If one reads the complaint, they will find that my father accuses me of stealing $230,000 from his individual account, and making other large withdrawals from his individual account. SR accuses me of trading stocks out of his account. Frankly, this alleged charge is hard to follow and confusing. Also, he accuses me of going to the Batesville branch of Regions to steal his money, and at that branch they told me that SR had revoked my POA.
In my discovery propounded to SR in early 2022, I ask to see the evidence of the allegations.
There were no documents presented to show illegal stock transactions. The only evidence that I went to Batesville and was notified of the POA revocation was a statement from my cognitively deficient elderly father. I was sent these documents as the only evidence that would be used to prove SR’s claims.
Let’s anaylze the documents submitted to me as evidence of the charges against during the discovery process.
The first page is a screenshot of an account ending in 4653. This is a money market account that was opened for the sole purpose of depositing the stolen funds into. I was not aware of this account until after I went to Regions Bank in Oxford to reverse my father’s illegal transaction using my in effect POA. You will see a deposit on 05/19/21 for $230,000. This was the joint funds that my father transferred from our joint account. On 06/09/21 $230,000 is withdrawn from the account. I did that. Usesing my POA, I transferred the funds back to the joint account. Therefore page 1 is not evidence of any claim for damages that Swayze alleges, but Swayze says it is, and Swayze is lying.
The second page is a screenshot ending in 8739. That account was our joint accounts. One will see a credit for $238k on 05/05/21. That was a deposit made by my father and I at the Regions Bank in Oxford of the sales proceeds of a house we owned jointly. We both were present and we both ensorsed the check. One will see several transactions in denomitions of $1,000. I paid off some short term debt for both of us. I explained every one of those transactions to my father before I made them. He did not object. I did not need to tell him or get his permission as I held a power of attorney to conduct such transactions on his behelf. Furhermore, I have accounted for all the transaction in a court order accounting that has been filed. On 05/19/21 you will see a withdrawal for $230,000. That is my father under the influence of his sitter to take the money without telling me. On 06/09/21 a $230,000 deposit is made and withdrawn the same day. That is me putting the money back into the joint account. Then I transfer the funds to our respective TDAmeritrade accounts, so that Evelyn, the sitter, cannot figure out how to get the money again. Therefore page 2 is not evidence of any claim for damages that Swayze alleges, but Swayze says it is, and Swayze is lying.
The third and last page is a screenshot ending in 6834. This is my father’s individual checking account. When I noticed the money from the joint account was missising, I assume incorrectly that SR transferred it to this account. On 05/28/21 I made an online transfer from his individual account to the joint account for $230,000. This is a legal transaction, as I had an in effect POA, that gave the authority to make that transaction. On 06/01/21 the bank reverses the the 05/28/21 I had made, becasue there is insuficent funds. The two transactions net to zero. Therefore page 3 is not evidence of any claim for damages that Swayze alleges, but Swayze says it is, and Swayze is lying.
I ask SR in in my discovery propounded to SR:
INTERROGATORY NO. 2: Please identify, by amount and date, each and every “‘very large sum of money” that you alleged Sullivant, Jr. has transferred from Sullivant, Sr. ‘s checking account, as described in Paragraph 6 of your Complaint.
RESPONSE: To Plaintiff’s knowledge, there was a $230,000.00 transfer on May 19, 2021. As discovery is ongoing in this matter, Plaintiff reserves the right to supplement this response.
INTERROGATORY NO. 3: Please identify the date in which you notified Sullivant, Jr. of the revocation of your 2017 Power of Attorney, including the manner in which such notification was delivered.
RESPONSE: I did not personally notify Sullivant, Jr. of the revocation. Upon information and belief, someone at Regions Bank informed Sullivant, Jr. when he tried to access my account.
INTERROGATORY NO. 4: Please identify, by amount and date, each and every time you allege that Sullivant, Jr. has taken Sullivant, Sr.’s money for his own personal use and benefit, as alleged in Paragraph 9 of your Complaint.
RESPONSE: One reason I filed this lawsuit was to stop Sullivant, Jr. from taking and further monies and also to obtain any necessary records and accounting so I could figure out if he had taken any additional funds that belonged to me.
Should also note, on 05/20/21 Evleyn took SR to an attorney to revoke my POA, so I could not transfer it back, but as stated above they did not notify me. I have stated this in several affidavits. Per the MS Code I have to be notified of the revocation, and if a statement is made in an affidavit that I was not notified then that is conclusive evidence that the POA was still in effect.
In response to interrogatory No. 4, SR states that although he accuses me of stealing his money, he has no specific knowledge or evidence of such allegations.
In response to interrogatory No. 3, SR states he did NOT notify me of the POA revocation. He states it is his belief that someone at Regions bank in Batesville told me. This is not good enough to prove that I drove all the way to Batesville to do what I usually do in Oxford. Consequently in SR’s response to my appeals petition for recusal (pg3 para. 2) admits that I did not go to Batesville.
Just to be complete and give Swayze some more rope to hang himself, I popounded another round discovery after amending my complaint. Swayze did not disappoint.
REQUEST NO. 13: Produce any evidence to support your claim that JR used the Costco Visa card for personal use.
RESPONSE: Please see attached Costco *5139 statement dated June 22, 2021 through July 22, 2021 labeled as Exhibit E.
REQUEST NO. 14: On page 3 of your RESPONSE to JR’s petition for appeal of Motion for Recusal, filed on August 29, 2023, you state ” [I]t came to Sullivant Sr. ‘s attention that Sullivant, Jr was taking large sums of money from Sullivant, Sr’s checking account.” Produce a list of the alleged withdrawn sums of money and any back up documentation of said transactions.
RESPONSE: Please see attached Regions Transaction records labeled as Exhibit D.
REQUEST NO. 15: On page 3 of your RESPONSE to JR’s petition for appeal of Motion for Recusal, filed on August 29, 2023, you state “[Sullivant Jr.] successfully withdrew and transferred the sum of $230,000 from Sullivant, Sr.’s new money market account to account in his name only.” Produce evidence of the banking transfer showing a transfer from Sr.’s account to Jr’s individual account as described.
RESPONSE: Please see attached Regions Posted Transactions for Account *8739 dated May 5, 2021 through June 9, 2021 labeled as Exhibit F.
Swayze alleges at the Hearing for Summary Judgement that I illegally used my father’s Cosco Visa Card. He means the Cosco Visa card that my father had issued to me so I could pay for household expenses. A card that I did not ask for. It should be noted that no Cosco Visa card transactions were noted in the prior discovery, so that is inadmissible. Secondly, Swayze stated that I made illegal Cosco card transactions. He had no evidence. Again speculation at best. He needs to present the evidence. It does not count if you just say it. This a court of law.
Just to give Swazye some more rope to hang himself, I gave him another shot at the Cosco Card allegation, when I ask him to provide it in discovery after I amended my cross complaint. He sent me this. It is a Cosco Visa card statement for one month. The charges listed by “Robert B Sullivant” were made by father, and the charges listed as “Robert Sullivant” are made by me, an authorized user of the card. I am certian Swayze did not analyze this ‘evidence’ long enough to know who made what charges or even if they were questionable charges. He just made an irresponsible allegation without evidence. Why? The only answer I can come up with is that Swayze is a professionaly careless, predatory, narcissitc phsycopath.
What few charges made by me are legitimate household, monthly expenses. This is not evidence of anything that I was charged with in the complaint. The evidence Swayze carelessly presents only proves that he knowingly lied at the hearing for summary jeudgemnt, or has had made a fool of himself. You decide. Either way Swayze has malicously prosecuted me with a civil suit, caused my father and me incalcuable damage, and does not need to a holder of a Mississippi law license.
In response to Request No. 14 Swayze provides Exhibit D as evidence that I took large sums of money from Sr’s checking account. Exhibit D is the screenshot described above at account ending in 6834. As noted, I was attempting to retrieve the funds that Evelyn and my father conspired to and did steal from the joint account. There are two transactions that net to zero, so in the allegation that took money from his checking account in not true. If the money was never there, then it could not be taken. Swayze should now that he can’t sue me for getting my money back using a legally in effect POA. I was complying with my duty as described in the POA by keeping it away from Evelyn. By the way, they were planning on buying a house with the cash. Also, should be noted that it was Evelyn that found Swayze, made the appointment, and sat in on the meeting which Swazye decided he would sue me.
In reponse to Request No 15 Swayze provides this document. This is the same document as ‘page 2’ above or the screenshot of account ending in 8739. This is our joint account, not SR’s new money market account. The action by Swayze claiming that document is evidence of what he alleges in his reponse to my pettion for appeal of the reusal decision is beyond malpractice, it’s clear and convincing dumbass-ness. Therefore Swayze has no evidence of what he has charged me with. This case should be dismissed immediately, and state needs to take his licesne away.
So Swayze relies on the word of my father’s sitter that I stole money from my father. He has not given a scintilla of any evidence of any wrong doing. Not only that, Swayze’s suit was based on the belief of an elderly man without cognitive reasoning ability that believed that I drove all the way to Batesville to make a bank transaction that I actually made in Oxford. Then Swayze tries to pass off a few copies of screen prints of bank transactions as evidence that I stole money. Really? The fact that this case has gone on for 3 years has to be the most tragically corrupt civil suit in US history. Dare you to prove me wrong.
As of October 17, 2023 for a law suit filed in October 2021 Swayze has not produced any evidence, he does not any have a legit charge to base the suit on, but he keeps on going. Swayze is lying as an officer of the court and a holder of Mississippi law license everyday that he allows this suit to continue and destroy the lives of my two member family. What kind of attorney would have ever filed this against his client’s son, and not even send a demand letter? I have to ask my fellow Mississippians is Swayze just really bad stupid, or is Swayze Alford a predatory, narcissistic psychopathic lier?
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