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BRIAN FRANCE CLAIMS FLORIDA RESIDENCE

Posted 12/02/09 at 9:43 AM PST by Joe Donatelli | Email This |

Our long, national nightmare continues. Re: Jeremy Mayfield case. Scene Daily reports that NASCAR chairman Brian France has submitted documents to U.S. District Court that his lawyers say will prove that France's primary residence is in the state of Florida. Earlier this year in North Carolina state court, in another case (how many cases does he have going?), France claimed he was both a resident of Florida and North Carolina. That case involved former in-laws living in a house France owned in North Carolina. One day before suspended driver Jeremy Mayfield's preliminary injunction hearing in state court, the case was moved to federal court at NASCAR's request. The move delayed the preliminary injunction hearing by a month. Per Scene Daily:

Mayfield claims in the filing that France can’t consider himself a resident of North Carolina for that case to be heard in state court and then not be a resident of North Carolina in order to have the Mayfield case heard in federal court.

I am no lawyer, so I can't tell you the long-term strategy here. (Maybe some of you smart commenters can.) What I do know is that Mayfield's attorneys have managed to keep this story in the news during the Sprint Cup's banquet week in Las Vegas, which is a PR blow. Also, it is clear that NASCAR wants this case tried in federal court, so it only stands to reason that Mayfield's legal team thinks it has a better shot in state court, where perhaps precedent is on its side. Also, it seems, the longer and louder this case gets, the better for Mayfield, who seemingly has nothing to lose at this point.


France at the Chase dinner in September 2006
 
Brian France submits primary residence documents in Jeremy Mayfield case (Scene Daily)
 
Related links:

France seeks to deny Mayfield's lawyers info from France's ex-wife
Charlotte Observer says France should not get special treatment in family court
Lawyers for Observer and WCNC call for openness in secretive France case
Brian France's secret legal troubles

1 Comments

Anonymous (not verified)2 years ago

This story comes on the same day that Bill Diehl filed a $400,000 lawsuit in NC court claiming Mayfield owes him legal fees. And now he has Geragos spending how much to determine if France is a resident of NC or FL. I happen to think Mayfield is guilty, but even if you think he is innocent, you have to hate to see him get railroaded by attorneys like this. Whether France lives in NC, FL, CA, MI, TN, TX, or the MOON, isn't going to affect the outcome of the case against Mayfield. Not one bit. But that doesn't stop Geragos from assigning someone to investigate France's whereabouts, dig through his old filings, write and submit a brief to the court. Igads, I bet you Mayfield has already run up $10,000 just filing a motion to contest where Brian France lives! If that is responsible representation, then I am the pope! But, I guess that's what happens when you hire Mark Geragos, an attorney best known for being on Larry King Live. That lifestyle needs to be paid for. Pay up, Mayfield!

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