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Comer Realty Investments/Sherri Davis


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#1 Javier Villalobos

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Posted 14 June 2010 - 06:05 PM

To the general public;
Recently it has been published in websites known as blogs, e-mails and other media information related to a criminal law suit involving Ms. Sherri Norvell Davis, Mr. Mauricio Aviles Mendoza, who are owners of a Mexican Corporation named “Empresas Islamar” and my clients corporations named Fraccionamientos Mar Esmeralda and Comer Realty Investments, according to the communications aforementioned, I hereby would like inform you the following facts and information and background so you may be able to get a true and clear understanding of the facts

• Empresas Islamar purchased a Lot resulting from a subdivision of a property owned by the Mexican corporation Fraccionamientos Mar Esmeralda who is my client which she has built her residence.
• Adjacent to her property which she purchased thru the company Empresas Islamar exists a private property owned by my clients Fraccionamientos Mar Esmeralda and Comer Realty both with clear and legitimate title registered in the public register of the city of Cozumel.
• Approximately two years ago Ms Davis illegally seized the private property and began to cut and remove trees to be able to fence in my clients property for her own personal use which she illegally did and began destroying the protected Fauna and trees. Such activities were detected by workers of both companies which I represent, I informed Ms Davis and Mr Aviles that they were trespassing and cutting down protected trees and they ignored my recommendation of leaving the property at which time I called the police and Mr. Avila was arrested at the scene and removed from the property I have documented all these actions in my lawsuit and under Mexican federal law the destruction of protected fauna and trespassing carry heavy fines and jail terms.
• My clients in defense of their legitimate rights and property did what any person in civilized democratic society will do, go to the authorities and make a official complaint and for every ones information it works in the same way in the United States. She was informed to appear before the authorities and report the facts.
• It is precisely what my clients are demanding to the authorities the right to protect their property.
• All the business companies involved are of Mexican nationality and are under the Mexican Laws.
If all of this has a negative impact in a society, then we are dealing with the helplessness of the Law. Here many of you have prejudged how the authorities have performed and also the rights of my clients but we are in a Country under the rule of law which protects everyone equally and it is not fair to prejudge any individual or action without knowing the complete facts because there is only one truth, and it is unfair that a group of people, without the slightest respect for the truth, issues opinions with no knowing anything about this matter and defaming my clients which are only exercising their right to defend themselves from an invasion of their property and rights. That is truly injustice.

Please think, what if Sherri Davis stories are lies, will you still support her?

What she didn’t tell you she has been involved in this lawsuit for over two years.
She also hired attorneys that she had the opportunity to declare.
Mexico is a country of clear laws and unfortunately for her the judge has decides that there is a possibility that she did what she has been accused of and by Mexican law she has to prove that she is not guilty its as simple as that
These legal proceedings continue taking their course in Courts, there are a lot of documents which show the illegal activities of Ms. Sherri Davis and her workers, I place at your disposal the necessary legal information to clarify and calm your concerns but with just one condition: Do it personally not behind a cowardly alias or nickname, because as you may know, there’s a legal responsibility to those who issue lightly opinions or value judgments. If any of you have proofs to defend the defendants help them but with evidence which proves their innocence, because accusing, defaming and causing a moral damage to my principals and myself do not help at all, you’re just placing yourself into an inappropriate situation. Consider very well before you continue this absurd smear campaign because if you don’t prove at Court what you’re saying you will be pursued not just legally, that’s a promise.

Consider very well the following questions before you continue wasting your time and the other’s time:
How did Islamar acquire the ownership rights of its house?
Why didn’t Islamar recognize the company which sold its property arguing that it doesn’t know its neighbors?
Why did Islamar make the decision to illegally take the land that it hasn’t acquired?
How did she come to the conclusion that nobody owned that land?
How did it occur to her to occupy my clients property both who have legal title to the property to try to take it violently with a group of people armed with machetes. Destroying the fauna and trying to install her fence around my clients property.

It is important to mention that Sherri Davis was legally notified by the authorities that now are accusing her, so she had to opportunity to defend herself in due time and form.
Please don’t be deceived, be prudent upon issue judgments with no reason because you are not only affecting the place that you love but also the community and its investors who create business opportunities and jobs to hundred of people who live in Cozumel.


Regards

Mr. Javier Villalobos
Attorney at Law
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#2 Charles

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Posted 14 June 2010 - 09:52 PM

Lic. Villalobos, thank you for posting. There are two sides to every story and hopefully your statement will calm things down. Sherri has made some unusual and sensational posts recently that caused many to question what she was trying to accomplish. It might make for a great telenovela, but it wasn't helping to settle legal issues.

It has been discussed that this has been on going for over two years and yes, Sherri has lost every case that went before a court. I wish both sides a speedy and final resolution of the matter. It seldom helps to air judicial matters in the court of public opinion. Just hearing only Sherri's story, many wondered if she was being her own worst enemy. It may have played well with the one week a year tourist, but those with experience questioned the wisdom of making such posts, it wasn't helping her case legally and it was damaging to tourism for Cozumel as a whole.
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#3 Coz2wonder

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Posted 15 June 2010 - 11:23 AM

I can only hope those who claim that the reason that most of us on CMC did not respond negativity (sending emails, making phone calls, or boycotting) to the posts by Sherri where not out of FEAR...it was because we understood, intellectually that there was more going on regards to this story.

Of course, there is always 3 sides to a story...that will be decided now in a court of law.

It is my opinion, we had NO business being dragged into to this, and have no business getting involved in it...I think that is what the message has always been from most of the posters on this site.

But, where are all those voices of indignation, where are all those who send emails and made phone calls of protest...step up, now is your chance to come forward with your facts...silence
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#4 lexicon

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Posted 15 June 2010 - 12:28 PM

I guess hearing from the other side can be a wake-up call for a lot of us. Thank you Mr. Villalobos for posting your response. I was hoping someone would, so that I could understand why this was all happening. I really wanted my faith restored in Cozumel - because I love this place so much. We will all have to wait to see what the outcome will be, but I just hope and pray that justice prevails on the side of truth.
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#5 ccannon707

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Posted 15 June 2010 - 02:33 PM

"Consider very well before you continue this absurd smear campaign because if you don’t prove at Court what you’re saying you will be pursued not just legally, that’s a promise".


What does that mean? Sounds very threatening to me.... wow.
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#6 Coz2wonder

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Posted 15 June 2010 - 02:54 PM

I didn't take it as a threat, more like a promise.

I can understand the reason for that remark. Sherri published all the phone numbers, and email address for people to contact those who she was complaining about.

I read on TA where at least one person was beating their chest, on how proud they where at sending crude, and vile email and making phone call(s) they made in Sherri's behalf. It was crude enough that the person said they could NOT post what they wrote.

How many more followed suit...as per Sherri's request, she THANKED people for doing so.

Why would anybody think that it is OKAY to harasses, cause harm, create a hostile environment, and humiliate people, and businesses in public, and they are going to get away with it?

It is unacceptable behavior in most of the world, and it sure isn't accepted here.

I think there are lessons to be learned here...I am just not sure HOW MANY.
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#7 straightup1

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Posted 15 June 2010 - 04:20 PM

"Why would anybody think that it is OKAY to harasses, cause harm, create a hostile environment, and humiliate people, and businesses in public, and they are going to get away with it?

It is unacceptable behavior in most of the world, and it sure isn't accepted here.

I think there are lessons to be learned here...I am just not sure HOW MANY."

above quote? is that meant for Comer Realty ? If in fact Sherri's car was forced off the road not shown papers, such as a warrant, no identification, no explaination sounds like kidnapping and even here in Mexico is a flagrant abuse of the law as well as beating up Sheri's counsel.
Of course not many are going to say a peep as someone said they are scared and that is a shame.
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#8 straightup1

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Posted 15 June 2010 - 04:31 PM

if they were so right in court why the necessity to threaten everyone who has an opinion. with legal remedies and other means, yes what does that mean?
If you intend to patronize the Money Bar for goodness sake dont critize their hamburger (or other things may happen.)!!
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#9 Cozucat

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Posted 15 June 2010 - 04:58 PM

What does that mean? Sounds very threatening to me.... wow.


You can read into it whatever you want. I would consider this: I found the letter enlightening, literate and rather clear. English is Lic. Villalobos' second language. I thought it was very well written. Could you write a letter of such detail in Spanish? Of course not. So instead of stirring up more sh*t just try and come to terms with the fact that on matters regarding Cozumel you are clueless and you are doing nothing but damaging the islands reputation and insulting the people that live here. Sorry your pal broke about 20 laws. Sorry she spent 3 years f-ing with people with ridiculous lawsuits of which she has not won one. Sorry that she is now going to get nailed. But it is getting old reading your negative theories. You guys have done nothing but take a simple real-estate/environmental problem and made it look like the island is nothing but a bunch of thieves where you can be arrested for walking on a beach. Go to Trip Advisor or Cozumel.net and publish this cr*p. People over there are know-nothings and you'll have a lot better chance of getting people to take your side. You notice out of all the posts there has been only one local to take your side? If you had the slightest clue as to what has been transpiring over the last several years between the offended parties, instead of just your buddy's, you would keep your thoughts to yourself.

PS: What you considered a threat...well you had a number of people here call Lic. Villalobos every kind of bad thing possible. That is illegal. It is slander. I think he is just saying he is tired of it and might take legal action against those who have public smeared him with no facts to offer. I would too. I think most people would. You guys have been on-line making all kinds of false statements. I think the way you try to get sympathy is pathetic.

God bless Mexico and save us all from know-it-all Americans that come to the island one week a year and think they and/or their local friends are entitled to steal, cheat, lie and slander.

By the way we are all still waiting for proof of the assualt at the palace.
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#10 Charles

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Posted 15 June 2010 - 09:56 PM

"If in fact Sherri's car was forced off the road not shown papers, such as a warrant, no identification, no explaination sounds like kidnapping and even here in Mexico is a flagrant abuse of the law as well as beating up Sheri's counsel.


My guess you have no direct knowledge of Mexican legal procedures and just what the procedures are in making an arrest. The police can not come to your home, on to your property to make an arrest of this type. She had stated previously that she had expected to be arrested, but evidently was not following basic rules of how to prevent an execution of an arrest warrant.

Now regarding the "beating up of her counsel". Sherri claims to have received a phone call from someone that she said told her that her attorney had been "assaulted and taken to the hospital with injuries". Even Sherri has added no additional facts or statements regarding this supposed incident. Do you really think that if this allegation had even partial basis in fact it would not be all over the press, non-stop topic on radio and TV besides the newspapers. Two major blog posts since her arrest and never another mention regarding her attorney. Sherri's stories were just too far out there for anyone with a lick of experience and any reasonable person had to discount some of her sensationalism on face value alone. Sherri lost credibility when she continued to post additional allegations without any supporting information or sources.

Perhaps her legal team would like to present her side in the court of public opinion and dispute statements made by Lic. Villalobos. Lic Villalobos had no obligation to make any post on a public forum except as a courtesy. He had consistently won every round in a legal court where it counts. Locals were trying to calm the situation while Sherri seemed intent on only pouring fuel and trying to play the role of Joan of Arc. She might go down in a blazing glory, but her dreams would still be reduced to cinders. Lic. Villalobos was pointing out that given Sherri's seemingly self destructive behavior, did people want to share her experience out of ignorance.

I hope this is educational, you are not in Kansas here. You can't click ruby slippers and go flying to somewhere over the rainbow. It does seem to have been a reality check for some people.
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#11 straightup1

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Posted 16 June 2010 - 05:41 AM

As you doubt Sherri's account you have to also be suspicious of the other party. I dont know either party but we all know the familar term of how the coggs turn here. Looks like Sherri needs a better attorney if he/she were worth a grain of salt she would not be in hiding. Yes it was well written but the threats at the end spoiled his delivery.
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#12 MexFan2

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Posted 16 June 2010 - 07:13 AM

I am happy to see the post by Villalobos also. It is nice to read both sides of the story--that was needed. While he had no obligation to post, I am sure Mr. Comer was in need of a little PR repair work which Villaobos set out to do and did a good job in outlining the facts, as they see them.
I did appreciate the post--but did find the threat not really necessary. To me, it only did damage to an otherwise seemingly credible post.
But the rhetoric seems to have cooled down and that can only be a good thing, in my opinion.
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#13 Charles

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Posted 16 June 2010 - 09:25 AM

I interpreted the "threat or promise" to mean not just through the court system, but possible deportation which would involve immigration and violating rules governing the behavior of foreigners. There have been too many instances of people that have a false sense of entitlement of imposing their cultural values upon a place that they have no moral nor legal standing.

I doubt public relations damage control was of any concern in the long term profitability of the business. Personally I will not be using the services of the Money Bar, but I didn't go there under previous ownership and format. I rarely "do" beaches and even more rarely any beach clubs period. I guess I got burned out on beaches and water after decades in Florida. I am only on the island for six or seven months a year and it has been years since I have been to a beach or even the other side of the island in Cozumel.

Boy, a posting of legal arguments by Sherri's counsel would be interesting (if he has "recovered" and can type), we'd get a idea of how and why a judge might rule based upon the opposing sides' legal arguments. Of course an understanding of the foundation of Mexican law would be required to judge the credibility of judicial decisions.

I do hope things are calming down now. TA is deleting all threads relating to this topic and only the message board owned by Chuck Jones, moderated by Tony Rome has allowed inflammatory statements to stand. The whole affair was not helping Cozumel tourism, but most people of local knowledge and potentially sympathetic on a personal level have been convinced that this activity was hurting Sherri's position.
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#14 nauticab

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Posted 16 June 2010 - 03:28 PM

seems like title problems with the palacio (catastral, etc). she supposedly got court ordered full possession after an extensive title search with no leads. the previous dzul ha owner, with the old hotel, was there to speak to for any clarifications WAY before money bar bought the property.
villalobos states the property is comer's. someone in city hall seems to have messed up if BOTH parties have clear title. if both parties are telling the "truth" as they know it, it is probably a human error made a long time ago and perhaps (remember, i am saying PERHAPS) a little happy money has helped one side get the favors. it is how things get done around here, whether you like it or not. scratching backs is a local past time. it's a shame it has gotten ugly.
sherri, if you are reading this, GET A NEW LAWYER. don't stop, or even think about it. get one now.
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#15 straightup1

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Posted 16 June 2010 - 06:28 PM

I dont know who you are nauticab but I find your post the most intelligent so far. I agree Sherri needs a real lawyer!! I she has been fighting this for 2years and this is where she is now there is something wrong. Get a new attorney. NOW.!!!
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#16 nauticab

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Posted 16 June 2010 - 10:31 PM

aw, gee thanks! :)
i just hope it gets resolved and both parties have some level of happiness in the end. and for the sake of everyone's curiosity, that some details are given as to the end result.
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#17 Richard W

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Posted 17 June 2010 - 05:31 PM

I lost a long post huh? Humm guess my finger slipped........
Anyway. I talked with a Retired Appellate Court Judge / Retired Law Professor. ( we're both sailors and sailors always help sailors and he needs a lot of electrical work done on his boat :rolleyes: )
Its been said that a GOOD......Lawyer or Politician ....can tell you to go to he ll in such a manner as to cause you to look forward to the trip.. ;)
My Retired Judge, Lawyer, Law Professor, Sailing buddy says ...........
In His Professional Opinion.. This is no longer, and has NEVER really been... between Davis or Comer!!! EVER!!!
PROVIDED! Both Parties have shown a Judge somewhere along the line, their thought to be ,and in leagal posession of , legal binding papers, proving ownership..
Then I asked,( already knowing the answer and I am NOT a Lawyer!!) who is at fault? One of the Two entities who provided the alleged....Legal documentation of clear title..Done deal!
There Are Only ........ 2 simple questions!!

#1.Which Title is legal and binding ......?
#2. Was the other title a case of Fraud ......or a chain of mistakes? We Both Doubt it was a chin of mistakes .. but it could have been.
I asked would it be the first title? His question to me was? Was the earliest Document really clear?

We also discussed the "threat"...... He asked how I thought that would play out in the Press ? Asked me as well, what I thought Elected Officials from Maine to California would do with this news ?

This question begs to be asked.
If its justifiable under the law , to Arrest Jail and Deport a Tourist for comments or opinions made on a chat board originating from a North American Web Hosting Facility? What will be the legal ramifications for the Fabrication of an Illegal Sale and the Production Of .... a Fraudulent Land Deed?
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#18 CZMDM

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Posted 17 June 2010 - 06:23 PM

Richard I hope that prior to your legal discussion you informed your friend that Cozumel and Illinois are not in the same star system. :) This is clearly pointed out in the Hitchhikers Guide to the Galaxy.

And "Its been said that a GOOD......Lawyer or Politician ....can tell you to go to he ll in such a manner as to cause you to look forward to the trip.. ".........although I am sure a Lawyer or Politician would love to lay claim to something that was not theirs if they could, that phrase is a description of an Irishman and the Irish do not take lightly the theft of Irish intellectual property.
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#19 Richard W

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Posted 17 June 2010 - 07:13 PM

Whatever CZMDM .........chain of evidence remains
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#20 CZMDM

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Posted 17 June 2010 - 09:52 PM

Uh....it was a joke. Sorry. I shouldn't have posted that. I know how you feel. Even though never trained in aero-dynamics, I once had a dive group from NASA and I know that now I am completely competent to give advice regarding Space Shuttle landing practices.
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