Académique Documents
Professionnel Documents
Culture Documents
Plaintiffs,
NOTICE OF APPEAL
_________________________________________________________________/
NOTICE OF APPEAL
1. The docket showed an entry “05/10/2010 ORDER DENYING ALL DEF PENDING
MOTIONS”. Hereby, Dr. Busse gives this Court and the parties Notice of Appeal from said
“05/10/2010 ORDER”. No intelligent and rational explanation for said “05/10/2010 ORDER”
2. Previously, Dr. Busse had appealed from the judicial impairment conclusively evidenced by the
record. Here, the simple judicial task had been to, e.g., divide 1 by 12 or 1/12. Here, objectively
impaired Judge Eugene C. Turner had failed to determine any liability. THEREFORE, Dr.
Busse was entitled to expenses and the dismissal of Plaintiff(s) frivolous claims with prejudice.
3. Here in violation of the Rules, Dr. Busse had never been served. See, e.g., 08/31/2009 and
BURDEN OF PROOF
5. Here, the Plaintiff had the burden to prove any liability, but failed to do so, while Dr. Busse
6. Here, the record proved the absence of any liability. Furthermore, the record evidenced Dr.
Busse’s payments to Granada Condominium Home Association. Said Judge Turner obstructed
justice, because no evidence of any liability existed and/or could possibly be determined.
2
OBJECTIVE PARTIALITY BY JUDGE TURNER
7. Here like a drunk trigger-happy judicial cowboy on pony “Partiality”, said Judge Turner
irrationally DENIED all of Dr. Busse’s Motions without any intelligent justification.
8. It is customary for a party to schedule a hearing and give proper notice of any hearing for said
party’s motion(s) to be heard. Here, Judge Turner violated said custom. The docket showed
“02/22/2010 UNDELIVERED MAIL J. R. BUSSE …”, and no notice of hearing was provided.
9. In this Case, Judge E. C. Turner’s judicial job was to divide 1/12 in order to determine Dr.
Busse’s “liability” pursuant to the publicly recorded By-Laws & Declaration of Condominium:
“Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12
share of the common expenses.”
Here, Judge Turner was objectively impaired and could not do said simple math. In particular,
Judge Turner obstructed obtaining the denominator and/or “common expenses” in said fraction.
10. The public cannot have any faith in said objectively impaired and partial Judge. Here, e.g.,
Turner threatened the stability of real property titles in Florida, which was in violation of public
policy, because he could not figure out how to determine “1/12 share” of the “common
11. For the unlawful purpose of fraudulently concealing his objective impairment and history of
impairment, Judge Turner denied Plaintiff(s)’ rightful demand for jury trial. Here, Turner’s
3
fraudulent concealment proximately caused injury to Dr. Busse. Judicial ethanol intoxication is
12. The record reflected Judge Turner’s express prejudice against Dr. Busse. Here, Turner treated
Dr. Busse disparately. Dr. Busse was not a member of the “legal gang”. Arbitrarily and
capriciously, Turner obstructed rational discovery and the intelligent determination of any
liability.
13. Turner has no license to vexatiously threaten Dr. Busse’s homestead. Here, Turner knew and
concealed that Plaintiff(s)’ purported claims were facially frivolous, unsupported, and
14. Here following the record fraud on the Court by the vexatious Defendants, the previous Judge,
IN VIOLATION OF LAW
15. Reportedly, Judge Eugene C. Turner “denied” “Defendants’ Motion” for Plaintiff to Produce
Records. Here reportedly, the Officers of the Court falsely pretended that “no specific records”
16. Here, the Plaintiff failed to prove that Dr. Busse did not pay
Hereby, Dr. Busse over and over again moved this Court to compel the Plaintiff Association to
4
MOTION FOR PRODUCTION OF ANY AND ALL “ACCOUNTING” RECORDS
17. Hereby, Dr. Busse over and over again moved this Court to compel the Plaintiff Association to
18. In the absence of any “common expense” records and evidentiary support, “liability” cannot
possibly be determined. Here absent any such records, the Judge appeared to extend Plaintiff’s
19. The Docket had reflected, e.g., Dr. Busse’s 04/05/2010 Motions, including his Motion(s) to
Dismiss, and conclusive public record evidence of Plaintiff Association’s fraud, fraud on the
Court, and concealment of fraudulent “lien” as supported by the Association By-Laws and
Declaration of Condominium.
20. The Plaintiff Association and Plaintiff’s Counsel perpetrated fraud on the Court. Pursuant to
“Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12
share of the common expenses.”
Here pursuant to the record, Dr. Busse had fully satisfied his liability of ”a 1/12 share of the
common expenses”, and the Plaintiff deceived and perpetrated fraud on the Court.
21. Pursuant to Collier County Official Records, Book 330, Page 472:
5
“the making and collection of assessments against apartment owners for common
expenses shall be pursuant to the By-Laws and subject to the following provisions …
each apartment owner shall be liable for a one-twelfth [1/12] share of the common
expenses, and shall share in the common surplus, such share being the same as his
undivided share in the common elements.”
Here pursuant to the record and said By-Laws, and subject to said provisions, Dr. Busse
fully satisfied his one-twelfth [1/12] share of the common expenses … On its face Plaintiff’s
Complaint and the assessments and/or figures and numbers were frivolous and for the
22. The Plaintiff failed to make a good faith effort to resolve the facially frivolous “dispute” and to
reconcile the frivolous Complaint with said record By-Laws and provisions.
23. Pursuant to Collier County Official Records, Book 1332, Page 1750:
“The lien is in effect until all sums secured by it have been fully paid or until barred by law.”
Here, the “lien” was “barred by law” and procured through fraud; and all sums and/or expenses
had been “fully paid”. Previously, Defendant Dr. Busse had filed:
24. Pursuant to Collier County Official Records, Book 330, Page 499 [6.7]:
“An audit of the accounts of the Association shall be made annually by a certified
public accountant, not a member of the Association, and a copy of the report shall be
furnished to each member not later than April 1st of the year following the year for
which the report is made.”
6
No “audit of the accounts of the Association” was made annually by a certified
public accountant, not a member of the Association, and
No “copy of the report was furnished to each member not later than April 1st of the
year following the year for which the report is made.”
25. The Plaintiff Association falsely and fraudulently pretended “assessments” of more than 105%.
See fraudulent Complaint. Here, Granada apartment owners did not approve in writing
assessments for recurring common expense of more than 105%. Pursuant to Collier County
“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in writing
by apartment owners entitled to cast 9 votes in the Association.”
Here since 2004, the purported record “assessments for recurring common expense” were “more
than 105% of the assessments for this purpose for the prior year(s)” and “not approved in
writing”. Pursuant to said public record, the Plaintiff Association’s “claims” and action were
fraudulent. Plaintiff’s facially fraudulent claim of assessments for recurring common expense of
more than 105% were not any “genuine issue of material fact” as conclusively evidenced by the
public record.
26. Therefore here, Dr. Busse was entitled to the dismissal of said facially fraudulent Complaint.
27. Pursuant to Dr. Busse’s Notice of Unavailability on record, Dr. Busse was away. Upon Dr.
Busse’s return, Busse inquired about this Case in the Clerk of Court’s Office on 04/01/2010.
28. On 04/01/2010, at approx. 3:10 PM, the Clerk of Court (A.) advised Dr. Busse that
7
b. Said case file had been removed to Judge Turner’s Office on 03/31/2010;
UNAVAILABILITY
30. Fla. Rules of Civ. P. require service of a notice of hearing and identification of the motion(s) to
be heard so that a party can properly prepare. Here, there was no service and Dr. Busse could
not prepare. Furthermore, Dr. Busse, who is also a German citizen and Physician Executive with
31. In support of Plaintiff’s and Counsel’s fraud and fraud on the Court, attached are the Uniform
Title Standards by the Real Property, Probate, and Trust Law Section of The Florida Bar. See,
e.g., http://www.rpptl.org. See also Exhibits. Here, Plaintiff’s “lis pendens” was unsupported
and for the unlawful purpose of extorting unauthorized and/or fraudulent assessments.
8
ESSENTIAL RECORDS OF PLAINTIFF’S DEFUNCT AND/OR BANKRUPT AGENTS
32. The Plaintiff and/or Association’s agents have repeatedly refused to disclose the accounting and
expense records of the previous defunct and bankrupt agents for Plaintiff Granada
b. “Orion Bank”;
33. Said records are essential in these and other judicial proceedings, and in particular, because the
Plaintiff and Counsel fraudulently initiated a purported “lis pendens” in the absence of expense
was so impaired that he could not perform the essential duties of a judge in his shoes in this
Case;
reasonable, intelligent, and fit judge, juror, and/or person in Turner’s shoes could have possibly
determined Dr. Busse’s “liability” without first obtaining the absolutely required “common
3. An Order compelling the Plaintiff to disclose and produce the Association’s “common expense”
4. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”
9
5. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said Official
6. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;
7. An Order for service of a notice of hearing upon Dr. Busse under said Rules;
8. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record
9. An Order declaring any and all unapproved assessments null and void under said By-Laws and
Public Records;
10. An Order compelling the Association to disclose any and all accounting and other records since
2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in particular
11. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie
perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law
Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when
Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.
12. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,
10
CERTIFICATE OF SERVICE AND PUBLICATION
I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to the
Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record, Platinum
Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center Way, Suite
102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D. DeBoest, II,
Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, and to reassigned
Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples, FL 34112, on this 28th
day of May, 2010. The pleading is also being published worldwide. See, e.g., www.scribd.com.
CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.
11