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The Principles of Sound Design
In this thread I am going to try to explain the fundamentals of sound design. Sound Design is the most esoteric of the film arts and the least well understood by the public, the vast majority of filmmakers and even by some who market themselves as a Sound Designer. For this reason, virtually all new, no, micro and low budget filmmakers either aren't aware that sound design actually exists, misunderstand what it is or even consciously avoid it.
In this thread I will try to explain what sound design really is, what it is not, why it is so fundamentally important to modern filmmaking at all budget levels and how you can change the way you approach your filmmaking to include sound design. Hopefully by the time I'm finished you will also appreciate why I've posted it in the Pre-Production forum rather than the Post Production forum.
While I've already posted some of the information in other threads which I'm going to include here, I thought it would be good to put it all in one place, expand on it, make it more cohesive and to create a useful resource. I'm even going to post and go through a scene of a project I worked on, to provide a practical example of what I'm talking about. It's going to take time and effort to cover all this so I'm going to spread it over several posts in this thread rather than one single long post.
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/me bookmarks this thread. Thanks, really looking forward to what you have to say! While sound is something I'm very interested in getting right, I have to admit its an area I've probably neglected most at this point in my studies.
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Ok, I'm hooked!
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What Sound Design is Not:
Sound Design is not Foley, Sound FX Design, Dialogue Editing or processing and mixing the output from all these sound departments (even if all these departments are in fact the same person in the case of no budget films). Neither is it the act of editing the sound and/or choosing which sounds work or sound right. Although sound design includes all of these audio crafts it is far more than even of all of them combined.
What is Sound Design:
It's actually extremely difficult to pin down exactly what sound design actually is. The closest relative to sound design is orchestral music composition. In fact, when asked to give a brief answer to the question of how to "do" sound design Randy Thom, one of the world's great sound designers, said; "If you want to know how to do sound design, go and listen to the Mahler Symphonies"! He said this because the basic principles of sound design are identical to the basic principles of orchestral music composition. Instead of violins, trumpets and other instruments in the orchestra, the sound designer's instruments are the all the possible sounds (including the dialogue) which could be present in the various scenes, plus a few abstract sounds which may be appropriate.
Ultimately, Sound Design is concerned with the shape of a film. Like a good example of just about any art form, a good film has shape; peaks and troughs in the pace of the film to keep the audience intrigued and "on the edge of their seats". A good piece of orchestral music is one which sometimes uses just a few individual instruments, sometimes combines different groups or sub-groups of instruments and uses the contrasts this presents with the full orchestra playing to create both emotional responses and the perfect balance of pace and energy with periods of respite to generate excitement and entertainment. A good piece of orchestral music isn't one which uses just a sub-group of instruments all the time or has all the instruments of the orchestra playing as loud as they can all the time to try and make it exciting because this would achieve the opposite, the lack of difference and contrast would make the piece boring! This is why Randy Thom quoted Mahler, Mahler was a master of changing moods and pace through the use of contrasting instrumentation; sometimes rapidly, sometimes gradually, sometimes shockingly and sometimes subtly. BTW, if you're interested, I would recommend Mahler's 5th Symphony.
Sound Design then is the act of integrating the sound with the other film arts to generate emotional response, pace and shape.
Why is Sound Design so Important?
There are a number of answers to this question, I'll try and go through some of them:
1. While there are many examples of great "in your face" sound design, the majority of sound design work is intended to be perceived sub-consciously. This is the great strength and power of sound design as a film making tool: It can bypass the logic and intellect areas of the brain and can be aimed directly at the audience's sub-conscious, thereby offering an incredibly powerful and effective method of manipulating the audience's emotions and perceptions! This explains what I said earlier about audiences and many filmmakers not understanding or appreciating sound design, most of the time audiences are not supposed to even be aware sound design is happening, let alone understand it!! An obvious example of a great "in your face" sound design would be Saving Private Ryan. There are countless examples of excellent but subtle sound design. For no other reason than it's been mentioned here several times before but never for it's clever sound design, 12 Angry Men. In fact, ...
2. Pretty much every film you or the public would regard as great also had great sound design, this is NOT a coincidence. Pretty much every director in the last 60 years or so who you or the public would consider great, is a master at using sound design as a story telling tool, this also is NOT a coincidence!
3. The complaint most people have in general with low budget indie films is that nothing much seems to happen, they are uninteresting and boring. Most indie filmmakers would say that's because the script wasn't good enough. While that may be the case, they are probably missing the obvious, poor pacing! A lack of shape, not enough climaxes or energy to contrast with slower paced scenes and/or anti-climatic climaxes. The filmmaking tool which is so closely related to shape and pacing should therefore be a particularly important tool to the low budget filmmaker but if anything the opposite is true?
4. The fact that so many no/lo budget filmmakers have so little understanding of sound design and employ it so poorly or not at all, presents a fantastic opportunity to stand out from the crowd for those who do!!!
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Awesome! I'll be keeping my eyes on this thread. Many thanks!
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Originally Posted by
It's actually extremely difficult to pin down exactly what sound design actually is........
Originally Posted by
Ultimately... Sound Design... is the act of integrating the sound with the other film arts to generate emotional response, pace and shape.
This is
what sound design is. See? That wasn't so difficult, was it?
of filmmaking is about generating an emotional response in the audience. This is something many indie filmmakers do not understand, or, if they do understand, forget about once they become involved with the technical aspects of making the film.
As I harp upon so frequently, filmmaking is about communication - communicating with your backers (even if it's just the loan of a piece of gear, or someone letting you use their house as a location), communicating with your cast, communicating with the production crew, communicating with the post team and, what filmmaking is really all about, communicating with your audience.
The sound of the film is integral to the entire process of filmmaking, not an afterthought when shooting has been completed. The characters inhabit a sonic world, not just a visual world. As a director you need to preplan that sonic world in addition to the visual world.
Sounds affect us on a "subconscious" level every minute of the day, even when we sleep; it is the only sense we can never truly turn off. And that is a part of the problem for fledgling filmmakers; only the obvious sounds register "consciously" and all other sounds are "ignored." Yet the "unheard" sounds in our environment supply us with a multiplicity of information on a subliminal level. When applied to sound-for-picture (and quite a few of the other filmmaking crafts) the filmmaker already knows what is happening in the film, but we forget that the audience does not. Our job is to fill the gaps - to provide information - in a subtle way. One of my favorite filmmaking dictums is "Filmmaking is the art of the invisible; if anyone notices your work, you haven't done your job correctly." Sound design is one of the most subtle of filmmaking crafts.
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Originally Posted by
Alcove Audio
This is
what sound design is. See? That wasn't so difficult, was it?
No, it wasn't so difficult but while that definition might be exactly what sound design is, it's far too vague to define precisely what sound design is. That definition for example does not differentiate sound design from sound editing and mixing and that difference is what confuses many filmmakers, even some who call themselves a sound designer and is fundamental to employing sound effectively.
Anyway, I've got some time over the next day or so and I'm going to start on the next instalment a little later.
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I have a question could you expand on the term diagetic sound it was passed on to me by someone and I'm thinking its basically sound design?
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Originally Posted by
Anyway, I've got some time over the next day or so and I'm going to start on the next instalment a little later.
Yes , please do that.
This is all super interesting but while i understand what you mean, it really does next to nothing into actually making me able to "design" sound. I hope you're gonna get there at some point.
NB : Can I be granted academic credits for following this thread ?
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Originally Posted by
I have a question could you expand on the term diagetic sound it was passed on to me by someone and I'm thinking its basically sound design?
All sound (inc. music) in film can be described as either diagetic or non-diagetic. It is a term used mainly in academia, although it is starting to filter it's way into mainstream film makers vocabulary. A diagetic sound is one which you hear in the soundtrack AND see in the visual images, a non-diagetic sound is one which you hear in the soundtrack but do not see in the visual images. A non-diagetic sound could for instance be the sound of birds singing, dogs barking or traffic noise in the background of the soundtrack to give the impression of a time, place or emotion but we can't actually see any dogs, birds or traffic in the movie.
Originally Posted by
This is all super interesting but while i understand what you mean, it really does next to nothing into actually making me able to "design" sound. I hope you're gonna get there at some point.?
Yes, I'm working on that now and will start to post in a little while! I appreciate you want to get to the juicy parts (!) but the great danger is that by focusing on the obvious juicy parts you'll end up missing the whole point of what sound design really is and therefore never really understanding what's it's for or how to use it to it's full effect. Sound Design is a holistic film art, it is not about designing sounds, that's "Sound FX Design" which is only one part of Sound Design, not Sound Design itself, as my posts so far have tried to explain. An analogy, knowing how to operate a camera is essential to cinematography but good cinematography is much more than just knowing how to operate a camera.
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A Sound Design Example:
At the bottom of this post is a link to a video clip for you to download. Can I please ask you to NOT click that link BEFORE you've read the rest of this post. I believe it's important for me to explain a bit about this clip, then why I've chosen it and lastly how I would like you to watch it for the first time:
Although many millions of people have seen the film this clip is taken from, there's little chance you'll recognise it. If you do, I would ask that you don't post that information here publicly. Although I don't believe the production company would object to me posting it, as it's being used for educational purposes and is probably covered by fair use, it is copyrighted and I don't own that copyright!
I could (and have in the past) used the Omaha Beach Landing Scene from Saving Private Ryan to explain some sound design principles here on indietalk because it's such a fantastic example and many are familiar with it. However, from a lo/no budget filmmaking point of view it's a poor example because it's not representative of the type of scene most here usually make. The example we're going to look at is from a film which by indietalk standards is still high budget but this particular scene takes place entirely in a single small room and is one of the main climaxes in this section of the film. The difficulty facing the filmmakers was how to inject pace, energy and tension into this scene to make it powerful and climatic, when all we've got to work with is a relatively innocuous single room and no hard action. This is exactly the same difficulty faced so frequently by no/lo budget filmmakers and is therefore in my opinion a much more appropriate and useful example. The other advantage is that as I worked on this scene, I'm privy to exactly what was done and why, whereas with Saving Private Ryan I am to an extent just making educated guesses.
The clip you are about to see is the entire scene, the frame before and the frame after are cuts to different sceens. The first thing I would like you to do (after you finish reading this post) is to watch the scene through in it's entirety, from the point of view of the audience. By that I mean not to be looking at what was done and why; the edits, acting, makeup, camera angles or even though we are discussing it, the sound. Actually, this exercise is probably the most important lesson you could learn from this thread. It's very difficult to separate oneself as a filmmaker from the technicalities of how a film or scene has been created and many times more so if you are the one who's put the time and effort into creating it! However, without this ability to be objective; to view the film from the audience's perspective, your chances of making a film to which an audience can relate and feels involved in, is massively reduced. If you are only able to view this scene as a filmmaker, the chances are that you won't feel emotionally involved and the scene won't work for you as intended.
To help you view the scene as an audience would, before you watch the clip you need to know it's background, the story as the audience (you!) knows it at this point: A particularly warped serial killer is on the loose, their female victims are horribly tortured and mutilated before eventually having their throats cut and are left to bleed out. Of the 3 victims so far, one (a street hardened prostitute) has miraculously survived. The audience (you!) saw the victim being picked up and dumped and are aware what was done to her and that she survived but you have not seen her for sometime because the police have been unable to get to see her for many days due to her critical condition. While the investigation to this point has thrown up various suspects and surprises, there is not currently any hard evidence or other reliable witnesses, so the testimony of this victim could be crucial...
TRII Sound Design Clip
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OK, just before I get into the fine details of what was done and why, I want to emphasise that what we are going to be doing is looking at one part of sound design. All this example demonstrates is the use of sound design for one scene, what's far more important is how this one scene combines, compliments and contrasts, with all the other scenes to make what is hopefully an exciting, entertaining and therefore a good film. So while this scene may represent a good example of sound design at work, we can't say just from this snippet if the sound design for the film was good. Just wanted to be clear!
Sound Design an Analysis
OK, so I realise you're seeing it in isolation so it's difficult to put it into context but I hope you'll agree that it was quite a dramatic and powerful scene and therefore probably succeeded in it's goal of creating one of the film's points of climax. I don't want to make out sound design was entirely responsible for the dramatic impact of this scene. If the acting, script or editing were terrible, no amount of clever sound design would have made the scene anything other than maybe marginally better than terrible. What the sound design has done is taken a good scene and manipulated the audience into experiencing the scene rather than just watching it dispassionately. By involving the audience we have hugely enhanced their emotional response and hopefully created entertainment. So what did we do and why?
00:00 The dialogue at the beginning is very quiet almost inaudible. The first few words are not essential to the story, so to give us the opportunity to use contrast we start very quiet, we also have a little Foley, a monitoring machine beeping, no background ambience SFX but quite a high level of room tone (RT). This last is a compromise, our dialogue is going to jump in level soon and we don't want the RT to jump with it because it will sound too obvious an unnatural. As an aside, this was made over a decade ago and the noise reduction tools we had then were not as efficient as we have now.
00:08 Just before this cut we introduce some quiet breathing sounds of Marilyn (the victim) to focus the audience's attention on her and help carry us across the cut. Michael's dialogue jumps up in level and becomes more present, to make the scene feel more intimate, supporting the close up. We also add, very low in the background some very distant indistinguishable noises as Marilyn opens her eyes. These noises are swamped in reverb reminiscent of a hospital, school or other large hard surfaced interior building. This is very subliminal but it's as if upon waking Marilyn becomes aware that she's in a hospital. The heart monitor sound and RT continue absolutely unchanged, to maintain continuity across the cut.
00:14 A Marilyn breath takes us across the edit, the background sounds also continue but are not a loop. The introduction of some Foley for the pen on the paper at higher than realistic levels, draws the audience's attention to Pat, what she's doing and maintains some some sonic interest beyond the dialogue. Another Marilyn breath takes us across the next edit although there were none during the scene itself. We're only just starting to build the tension and the breathing sounds are going to be one of the elements we use to do this, so we need to establish the breathing sounds but not overplay our hand at this point.
00:20 The note taking Foley takes us across this cut along with Marilyn's breath, Heart Monitor and RT also unchanged. At 00:25 a bit too much of a hole is filled with some (non-diagetic!) Foley steps in the corridor outside (EQ and our hospital reverb) which also adds depth and perspective to the mix, reinforces our sonic location.
00:37 Slight, almost imperceptible rise in Michael's dialogue level again, even more present and intimate, now we can even hear the lip smacks but still not his breaths, we've still got a way to go. We've had some quiet moans from Marilyn and we can hear her breathing more frequently now, we're building shape. Slight push on the word "Marilyn", a subliminal ring of the bell to start the fight sort of thing.
00:47 I can't tell you how many different buzzer sounds we went through until we found the exact sound the director wanted!
00:54 More happening and a pushing up of the levels of background "hospital" sounds, to increase the pace a little. Marilyn's breathing is also gradually ramped up until constant, with some more frequent quiet moans. Pace an energy getting higher all the time, with the buzzer, dialogue, background FX creating many layers of sound until...
01:16 Ramp up Marilyn's breathing a significant notch but we've still got further to go. Let's have a little contrast, take the pace down a notch or two and create some shape rather than just trying to make the whole thing relentless. So we drop the background sounds right down low again but we don't want it to be obvious so we maintain everything else and use the ramped up Marilyn breathing to hide what we've done.
01:28 OK, break over! Let's ramp those hospital backgrounds up again. From here we gradually increase the speed of Marilyn's breathing, the frequency of her moans, very slightly increase the volume and subtly introduce the sound of Michael's breathing until...
02:20 Now we can hear Michael's breathing constantly (in addition to Marilyn's) and it's quite heavy and fast. BTW, using breathing sounds is an old sound design trick, so old in fact you have to be careful not to cross the line into cliché and the audience becomes too consciously aware of what you're doing. This trick works at a physiological level, if you hear someone breathing fast or heavily your breathing will speed up in response. It's assumed this response is an ancient automatic defence mechanism to increase the metabolism ready to respond to danger. We want to create shape and respite at this point again though, so we cut Marilyn's breathing completely and the background FX. Now we got somewhere to go at...
02:35 We really need to ramp up the tension here, so let's bring Marilyn's breathing back in, even higher in level and more present than before, we'll also wring the last ounce of pace and drama out of that buzzer sound. At 02:43 some coat rustling Foley brings Pat into the scene and as we really starting to rock, Pat's dialogue becomes more present and louder and her breathing is also gradually ramped up. By...
03:13 We're throwing everything we've got at it, the full orchestra is blasting away and the buzzer should be on fire by now! But, we don't want to lose impact by doing to much of the same thing so we're going to change things, create another change of pace. That heart monitor sound which has been going on incessantly for so long that we've become oblivious to it is going to be changed and the very fact that we're changing something we've grown so accustomed to is going to sound quite shocking. By ...
03:20 We've cut out all the breathing sounds, background SFX and all we're left with is the dialogue, new heart monitor and RT. Now we're almost back to where we started, so we can build it up all over again. It's like we're playing with and teasing the audience, I love this job!
03:34 A pen click piece of Foley starts the ball rolling again. First with Marilyn's breathing and then the dialogue when it comes in is not so loud or present as it was before. What we want to do with Marilyn's breathing, have it slower and quieter to start with so we have somewhere to go, doesn't really marry up with the visual images of Marilyn but shape and pace trump perfect sync, unless that lack of sync takes you out of the scene (which it might do now you are aware of it!). BTW, all of Marilyn's sound (breathing, moaning, etc.) was ADR for the whole scene, we needed far more flexibility with these sounds than the production sound would have given us.
04:00 By now Marilyn's breathing has worked it's way back up to being quite loud and present. The over-hyped pen on blanket Foley really draws your attention to what Marilyn is doing. It was decided to not put in some serious groaning from Marilyn in the CU at 04:03, we've still got to get to the the big peak and a very low level hard straining sound worked well. Meanwhile the 2 tone really annoying heart monitor is doing it's job well to maintain tension and pace. Wish I could take credit for designing that one!
04:18 The completely over the top Foley of pen ripping through the paper adds to the impression of the strain and effort Marilyn is putting into this interview. We tried hard to communicate Marilyn's outrage at what had been done to her and small details like making the sound of the pen ripping through the paper as angry and violent as possible all adds to the manipulation of the audience's perception and involvement in the emotions of the characters.
04:29 We're really starting to cook again now! Marilyn's breathing is at warp 9. We cut in an extra line (from an alt take) here, where Michael says "was there a zig-zag on the back door of the van" because the picture and the script left too much of a hole and lost momentum. When the picture goes to full screen we want more impact from the dialogue at that point so we left the level of the extra line lower and less present. We also go into smoking the buzzer SFX again for a while and now we're at full tilt.
04:44 We drop back on the use of the buzzer here and also pull back on Marilyn's breathing, to create a bit of contrast and bring in the most extreme straining and gasping sounds we've got for Marilyn. We've been at the peak and the drama we're trying to create is to help the audience experience the depth of Marilyn's emotions. We want the audience to feel that Marilyn is almost prepared to kill herself in the extremity of her efforts to give the police information to help catch the perps. We also push Michael's dialogue both times he says "yes" to emphasise the importance and accomplishment of Marilyn's evidence.
There's more details than I've listed above but this should give you a reasonably good idea of what we did and why. In the next instalment we'll start to look at what you can do to start implementing sound design principles into your own projects.
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Awesome, APE. Just awesome. Thank you for sharing!
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Originally Posted by
The example we're going to look at is from a film which by indietalk standards is still high budget but this particular scene takes place entirely in a single small room and is one of the main climaxes in this section of the film. The difficulty facing the filmmakers was how to inject pace, energy and tension into this scene to make it powerful and climatic, when all we've got to work with is a relatively innocuous single room and no hard action. This is exactly the same difficulty faced so frequently by no/lo budget filmmakers and is therefore in my opinion a much more appropriate and useful example. The other advantage is that as I worked on this scene, I'm privy to exactly what was done and why, whereas with Saving Private Ryan I am to an extent just making educated guesses.
I haven't yet read the entire post but I just want to mention that I'm getting a hard-on just by reading this.
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Didn't have time to observe the video, but am planning to follow this thread thoroughly. I stopped at the context... but looking forward to the exercise later tonight. Already thinking of ways to communicate better with my viewers.
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text:
BIG HUGS AND MANY THANKS to all of our wonderful family members (actual family, extended family, farmers market family, friends family, work family, walking family and more) who came out in support of KPK's first day at the 2013 Frankfort Country Market in beautiful Frankfort, Illinois. Thank you for sharing Father's Day with us and stopping by for a Fried Asparagus Bruschetta Special, an Herb Infused Lemonade Iced Tea or the KPK TRIO. We had a blast and were very touched and excited to FEEL THE LOVE : )
Looking forward to our next day at the market . . . Sunday, June 30th. If you can't make it, come on out the following weekend on Sunday, July 7th! We'll let you know about our seasonal specials and we're baking some extra COOKIES too!
Stay posted with KPK right here (or on our Facebook page) for more updates.
Thank you everyone!
Love, Katie

subset: commoncrawl


text:
My wedding anniversary is on Tuesday (8 years) and to celebrate, we have left the kids with my mom and are headed to Tulsa for a little getaway. :) I'm all packed and ready.... just waiting on the hubby to get himself packed and ready.
I'm looking forward to shopping and buying me some new school clothes. I really like wearing dresses with leggings so I think I'll shop for a that. :) It's tax free weekend as well so that will save us some money.
I weighed in this morning. 182. I'm bloated, ate horrible last night, and don't want to talk about weight today. I'm still looking at how my clothes fit and will just forget about the scale for now.
I've been feeling off my game. I went running the other night but haven't done anything in a couple of days. I need to get my head back in the game. I have this 5K I need to be prepared to run. I don't want to look silly walking the darn thing. :) I'll get there, I just need to do something to jump start my mood back into things.
We went to the wedding on Friday night. It was hot but I didn't melt. The bride was beautiful, the company of friends was great. I had a lot of people that haven't seen me in a while comment on how good I'm looking. I guess I've gotten use to how I look so every time someone says something it shocks me I guess.
Anyway, I'm kinda in a crabby mood so I'm going to go help speed up the hubby in his packing so we can head to Tulsa.
Until we meet again...
There's a skinny girl hiding inside me that desperately wants out. This is my weight loss journey.
Sunday, August 7, 2011
Anniversary Weekend
Posted by Leah at 11:29 AM
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text: Up in Wyoming there's a saloon that has antler lamps hanging down to make the place look just like a hunting lodge bar. There are arches at each corner of the square made from Elk antlers in that small town. It's nestled in the valley between huge mountain peaks. Snow King mountain rests on the northside of town, and you can go on hiking trips up the mountain during peak season.


text:
Eragon by Christopher Paolini
Title: Eragon
Author: Christopher Paolini
Genre: Fantasy
Summary: The appearance of a mysterious blue stone changes the life of a farm boy when it hatches.
The Take-Away: Even though Paolini uses many conventions of fantasy, he tells a good story. The first chapters belie his age and experience, but he redeems himself with interesting characters and good battle scenes.
The epic adventure sprawls across Alagaesia, with Eragon running for his life. His teacher, Brom, knows more than he reveals, much to Eragon's frustration. The lessons Eragon needs to learn are not just the lessons of warfare and fighting, but logic, reason and understanding. Learning them in the midst of battle leaves holes and gaps in his education that may prove fatal during the last battle of the novel.
Recommendation: I didn't read fantasy books as a child, so I haven't burned out on the genre. I liked this title, but would hesitate in recommending it to someone with an extensive background.
Technorati tag: Book review


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Beautiful sayings and beautiful songs
Who knows how much it longs?
As i never could explain the beauty in you.
But i know this affinity for you is more than a clue.
By the time i saw you , i felt what earlier was unfelt.
you created illusions and confusions which i hardly dealt
The spark in your eyes showed me a new light
My controlled breaths turned uncontrolled though i held them tight
I am slowly getting the fact that GOD is in real.
You are the cure to my wounds and only you can let them heal.
Your every look and every pose makes me go mad.
Something unusual is happening near my heart which earlier never had been
I want to love you like nothing is left in this universe.
I want to chant your name as a saint like a holy verse


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HARROD, Ohio Two Allen East High School students were killed in an accident late Friday when their car hit a tree, the second double fatality crash this year involving students from the Allen County school.
Kyle P. Long, 18, of Harrod, Ohio, and his passenger, Seth V. McClintock, 17, of Lima, Ohio, were killed in the 11:50 p.m. Friday crash on Lawrence Road near the Alger Road intersection. Seat belts were not used and alcohol is considered a factor in the crash, which remains under investigation by the Ohio State Highway Patrol s Lima post.
Mr. Long was southbound on Lawrence Road in a 1998 Ford Mustang when the car went off the right side of the road, he over steered, and it crossed the center line. The vehicle then went airborne and struck a tree, and both occupants were declared dead at the scene by Dr. Gary Beasley, Allen County coroner.
Harrod is about 75 miles south of Toledo.
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- Phone
- +27734634...
- Send email
- Country
- South AfricaSouth Africa
- Address
- P.O Box 81727 Empangeni 3880
Is this your business? Update this listing
South Africa Near Richards Bay
Company Description
We are a new company here in South Africa we sell Chrome Concentrate 42-44% rejection looking for buyers in Germany and china and any other countries to do business with
Is this your business? Update this listing


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Wow- look at this blog! http://sunflowerquilts.blogspot.com/
Not only does she have the most amazing quilting bag (I love it so much I might have to try to make it- eek!) but check out the giveaway!
A Copy of Handmade Home by Amanda Blake Soule, and- AND- three Moda charm packs!!
Get entering girls!
Thursday, 22 April 2010
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Don't we all just love the mini? Well, I know I do and definitely not because I've got great legs, on the contrary. In some cases shorter make better... Obviously I'm not refering to the skanky, stripper way of wearing the mini but to the pretty way it's worn as showcased above.
Pics borrowed from: 2.bp.blogspot.com and polyvore.com


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3/5 (1 users) - predicted
'Aai Ga' have great message to take care of your parents. Here in the film there is old mother staying with her elder son and his family in the village. Her daughter, son-in-law, the younger son and his wife stay in the city. When they come to know one day that their mother is going die in few hours they rush to the home at village because they were having an eye on property. They thought if mother dies elder brother will take possession of whole property. But hours passed, days passed and mother is still alive. So what happens during this period when whole family is together arguing with each other is the satire with black comedy.
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If you're shopping for Christmas, enter to win a $50 gift code to Educational Insights- not only will it help with shopping, it will be an educational experience for your little ones!
Edge of Insanity has teamed up with DenSchool to offer you the chance to win a $50 Gift Code to Educational Insights! They offer a variety of educational toys, games, manipulatives, and gadgets to make any child happy! Stop by and take a look after you enter - get your wish list together in case you win!
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I was NOT compensated for this giveaway. I am NOT responsible for prize shipment or fulfillment.


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$85 per person
Free cancellation for 24 hours
Grab your group for an adventure through the streets of Minneapolis they're sure to remember. Rather than giving guests a list of objects to find, cityHUNT takes the classic scavenger hunt to the next level by asking teams to compete in a series of clues, challenges and picture/video tasks utilizing cutting edge technology through a mobile app. Guests will arrive at their designated cityHUNT starting location in Capital Hill where they will meet their trained Adventure Guide who will coach and cheer on the group throughout the event. The scavenger hunt consists of a series of clues and challenges ranging from trivia-based questions to team-building activities focused on a neighborhood or destination. Your group will work together and bond over solving the puzzle while enjoying some of the best surroundings in your city.
No food and beverage provided
"cityHUNT did an excellent job of creating a team building event tailored to the skills of our employees. I was impressed with the challenging clues and the exciting activities that fostered productive communication and trust among us all. Fun was had by everyone." Dan, President, Viking Capital
"cityHUNT did an amazing job planning the Pepsi Scavenger Hunt. It was quite apparent that a flood of blood, sweat and tears were shed to make this an incredible event. The hunt was intellectually challenging, physically stimulating, and emotionally thrilling. Great job." Sonia, Marketing Analyst - Innovation, Pepsi
S 4th St.
Minneapolis, MN 55415
Get out there: cityHUNT challenges your guests to develop outside-of-the-box thinking as they pound the pavement to solve unique clues.
All together now: This experience challenges your group to work together to accomplish a goal, making it a great team-building event.
Indoor inclement weather plan available for all cities. Subject to availability. Subject to the rules and regulations of the venue.


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Play Full Lost in the Sun in HD VideoNow you can see Lost in the Sun in High Quality Video with duration 95 Min and was released on 2015-11-05 with MPAA rating is 5.
- Original Title : Lost in the Sun
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- Status of movie : Released
- Release date of movie : 2015-11-05
- Companies of movie :
- Countries of movie : United States of America,
- Language of movie : English,
- Durationof movie : 95 Min
- Average vote of movie : 6.6
- Youtube ID of movie :
- Translation of movie : EN,CS,
- Actors of movie :Josh Duhamel (John), Josh Wiggins (Louis), Lynn Collins (Mary), Emma Fuhrmann (Rose), Larry Jack Dotson (Father Walker), Mylinda Royer (Louis' Mom)
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Did you know you can print your blog? I decided to look online and see if I could find someplace to print it so I can keep it forever for the girls. I actually found something! I love it!
I am going to do a few different books for them. I think I am going to break it up into one book being my Journey with Infertility and getting pregnant and the second being their birth and on. Maybe I will print one every 3 months......not sure yet. Anywho, heres the link:
Wednesday, March 10, 2010
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Heathcliff Explained
Tuesday, January 15, 2008
Yet another penalty box poem, only Heathcliff appears to have done something so foul as to warrant a three minute penalty (?) and Knicks tickets (!). A bad strip salvaged by a somewhat funny joke? Why not...I'm feeling generous.
Honestly, Pete? I've got books to read and stories to write, man. Stop wasting my time. You know what I want. You have until Sunday to please me, or I'll threaten to come through on all the other threats I've made on your life thus far.
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Surprise Filling:
1 brick (8-oz) cream cheese, softened
1/4 cup sugar
1 egg, beaten
Combine all ingredients in mixing bowl and beat until well blended; set aside.
2 cups flour
1 3/4 cups sugar
2 tsp baking soda
2 tsp cinnamon
1 tsp salt
1 cup canola or coconut oil
3 eggs, beaten
3 cups shredded carrot
1/2 cup chopped walnuts (or pecans, if you prefer)
Powdered sugar for sprinkling
Preheat oven to 350 degrees.
Grease and lightly flour a 9-inch bundt pan.
Combine the flour, sugar, baking soda, cinnamon, and salt together.
Combine the oil and eggs in a small mixing bowl; add to the dry ingredients, mixing just until moistened. Fold in the carrots and nuts.
Reserve 2 cups of the batter; pour the remaining batter into the prepared pan. Pour the cream cheese mixture over the batter in the pan. Carefully spread the reserved batter over the cream cheese mixture being sure to cover well.
Bake at 350 degrees for 55 minutes or until a toothpick in the center comes out clean. Remove from oven to a wire rack and cool in pan 10 minutes. Remove from pan and sprinkle with powdered sugar.
This is an old Kraft's Foods recipe.


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and this is the only picture i got of it...it was a night of :
adult only
flashlight carrying
pitch black
egg crazy
competition craving
awesome friend get together
funny, crazy, and amazing gift giving
in our very first (and i'm sure not our last)
ADULT ONLY easter egg hunt. so so so fun. thanks nyes.


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Well, a lot of things have sold due to the listing sale ebay was offering last week. I love the listing sales - you can list anything for free on ebay. It really gets me motivated. Here are a few things that have sold over the last few days:
1. Calvin Klein suit. Suits cost me around $6.99 at the thrift ($3.50 on 1/2 off days) which is more pricey than anything else there. I usually spend a lot of time looking through them because of that. Last week I picked up a few to try them and I was happy with the sales. This one sold for $35.
2. Nanette Lepore jacket. This is the second time this one has sold since the original buyer never paid. It sold (again) for $35.
3. A doll from 1964. I found her at the thrift shop and she was marked $2.99. Thankfully I had my phone on me and I looked up her mark. Not a huge sale, but I will take it. She sold for $25.
4. Ann Taylor skirt, new with tags. Sold for $18. Skirts are super easy to list and I tend to pick up a lot of them. They are the cheapest item at the thrift shop, easy to hang up & photograph and easy to measure (waist & length).
5. Ann Taylor strapless dress. Sold for $18.
6. Talbots wool blend skirt. Sold for $18.
7. Talbots silk dress. Sold for $25.
8. Carole Little outfit. These are desirable in larger sizes (usually over a size 12 or so) and if the material is rayon from Germany. Mine was a size 12 & 14. Sold for $41!
9. Gap puffer vest. This was my second vest. The first sold to an international buyer for $40 since it was new and this one sold to a US buyer. Vests at my thrift are $1.99. I will have to look for these in the future. This one sold for $25.
10. Another Talbots skirt, sold for $15.
11. Yet another Talbots skirt. This one was plaid (perfect for the holidays) and was a plus size. Sold for $25.
12. An Ann Taylor sweater top that I had in my closet and wore only a few times. Sold for $25.
13. J. Crew silk skirt, sold for $18.
14. Kasper suit, sold for $25.
15. Tahari suit, sold for $25. This one had a few flaws along the waistband. I took photos of them and listed it since I paid $6.99 for it. I started it at $9.99 hoping to atleast break even. I was glad it went for more :)
16. Anne Klein suit, sold for $35.
17. Talbots skirt, sold for $15.
18. Talbots skirt (yup...another), sold for $18.
19. A kilt! I found two of these and looked them up on my phone. They seem to go for about $20-$30 depending on who makes them. This particular one was by James Pringle and it went for $25.
20. Joseph Ribkoff dress, sold for $30.
21. Max Studio dress, sold for $20.
22. Garmin GPS Ireland & UK map and some other things from our trip. This had previously sold and the buyer didn't pay. I re-listed it and it sold for just a bit more. Sold for $48.
Today I am listing, listing, listing. Yesterday I went to 6 thrifts and came home with about 8 bags of clothing. I am home alone since my hubby took my father-in-law in for a colonoscopy. His last showed small tumors (that no one seemed concerned about) and we are hoping this one shows everything is okay.
Tuesday, July 24, 2012
Ebay Sales - 7/24/12
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Decorating lighting is an important element to any space. Not only does it serve a utilitarian purpose but you can can create a variety of moods with the lighting you choose. Design for kitchen lighting serves a number of purposes. Your kitchen lighting should create a feel of comfort and inviting warmth. The kitchen is the heart of the home, and it should be an aesthetic that you love.
Why are more contract professionals turning to LED lighting for residential or commercial spaces? Economy and performance. Did you know that the average white LED lamp has a lifespan of about 100,000 hours? That is equivalent to more than 10 years of use at 100% and over twenty years lifespan at 50% daily use. The average incandescent bulb by contrast lasts only 5,000 hours.
Why Choose LED Lighting?
- Outlasts incandescent lighting by a ratio of 20:1
- Reduces power consumption by a ratio of 15:1
- Low heat production
- Class 2 rating (no electrician required for installation)
- More consistent and even light dispersion
LED lighting provides under cabinet lighting for one fifteenth of the energy of regular under cabinet lights. Light your work area brightly at a fraction of the cost.
Free Custom Lighting Design Service
We have a number of LED lighting options for any application. Bring us your schematic and we will help you measure and estimate for your order (at no additional charge). Call us to schedule an appointment to visit our showroom and see our available styles and options in person.


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Sorry to be the bearer of bad news and spoil your weekend – the Inspector has approved the Core Strategy – see here – there is an article in the EADT online – it is also in the actual paper click here..
Having read the report, albeit very swiftly, we are very disappointed that the Inspector, whilst giving a nod to some of the issues raised, has not gone far enough.
- We do not agree that all "reasonable alternatives" have been examined in line with EU directives.
- We do not believe that the mitigation measures are sufficient to prevent harm to the internationally protected sites of the Deben Estuary and the SSIs including Newbourne Springs and Martlesham Heath.
- The Core Strategy in effect approves the development of the huge housing estate at BT – some 2000 houses, the entire allocation for the East of Ipswich Area – this site is within metres of the Deben Estuary AONB
- A development of this magnitude will have devastating consequences on the estuary and once the damage has been done it can not be rectified.
We are currently speaking to our lawyers and taking advice on pursuing our legal challenge, if necessary to the European courts.


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Renowned for glamour and sophistication, Bernshaw is all about Hollywood inspired elegant evening wear and occasion wear. The Bernshaw look is perfect for show stopping wedding outfits, especially Mother of the Bride or Mother of the Groom. The affordable designer stays one foot ahead of modern fashion trends allowing women of all ages to make their very own glamorous, grand entrances. If you like Bernshaw, your could also consider Joseph Ribkiff, or Frank Lyman. Call us to arrange a personal showcase, or drop by anytime.
An occasion this special should be cherished. That's why in our N.Shelley Mother of the Bride & Occasion Wear Department we're just as passionate about helping women to enjoy the experience of finding their perfect outfit, as we are about the enjoyment they feel when wearing it.
Why not take a peek through our Mother of the Bride and Occasion Wear Collections online, or visit us in our Billericay boutique, no appointment necessary. Alternatively, if you would like to arrange a private Mother of the Bride or Occasion Wear showcase, please call 01277 621 000.


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July 4 2009. Last day at the company I had worked for over 14 years. One of over 1000 employees 'let go'. Not 'fired', not 'dismissed', but 'let go'. The then current euphemism for losing one's job. What a wretched day it was. I wasn't dismissed for incompetence or moral turpitude or falsifying expenses. Not at all. The project I was working on was being terminated, and me with it. July 4th but not a day when I felt like celebrating in the usual country founding spirit.
Key #2 to a successful career change is to take stock of your skills, natural talents, competencies, and strengths, and to be able to articulate these well to potential employers as well as others.
The result? Discovery of our "perfect" place to live! So, after a lifetime in New York in 2005 we moved to North Carolina, a place we always dreamed of, but never knew existed, a place where we did not know a single person! In addition to that leap, I also discovered a desire to start my own business and completed my help from Career Counselor in a university to a self-employed Career and Life Coach. Starting my life over was an enormous stretch, but one of the best choices I have ever made!
As you begin your outplacement supports, you will receive regular one-on-one coaching. Your career coach will provide you with feedback, constant encouragement and suggestions. A good career coach will help you look for the best solutions to career-related problems. They will also share contemporary strategies to help you organise your thoughts so that you can make wise career decisions.
When you raise your standards, you feel better about yourself at a very deep level. You begin attracting a higher standard of people and opportunities into your life. You uncover talents and skills to do things you didn't know you were capable of doing.
Sometimes people get so caught up in finding the perfect career match that they forget to look at the basics of their job search. Having a strategic plan and implementing it carefully will make a big difference in results achieved.
Next, determine what motivates you. Everyone is different when it comes to motivation. Here are a few common motivators: The first and most obvious is money, possessions, acquisitions, or the success that comes with money. Another motivator is the feeling of accomplishment or recognition, respect, admiration, or notoriety. This could even be to the level of becoming a celebrity.
Those wishing to attend this Job Search & Career Transition Workshop should commit to all 3 days. Participants will be supplied with all items needed including lunch at no cost. No employers will be at this workshop, and this is not a job fair.


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Taste of The Gables
September 16, 2018 at 5:00pm
Join us to support another 350 years of stories this September. Details about the event will be posted soon!
The House of the Seven Gables hosts its annual fundraiser and THE event of the year. Nestled in historic splendor, surrounded by award-winning gardens, and placed on the oceanfront lawn is the iconic BIG, white tent where you can enjoy the food and talents of over 25 local chefs and vendors who offer their sumptuous servings. Mingle with friends, artists, and authors, raise a paddle at our exciting live auction, or try your luck at the silent auction table, featuring dozens of local treasures.
All proceeds benefit The Gables' unique dual mission of preservation and education.
Members: $115.00
Non-Members: $125.00
Opportunities are still available for sponsorship and chefs/vendors. Please contact Pilar Garro at 978-744-0991 x126 or firstname.lastname@example.com


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So, on the way to the office this morning, I came across another bike accident. In fact, it happened probably 1 minute before I got there. It seems that a driver in the busy lane had stopped, to let someone wanting to cross the intersection go through, as they could wait a long time if no one gave them the gap. It also seems that this person crossing didn't bother to look if it was clear to cross. As she drove across the front of the stopped traffic, she drove syraight into a young girl who was overtaking the stopped cars. Now, this is a two pronged fault situation. One, the girl on the scooter was not taking note of why the traffic next to her had stopped. And two, the lady taking the gap should have seen the scooter rider coming through, as she would definately be higher then the cars, therefore visible. Either way, the car got a bad smack, the bike / scooter is wrecked, but the young girl on the scooter got badly slammed. She flew a good 3 - 4 meters through the air, and slammed into the tar roead. She was wearing a helmet, and a reasonable bike jacket. But not good gloves.
So, damage - visible was a badly hurt / grazed / cut hand - this was either due to the contact with the car, or the tar. A badly broken ankle, car related injury.
I took some photos, made sure the others who had stopped had called for medical assistance, left my card with the lady of the offending car, and left.
I know that young girl was not totally in the wrong, but she was lacking experience. I blame the lady in the big car, that didn't take the time to ensure that it was safe and clear to cross the intersection.


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What are my strongest memories of the 1998 family vacation to Kentucky?
Hmm? A hotel room that looks like a tepee? An insanely hot and noisy boat trip? A whiny daughter? An orphaned puppy? And I never even wrote about the Louisville Slugger Bat Factory.
I remember best the walk to the Laundromat two blocks away from our hotel in Winchester where I sat watching the clothes spin while Himey and the kids swam in the outside pool as storm clouds brewed. Back in the room, as everyone else crawled into bed for the night, I found a mesmerizing show on PBS. Himey mocked me, but I just had to watch it for the entire two hours. "I'm not insane, I'm just plane crazy." It was about some guy building a light-weight airplane from scratch. I don't know why, but I had to see it through to the end.
The next day we went to Lexington's Horse Park.
Why is it that so many girls, when they hit about eight or nine years old, fall madly in love with everything horse. By the time they reach their mid to late teens that infatuation has waned, often times giving way to boys. But for that five to seven year stretch, they drive everyone around them nuts by talking, reading, sleeping nothing but horses.
I was no different. Pat and I would ride our imaginary horses everywhere we went. Mine was a dull brown quarter horse mare named Patches, but in the spring, when the Triple Crown approached, I trained my thoroughbred, Eagle River.
We knew all the horses who had won the Kentucky Derby and every year we yearned for another Triple Crown winner. 1948's Citation had been way, way before our time. When Secretariat roared into the scene we were ecstatic. Who would be the next horse to defeat his Triple Crown record?
Two years later, in 1975, Foolish Pleasure won the Derby, but he wasn't the only horse making headlines. A large filly had impressively won the ten races she had entered. She hadn't run in any of the Triple Crown races; it's never been common practice for the females to race their male counterparts in the big races, though several fillies have won these races against the boys.
Ruffian was as tall as any of the young studs and was dark brown, nearly black, in color. She was entered in a match race against Foolish Pleasure in July of '75.
I was an emotional thirteen-year-old that summer. I cried the entire day after that match race. Guess things don't change that much though, because I got pretty emotional when I picked up the book of Ruffian's life at The Kentucky Horse Park all those many years later.
I regret a lot of stupid things in my life. And to this day I regret not buying that book. I need to go now and check out Amazon.com.


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PO Box 445 204 South Main Street
Twin Bridges, MT 59754
Phone: (406) 684-5312 Fax: (406) 684-5315
E-mail: email@example.com email@example.com firstname.lastname@example.com
Website: www.anewarrival.com
Dear Families:
Many have called A New Arrival to ask what can be done to offer assistance to the Children's Center during this devastating crisis in Haiti. Having gone through a similar situation during the last presidential coup we are aware that supplies of food and water will be running out soon or are all ready not accessible due to the collapse of the stores in Petion-ville.
A New Arrival is gathering information to contract with AmeriJet to fly supplies from Miami to Port Au Prince Haiti. These supplies will go directly to the orphanage.
To be brutally honest we will need a large amount of cash donations to buy supplies and have them shipped to Haiti within the next few days. At this time there is no way for us to wire the funds to Haiti for the orphanage due to the collapse of the infrastructure in Haiti and the fact that there is nowhere for the staff to buy the needed supplies at this time. A New Arrival is equipped to accept credit cards (Visa, American Express or Master Card) please contact via phone or email. The donations can also be wired directly into the Haiti banking account at:
Haiti Trust Account # 111392
Routing #092904185
Ruby Valley Bank
107 South Main St.
Twin Bridges, Montana 59754
100% transparency will be available for all donors and no funds will held back for administrative purposes. A complete accounting will be kept providing information for all donations received for this crisis. As always your contributions are tax deductable as we are a 501 C 3 Non Profit agency.
A New Arrival also plans to assist sister orphanages to include, but not limited to, BRESMA which is where many of our first children were adopted from seven years ago. A New Arrival will also assist children in temporary need of food and shelter. Any funds left over will used at the discretion of the orphanage staff for needs at the orphanage.
Our first goal is to make sure the children's basic needs are being met. How this will affect our current family's adoptions will be a secondary goal at this time of the emergency.
This earthquake has been a catastrophe of major proportions for Haiti but we thank God that our children are in such a safe and strong building. Please help us to get much needed supplies from Miami to Haiti. No donation is too small. We thank everyone who can help in this time of need.
Lori Jones, CEO
Rock Cayo, Orphanage Director
Patty Hayes
Julie Hardyman


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Cash advance payday loans are short term financial loans intended to cover the expenses of the borrower until his or her next payday. Sometimes, it is referred to as cash loans, differentiating them from credit card cash advances. There are many different forms of cash advance payday loans. The first one is online cash loans and these are the fastest of all forms. In fact, it will only take few hours from the application to having the cash transferred into the bank account of the borrower.
Another form is bad credit payday loans. This is a type of loan that is designed for people who have bad credit and don't qualify to the strict credit requirements of banks and other lending institutions. Even if you have some credit problems in the past, it won't matter with cash advance loan. The reason for this is that these loans are short term and are payable over the next payday. People with bad credit used to have problems on how they can take out a loan without their credit history being an impediment.
But with bad credit loans, they no longer have to worry if their credit score is not excellent because cash advance payday lenders will accept and approve their application. No fax payday loan is also a form of cash advance payday loan. There is no need for the borrowers to get stuck at preparing all of the necessary documents and paperwork to have their loans approved. This means you will no longer have to fax any information the lender needs because you can simply provide it on your online application form. The information you provided them will be verified before approving.
Quick cash advance loans is quite similar to bad credit loans only that it involves more of a background check on the borrower. The lender will not run credit check instead will confirm your income or your capacity to repay the loan. There are many different types of cash advance payday loans that are offered by each and every lender and they all are unique. According to your needs, you can always find a short term loan that will help you meet sudden and necessary expenses.
There are many significant advantages that come with applying for bad credit payday loans or other forms of cash advance payday loans. This will allow you to get money quickly especially during emergency situations when you need to secure cash to pay your pending bills and to keep your credit rating. Another advantage is that it is very easy to get. The hassle free process that lenders provide to borrowers makes it a very attractive solution to anyone in dire need of money. One thing you have to remember when applying for this type of loan is that you have to make sure you can repay it within 14-30 days.
This is if you do not want to be faced with expensive interest rates. Also, make sure you deal only with a reputable company. Some bad companies will likely push you deep into debt instead of helping you get over your financial problems. Always check the reputation of the lender before you ever think of applying for no fax payday loan or other types of cash advance loans. You should read and understand the terms and conditions of the loan. Finally, make sure you know the fees, late charges and interest rates to avoid any unnecessary and unwanted problems in the future.
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Court of Appeals of Maryland
November 26, 2013
William H. Mathewsv.Cassidy Turley Maryland, Inc. ET AL.
Barbera, C.J. Harrell Battaglia Greene Adkins McDonald [*] Bell JJ.
McDonald, J.
It is sometimes the case that an individual bent on avoiding taxes exchanges the certainty of the tax liability for a risky, and perhaps fraudulent, investment that proves more costly in the long run. The instant litigation arises out of such a situation. We are asked to decide the nature of the investment – was it a "security" for purposes of application of the Maryland Securities Act? – and whether the long run was too long – are the claims barred by limitations? We also consider the potential use at trial of a bankruptcy examiner's report concerning the promoter of the investment scheme.
We hold that an investment that combined a tenant-in-common interest in commercial real estate with a mandatory management contract with the affiliate of the seller and only a limited ability for the buyers to effect a change of management of the property is an "investment contract" and therefore a security for purposes of the Maryland Securities Act. We affirm the Circuit Court's determination that the buyer's claims under the Securities Act are barred by limitations insofar as they relate to registration under the Act. We reverse the court's determination that the buyer's claims under the Act that relate to alleged fraud and misrepresentation by the defendants are barred by limitations and remand for further consideration whether the limitations period as to those claims was tolled by affirmative fraudulent conduct of the defendants. For a similar reason, we also reverse and remand for reconsideration the Circuit Court's judgment that the buyer's common law tort claims are time-barred as a matter of law. We decline to affirm the award of summary judgment on an alternative ground that the Circuit Court did not adopt. Finally, we affirm the Circuit Court's decision to reserve judgment on the admissibility and use of a bankruptcy examiner's report until it had additional information concerning the proposed use of the report in the context of the trial.
Factual Background
Except as otherwise indicated below, the following facts are undisputed in the record of this case, although the parties have some differences as to immaterial details and as to the inferences that may be drawn from these facts.
Mr. Mathews Seeks an Investment
In 2003, Petitioner William H. Mathews, a retired school teacher and librarian, had owned and managed his rental properties for more than 40 years. At that time, he owned eleven rental properties near the campus of Towson University; he rented those properties primarily to students and faculty at the university. In response to anticipated deleterious changes in local zoning laws, Mr. Mathews decided to sell the properties. Ultimately, he was referred to Stephen Weiss, a real estate professional. Mr. Weiss was then employed by W. C. Pinkard & Co., the predecessor in interest to Respondent Cassidy Turley Maryland, Inc. ("Cassidy Turley").[1] Mr. Mathews retained Cassidy Turley to market the properties, and in August 2004 the properties were sold to Bob Ward Companies for approximately $4 million. Mr. Mathews paid approximately $176, 000 to Cassidy Turley as a commission.
In order to receive more favorable tax treatment of the proceeds of the sale, Mr. Mathews sought to re-invest the proceeds in other real estate shortly after the sale. With Mr. Weiss' advice, Mr. Mathews ultimately used much of the proceeds to purchase five fractional interests in various commercial office buildings located throughout the United States.[2] These fractional interests were called "Tenants in Common Interests" ("TICs"). Mr. Weiss provided Mr. Mathews with binders containing various documents that described the particular TICs under consideration.
Each of the TICs in question was created by a company called DBSI, Inc., located near Boise, Idaho, or an affiliated company. The structure of the TICs are set forth in various written agreements and other materials. DBSI would purchase real estate, typically an office building, and divide it into TICs that it would then sell to investors. Investors in the TICs were required, as a condition of the purchase, to agree to retain DBSI[3] as property manager, [4] in return for which DBSI promised a specified annual rate of return on the investment. DBSI would locate sub-tenants who would occupy the property and pay the rent that produced a revenue stream. Under the property management agreement, replacement of DBSI as property manager required a majority vote of all TIC owners of a given piece of property, as well as indemnification of DBSI against any and all claims, actions, costs, damages, liabilities, deficiencies or expenses relating to the property. In the event that DBSI was terminated as property manager, a unanimous vote by the TIC owners was required to appoint a new manager. Under the terms of a TIC agreement, there was no provision for direct control of the property by the TIC owners.
Mr. Mathews received steady payments with respect to his TICs over the next few years and sold one of them.[5] However, in 2008, things changed.
DBSI Bankruptcy; Examiner's Report
In 2008, Mr. Mathews learned that DBSI would be suspending payments for certain of the TICs. Mr. Mathews then contacted Mr. Weiss, who, according to Mr. Mathews, assured him that payments would resume and that he should not worry.[6] In November 2008, DBSI filed a voluntary petition for bankruptcy under Chapter 11 of the bankruptcy code.[7]All of the properties underlying Mr. Mathews' TICs became the subject of foreclosure proceedings.
The bankruptcy court appointed an attorney from a prominent Washington, D.C., law firm as an examiner to conduct an investigation into DBSI. In re: DBSI, Inc., No. l:08 -bk-12687 (D. Del. filed November 10, 2008). The examiner's report describes a downward spiral fueled by related party transactions, conflicts of interest, growing debt disguised as equity, limited sources of revenue, complex and sloppy accounting, and the misleading of investors. Among other things, the report describes the structure and marketing of the DBSI TICs. The bankruptcy court ultimately made findings similar to those of the examiner in concluding that many of DBSI's transactions were "either constructively or actually fraudulent" and that it would be futile to attempt to unravel many of the related party transactions.
Licensing and Registration Status
At the time Mr. Mathews purchased his TICs, Cassidy Turley was licensed by the Maryland Real Estate Commission as a real estate broker. Neither Mr. Weiss nor Cassidy Turley was licensed under the Maryland Securities Act to act as an investment adviser, investment adviser representative, securities broker-dealer, or agent.
Investigations of DBSI
Following the collapse of DBSI, the Securities Division of the Maryland Attorney General's Office undertook an investigation of the offer and sale of DBSI TICs in Maryland. In April 2009, the Securities Division contacted Mr. Mathews as part of that investigation. No action was ultimately taken by the Securities Division against DBSI or Cassidy Turley, although Cassidy Turley did refund to Mr. Mathews the fees and commissions it was paid in connection with his TIC transactions. Federal authorities were also conducting a parallel investigation.[8]
Procedural Background
On March 23, 2010, Mr. Mathews filed a complaint in the Circuit Court for Baltimore County against Mr. Weiss and Cassidy Turley.[9] Mr. Mathews' complaint alleged that Cassidy Turley owed Mr. Mathews legal and fiduciary duties to disclose material facts and to act with the care and skill of a "professional financial adviser." It alleged that Cassidy Turley had misled Mr. Mathews concerning the suitability of the TIC investment for his financial situation, the safety of the investment, and the soundness of DBSI. It also alleged that Cassidy Turley had failed to inform him of other material information, including its lack of research into the investment, its receipt of a commission from the sale of the TICs, and the risks associated with the investment. It alleged that Cassidy Turley actively concealed its alleged wrongdoing from him and lulled him into relying upon it, even after the DBSI bankruptcy, until he was contacted by the Securities Division.
The complaint included common law tort claims for fraud, constructive fraud, negligent misrepresentation, and negligence, as well as a claim for breach of contract. It also included a claim under the Maryland Securities Act, Maryland Code, Corporations & Associations Article, ("CA") §11-703.
The parties conducted discovery. After the completion of discovery, they filed cross-motions for summary judgment, as well as motions in limine related to evidence anticipated to be offered at trial.
Rulings on Pretrial Motions
At the pre-trial motions hearing on December 5, 2011, the Circuit Court, among other things, granted a motion in limine that precluded Mr. Mathews from mentioning or introducing into evidence at trial the bankruptcy examiner's report on the basis that it was inadmissible hearsay, although the court held open the possibility that it would reconsider that ruling at trial. Later in the hearing, the Circuit Court granted summary judgment in favor of Cassidy Turley as to all counts. With respect to the alleged violations of the Maryland Securities Act, the court ruled that the TICs were not securities as defined by the Maryland Securities Act. The court also held that, even if the TICs were securities, Mr. Mathews' claims under the Securities Act were barred by limitations, as were his common law claims. Specifically, the court ruled that Mr. Mathews' Maryland Securities Act claims were time-barred because the limitations period governing those claims could not legally be tolled and that Mr. Mathews' common law fraud claims were time-barred because he should have discovered the injury early enough that tolling would not have been sufficient to bring his filing within the limitations period.
Cassidy Turley had also sought summary judgment on the common law claims on the ground that Mr. Mathews did not plan to present expert opinion testimony on the scope of duty of a real estate broker and that, without such testimony, Mr. Mathews could not prove his common law tort claims as a matter of law. The court declined to grant summary judgment for that reason.
Mr. Mathews filed a timely notice of appeal, and Cassidy Turley filed a cross-appeal. Prior to briefing and argument in the Court of Special Appeals, Mr. Mathews filed a petition for a writ of certiorari, which we granted.
The parties have asked us to resolve five issues, which we describe as follows:
1. Are the DBSI TICs "securities"?
2 . Are Mr. Mathews' claims under the Maryland Securities Act barred by limitations?
3. Are Mr. Mathews' common law tort claims barred by limitations?
4. Should the Circuit Court have also awarded summary judgment in favor of Cassidy Turley because Mr. Mathews did not intend to present expert testimony on the standard of care of a real estate broker?
5. Would the DBSI bankruptcy examiner's report be admissible in evidence at a trial under the hearsay exception for public records and reports? May it be relied upon by securities law experts who may testify at trial?
We address each of these issues in turn after reviewing briefly the relevant standards of appellate review.
Standard of Review
Under the Maryland Rules, a circuit court may grant summary judgment if there is no dispute as to material fact and the moving party is entitled to judgment as a matter of law. Maryland Rule 2-501(f). The court is to consider the record in the light most favorable to the non-moving party and consider any reasonable inferences that may be drawn from the undisputed facts against the moving party. Because the circuit court's decision turns on a question of law, not a dispute of fact, an appellate court is to review whether the circuit court was legally correct in awarding summary judgment without according any special deference to the circuit court's conclusions. Ross v. Housing Authority of Baltimore City, 430 Md. 648, 666-67, 63 A.3d 1 (2013).
If an appellate court comes to a different conclusion on the pertinent question of law and reverses a grant of summary judgment by a trial court, the appellate court will not ordinarily seek to sustain the grant of summary judgment on a different ground. See Geisz v. GBMC, 313 Md. 301, 314 n.5, 545 A.2d 658 (1988). Such action would interfere with the discretion that a trial court normally enjoys to deny, or to defer until trial, consideration of the merits of summary judgment on certain issues. Hensley v. Prince George's County, 305 Md. 320, 333, 503 A.2d 1333 (1986). Of course, that rationale would not pertain if the circuit court would have no discretion as to the particular issue.
With respect to the admissibility of evidence, such as the bankruptcy examiner's report, the standard of appellate review depends on the basis for admission or exclusion of a particular item of evidence. Some matters, such as the weighing of the relevance of proffered evidence as against unfair prejudice or other considerations, are left to the "sound discretion" of the trial court. Hall v. UMMS, 398 Md. 67, 82, 919 A.2d 1177 (2007). Such decisions will be reversed only for abuse of discretion. Other evidentiary rulings are based on a "pure legal question." Id. In those circumstances, an appellate court considers the legal question without deference to the decision of the trial court.
Whether a DBSI TIC is a security under the Maryland Securities Act
Maryland Securities Act
The Maryland Securities Act, which is codified at Maryland Code, Corporations & Associations Article ("CA") §11-101 et seq., regulates the offer and sale of securities in Maryland, as well as the individuals who advise on and effect such transactions. In particular, any security offered for sale must be registered pursuant to the Act, unless the particular security is excepted from the registration requirement by statute or regulation. CA §11-501. Subject to certain exceptions, securities broker-dealers (popularly known as brokerage firms) and their agents (popularly known as stockbrokers) must be registered under the Act. CA §§11-401(a), 11-402(a). Similarly, firms and financial advisers that fit the statute's definitions of "investment adviser" and "investment adviser representative" are also subject to a registration requirement. CA §§11-401(b), 11-402(b).[10]
The statute contains several anti-fraud provisions. Pertinent to the allegations in this case, CA §11-301 broadly prohibits fraud in the offer or sale of securities[11]; CA §11-302 similarly prohibits fraud and misrepresentation in connection with advisory activities.[12]
The Act creates the position of Maryland Securities Commissioner ("Commissioner") and the Maryland Securities Division within the Office of the Attorney General and charges them with various regulatory duties under the Act. CA §11-201 et seq. The Commissioner is to adopt regulations implementing the Act and to coordinate with federal and state securities officials in other jurisdictions in the interpretation and enforcement of the securities laws. CA §11-203(a), (b). The Commissioner may investigate alleged violations of the Act and institute administrative and judicial actions to enforce the provisions of the Act. CA §11-701 through §11-702.
The Act also provides a private cause of action to enforce various provisions of the Act. CA §11-703. In particular, under CA §11-703(a)(1)(i), a purchaser of a security has a cause of action against the seller for a registration violation, a misleading statement concerning the significance of registration, or a failure to comply with a regulation concerning approval of advertising. Under CA §11-703(a)(1)(ii), a purchaser has a cause of action against the seller for untrue statements – or omissions – of material fact in connection with the offer or sale of a security. Under CA §11-703(a)(2), a seller of a security has a cause of action for false statements – or omissions – of material fact by the buyer. CA §11-703(a)(3) creates a cause of action against persons acting as investment advisers or investment adviser representatives for registration violations and fraud.
The General Assembly has directed that the Maryland Securities Act be construed to carry out the general purpose of encouraging uniformity in state laws regulating securities and investment professionals and "to coordinate the interpretation and administration of this title with the related federal regulation." CA §11-804. This is no doubt related to the shared lineage of the Act with the federal securities laws and securities laws of many ...
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Wednesday, June 18, 2014
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I can't believe how longs it has been since I blogged!!
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|Reading Nest
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Update: gift sent on 02.15.12
- Hand stitched towels for my sister for Christmas and her fiance for his birthday.
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Those are about all the major updates. Hope to be back here soon :)


text:
Calling Social Security a ponzi is an insult to every ponzi. A ponzi, by comparison, only takes from those who choose to join. Stefan Molyneux explains in this video:
Worldwide Ponzi Collapse - Hyperinflation Watch is a continuation of my original blog (same name) strats4ever.wordpress.com concerning the worldwide ponzi (pyramid) that is about to collapse leaving most of us with a pocket full of toilet paper (fomerly know as "money"). Gold is the currency of kings, silver is the currency of gentlemen, barter is the currency of peasants, debt is the currency of slaves.
Sunday, September 25, 2011
Social Security is worse than a ponzi
Posted by strats4ever at 3:21 PM
Labels: ponzi, Social Security, Stefan Molyneux, video
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1 comment:
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