this has been a problem in the past. She said she did not believe Florida had a time limit for a Judge to rule. She said she knew of another case that hadn't been judged after nine months and that person had to hire an attorney to prod the judge and make a motion for the Judge to rule. This same lady also advised that after the first week in January, she would advise that I send the Judge a letter offering to meet with him to answer any questions that may have surfaced and to flat out ask why he hasn't ruled? Or call and make an appointment to see him. My husband thinks it's time he called the Judge.

As it stands, it is very depressing to not have a resolution or cabinet doors. It's even stressing my mother who has been so sick and hospitalized recently. I've decided come hell or high water, I'll video tape the doors and start the process of painting them in January. My mother wants to see my house done for me. I want it done so she can see it, too. Life has to go on. I'm tired of being held hostage by CFG and now the "justice system".

I have to say again, I appreciate you hanging in there with me. Have a Very Merry Christmas and a Blessed New Year!

I WILL POST as soon as I hear anything at all.

Yup, Sheri--I think it's time to start being the squeaky wheel. It's ridiculous how long he is taking--no matter how he rules, he has to know that SOMEONE is out big money and it's a hardship. Timely rulings keep dishonest people (like CFG) from closing his business and leaving town before he gets stuck with a judgement.

I even had a crazy thought--is the judge punishing you for coming on so strong in court...sort of "teaching" you patience?

Whatever, it's just wrong. I think it's time to start hounding.
Pamela

Holy crow... I just came across this post and read every single entry waiting for the big decision. I am *so* sorry you are still waiting for an answer. That is unacceptable to me, really. I would have to go the squeaky wheel route myself!!

Pamela, you know how some men can be...and women can be. You've written exactly what we've wondered, too. I've rolled in all around in my mind and we've all talked most of this out to pieces. Now, it's the mind games that we're considering.

There is no doubt in my ever-lovin' mind that when I came across absolutely incredulous at the judge's attitude a couple of times at his very glib, mediocre examples he used to state "his interpretation" of results that I perceived that he thought I viewed him as simple minded and stupid. He DID say some stupid things. After reading some of the things brought up here, he could have just been baiting CFG or me. WHO knows? I know this, I knew shortly after signing the contract that CFG was pulling some crap on me. It wasn't until about a month into it that I realized the door profile misordering, then not until delivery did I know about the hood, horrible paint job, then later...that the hood and some other appliances wouldn't fit. When the Judge just wanted to act like this was a "misunderstanding", I gave him a long,incredulous stare, which no doubt enticed him to prompt me to comment. My sister and I have discussed this and neither of us believe I was rude. HOWevER, the monologue that ensued by me flowed in such a way that it left an impression with both the Judge and CFG. I reiterated that there was NO doubt the case was complicated, yet crystal clear as to the facts, which I again spelled out. I also stated that CFG was a shyster, in my opinion, and had a track record. He forged my initials, presented the fake contract with my forged handwriting to top off his bait & switch number. I didn't see how it was possible to simply ignore, forget, or just sweep away these facts under the rug and call this fiasco a "misunderstanding." The first time he "screwed me" I started documenting EVERYTHING, which the evidence proves. I've done my part and he's done nothing but fabricate fiction, created that forged contract, and frustrate justice. I don't see how anyone could let this 'go' unchecked. I came to court for justice. He came to court with fabrication and fiction. We've yet to see the original contract, drawings, or the truth from CFG. I was directing the Judge and plainly said something like, "I don't know how the court could possible conclude that we had a misunderstanding unless the evidence is completely ignored. I didn't send return reciepted mail to his attorney, the BBB, to CFG, for giggles! NO! I was preparing to defend and document the truth because I KNEW I was dealing with someone that was treating me dishonest. It's not a pleasant experience being duped.'

I told my husband that I thought I probably made him feel like a fool. But doggone it, I worked hard getting our ducks in a row heading to court and we've been dealt an expensive fiasco to deal with. We didn't do anything wrong except trust CFG.

You know, if anyone remembers the very first thread about all of this then you'd know, I was tormented when I stopped payment on that check. The ONLY QUESTION that "may not make sense", and the Judge DID question me this: "If I was so unhappy with the cabinets, then why did I ever have the check prepared to pay CFG?"

That's the ONLY thing that MIGHT seem almost 'unreal' about it all. The ONLY "defense" I have for the check being prepared was the truth, which I stated. I made it clear to the Judge that: CFG was present three days for installation, which was never finished.
I KNEW from Day 1 that the cabinets were not the right color. They were multiple colors of white. I was told, "Let me finish. We're not finished painting. We're going to finish on site."
I KNEW from DAY 2 that the hood was not arched. I told the Judge that I had a very loud, **itching session/FIT with CFG when I saw the hood, the uneven cabinets, and HIS WITNESS TESTIFIED THAT, "...SHE HAD A COW WHEN SHE SAW THE HOOD and the pantry cabinets. She was also very upset with the cabinets being unlevel with this hood." HIS witness CONFIRMED that I was "disgusted", and that he had asked me to leave and let CFG finish.

As I drove around that day I cried, screamed, and just *(#*#%*&%#9943098459()&^^%&^^*!!!!!$**$%% HAD CFG had put me through. I HATED THE HOOD and knew I was going to have to have it modified. His work looked NOTHING like the GORGEOUS work my sister has in her kitchen. I even asked him if he was on drugs!!! That night, I knew the only alternative was to go to court. I didn't want to go to court. I just wanted him GONE!! So, I SCRAWLED out his final payment because I wanted his sorry a$$ GONE. OUT OF OUR LIVES! OFF my property and out of my KITCHEN.
Yet, there was more agony to come. There was DAY THREE! I made sure that the Judge understood that on Day 3 is when I saw my hideously painted doors. I came prepared to just see the finished product, pay him, and slam the door as he left. But, Oh, No! He put me through agony seeing how he prostituted my kitchen design, painted the cabinets so $shoddily, then as I was trying to talk to him, he snatched that check out of my hand before I could do anything about it. He jogged to his SUV and was gone. I hadn't seen my Master BR monstrosity! I had not seen my Master Bathroom! My Kitchen was not done, either.

And CFG NEVER, ever returned to finish, fix, or modify these cabinets.

I asked the Judge something like, "You call this a MISunderstanding? I don't think so. I'm SURE that your wife wouldn't put up with his shenanigans for two seconds! There is no way any woman would have misunderstood what went on here."

So, did I 'slam him'? Maybe a little bit. It's just not fair to see crooks do this to people. He has to be stopped. I don't know if the Judge has the moral courage and tenacity to stop him....or laws to stop him. There are not any laws against shoddy workmanship. However, I didn't pick a fly-by-night. I chose someone who's work I investigated many, many times.

Hi Sheri,
I had thought about what Pamela said too - judges can be pretty full of themselves and downright nasty when they want to be.
I'm adopted, and have a birth certificate that we were afraid wouldn't pass muster when applying for a passport as there are some blanks on it. Consequently, about 15 years ago when we wanted to take a vacation to the UK, I went to our local hall of records to get a copy of my adoption papers.

I was told I needed signed permission from a judge, as I was not entitled to them on my own. On their recommendation, off to the courthouse I went, and paid a visit to a judge's clerk to ask him to ask the judge to give me permission. The clerk said "it's got to be in writing", I said, "fine, give me some paper and a pen". He said "he's not going to accept it this way but it's your right to try", so I wrote a polite request and he took it into the judge's chambers. Rejected.

I have no idea what to do next, so back to the recorder's office I go...and they help me write it down on that legal lined and numbered paper. They told me what to write, and said "he may make you type it - if he does, come back here and we will do it for you." Back to his chambers I go, paper in hand. Clerk/baliff looked at me, raised an eyebrow and said "OK..sigh...I'll take it in". What followed next is permanantly burned in my brain.

The door to the chambers burst open, and this judge came storming out looking like he wanted to kill someone...namely, me. He got within an inch or two (no exageration) of my face and screamed at the top of his lungs: "HERE! I'LL GIVE YOU PERMISSION FOR THE FIRST 3 PAGES ONLY - BUT THAT'S IT! DON'T THINK YOUR'E GETTING ANY MORE THAN THAT - BECAUSE YOUR'E NOT GOING TO! YOU'RE NOT GOING TO PULL ANYTHING OVER ON ME!!" Apparently, he thought I was trying to get the names of my natural parents or something, which is funny, because I'd known who they were for years. He had scrawled something on a piece of paper and signed it, and shoved it in my face, along with my original request. Mind you...I had spent hours getting to this point with all the nit picky requests for the right paper, wording, etc..and he never kept my request, nor did he make a copy of it.

I was shaking from head to foot as I left that courthouse..partly because he scared the crap out of me, and partly out of anger. I got my papers that day, but never forgot how he treated me like I was trying to pick his pocket. It stll angers me to think that he would'nt have dared speak to an ax murderer that way for fear of violating his rights...but had no problem treating me like I was pond scum.

Point being though..that even though he was obviously very angry with me..he did hold to the law (as far as I know), and I got what I was entitled to. Your may have angered your judge, and he may be putting you through your paces a little...or he may not, but I think he will correctly rule in the end, according to the law. I don't think he would rule against you just because you made him angry, if you even did. I can't believe that you are the first person to get angry in his court..and you won't be the last. It goes with the territory in court cases.

Meskauskas, what an awful experience! But I agree with your conclusions: the judge will end up following the law. I've been thinking that Sherry will actually BENEFIT from this long wait. Let's assume that the judge is irritated by the personalities of BOTH participants during the presentation of the case. The paperwork then sits on his desk for a couple months. When he picks it up, he studies the evidence and recalls the testimony, but the emotions are removed, and even the memories of the courtroom experience have receded. Any dispassionate review of the case would result in a vindication for Sherry. She clearly has the "right" on her side; how can the judge see it another way?

Sue

Still awaiting resolution?

Yes. I just checked for thrills and giggles. It didn't work. I still have an irritated grimace everytime I think about it.

I'm calling after the first of the year.

The final judgment came in this afternoon. I didn't get the mail until late, so here it is on New Year's Day early AM that I am writing.

Comrades, this is a travesty of justice in my opinion. TommeCA had it dead on when s/he mentioned splitting the baby and "...if no one is happy then the judge has done a good job." Well, this was some lazy work on the part of this judge.

Bottom-line: I won. The Claim of Lien against us is discharged. I pay nothing and Cabfiascoguy doesn't have to pay me a dime. Apparently, the judge is letting him get off Scott free. There was NO MENTION of his forging my signature or fabricating the addendum on the contract. I'll reproduce here what the judge sent today. It's not posted online yet or I'd send you a link!!!!! :D Names are 'shaded'....for now.
________________________________________________

"Cabfiascoguy", Plaintiff,

vs.

The Chases, defendants.
________________________________________

FINAL JUDGMENT AND DISCHARGE OF CLAIM OF LIEN

THIS cause came on to be heard at Trial and both parties appearing and offering testimony, the Court finds as follows:

A. This cause was originally filed as a Statement of Claim by the Plaintiff to recover $5,000 on an unpaid balance when the Plaintiff installed cabinets in the Defendants' home.

B. The Defendants' denied owing Plaintiff any additional money and filed a Counterclaim alleging faulty workmanship and failure to comply with construction drawings for cabinets.

C.The original contract between the Plaintiff and Defendants called for a total price of $17,250 for cabinets in the kitchen, master bathroom, master bedroom, and (children's study) kid's room. Defendants paid, $10,000, but refused to pay the remaining $7,250.

D. The Plaintiff's drawings marked "final" do not match the finished product. The workmanship was shoddy.

E. Defendants' expert tried to put a value on the work performed by Plaintiff. After listening to the expert the Court determined the value to be $10,000.

Therefore, it is,

ORDERED AND ADJUDGED:

1. Plaintiff take nothing on this action and go hence without day.

2. Defendants take nothing on their counterclaim and go hence without day.

3. The Claim of Lien filed by Plaintiff against Defendants and recorded in Official Records Book 2541..yadda yadda....is hereby Dissolved and Discharged and of no further force and effect.

DONE AND ORDERED at ...our courthouse, this 30th day of December, 2005.

Signed the Judge."
___________________________________________________

I cannot thank you ALL enough for being "here" and listening to all of my YUCK about all of this heartache. I can't help but want to cry knowing that I still have to face having these cabinets finished. I have several doors to strip and A LOT OF DETAIL cleaning up to do before they're all done. Just thinking about it is daunting. Keep in mind: 84 doors AND drawers to strip, prime, and paint. 84.

Part of me does feel like a huge weight is off my shoulders. Even knowing what all's left to do, it's a huge relief just to move forward vs. treading water. It's been one heck of an emotional rut for all of us over this fiasco.

Again, THANK YOU from the bottom of my heart for your support. I really wasn't sane many days and just wanted to spit nails. Your emails, encouragement, nudges, and a kick in the pants kept me on track; everyone helped me at just the right time. I can't write enough positive thoughts to you to express how grateful I am just knowing I could write and turn to 'you' when I just couldn't tell anyone else here about "this."

I am also somewhat relieved that the Judge's words "shoddy workmanship" will help any future plans of slamming with a libel suit. At least, I hope so.

I do have a question for those with law experience. I am peeved about this forging BS. What would you do if you were me about the judge apparently letting CFG get away with this?

Happy New Year to all of you!
(((((hugs))))

(((hugs))) back at ya' SheriLynn. The good part is that you don't have to go into the new year wondering about this any more. I can't even speak to the judge ignoring the rest of it. Frankly, I'm disgusted. I hope you can move on out of the limbo this has had you in into better things, and a working kitchen in 2006. God love ya, girl.

I'm glad you finally heard; this resolution will help you start 2006 with a plan of action.
Moving forward is the best thing you can do for your mental health and happiness.
It's unfair for you but the deed is done.

WOW Sheri -
I am pretty new here
and I just linkedin from the kitchens thread and wanted to give you big HUGS -
what a horid ordeal!
I hope you have a wonderful 2006 and can use that 7k to get the kitchen just the way you wanted it!

As for the forged signature, you might try talking to a cop and see if the police would be interested in persuing it.

I say just move on. It's taken up too much time and energy in your life already. Get your cabinets fixed and try not to think about it all ever again!!

Sheri, could it possibly be less expensive to order new doors and finish them/have them finished? Any possibility (tax accountants chime in here, with disclaimers!) that there is a loss you could write off?

I'm glad it's over, but I think your judge got lazy. He could've handed down that verdict without hearing the case.

Thank goodness it's over! I agree with Allison0704's advice to mentally put it behind you and concentrate on getting your kitchen finished and then cooking up a storm. (It can be very therapeutic!)
You know, we had our own GC-Fiasco Guy (NOT kitchen related) and it took getting a lawyer involved to get us out of a bad situation, so I know a little about the stress you've been under; it affected DH's health, but just putting it behind us was such a blessing. The only regret I have is that there is no way to warn other future clients or help them avoid what we went through and he and your CabfiascoGuy are free to go out and do it again to the next person. (OK, let's not get started on that.)
Happy New Year to you and I hope six month's from now you are enjoying your new kitchen and not even thinking about the SOB. Remember that living well is the best revenge!

For me to order new doors, the company charged me almost $2,000 for 34 doors when I had some of the cabinets modified. When Cabfiascoguy ordered these doors, he only PAID $2,000 for ALL the doors because his company got a huge discount.

I just WISH the Judge had asked me what I think is fair. I just WISH the Judge wasn't a lazy, milquetoast, milksop, candy a$$ and showed some courage.

He didn't DISCERN CRAP. My 14 year old son said that the Judge restated the OBVIOUS and judged nothing fairly.

JUSTICE, in our country today, is NOT FAIR. I know this. You know this. It's just the way it is.

Just so you know, the remaining $7,250 from the balance was GONE, SPENT within the first two months to pay for the LABOR OF: uninstallation, reinstallation of modified cabinets, redoing all of the crown molding (labor), measuring and ordering new doors. This did NOT cover any prepping of the location to paint on site, the stripping of ALL of the cabinet boxes, sanding of the doors the second time they were painted, the glazing, the products/paints/supplies, or the Painting labor. And let's not forget the WOOD bill for redoing 5" crown and rope molding. Also, NONE of these charges alone included modifications to my HOOD or master bedroom TV Cabinet! OR having to have the granite template guy return twice and redo the templates because the first time was when we found out our cabinet bases were not anchored to the FLOOR! ALL, and I mean ALL of the labor was piecemealed out. Many different hands were in this pie. WHY? NO ONE wanted to end up in court of to take on this job. I was so upset, I can see why no one wanted to help me. After the sixth guy turned us down, knowing this would end up in court, I cried. I couldn't hold it back. That is how I found out how to get the job done. I couldn't even get an estimate in writing from one person.

Not to re-try this, know that it was AFTER the second painter finished that the doors turned green. Why? No primer from the FIRST GUY!!!! ALL doors turned key lime GREEN!!!!!!! THESE had to be stripped and repainted, which has not been completed OR PAID for. I had someone to repaint them the third time, but has now gone on to work for a company and can't do them. The next most REASONABLE BID FOR PAINTING ONLY THE DOORS: is $6,800. This does not count glazing and reinstallation of the doors.

I can't find a company, and the LORD knows I've tried, to paint my doors the color I need....and that I can afford. Please, please, tell me if you know of someone. I'm in NE Florida.

And just for giggles, let's not forget the court costs, legal fees, anger management classes my husband attended, homestudy bill, and other miscellaneous charges.

I could have ordered the TOP of the line Omega cabinets for what we've now invested for these shoddy cabinets.

OH, by the way, I still need two drawer boxes modified. The drawers won't close because the boxes aren't square.

I have legitimate receipts for $10,000 and ADDITIONAL $24,000, not counting finishing. You think I don't feel shafted and like a fool? I HATE this rage I feel. I hate this bitterness I have. And believe me, my husband is bitter towards me because I chose this guy. $34,000 down the line and I don't have this mess resolved. It's NOT just the kitchen: it's my master bedroom, too.

I live in a large area, but our little home town atmosphere is small. The judge lives within a mile of my home. I WILL run into that judge somewhere or at a party. I've learned we know some of the same people. I WILL see him again, I am sure. I just don't know what I'll do at that time. I know this, it ain't gonna be sweet nothings I whisper in his ear the next time I see him.

Well Sheri, at least it is over.
They say it's a good compromise when neither side is happy.

Hopefully, now that the court case is over you can put all this unpleasantness behind you.
Try to focus all your energies now on finishing your kitchen to make it the beautiful room you envision.

BTW, did you ever report CabFiascoGuy to the Better Business Bureau, or Consumer Affairs Dept. in your state?

I am so sorry you didn't get a fair resolution from the judge. It's a bitter pill to swallow for sure. I hope that with some time, and once your kitchen is finally finished, your disappointment and anger (and it is definitely justified!) will start to fade and you can finally find some peace. I was just wondering if you had made a claim with with the better business bureau??? And then I also had the wacky thought - maybe you should have called on Judge Judy!!! I have no doubt she would have given you a different outcome. Your judge just really dropped the ball here. Here's wishing you a better 2006, and hoping you get the kitchen finished soon.

ArtTeacher: Yes, I did report him to the BBB. I am also going to follow up with them AND report him under his new business name. I am also going to send a final judgment copy to the well know interior deocrator that he gets most of his work. CFG has threatened me with a libel suit, since I told this decorator's business partner, her husband, about his shoddy workmanship. He asked me to PLEASE contact him with the outcome of this case.

Well, you know what? I think I will. WHY? He *might* be able to help me find someone to paint these doors. The boxes are already finished except for the glazing. I need the glazing with all of my moldings.

As for consumer affairs: I've not done that. I am also going to call a local TV station that does investigative reporting like this about local, shoddy workers, etc.... I think it's a community advocate type of a show. They seem to get resolutions. I don't have anything to lose now.

I just am not going to 'let this go' into some faded file or memory. That crappy guy is in this town and has done stuff to many people. The judge KNOWS this. I am just not done with him.

Think about this: He had a door bill of $2,000. He had maybe another $1,000 in wood. MAYBE. He had two people install and make. There is no doubt made within two weeks. Nothing spectacular on intricate about it. This guy is out NO MONEY. NONE. ABSOLUTELY NONE. My $10,000 covered his real expenses.

Exactly: at least it's over. Hug DH and the kids and start living your life.

Do you know anyone else that has had cabinets built by cabfiascoguy?

Did he have insurance?

It may not do anything, but make you feel better, but check into this link below.

You can post your experience there too, and give warning to others.

Oh Sheri, I am so sorry that you did not get the judgement that you wanted. It is the judgement that I expected the judge to come down with though. I know from first hand experience (also not kitchen related) how consuming this has become for you. From personal experience I would suggest that you let go of your anger. It will do you no good in the long run and it will not get your kitchen finished. I mean no malice in saying this, but just advice from someone that went through a two year fiasco of my own. I wish you the best of luck.
Linda

Sheri,

I am so disappointed in the judges decision! I just can't believe that he would not take into account all the money that you are out. You're right, he is lazy and didn't do the work required to produce a fair settlement. After all this time, he just "phoned it in".

I always think that justice will prevail, but I should know better. I went through my own non-building fiasco with a horrible boss that was harrassing me. The evidence was so clear showing what she had done to me, and I thought she'd get blasted once her VP saw what she was up to. In the end, she stopped, and finally moved on to another job, but I never got the satisfaction of anyone giving me an apology-not her or her boss. The fiasco affected my health and my family life.

I understand your need to do something more. Just be careful that you don't put yourself in a position to be further sued by him. And weigh carefully how much more energy you want to put into this. Oh, and I'm sending a mini slap upside the head to your DH for putting ANY blame on you for this. You could not have known what this guy was going to do to you. I have to assume that DH only said this to you in a moment of frustration and didn't really mean it.

Hugs,
beache