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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA


FORT MYERS DIVISION
[“TRANSFERRED” FROM: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,


Plaintiffs,

versus Reassigned Case # 2:09-CV-00791-CEH-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER


DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE
OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD
LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED
STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P.
RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON
ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES;
GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL;
WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM
GILBERTSON, RYAN LENGERICH, NEWS PRESS,
Defendants.

NOTICE OF PUBLIC CORRUPTION


____________________________________________________________________________/

OPEN LETTER TO DEFENDANT “JUDICIAL WHORE” HONEYWELL

EVIDENCING JUDICIAL CONCEALMENT OF FAKE “LAND” PARCELS

“12-44-20-01-00000.00A0”, “07-44-21-01-00001.0000” & FAKE “RESOLUTION”

UNDER FRAUDULENT PRETENSES OF “FRIVOLITY” AND “SANCTIONABILITY”

PUBLIC NOTICE OF HONEYWELL’S CRIMES & PUBLIC CORRUPTION


PUBLICATION OF HONEYWELL’S CORRUPT ACTS, CRIMES & CONCEALMENT
1. Conclusive evidence of Defendant crooked U.S. District Judge Honeywell’s CORRUPT acts
and CRIMES is published at, e.g.: http://www.scribd.com/Judicial%20Fraud. See also
Google Blogs, and www.Google.com.
LATEST CORRUPTION & CASE FIXING EVIDENCE, “DOC. 186”, “06/07/10”
2. In her latest CORRUPT act, “Doc. 186”, ”filed 06/07/10”, Defendant Government “legal
whore” Charlene Edwards Honeywell (“Honeywell”) joined the gang of Defendant Judicial
Officers, who have been concealing forged “land” “parcels” “12-44-20-01-00000.00A0” and
”07-44-21-01-00001.0000”, and perpetrating fraud upon the Court(s) “under color of” a
spurious “resolution” and/or “regulation”, “O.R. 569/875”. See public record evidence on
file.
3. Because Honeywell is a CORRUPT “judicial whore” and Government “gate keeper”,
Plaintiffs’ record claims for relief, causes, and record evidence of Government are illegally
kept from ever being heard by any jury. Here, the judicial Defendants and Honeywell
conspired with other Defendant Government Officials to perpetuate the perpetration of
Governmental fraud upon the Courts “under color of Government authority and office”.
However, Honeywell and the judicial Defendants had no authority, whatsoever, to obstruct
Plaintiffs’ filings of prima facie highly meritorious law suits and pleadings, which
conclusively evidenced and exposed the well-pleaded Government CORRUPTION on the
public record.
4. The record impossibility and lack of any “Lee County” ownership and title evidence failed to
“persuade” judicial thug Honeywell, because she has been paid to function as a CORRUPT
Government “obstructor” of justice, Doc. ## 126, 186. Here, U.S. Government installed
Honeywell to shield against rightful prosecution of Government CORRUPTION, just like
Nazi SS (Schutzstaffel) shielded against rightful prosecution of Nazi thugs and criminals for
Governmental oppression and murder of Jews.
CORRUPTION: GOVERNMENT GOLIATH versus DAVID JUDICIAL CHARADE
5. Here, the patently clear “Government Goliath versus David” judicial charade and mockery
on the public record has been perpetrated in the fraudulent form of, e.g., “frivolity” and
“vexatiousness” scams in order to sidestep law and order and promote the anarchy and
lawlessness of Government CORRUPTION and said sham titles, “land” “parcels”, and
“frivolity” scams.
6. Here pursuant to the record, “David” held unimpeachable record title, and the Government
“Goliath” did not. That should have been it! However here, “Goliath’s” illegal defense
against the record proof of Government CORRUPTION, fraud, and said fake “land”
“parcels” were false and fraudulent Government assertions of “frivolity” and
“vexatiousness”.
PRIMA FACIE CRIMINALITY OF WELL-PROVEN GOVERNMENT CORRUPTION
7. Ordinary citizens, who criminally fake real property titles and fraudulently claim ownership,
face jail time for, e.g., mortgage fraud. Here, U.S. Government Agents premeditated the
record fraud scheme and installed Honeywell for the criminal purposes of CORRUPTION,
covering up for Government Officials, and concealing said proven fake “land” “parcels”,
titles, and facially fraudulent “Government ownership” “claims”.
8. Here on their faces, Defendant Honeywell’s orders were CORRUPTED “Governmental
trash”, which insulted the intelligence of the American people, Plaintiffs, and any American
real estate professional. Here, the Plaintiffs, title examiners, surveyors, and other real estate
experts did their due diligence, title searches, and jobs, while Defendant CORRUPT

2
Honeywell kept incoherently rambling about “frivolity” and “vexatiousness” without ever
reviewing said Governmental forgery and fraud evidence. Here, Honeywell’s job description
was NOT sodomizing Plaintiff unimpeachable record landowners, coercing them to refrain
from prosecuting CORRUPT Government Officials, faking “frivolity”, and criminally
concealing said bogus “land” “parcels”, and facially fraudulent “Government ownership”
lies. See, e.g., Florida Bar Title Standards; see 24 C.F.R. § 203.385, Types of satisfactory
title evidence.
9. Here, crooked Honeywell did not explain on the Court records why she deliberately
concealed the record absence of any title evidence in the name of “Lee County, FL” and why
she is not a CORRUPT Government criminal, who extended said Government “land
robbery” scams of record and conspired to fix Plaintiffs’ Cases.
GOVERNMENT CONCEALMENT OF CORRUPTION & BOGUS “LAND” “PARCELS”
10. In the record absence of any Lee County title evidence, and in the record presence of facially
CORRUPT and fraudulent “claims” of “Government ownership” of said spurious “land”
“parcels”, Defendant Honeywell’s and the other judicial Defendants’ facially false pretenses
of “frivolity” were for criminal purposes of, e.g., extortion, deliberate premeditated
deprivations, cover-up, and conspiracy to defraud. See 18 U.S.C. §§ 241, 242.
11. As judicial “decision maker”, Defendant Honeywell conspired with other Defendants and
Government Officials and Defendants to steamroll, oppress, and terrorize the Plaintiffs by
criminal means of denigrating them as “vexatious” and “obstruct” the record evidence of
Government CORRUPTION as “frivolous”.
12. Here, Honeywell followed in the recorded footsteps of her fellow judicial Defendants and
betrayed the Plaintiff record title holders and American people who naively believed that she
would respect and uphold the law: No intelligent and valid legal argument in support of the
record Governmental fraudulent pretenses of “frivolity”, “vexatiousness”, and “lack of
jurisdiction” was ever made or could have possibly been made. Here, Honeywell merely
followed Government “marching orders” to continue the record Government pattern and
policy of CORRUPTION & concealment under fraudulent pretenses of “vexatiousness” and
“frivolity”.
13. The judicial Defendants, Government Officials, and Honeywell were utterly incapable of
defending against Plaintiffs’ well-proven allegations of Government CORRUPTION, fake
titles, “land” “parcels”, and said mockery of justice since 2006. Here for years over and over
again, this Court victimized the pro se Plaintiffs and shut them up [and thousands of other
pro se Plaintiffs] under the record pattern and policy of falsely pretending “frivolity” and
“vexatiousness”. Here like a CORRUPT NAZI Court, this Court obstructed any chance of
justice as if the Plaintiffs were Jews in NAZI Germany.
VEXTIOUS HISTORY OF GOVERNMENTAL PATTERN OF CORRUPTION
14. Government CORRUPTION explained why Honeywell is the latest “whore” in a string of
CORRUPT Defendant Government Officials who all, one after another, and again and again,
have concealed, and conspired to conceal, said prima facie foolish fabrications of bogus
“land” “parcels”, a “resolution”, “law”, “condemnation-by-resolution” without any judicial
eminent domain due process.
15. No matter strongly Defendant Honeywell expressed her intent to cover up for other
Government Officials, her record judicial horseshit and CORRUPT acts of deception and
trickery had no legal basis and/or justification. Here, Defendant Honeywell expressly stated
her criminal intent to fix Plaintiffs’ claims for relief from, e.g., Governmental and judicial
CORRUPTION:

3
“The Court will also hear argument on the USAO Defendants' Motion for Pre-filing
Injunction, Monetary Sanctions, And Dismissal With Prejudice (Doc. 149).” Id., p. 2.

16. Here, the USAO Defendants never made any “argument” responsive to Plaintiffs’ record
evidence of Governmental CORRUPTION and facially fraudulent “claims” of Government
“land” ownership and title. No single “defense” in response to Plaintiffs’ claims and causes
existed on the record. By not presenting any legitimate defense and/or response, whatsoever,
the Defendants admitted Plaintiffs’ well-proven assertions under the Rules.
17. Disjointedly, Honeywell rambled about “sanctions”, and “sanctions against them [Plaintiffs]
pursuant to Fed. R. Civ. P. 11 (c) (3) (Doc. 126)”, but not once did she respond to Plaintiffs
claims for relief and address any single relevant and material legal issue as has been the
pattern in this Court since 2007.
CONCEALMENT OF CORRUPTION CLAIMS BY MEANS OF “FRIVOLITY” SCAM
18. This Case turns on Government and judicial CORRUPTION and independent de novo
review, which Honeywell has been obstructing to the best of her CORRUPTION skills. In
their related pleadings, the Plaintiffs had demanded Orders directing Defendant Honeywell to
SHOW CAUSE
a. why she is not concealing Government CORRUPTION such as, e.g., concealment of
said fictitious “land” “parcels” and the judicial concoctions of “law” and
“condemnation-by-legislative-act”;
b. why she is not concealing the record absence of any Lee County title evidence;
c. why she is not concealing the record absence of any involuntary alienation history
and/or record;
d. why she is not personally extending the Governmental fraud scheme of illegally
seizing and extorting “land” that Defendants had previously fraudulently “claimed”
to be “Government owned”.

Rule 11 is not a tool for the “organized” cover-up of judicial CORRUPTION, unlawful
harassment of Plaintiffs, and extension of Governmental CORRUPTION & fraud.
NOTICE OF APPEAL FROM “ORDER”, DOC. # 186, AND FRAUD ON THE COURT
19. On June 17, 2010, the Plaintiffs appealed from Defendant crooked Judge Charlene E.
Honeywell’s “Order”, “Document 186”, “filed 06/07/10”.
UNCONTROVERTED GOVERNMENTAL CORRUPTION ON THE RECORD
20. Since 2006, the Plaintiffs had conclusively evidenced record Governmental and judicial
CORRUPTION and demanded relief in State and Federal Courts. Defendant Governments
obstructed any opportunity of justice under Governmental policy and custom of fraudulent
pretenses of “frivolity” and “vexatiousness”.

Court Case No. Filed NOS Closed


Name
1 BUSSE, JORG flmdce 2:2009cv00041 01/23/2009 890 02/11/2009
2 BUSSE, JORG flmdce 2:2010cv00089 02/09/2010 440
3 BUSSE, JORG flmdce 2:2007cv00228 04/10/2007 440 05/06/2008
4 BUSSE, JORG flmdce 2:2009cv00341 05/26/2009 440 06/04/2009

4
5 BUSSE, JORG flmdce 2:2008cv00364 05/07/2008 440 07/25/2008
6 BUSSE, JORG flmdce 2:2009cv00602 09/11/2009 440 11/05/2009
7 BUSSE, JORG flmdce 2:2009cv00791 12/04/2009 440
8 BUSSE, JORG flmdce 2:2008cv00899 12/05/2008 440 02/04/2009

21. Plain and short, Plaintiffs had proven the prima facie illegality and nullity of forged and
legally non-existent “land” “parcels” “12-44-20-01-00000.00A0” and “07-44-20-01-
00001.0000”. Said sham “parcels” could not be legally described in reference to the 1912
“Cayo Costa” Subdivision Plat of Survey in Lee County Plat Book 3, Page 25.
22. No evidence of any title to and/or ownership of said facially forged land “parcels” ever
existed in the public records. Said “parcels” could not be linked to any title transaction of
record. No property interest could have possibly been created in said non-existent counterfeit
“parcels”. In particular, Lee County, Florida, never took title to said spurious “parcels”.
23. In said State and Federal legal actions, the Government Defendants never controverted the
patently clear record absence of any such fake “lot” “00A0” and fake “block” “00001”. The
Defendants even admitted the impossibility of any “Lee County” title evidence on the record.
Here, no chain and/or abstract of title ever evidenced or could have possibly evidenced said
scandalous sham “parcels”. Lee County never paid any property taxes on said manufactured
“parcels”.
24. Plaintiffs proved that Defendant Kenneth M. Wilkinson, Lee County Property Appraiser, and
the Lee County Defendants conspired with other Defendants to fabricate said fictitious
“parcels” and fraudulently pretend “land” “ownership”.
25. On November 7, 2007, the Plaintiff(s) had evidenced the record absence of said bogus
“parcels” before bribed U.S. Magistrate Judge Polster Chappell. See 2007 Court Hearing
Transcript. In exchange for Defendants’ bribes, Defendant crooked Magistrate Polster
Chappell fixed Plaintiffs’ Cases and falsely pretended “frivolity” (Doc. # 252) before
Plaintiffs had even filed their Court-ordered “Third Amended Complaint” (Doc. ## 282, 288)
and after Chappell had purportedly screened Plaintiffs’ pleadings for “frivolity”.
26. On the record, the gang of Judicial Officers conspired with other Defendants to extend said
Governmental “land robbery” and corruption and denigrate the Plaintiffs as “vexatious” and
conceal the record evidence of Government crimes under fraudulent pretenses of “frivolity”.
27. Here plain and short, the dispositive legal issues were Government CORRUPTION and
RECORD OWNERSHIP / TITLE: Did Lee County, FL, hold record title: YES or NO? NO,
Lee County never held record title. NOR could Lee County have ever possibly held title to
legally non-existent and un-platted bogus “parcels”.
28. Because here the Government crimes and corruption since 1969 were so damaging and far-
reaching, the judicial Defendants added additional layers of corruption when they covered up
for fellow Officials and concealed the truth by criminal means of their “vexatiousness” and
“frivolity” scams.
JUDICIAL CONSPIRACY TO CONCEAL FAKE OWNERSHIP & PARCEL CLAIMS
29. In exchange for Defendants’ bribes, Defendant U.S. Judges John Edwin Steele, Sheri Polster
Chappell, Richard Allan Lazzara, and Mark A. Pizzo conspired to fraudulently pretend
condemnation of said non-genuine and legally un-described “parcels” by purported “virtue
of” a “resolution” and/or “legislative act”. See record Governmental fraud and extortion
scheme “O.R. 569/875”.

5
30. Said judicial Defendants knowingly misrepresented that any type of “involuntary alienation”
would have necessarily been a judicial function, and could not have possibly been any
“legislative” function. Said Defendant Judicial Officers acted in contempt of the law for said
criminal purposes of “land robbery” “under color of” said fake “parcels”. See Florida
Attorney General Opinion # 78-125.
31. Said crooked judicial Defendants concealed the record absence of any “Lee County” evidence
of title and “Government ownership” and the utter non-compliance with any and all Federal
and Florida title standards. On their faces, the concoctions and lies of said judicial
Defendants were so irrational and unintelligent that title insurance underwriters shook their
heads in disbelief over said judicial corruption on the record.
NULL & VOID ORDERS WHICH WERE PROCURED THROUGH RECORD FRAUD
32. Here, the Plaintiffs evidenced Defendants’ brazen record fraud on the Court(s) and their
concealment of Governmental corruption and deliberate deprivations under false pretenses of
said non-authentic “parcels” and forged paper “O.R. 569/875”. Any and all orders of any and
all Judges were null and void, because they were procured through said fraud. To this day, no
intelligent explanation of the fraudulently pretended “frivolity” was ever given on the record.
As has been customary in this Court, Judges cover up for Judges and obstruct the truth and
justice. Here brazenly, Defendant crooked Officials such as, e.g., Kenneth M. Wilkinson and
Jack N. Peterson continue the fraudulent “parcel” schemes.
33. Here, the foolish and brazen replication of prima facie Government nonsense and trash such
as, e.g., “frivolity” by Judge after Judge, and again and again, “under color of Governmental
authority and office” established the record pattern of Governmental CORRUPTION and
concealment.
34. Like bungling and corrupt Government fools, e.g., Defendant Judge Lazzara presided over
his own prosecution and fixed Plaintiffs’ Cases by “summarily dismissing” them without any
intelligent defense. Here, power corrupted Lazzara absolutely.
DEF. HONEYWELL NEVER EVEN READ THE UN-FILED COMPLAINT PAGES
35. Here, “legal whore” Honeywell never even read or reviewed the un-filed Complaint pages,
but foolishly repeated the self-serving Government trash by other CROOKED Judges and
Officials.
HONEYWELL’S CORRUPTION & CONTEMPT OF THE LAW
36. Here, Honeywell knew that no eminent domain, condemnation, adverse possession or any
other judicial adjudication had ever occurred. See, e.g., Chapters 73, 74; 95; 712, Fla. Stat.;
Florida & Federal Constitutions; 14th, 1st, 4th, 5th, 7th U.S. Const. Amendments.
37. The law simply did not recognize the fraudulent, arbitrary, and capricious Governmental
coercion and property extortion schemes of said judicial and Governmental Defendants and
their Attorneys, who were in contempt of said law.
38. No evidence of any “resolution” and/or “law” had ever existed on the record. The record was
devoid of any “legislative act” and/or “resolution”. No name and/or signature of any
“lawmaker” and/or witness or notary ever existed on the falsely alleged colorless
“resolution”, which was devoid of any “legal description”.
39. Here in April 2009, the U.S. Court of Appeals had affirmed the record nullity and illegality
of said fake “parcels” and dispositively declared the Plaintiffs the unimpeachable record
landowners of their riparian Parcel 12-44-20-01-00015.015A on the Gulf of Mexico. See
PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; Lee County
PB 3, PG 25 (1912).

6
PRIMA FACIE EMERGENCIES OF GOVERNMENT CRIMES & CORRUPTION
40. Here, Defendant Government thug Honeywell knew that the record fraudulent judicial “final
determinations” of a “resolution” by the bribed judicial Defendants categorically ruled out
any possibility of the falsely pretended “Lee County / Government ownership and titles. In
America, “resolutions” never transferred title and could not have possibly involuntarily
divested the Plaintiffs of their admittedly unimpeachable record ownership against their will.
See Warranty Deed, abstract of title, chain of title, surveys, title insurance policy, riparian
Gulf-front Parcel “ 12-44-20-01-00015.015A, PB 3, PG 25 (1912) on the record.
RIGHTFUL PROSECUTION OF CORRUPT GOVERNMENT OFFICIALS
41. Here, the pro se Plaintiffs rightfully defended against prima facie organized Government
fraud, CORRUPTION, obstruction of justice, and deliberate deprivations on the record. See
18 U.S.C. §§ 241, 242. Covering up for other Government criminals and concealing
Government CORRUPTION and crimes such as said Government forgeries of “land”
“parcels”, titles, and a “resolution” were of course unlawful. The Federal prosecution of the
judicial Defendants, Honeywell, and Defendant Government Officials was a
FUNDAMENTAL right, which Honeywell deliberately deprived the Plaintiffs of:

“Plaintiffs have continued to file motions and pleadings in violation of the Local
Rules of this Court and prior Orders of this Court. fn. 1 On February 9, 2010,
Plaintiffs filed yet another lawsuit regarding the dispute over a particular piece of
property in Lee County, Florida. This lawsuit names, among others, Eleventh Circuit
Court Judges, District Judges, and the Governor of Florida.” See Doc. 186; p. 1.
42. Here, the “prior Orders of this Court” were procured through prima facie record fraud,
fabricated “land” “parcels”, titles, fraudulent “Government ownership” “claims”, bogus
Government surveys, bribery, and sham Government “frivolity” and “vexatiousness” cover-
up & concealment schemes.
43. Again, Honeywell’s nonsense order was vague and ambiguous, because she did not even
explain what could have possibly violated the “Local Rules”. Pursuant to Fed. R. Civ. P. 1,
Honeywell was to pursue the just, speedy, and inexpensive adjudication of Plaintiffs’ claims
for relief. Here, Honeywell recklessly wasted time and resources to conceal said Government
CORRUPTION and crimes. By not even reading, reviewing and responding to the
CORRUPTION evidence on file under fraudulent pretenses of “frivolity”, Honeywell kept
the Plaintiffs away from the Court and perpetrated fraud on the Court rather than grant the
Plaintiffs the demanded relief from the prima facie Government CORRUPTION and crimes
of the other judicial Defendants such as, e.g., Lazzara, Steele, Pizzo, and Polster Chappell.
44. Here public policy and the Federal Rules superseded any deceptively narrow technical
construction for the “local rules” for the unlawful purpose of concealing said Government
CORRUPTION.
45. Obviously, the job of said CORRUPT Judges and Honeywell was not to “protect” fellow
criminal Judges and cover up their crimes, but to uphold the law. Here, Honeywell has been
in CONTEMPT of the law and her oath of Government office. See, e.g., Chapters 712; 73,
74; 95, Fla. Stat. [Marketable Record Title Act; Eminent domain; Adverse Possession];
Florida & Federal Constitutional rights to own property, exclude Governments, and be free
from Governmental oppression, abuse, property seizure, and terror by criminal means of,
e.g., said sham “land” “parcels”, the charade of “condemnation-by-resolution (O.R.

7
569/875)”, fires and arson (2008), physical force, destruction of substantial property fencing,
and criminal trespass.
EMERGENCY OF RECORD EVASION OF PROSECUTION FOR CORRUPTION
46. Here absolutely NOTHING prohibited the Plaintiffs from prosecuting CORRUPT Defendant
Government Officials and stressing the gravity and EMERGENCY of the judicial
Defendants’ and Honeywell criminal Governmental acts. How dumb did crooked Honeywell
think the American people are? Spilling, e.g., oil, lies, fake titles, “frivolity” cover-up scams,
and CORRUPTION upon the American people in exchange for, e.g., bribes by “Big Oil” and
by criminal means of “Big Government” record Nazi tactics were of course alarming
EMERGENCIES. (Honeywell, you are drunk with perceived Governmental power!) Here,
the separation-of-powers-doctrine demanded judicial due process in a Court of law and
prohibited the record illegal seizure and writ of execution.
EMERGENCY OF JUDICIAL SODOMY BY CONTEMPTUOUS HONEYWELL
47. Here, record Governmental tales of fake “law”, “O.R. 569/875”, threats of physical force
against the Plaintiffs, Governmental terror, fires, and “land-seizure-by-fake-legislative-act”
were of course EMERGENCIES. Here, Plaintiffs defended against Honeywell’s judicial
sodomy. Just because CORRUPT Governmental Officials did not consider catastrophic oil
spills and Government CORRUPTION to be EMERGENCIES, Plaintiffs were entitled to
defend against said catastrophic EMERGENCIES of anarchy and lawlessness.
48. Defendant Government Officials’ bypassing and sidestepping of eminent domain and
condemnation due process by faking said “land” “parcels”, “Government ownership”, titles,
and conspiring to threaten physical force, “punishment”, coercion, extortion, sanctions were
of course EMERGENCIES of the first order. What else is there in a purportedly
democratic society?
49. Here, “frivolity”, “vexatiousness”, “lack of jurisdiction”, and facially forged “land”
“parcels”, and fake “resolution”, “O.R. 569/875” were not any “legal argument” and/or
“defense”, but a few of the outright desperate and stupid criminal means of CORRUPTING
and obstructing justice at the filthy hands of bungling CORRUPT Government idiots such as
here the Governmental Defendants and Charlene Edwards Honeywell.
50. Here, Honeywell did not “cut her CORRUPT crap” and crimes, but continually stacked on
more crap and CORRUPTION with the calculated intent to trick and deceive the American
people and defraud the Plaintiffs and the record owners of the other more than 1,200 platted
“land” “parcels”, PB 3 PG 25 (1912), out of their private property and private implied
“paper” street, alley, and riparian street easements …

8
Honey SHOW CAUSE!
Where’s the title evidence?
2:09-cv-00791-CEH-SPC

“07-44-21-01-00001.0000”
UP YOUR ASS …>>
6/17/2010 Lee County Property Appraiser - Onlin…

Tax Year 2009


Lee County Property Appraiser
Property Data for Parcel 07-44-21-01-00001.0000
Next Lower Parcel Number Next Higher

Parcel Number Tax Estimator Tax Bills Print

Property Details
Owner Of Record [ Viewer ] Tax Map [ Print ]
LEE COUNTY
PO BOX 398
FORT MYERS FL 33902

Site Address
CAYO COSTA
CAPTIVA FL 33924

Legal Description
ALL UN-NUMBERED + UN-
DESIGNATED LOTS IN CAYO
COSTA + LT K BLK 32

Classification / DOR Code


COUNTIES - OTHER / 86 [ Pictometry Aerial Viewer ]

Property Values (2009 Tax Roll) Exemptions Attributes

Homestead 0 Land Units of Measure AC


Just 91,700
Additional Homestead 0 Total Number of Land Units 9
Assessed 91,700
Widow 0 Frontage 0
Portability Applied 0
Widower 0 Depth 0
Assessed SOH 91,700
Disability 0 Total Number of Buildings 0
Taxable 0
Wholly 91,700 Total Bedrooms 0
Building 0
Senior 0 Total Bathrooms 0
Building Features 0 Incl. in bldg value
Agriculture 0 Total Buildings Sq Ft 0

Land 91,700 1st Year Building on Tax Roll 0

Land Features 0 Incl. in bldg value Historic District No

SOH Difference 0

Taxing Authorities

Sales / Transactions
Sale Price Date OR Number Verifier Type Description Vacant/Improved

Sales disqualified as a result of examination of the deed


5,000.00 11/01/1996 2761/690 Add 03 V
Disqualified (Interest Sales / Court Docs / Government)

Sales disqualified as a result of examination of the deed


100.00 12/01/1969 569/875 Add 01 V
Disqualified (Doc Stamp .70 / SP less th $100 / Other Disq)

Parcel Numbering History


Prior STRAP Renumber Reason Renumber Date

07-44-21-00-00001.0000 Split (From another Parcel)

07-44-21-01-00032.0000 Combined (With another parcel-Delete Occurs) 07/02/1997

Solid Waste (Garbage) Roll Data

leepa.org/Display/DisplayParcel.aspx?… 1/2
6/17/2010 Lee County Property Appraiser - Onlin…

Elevation Information
Flood Insurance [ FIRM Look-up ]
Storm Surge Category
Rate Code Community Panel Version Date

TS 125124 0211 F 8/28/2008

Appraisal Details

Land
Land Tracts
Use Code Use Code Description Number of Units Unit of Measure

8600 County Owned, Offices, Library, Government Bldg 9 Acres

TRIM (proposed tax) Notices are available for the following tax years
[ 2001 2002 2003 2004 2005 2006 2007 2008 2009 ]

Next Lower Parcel Number Next Higher Parcel Number New Query Search Results Home

leepa.org/Display/DisplayParcel.aspx?… 2/2
Honey SHOW CAUSE!
Where’s the title evidence?
2:09-cv-00791-CEH-SPC

“12-44-20-01-00000.00A0”
UP YOUR ASS …
6/16/2010 Lee County Property Appraiser - Onlin…

L EE COUNTY P ROPERTY A PPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00000.00A0


T AX YEAR 2009

Parcel data is available for the following tax years:


[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel | Tax Estimator ]

OWNERSHIP , LEGAL, S ALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE . LAND, BUILDING, VALUE AND E XEMPTION DATA ARE FROM THE 2009 ROLL.

PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]


LEE COUNTY
PO BOX 398
FORT MYERS FL 33902
SITE ADDRESS
GOVT LOT
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA PB 3 PG 25
ALL UNNUMBERED AND
ACCRETED LANDS

[ PICTOMETRY AERIAL VIEWER ]

TAXING DISTRICT DOR CODE


050 - COUNTY / NO FIRE DISTRICT 86 - COUNTIES - OTHER

PROPERTY VALUES (TAX ROLL


EXEMPTIONS ATTRIBUTES
2009)
[H ISTORY CHART ] HOMESTEAD 0 LAND UNITS OF
AC
JUST 1,074,100 WIDOW 0 MEASURE
ASSESSED 1,074,100 WIDOWER 0 TOTAL NUMBER OF
107.41
ASSESSED SOH 1,074,100 0 LAND UNITS
DISABILITY
TAXABLE 0 FRONTAGE 0
WHOLLY 1,074,100
BUILDING 0 DEPTH 0
AGRICULTURE 0
BUILDING INCL. IN BLDG
BEDROOMS
0 VALUE.
FEATURES BATHROOMS
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6/16/2010 Lee County Property Appraiser - Onlin…

LAND 1,074,100 TOTAL BUILDING SQFT


LAND INCL. IN LAND 1ST YEAR BUILDING ON
0 VALUE.
0
FEATURES TAX ROLL
SOH DIFFERENCE 0 HISTORIC DISTRICT NO

SALES/TRANSACTIONS
SALE OR TRANSACTION DETAILS VACANT /
DATE VERIFIER
PRICE NUMBER TYPE DESCRIPTION IMPROVED
100 12/1/1969 569/875 Add 01 Disqualified (Doc Stamp .70 / SP less th V
$100 / Other Disq)
There are 1 additional parcel(s) with this document
(may have been split after the transaction date)...
07-44-21-01-00001.0000

SOLID WASTE (GARBAGE) ROLL DATA


SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
C OLLECTION DAYS

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM LOOK-UP)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
TS 125124 0192 F 8/28/2008
Please contact Lee County DCD at 239-533-8597 option 4 to verify your flood zone status.

[ Show ] APPRAISAL DETAILS

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

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Honey well WHY I am in
CONTEMPT of the LAW

Judge Charlene E. Honeywell


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Select Year: 2009 Go

The 2009 Florida Statutes

TITLE VIII

LIMITATIONS

CHAPTER 95

LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

95.011 Applicability.

95.03 Contracts shortening time.

95.031 Computation of time.

95.04 Promise to pay barred debt.

95.051 When limitations tolled.

95.091 Limitation on actions to collect taxes.

95.10 Cause of action arising in another state.

95.11 Limitations other than for the recovery of real property.

95.111 Limitations after death of a person served by publication.

95.12 Real property actions.

95.13 Real property actions; possession by legal owner presumed.

95.14 Real property actions; limitation upon action founded upon title.

95.16 Real property actions; adverse possession under color of title.

95.18 Real property actions; adverse possession without color of title.

95.191 Limitations when tax deed holder in possession.

95.192 Limitation upon acting against tax deeds.

95.21 Adverse possession against lands purchased at sales made by executors.

95.22 Limitation upon claims by remaining heirs, when deed made by one or more.

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95.231 Limitations where deed or will on record.

95.281 Limitations; instruments encumbering real property.

95.35 Termination of contracts to purchase real estate in which there is no maturity date.

95.36 Dedications to municipalities or counties for park purposes.

95.361 Roads presumed to be dedicated.

95.011 Applicability.--A civil action or proceeding, called "action" in this chapter, including one brought by the
state, a public officer, a political subdivision of the state, a municipality, a public corporation or body corporate,
or any agency or officer of any of them, or any other governmental authority, shall be barred unless begun within
the time prescribed in this chapter or, if a different time is prescribed elsewhere in these statutes, within the
time prescribed elsewhere.

History .--s. 1, ch. 74-382; s. 1, ch. 77-174.

95.03 Contracts shortening time.--Any provision in a contract fixing the period of time within which an action
arising out of the contract may be begun at a time less than that provided by the applicable statute of
limitations is void.

History .--ss. 1, 2, ch. 6465, 1913; RGS 2931; CGL 4651; s. 2, ch. 74-382.

95.031 Computation of time.--Except as provided in subsection (2) and in s. 95.051 and elsewhere in these
statutes, the time within which an action shall be begun under any statute of limitations runs from the time the
cause of action accrues.

(1) A cause of action accrues when the last element constituting the cause of action occurs. For the purposes of
this chapter, the last element constituting a cause of action on an obligation or liability founded on a negotiable
or nonnegotiable note payable on demand or after date with no specific maturity date specified in the note, and
the last element constituting a cause of action against any endorser, guarantor, or other person secondarily
liable on any such obligation or liability founded on any such note, is the first written demand for payment,
notwithstanding that the endorser, guarantor, or other person secondarily liable has executed a separate writing
evidencing such liability.

(2)(a) An action founded upon fraud under s. 95.11(3), including constructive fraud, must be begun within the
period prescribed in this chapter, with the period running from the time the facts giving rise to the cause of
action were discovered or should have been discovered with the exercise of due diligence, instead of running
from any date prescribed elsewhere in s. 95.11(3), but in any event an action for fraud under s. 95.11(3) must
be begun within 12 years after the date of the commission of the alleged fraud, regardless of the date the fraud
was or should have been discovered.

(b) An action for products liability under s. 95.11(3) must be begun within the period prescribed in this chapter,
with the period running from the date that the facts giving rise to the cause of action were discovered, or should
have been discovered with the exercise of due diligence, rather than running from any other date prescribed
elsewhere in s. 95.11(3), except as provided within this subsection. Under no circumstances may a claimant
commence an action for products liability, including a wrongful death action or any other claim arising from
personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with
an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more
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than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business
of selling or leasing the product or of using the product as a component in the manufacture of another product.
All products, except those included within subparagraph 1. or subparagraph 2., are conclusively presumed to
have an expected useful life of 10 years or less.

1. Aircraft used in commercial or contract carrying of passengers or freight, vessels of more than 100 gross
tons, railroad equipment used in commercial or contract carrying of passengers or freight, and improvements to
real property, including elevators and escalators, are not subject to the statute of repose provided within this
subsection.

2. Any product not listed in subparagraph 1., which the manufacturer specifically warranted, through express
representation or labeling, as having an expected useful life exceeding 10 years, has an expected useful life
commensurate with the time period indicated by the warranty or label. Under such circumstances, no action for
products liability may be brought after the expected useful life of the product, or more than 12 years after
delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing
the product or of using the product as a component in the manufacture of another product, whichever is later.

3. With regard to those products listed in subparagraph 1., except for escalators, elevators, and improvements
to real property, no action for products liability may be brought more than 20 years after delivery of the product
to its first purchaser or lessor who was not engaged in the business of selling or leasing the product or of using
the product as a component in the manufacture of another product. However, if the manufacturer specifically
warranted, through express representation or labeling, that the product has an expected useful life exceeding 20
years, the repose period shall be the time period warranted in representations or label.

(c) The repose period prescribed in paragraph (b) does not apply if the claimant was exposed to or used the
product within the repose period, but an injury caused by such exposure or use did not manifest itself until after
expiration of the repose period.

(d) The repose period prescribed within paragraph (b) is tolled for any period during which the manufacturer
through its officers, directors, partners, or managing agents had actual knowledge that the product was
defective in the manner alleged by the claimant and took affirmative steps to conceal the defect. Any claim of
concealment under this section shall be made with specificity and must be based upon substantial factual and
legal support. Maintaining the confidentiality of trade secrets does not constitute concealment under this
section.

History .--s. 3, ch. 74-382; s. 1, ch. 75-234; s. 2, ch. 77-54; ss. 1, 2, ch. 78-289; s. 1, ch. 78-418; s. 1, ch. 80-280; s. 44, ch. 81-259;
s. 10, ch. 85-80; s. 2, ch. 86-272; s. 2, ch. 90-105; s. 11, ch. 99-225; s. 20, ch. 2003-154.

95.04 Promise to pay barred debt.--An acknowledgment of, or promise to pay, a debt barred by a statute of
limitations must be in writing and signed by the person sought to be charged.

History .--s. 1, ch. 4375, 1895; GS 1717; RGS 2930; CGL 4650; s. 6, ch. 74-382.

95.051 When limitations tolled.--

(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

(a) Absence from the state of the person to be sued.

(b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process
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cannot be served on the person to be sued.

(c) Concealment in the state of the person to be sued so that process cannot be served on him or her.

(d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event,
the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action.

(e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments.

(f) The payment of any part of the principal or interest of any obligation or liability founded on a written
instrument.

(g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action.

(h) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in
which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or
incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of
limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun
within 7 years after the act, event, or occurrence giving rise to the cause of action.

Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner
sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability
of any person to initiate an action within 30 days of the lifting of an automatic stay issued in a bankruptcy
action as is provided in 11 U.S.C. s. 108(c).

(2) No disability or other reason shall toll the running of any statute of limitations except those specified in this
section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law.

History.--s. 16, Nov. 10, 1828; ss. 14, 17, ch. 1869, 1872; RS 1284, 1285; GS 1715, 1716; RGS 2928, 2929; CGL
4648, 4649; s. 4, ch. 74-382; s. 2, ch. 75-234; s. 1, ch. 77-174; s. 3, ch. 86-266; s. 1, ch. 89-26; s. 1, ch. 90-
105; s. 519, ch. 95-147.

Note.--Former ss. 95.05, 95.07.

95.091 Limitation on actions to collect taxes.--

(1)(a) Except in the case of taxes for which certificates have been sold, taxes enumerated in s. 72.011, or tax
liens issued under s. 196.161, any tax lien granted by law to the state or any of its political subdivisions, any
municipality, any public corporation or body politic, or any other entity having authority to levy and collect taxes
shall expire 5 years after the date the tax is assessed or becomes delinquent, whichever is later. No action may
be begun to collect any tax after the expiration of the lien securing the payment of the tax.

(b) Any tax lien granted by law to the state or any of its political subdivisions for any tax enumerated in s.
72.011 or any tax lien imposed under s. 196.161 shall expire 20 years after the last date the tax may be
assessed, after the tax becomes delinquent, or after the filing of a tax warrant, whichever is later. An action to
collect any tax enumerated in s. 72.011 may not be commenced after the expiration of the lien securing the
payment of the tax.

(2) If no lien to secure the payment of a tax is provided by law, no action may be begun to collect the tax after
5 years from the date the tax is assessed or becomes delinquent, whichever is later.

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(3)(a) With the exception of taxes levied under chapter 198 and tax adjustments made pursuant to ss. 220.23
and 624.50921, the Department of Revenue may determine and assess the amount of any tax, penalty, or
interest due under any tax enumerated in s. 72.011 which it has authority to administer and the Department of
Business and Professional Regulation may determine and assess the amount of any tax, penalty, or interest due
under any tax enumerated in s. 72.011 which it has authority to administer:

1.a. For taxes due before July 1, 1999, within 5 years after the date the tax is due, any return with respect to
the tax is due, or such return is filed, whichever occurs later; and for taxes due on or after July 1, 1999, within 3
years after the date the tax is due, any return with respect to the tax is due, or such return is filed, whichever
occurs later;

b. Effective July 1, 2002, notwithstanding sub-subparagraph a., within 3 years after the date the tax is due, any
return with respect to the tax is due, or such return is filed, whichever occurs later;

2. For taxes due before July 1, 1999, within 6 years after the date the taxpayer either makes a substantial
underpayment of tax, or files a substantially incorrect return;

3. At any time while the right to a refund or credit of the tax is available to the taxpayer;

4. For taxes due before July 1, 1999, at any time after the taxpayer has filed a grossly false return;

5. At any time after the taxpayer has failed to make any required payment of the tax, has failed to file a
required return, or has filed a fraudulent return, except that for taxes due on or after July 1, 1999, the
limitation prescribed in subparagraph 1. applies if the taxpayer has disclosed in writing the tax liability to the
department before the department has contacted the taxpayer; or

6. In any case in which there has been a refund of tax erroneously made for any reason:

a. For refunds made before July 1, 1999, within 5 years after making such refund; and

b. For refunds made on or after July 1, 1999, within 3 years after making such refund,

or at any time after making such refund if it appears that any part of the refund was induced by fraud or the
misrepresentation of a material fact.

(b) For the purpose of this paragraph, a tax return filed before the last day prescribed by law, including any
extension thereof, shall be deemed to have been filed on such last day, and payments made prior to the last day
prescribed by law shall be deemed to have been paid on such last day.

(4) If administrative or judicial proceedings for review of the tax assessment or collection are initiated by a
taxpayer within the period of limitation prescribed in this section, the running of the period shall be tolled during
the pendency of the proceeding. Administrative proceedings shall include taxpayer protest proceedings initiated
under s. 213.21 and department rules.

History .--s. 20, ch. 74-382; s. 37, ch. 85-342; s. 49, ch. 87-6; ss. 29, 66, ch. 87-101; s. 4, ch. 88-119; s. 19, ch. 92-315; s. 25, ch.
94-353; s. 1, ch. 99-239; s. 10, ch. 2000-151; s. 2, ch. 2000-355; s. 1, ch. 2004-26; s. 1, ch. 2005-280.

95.10 Cause of action arising in another state.--When the cause of action arose in another state or territory
of the United States, or in a foreign country, and its laws forbid the maintenance of the action because of lapse
of time, no action shall be maintained in this state.

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History .--s. 18, ch. 1869, 1872; RS 1295; GS 1726; RGS 2940; CGL 4664; s. 5, ch. 74-382.

95.11 Limitations other than for the recovery of real property.--Actions other than for recovery of real
property shall be commenced as follows:

(1) WITHIN TWENTY YEARS.--An action on a judgment or decree of a court of record in this state.

(2) WITHIN FIVE YEARS.--

(a) An action on a judgment or decree of any court, not of record, of this state or any court of the United
States, any other state or territory in the United States, or a foreign country.

(b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for
an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss.
255.05(10) and 713.23(1)(e).

(c) An action to foreclose a mortgage.

(d) An action alleging a willful violation of s. 448.110.

(3) WITHIN FOUR YEARS.--

(a) An action founded on negligence.

(b) An action relating to the determination of paternity, with the time running from the date the child reaches
the age of majority.

(c) An action founded on the design, planning, or construction of an improvement to real property, with the
time running from the date of actual possession by the owner, the date of the issuance of a certificate of
occupancy, the date of abandonment of construction if not completed, or the date of completion or termination
of the contract between the professional engineer, registered architect, or licensed contractor and his or her
employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the
time the defect is discovered or should have been discovered with the exercise of due diligence. In any event,
the action must be commenced within 10 years after the date of actual possession by the owner, the date of the
issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of
completion or termination of the contract between the professional engineer, registered architect, or licensed
contractor and his or her employer, whichever date is latest.

(d) An action to recover public money or property held by a public officer or employee, or former public officer
or employee, and obtained during, or as a result of, his or her public office or employment.

(e) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal
property that is not permanently incorporated in an improvement to real property, including fixtures.

(f) An action founded on a statutory liability.

(g) An action for trespass on real property.

(h) An action for taking, detaining, or injuring personal property.

(i) An action to recover specific personal property.

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(j) A legal or equitable action founded on fraud.

(k) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument,
including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.

(l) An action to rescind a contract.

(m) An action for money paid to any governmental authority by mistake or inadvertence.

(n) An action for a statutory penalty or forfeiture.

(o) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false
imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7).

(p) Any action not specifically provided for in these statutes.

(q) An action alleging a violation, other than a willful violation, of s. 448.110.

(4) WITHIN TWO YEARS.--

(a) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort;
provided that the period of limitations shall run from the time the cause of action is discovered or should have
been discovered with the exercise of due diligence. However, the limitation of actions herein for professional
malpractice shall be limited to persons in privity with the professional.

(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise
to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered
with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from
the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period
shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. An "action for
medical malpractice" is defined as a claim in tort or in contract for damages because of the death, injury, or
monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any
provider of health care. The limitation of actions within this subsection shall be limited to the health care
provider and persons in privity with the provider of health care. In those actions covered by this paragraph in
which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery
of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or
should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date
the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on
behalf of a minor on or before the child's eighth birthday. This paragraph shall not apply to actions for which ss.
766.301-766.316 provide the exclusive remedy.

(c) An action to recover wages or overtime or damages or penalties concerning payment of wages and overtime.

(d) An action for wrongful death.

(e) An action founded upon a violation of any provision of chapter 517, with the period running from the time
the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of
due diligence, but not more than 5 years from the date such violation occurred.

(f) An action for personal injury caused by contact with or exposure to phenoxy herbicides while serving either

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as a civilian or as a member of the Armed Forces of the United States during the period January 1, 1962,
through May 7, 1975; the period of limitations shall run from the time the cause of action is discovered or should
have been discovered with the exercise of due diligence.

(g) An action for libel or slander.

(5) WITHIN ONE YEAR.--

(a) An action for specific performance of a contract.

(b) An action to enforce an equitable lien arising from the furnishing of labor, services, or material for the
improvement of real property.

(c) An action to enforce rights under the Uniform Commercial Code--Letters of Credit, chapter 675.

(d) An action against any guaranty association and its insured, with the period running from the date of the
deadline for filing claims in the order of liquidation.

(e) An action to enforce any claim against a payment bond on which the principal is a contractor, subcontractor,
or sub-subcontractor as defined in s. 713.01, for private work as well as public work, from the last furnishing of
labor, services, or materials or from the last furnishing of labor, services, or materials by the contractor if the
contractor is the principal on a bond on the same construction project, whichever is later.

(f) Except for actions described in subsection (8), a petition for extraordinary writ, other than a petition
challenging a criminal conviction, filed by or on behalf of a prisoner as defined in s. 57.085.

(g) Except for actions described in subsection (8), an action brought by or on behalf of a prisoner, as defined in
s. 57.085, relating to the conditions of the prisoner's confinement.

(6) LACHES.--Laches shall bar any action unless it is commenced within the time provided for legal actions
concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that
the person alleging liability would assert his or her rights and whether the person sought to be held liable is
injured or prejudiced by the delay. This subsection shall not affect application of laches at an earlier time in
accordance with law.

(7) FOR INTENTIONAL TORTS BASED ON ABUSE.--An action founded on alleged abuse, as defined in s. 39.01, s.
415.102, or s. 984.03, or incest, as defined in s. 826.04, may be commenced at any time within 7 years after
the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4
years from the time of discovery by the injured party of both the injury and the causal relationship between the
injury and the abuse, whichever occurs later.

(8) WITHIN 30 DAYS FOR ACTIONS CHALLENGING CORRECTIONAL DISCIPLINARY PROCEEDINGS.--Any court
action challenging prisoner disciplinary proceedings conducted by the Department of Corrections pursuant to s.
944.28(2) must be commenced within 30 days after final disposition of the prisoner disciplinary proceedings
through the administrative grievance process under chapter 33, Florida Administrative Code. Any action
challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time
period provided by this section.

History .--s. 10, ch. 1869, 1872; s. 1, ch. 3900, 1889; RS 1294; GS 1725; s. 10, ch. 7838, 1919; RGS 2939; CGL 4663; s. 1, ch. 21892,
1943; s. 7, ch. 24337, 1947; s. 24, ch. 57-1; s. 1, ch. 59-188; s. 1, ch. 67-284; s. 1, ch. 71-254; s. 30, ch. 73-333; s. 7, ch. 74-382; s.

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7, ch. 75-9; s. 1, ch. 77-174; s. 11, ch. 78-435; s. 1, ch. 80-322; s. 34, ch. 83-38; s. 1, ch. 84-13; s. 1, ch. 85-63; s. 139, ch. 86-220;
s. 1, ch. 86-231; s. 1, ch. 86-272; s. 1, ch. 88-397; s. 20, ch. 90-109; s. 1, ch. 92-102; s. 520, ch. 95-147; s. 2, ch. 95-283; s. 4, ch.
96-106; s. 1, ch. 96-167; s. 15, ch. 98-280; s. 2, ch. 99-5; s. 12, ch. 99-137; s. 2, ch. 2001-211; s. 15, ch. 2005-230; s. 1, ch. 2005-
353; s. 1, ch. 2006-145.

95.111 Limitations after death of a person served by publication.--In all suits or actions when a decree pro
confesso or default was duly entered against a defendant on whom constructive service was duly obtained and
the defendant died after the entry of the decree pro confesso or default and before the entry of final decree or
judgment, and the death was not suggested to the court before the entry of the final decree or judgment, the
final decree or judgment shall be binding and conclusive against persons claiming under the deceased defendant
1 year after its date as if the death had been suggested and the suit or action revived or continued against the
proper parties.

History.--s. 1, ch. 11996, 1927; CGL 4947; s. 46, ch. 67-254; s. 21, ch. 74-382.

Note.--Former s. 62.08.

95.12 Real property actions.--No action to recover real property or its possession shall be maintained unless
the person seeking recovery or the person's ancestor, predecessor, or grantor was seized or possessed of the
property within 7 years before the commencement of the action.

History .--s. 2, ch. 1869, 1872; RS 1287; GS 1718; RGS 2932; CGL 4652; s. 8, ch. 74-382; s. 521, ch. 95-147.

95.13 Real property actions; possession by legal owner presumed.--In every action to recover real property
or its possession, the person establishing legal title to the property shall be presumed to have been possessed of
it within the time prescribed by law. The occupation of the property by any other person shall be in subordination
to the legal title unless the property was possessed adversely to the legal title for 7 years before the
commencement of the action.

History .--s. 4, ch. 1869, 1872; RS 1289; GS 1720; RGS 2934; CGL 4654; s. 9, ch. 74-382.

95.14 Real property actions; limitation upon action founded upon title.--No cause of action or defense to an
action founded on the title to real property, or to rents or service from it, shall be maintained unless:

(1) The person prosecuting the action or making the defense, or under whose title the action is prosecuted or
the defense is made, or the ancestor, predecessor, or grantor of the person, was seized or possessed of the real
property within 7 years before commencement of the action; or

(2) Title to the real property was derived from the United States or the state within 7 years before
commencement of the action. The time under this subsection shall not begin to run until the conveyance of the
title from the state or the United States.

History .--s. 3, ch. 1869, 1872; RS 1288; GS 1719; RGS 2933; CGL 4653; s. 10, ch. 74-382.

95.16 Real property actions; adverse possession under color of title.--

(1) When the occupant, or those under whom the occupant claims, entered into possession of real property
under a claim of title exclusive of any other right, founding the claim on a written instrument as being a
conveyance of the property, or on a decree or judgment, and has for 7 years been in continued possession of the
property included in the instrument, decree, or judgment, the property is held adversely. If the property is

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divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.
Adverse possession commencing after December 31, 1945, shall not be deemed adverse possession under color
of title until the instrument upon which the claim of title is founded is recorded in the office of the clerk of the
circuit court of the county where the property is located.

(2) For the purpose of this section, property is deemed possessed in any of the following cases:

(a) When it has been usually cultivated or improved.

(b) When it has been protected by a substantial enclosure. All land protected by the enclosure must be included
within the description of the property in the written instrument, judgment, or decree. If only a portion of the
land protected by the enclosure is included within the description of the property in the written instrument,
judgment, or decree, only that portion is deemed possessed.

(c) When, although not enclosed, it has been used for the supply of fuel or fencing timber for husbandry or for
the ordinary use of the occupant.

(d) When a known lot or single farm has been partly improved, the part that has not been cleared or enclosed
according to the usual custom of the county is to be considered as occupied for the same length of time as the
part improved or cultivated.

History .--s. 5, ch. 1869, 1872; RS 1290; GS 1721; RGS 2935; CGL 4655; s. 1, ch. 19253, 1939; s. 1, ch. 22897, 1945; ss. 11, 12, ch.
74-382; s. 1, ch. 77-174; s. 1, ch. 87-194; s. 522, ch. 95-147.

95.18 Real property actions; adverse possession without color of title.--

(1) When the occupant or those under whom the occupant claims have been in actual continued occupation of
real property for 7 years under a claim of title exclusive of any other right, but not founded on a written
instrument, judgment, or decree, the property actually occupied shall be held adversely if the person claiming
adverse possession made a return of the property by proper legal description to the property appraiser of the
county where it is located within 1 year after entering into possession and has subsequently paid all taxes and
matured installments of special improvement liens levied against the property by the state, county, and
municipality.

(2) For the purpose of this section, property shall be deemed to be possessed in the following cases only:

(a) When it has been protected by substantial enclosure.

(b) When it has been usually cultivated or improved.

History .--s. 7, ch. 1869, 1872; s. 6, ch. 4055, 1891; RS 1291; GS 1722; RGS 2936; CGL 4656; s. 1, ch. 19254, 1939; ss. 13, 14, ch. 74-
382; s. 1, ch. 77-102; s. 523, ch. 95-147.

95.191 Limitations when tax deed holder in possession.--When the holder of a tax deed goes into actual
possession of the real property described in the tax deed, no action to recover possession of the property shall
be maintained by a former owner or other adverse claimant unless the action commenced is begun within 4 years
after the holder of the tax deed has gone into actual possession. When the real property is adversely possessed
by any person, no action shall be brought by the tax deed holder unless the action is begun within 4 years from
the date of the deed.

History.--s. 64, ch. 4322, 1895; GS 591; s. 61, ch. 5596, 1907; RGS 794; s. 2, ch. 12409, 1927; CGL 1020; ss.
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1, 2, ch. 69-55; s. 1, ch. 72-268; s. 28, ch. 73-332; s. 1, ch. 77-174.

Note.--Former ss. 196.06, 197.725, 197.286.

95.192 Limitation upon acting against tax deeds.--

(1) When a tax deed has been issued to any person under s. 197.552 for 4 years, no action shall be brought by
the former owner of the property or any claimant under the former owner.

(2) When a tax deed is issued conveying or attempting to convey real property before a patent has been issued
thereon by the United States, or before a conveyance by the state, and thereafter a patent by the United States
or a conveyance by the state is issued to the person to whom the property was assessed or a claimant under him
or her, and the tax deed grantee or a claimant under the tax deed grantee has paid the taxes for 4 successive
years at any time after the issuance of the patent or conveyance, the patentee, or grantee, and any claimant
under the patentee or grantee shall be presumed to have abandoned the property and any right, title, and
interest in it. Upon such abandonment, the tax deed grantee and any claimant under the tax deed grantee is the
legal owner of the property described by the tax deed.

(3) This statute applies whether the tax deed grantee or any claimant under the tax deed grantee has been in
actual possession of the property described in the tax deed or not. If a tax deed has been issued to property in
the actual possession of the legal owner and the legal owner or any claimant under him or her continues in actual
possession 1 year after issuance of the tax deed and before an action to eject him or her is begun, subsections
(1) and (2) shall not apply.

History .--s. 27, ch. 73-332; s. 201, ch. 85-342; s. 524, ch. 95-147.

95.21 Adverse possession against lands purchased at sales made by executors.--The title of any purchaser,
or the purchaser's assigns, who has held possession for 3 years of any real or personal property purchased at a
sale made by an executor, administrator, or guardian shall not be questioned because of any irregularity in the
conveyance or any insufficiency or irregularity in the court proceedings authorizing the sale, whether
jurisdictional or not, nor shall it be questioned because the sale is made without court approval or confirmation
or under a will or codicil. The title shall not be questioned at any time by anyone who has received the money to
which he or she was entitled from the sale. This section shall not bar an action for fraud or an action against the
executor, administrator, or guardian for personal liability to any heir, distributee, or ward.

History .--s. 1, ch. 3134, 1879; RS 1293; GS 1724; RGS 2938; CGL 4658; s. 1, ch. 20954, 1941; s. 3, ch. 22897, 1945; s. 15, ch. 74-
382; s. 1, ch. 77-174; s. 525, ch. 95-147.

95.22 Limitation upon claims by remaining heirs, when deed made by one or more.--

(1) When any person owning real property or any interest in it dies and a conveyance is made by one or more of
the person's heirs or devisees, purporting to convey, either singly or in the aggregate, the entire interest of the
decedent in the property or any part of it, then no person shall claim or recover the property conveyed after 7
years from the date of recording the conveyance in the county where the property is located.

(2) This section shall not apply to persons whose names appear of record as devisees under the will or as the
heirs in proceedings brought to determine their identity in the office of the judge administering the estate of
decedent.

History .--s. 1, ch. 10168, 1925; CGL 4659; s. 14, ch. 20954, 1941; s. 15, ch. 73-334; s. 16, ch. 74-382; s. 526, ch. 95-147.

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95.231 Limitations where deed or will on record.--

(1) Five years after the recording of a deed or the probate of a will purporting to convey real property, from
which it appears that the person owning the property attempted to convey or devise it, the deed or will shall be
held to authorize the conveyance or devise of, or to convey or devise, the fee simple title to the real property,
or any interest in it, of the person signing the instrument, as if there had been no lack of seal or seals, witness
or witnesses, defect in acknowledgment or relinquishment of dower, in the absence of fraud, adverse
possession, or pending litigation. The instrument shall be admissible in evidence.

(2) After 20 years from the recording of a deed or the probate of a will purporting to convey real property, no
person shall assert any claim to the property against the claimants under the deed or will or their successors in
title.

(3) This law is cumulative to all laws on the subject matter.

History.--ss. 1, 2, ch. 10171, 1925; CGL 4660, 4661; ss. 1-4, ch. 21790, 1943; s. 35, ch. 69-216; s. 17, ch. 74-
382.

Note.--Former ss. 95.23, 95.26.

95.281 Limitations; instruments encumbering real property.--

(1) The lien of a mortgage or other instrument encumbering real property, herein called mortgage, except those
specified in subsection (5), shall terminate after the expiration of the following periods of time:

(a) If the final maturity of an obligation secured by a mortgage is ascertainable from the record of it, 5 years
after the date of maturity.

(b) If the final maturity of an obligation secured by a mortgage is not ascertainable from the record of it, 20
years after the date of the mortgage, unless prior to such time the holder of the mortgage:

1. Rerecords the mortgage and includes a copy of the obligation secured by the mortgage so that the final
maturity is ascertainable; or

2. Records a copy of the obligation secured by the mortgage from which copy the final maturity is ascertainable
and by affidavit identifies the mortgage by its official recording data and certifies that the obligation is the
obligation described in the mortgage;

in which case the lien shall terminate 5 years after the date of maturity.

(c) For all obligations, including taxes, paid by the mortgagee, 5 years from the date of payment. A mortgagee
shall have no right of subrogation to the lien of the state for taxes paid by the mortgagee to protect the security
of his or her mortgage unless he or she obtains an assignment from the state of the tax certificate. Redemption
of the tax certificate shall be insufficient for subrogation.

(2) If an extension agreement executed by the mortgagee or the mortgagee's successors in interest and the
mortgagor or the mortgagor's successors in interest is recorded, the time shall be extended as follows:

(a) If the final maturity of the obligation, as extended, secured by the mortgage is ascertainable from the
record of the extension agreement, 5 years after the date of final maturity of the obligation as extended.

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(b) If the final maturity of the obligation, as extended, secured by the mortgage is not ascertainable from the
record of the extension agreement, 20 years after the date of the extension agreement, unless prior to such
time the holder of the mortgage:

1. Rerecords the mortgage and includes a copy of the obligation, as extended, secured by the mortgage so that
the final maturity is ascertainable; or

2. Records a copy of the obligation, as extended, secured by the mortgage from which copy the final maturity is
ascertainable and by affidavit identifies the mortgage by its official recording data and certifies that the
obligation is the obligation described in the mortgage;

in which case the lien shall terminate 5 years after the date of maturity as extended.

(3) If the record of the mortgage shows that it secures an obligation payable in installments and the maturity
date of the final installment of the obligation is ascertainable from the record of the mortgage, the time shall
run from the maturity date of the final installment.

(4) The time shall be extended only as provided in this law and shall not be extended by any other agreement,
nonresidence, disability, part payment, operation of law, or any other method.

(5) This section does not apply to mortgages or deeds of trust executed by any railroad or other public utility
corporation or by any receiver or trustee of them or to liens or notices of liens under chapter 713.

History.--ss. 1-7, ch. 22560, 1945; s. 1, ch. 29977, 1955; s. 18, ch. 74-382; s. 1, ch. 77-174; s. 4, ch. 83-267;
s. 3, ch. 83-311; s. 527, ch. 95-147.

Note.--Former ss. 95.28-95.32.

95.35 Termination of contracts to purchase real estate in which there is no maturity date.--Whenever:

(1) Any person contracts by written agreement to purchase real property before July 1, 1972, and the final
maturity of the obligation is not ascertainable from the record of the contract, or accepts an assignment of such
a contract, but

(2) Even though the existence of the contract or assignment appears from the record of the instrument or by
reference to it in another recorded instrument, such person has not recorded a deed to the property or a
judgment recognizing the person's rights to the property and is not in actual possession of the property as
defined in s. 95.16, then

the person and those claiming under the person shall have no further interest in the property by virtue of the
contract or assignment. In these circumstances, the record of the contract or assignment, or other record
reference to either, shall no longer constitute actual or constructive notice to any person acquiring any interest
in the property.

History .--s. 1, ch. 24292, 1947; s. 19, ch. 74-382; s. 1, ch. 77-174; s. 528, ch. 95-147.

95.36 Dedications to municipalities or counties for park purposes.--

(1) Dedications of land to municipalities or counties for park purposes that have been recorded for 30 years
shall not be challenged by the dedicator or any other person when the land has been put to some municipal or
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county use during the period of dedication or has been conveyed by the municipality or county by a deed
recorded for 7 years, and all rights of the dedicator and all other persons in the land are terminated.

(2) When dedications of land to municipalities or counties for park purposes have been put to some municipal or
county use, the dedication was accepted by written instrument or by actions constituting acceptance, and the
municipality or county vacates the park and the ordinance or resolution vacating it recites that the municipality
or county is surrendering all of its title to the dedicated land, the fee simple title shall not be challenged in any
action by any person, except in cases of fraud, and the rights of all persons except the owner of the fee simple
title are terminated.

(3) Any funds accruing to a municipality or county from the sale of dedicated lands pursuant to this section shall
be used for park purposes.

History .--s. 1, ch. 25503, 1949; s. 1, ch. 70-337; s. 24, ch. 74-382; s. 1, ch. 89-28.

95.361 Roads presumed to be dedicated.--

(1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been
maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the
Department of Transportation, jointly or severally, the road shall be deemed to be dedicated to the public to the
extent in width that has been actually maintained for the prescribed period, whether or not the road has been
formally established as a public highway. The dedication shall vest all right, title, easement, and appurtenances
in and to the road in:

(a) The county, if it is a county road;

(b) The municipality, if it is a municipal street or road; or

(c) The state, if it is a road in the State Highway System or State Park Road System,

whether or not there is a record of a conveyance, dedication, or appropriation to the public use.

(2) In those instances where a road has been constructed by a nongovernmental entity, or where the road was
not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who
constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7
years by a county, a municipality, or the Department of Transportation, whether jointly or severally, such road
shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or
repaired for the prescribed period, whether or not the road has been formally established as a public highway.
This subsection shall not apply to an electric utility, as defined in s. 366.02(2). The dedication shall vest all
rights, title, easement, and appurtenances in and to the road in:

(a) The county, if it is a county road;

(b) The municipality, if it is a municipal street or road; or

(c) The state, if it is a road in the State Highway System or State Park Road System,

whether or not there is a record of conveyance, dedication, or appropriation to the public use.

(3) The filing of a map in the office of the clerk of the circuit court of the county where the road is located

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showing the lands and reciting on it that the road has vested in the state, a county, or a municipality in
accordance with subsection (1) or subsection (2) or by any other means of acquisition, duly certified by:

(a) The secretary of the Department of Transportation, or the secretary's designee, if the road is a road in the
State Highway System or State Park Road System;

(b) The chair and clerk of the board of county commissioners of the county, if the road is a county road; or

(c) The mayor and clerk of the municipality, if the road is a municipal road or street,

shall be prima facie evidence of ownership of the land by the state, county, or municipality, as the case may be.

(4) Any person, firm, corporation, or entity having or claiming any interest in and to any of the property
affected by subsection (2) shall have and is hereby allowed a period of 1 year after the effective date of this
subsection, or a period of 7 years after the initial date of regular maintenance or repair of the road, whichever
period is greater, to file a claim in equity or with a court of law against the particular governing authority
assuming jurisdiction over such property to cause a cessation of the maintenance and occupation of the
property. Such timely filed and adjudicated claim shall prevent the dedication of the road to the public pursuant
to subsection (2).

(5) This section does not apply to any facility of an electric utility which is located on property otherwise subject
to this section.

History.--s. 110, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 23, ch. 74-382; s. 1, ch. 77-174; s. 3, ch. 88-168;
s. 529, ch. 95-147; s. 54, ch. 2003-286; s. 14, ch. 2004-366.

Note.--Former s. 337.31.

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Select Year: 2009 Go

The 2009 Florida Statutes


Click a Title to View Chapters and Parts

TITLE I CONSTRUCTION OF STATUTES Ch.1-2


TITLE II STATE ORGANIZATION Ch.6-8
TITLE III LEGISLATIVE BRANCH; COMMISSIONS Ch.10-13
TITLE IV EXECUTIVE BRANCH Ch.14-24
TITLE V JUDICIAL BRANCH Ch.25-44
TITLE VI CIVIL PRACTICE AND PROCEDURE Ch.45-88
TITLE VII EVIDENCE Ch.90-92
TITLE VIII LIMITATIONS Ch.95
TITLE IX ELECTORS AND ELECTIONS Ch.97-107
TITLE X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Ch.110-122
TITLE XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Ch.124-164
TITLE XII MUNICIPALITIES Ch.165-185
TITLE XIII PLANNING AND DEVELOPMENT Ch.186-191
TITLE XIV TAXATION AND FINANCE Ch.192-221
TITLE XV HOMESTEAD AND EXEMPTIONS Ch.222
TITLE XVI TEACHERS' RETIREMENT SYSTEM; HIGHER EDUCATIONAL FACILITIES Ch.238-243
BONDS
TITLE XVII MILITARY AFFAIRS AND RELATED MATTERS Ch.250-252
TITLE XVIII PUBLIC LANDS AND PROPERTY Ch.253-274
TITLE XIX PUBLIC BUSINESS Ch.279-290
TITLE XX VETERANS Ch.292-296
TITLE XXI DRAINAGE Ch.298
TITLE XXII PORTS AND HARBORS Ch.308-315
TITLE XXIII MOTOR VEHICLES Ch.316-324
TITLE XXIV VESSELS Ch.326-328
TITLE XXV AVIATION Ch.329-333
TITLE XXVI PUBLIC TRANSPORTATION Ch.334-349
TITLE XXVII RAILROADS AND OTHER REGULATED UTILITIES Ch.350-368
TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Ch.369-380
TITLE XXIX PUBLIC HEALTH Ch.381-408
TITLE XXX SOCIAL WELFARE Ch.409-430
TITLE XXXI LABOR Ch.435-452
TITLE XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS Ch.454-493
TITLE XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Ch.494-560

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TITLE XXXIV ALCOHOLIC BEVERAGES AND TOBACCO Ch.561-569
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY Ch.570-604
TITLE XXXVI BUSINESS ORGANIZATIONS Ch.606-623
TITLE XXXVII INSURANCE Ch.624-651
TITLE XXXVIIIBANKS AND BANKING Ch.655-667
TITLE XXXIX COMMERCIAL RELATIONS Ch.668-688
TITLE XL REAL AND PERSONAL PROPERTY Ch.689-723
TITLE XLI STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL Ch.725-727
ASSIGNMENTS
TITLE XLII ESTATES AND TRUSTS Ch.731-739
TITLE XLIII DOMESTIC RELATIONS Ch.741-753
TITLE XLIV CIVIL RIGHTS Ch.760-765
TITLE XLV TORTS Ch.766-774
TITLE XLVI CRIMES Ch.775-896
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS Ch.900-985
TITLE XLVIII K-20 EDUCATION CODE Ch.1000-1013

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Select Year: 2007 Go

The 2007 Florida Statutes

Title VI Chapter 74 View Entire


CIVIL PRACTICE AND PROCEEDINGS SUPPLEMENTAL TO EMINENT Chapter
PROCEDURE DOMAIN

CHAPTER 74

PROCEEDINGS SUPPLEMENTAL TO EMINENT DOMAIN

74.011 Scope.

74.021 Rights under this chapter; additional.

74.031 Declaration of taking; contents.

74.041 Process; service and publication.

74.051 Hearing on order of taking.

74.061 Vesting of title or interest sought.

74.071 Paying over funds in court.

74.081 Proceedings as evidence.

74.091 Effect of failure to pay final judgment.

74.101 Rights of housing authority after taking.

74.111 Drainage districts and housing authorities.

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JUDICIAL GANG RAPE
What do
“frivolity” & “f……”
have in common ?

Find out on
June 22, 2010
10 : 00 anal. mission.
Beyond Perverted
“O.R. 569/875”
Court Case No. Filed NOS Closed
Name
1 BUSSE, JORG flmdce 2:2009cv00041 01/23/2009 890 02/11/2009
2 BUSSE, JORG flmdce 2:2010cv00089 02/09/2010 440
3 BUSSE, JORG flmdce 2:2007cv00228 04/10/2007 440 05/06/2008
4 BUSSE, JORG flmdce 2:2009cv00341 05/26/2009 440 06/04/2009
5 BUSSE, JORG flmdce 2:2008cv00364 05/07/2008 440 07/25/2008
6 BUSSE, JORG flmdce 2:2009cv00602 09/11/2009 440 11/05/2009
7 BUSSE, JORG flmdce 2:2009cv00791 12/04/2009 440
8 BUSSE, JORG flmdce 2:2008cv00899 12/05/2008 440 02/04/2009

5
TRANSCRIPT OF 11/17/2009 ROGER ALEJO PERJURY

PLAINTIFFS-PETITIONERS DR. BUSSE & FRANKLIN PRESCOTT:


[VAB RECORD: 1:05:23 – 1:05:33; YOU TUBE: 1:54 - 2:04]
“Is our riparian Gulf-front land parcel, ending on 015A [Parcel # 12-44-20-
01-00015.015A] bounded by the natural boundary of the Gulf of Mexico?
YES or NO?”

Defendant Special Magistrate LORI L. RUTLAND:


[VAB RECORD: 1:05:34 – 1:05:42; YOU TUBE: 2:05 – 2:12]
“Mr. Alejo, does the property have the Gulf of Mexico next to it? Is it right up
next to the Gulf of Mexico?”

Defendant ROGER ALEJO:


[VAB RECORD: 1:05:42 – 1:05:43; YOU TUBE: 2:13 – 2:15]
“YES, Ma’am.”

ROGER ALEJO’S PERJURY & FRAUD ON YOU TUBE

http://www.youtube.com/watch?v=OYp-Mb242D0
5/29/2010 Electronic Case Filing | U.S. District Co…
U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:09-cv-00791-CEH-SPC

Prescott et al v. Alejo et al Date Filed: 12/04/2009


Assigned to: Judge Charlene E. Honeywell Jury Demand: Plaintiff
Referred to: Magistrate Judge Sheri Polster Chappell Nature of Suit: 440 Civil Rights: Other
Case in other court: 09-16203-H Jurisdiction: Federal Question
09-16205-H
09-16206H
09-16207-H
09-16208-H
10-10645-F
10-11628-D
10-11629-D
10-11630-D
10-11631-D
10-11632-D
10-11633-D
10-11634-D
10-12134-H
Florida Southern, 9:09-cv-82359
Cause: 28:1331 Fed. Question

Date Filed # Docket Text


12/01/2009 1 COMPLAINT against A. Brian Albritton, Roger Alejo, Peterson Bernard, Brian
Bigelow, Steven Carta, Roger Desjarlais, Sean P. Flynn, Tom Gilbertson, Charlie
Green, Tammy Hall, Karen B. Hawes, Hugh D. Hayes, Bob Janes, Johnson
Engineering, Inc., Ray Judah, Chad Lach, Lee County Florida, Lee County Value
Adjustment Board, Frank Mann, William M. Martin, Jack N. Peterson, Cynthia A.
Pivacek, Skip Quillen, David P. Rhodes, Reagan Kathleen Russell, Lori L. Rutland,
Mike Scott, Gerald D. Siebens, State of Florida Attorney General, State of Florida,
Board of Trustees of the Internal Improvement Trust Fund, State of Florida, Department
of Environmental, E. Kenneth Stegeby, Charles "Barry&quo Stevens, United States
Attorney(s), Kenneth M. Wilkinson., filed by Jennifer Franklin Prescott.(lh) [Transferred
from flsd on 12/4/2009.] (Entered: 12/02/2009)
12/01/2009 2 Filing fee: For new case $ 350.00, receipt number 726644 (lh) [Transferred from flsd
on 12/4/2009.] (Entered: 12/02/2009)
12/04/2009 3 ORDER Transferring and Closing Case. The Clerk of the Court is hereby directed to
CLOSE this case. Signed by Senior Judge Kenneth L. Ryskamp on 12/3/2009. (asl)
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 1/19
Honey well if you can’t prove title
just pay me

Judge Charlene E. Honeywell


6/16/2010 Official site of the U.S. District Court f…

This is Google's cache of http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgHoneywell.htm. It is


a snapshot of the page as it appeared on May 24, 2010 07:27:49 GMT. The current page
could have changed in the meantime. Learn more

These search terms are highlighted: charlene edwards honeywell Text-only version

The Honorable Charlene Edwards Honeywell Jacksonville Judges


United States District Judge Orlando Judges

Ft. Myers Division Ocala Judges

TEL: 239-461-2170 Tampa Judges


FAX: 239-461-2179
Ft. Myers Judges
Biography:
All Judges

Charlene Edwards Honeywell is a United States District Judge


for the Middle District of Florida. She was appointed by President
Obama in November 2009. Prior to that appointment, Judge Federal Court Judges Practice
Honeywell served as a Circuit Court Judge for the Thirteenth Guide
Judicial Circuit, Tampa, Florida. She was appointed to that
position by Governor Jeb Bush in 2000.

Judge Honeywell graduated from Howard University, cum laude, in


May 1979 and from the University of Florida's Levin College of
Law in 1981. From 1982 to 1985, she served in the Tallahassee
Public Defender's Office, first, as an appellate attorney and then
as a trial attorney. Judge Honeywell then spent two years as an
assistant public defender in the Tampa Public Defender's office.
From 1987 to 1994, she worked as an Assistant City Attorney for
the City of Tampa, where she was the chief of the litigation
department. Judge Honeywell also spent six years as a litigation
attorney and shareholder at the Tampa law firm Hill, Ward &
Henderson. In 1994, Judge Honeywell served as a County Court
Judge for the Thirteenth Judicial Circuit in Florida.

Chambers Staff:

Bettye G. Samuel Nefertari S. Rigsby Michael A.


Judicial Assistant Law Clerk Pusateri
239-461-2170 239-461-2173 Law Clerk
Odd Numbered Cases 239-461-2174
Even Numbered Cases

Joy Stancel Libby Figgers


Court Reporter Courtroom Deputy
239-461-2064 239-461-2005

…googleusercontent.com/search?q=ca… 1/2
COURTROOM 6-B

NO TITLE NEEDED …
JUST PAY JUDGE AT THE DOOR
“PRE-FILING INVASION”:
Just follow the “Local Rules” …

and stick your “piece of property” …


Fed. R. Civ. P. 11 (c) (3)
The Honey way …

Don’t you ever complain again …


CERTIFIED DELIVERY

EMERGENCY MOTION FOR EQUAL COURT ACCESS

7. Again, the Plaintiffs move for equal court access in this electronic Court. For the criminal

purpose of extending and concealing Governmental fraud and extortion scheme O.R. 569/875”,

this Court has obstructed the pro se Plaintiffs’ electronic Court access. Here, electronic court

access is the only practical court access from remote parts of the world where mail is

unavailable.

JUDICIAL CRIMES & OBSTRUCTION OF JUSTICE

8. In Doc. # 338, p. 12, Civil Rights Case # 2:07-cv-228-FtM-JES-SPC, Defendant crooked Judge

John Edwin Steele expressly verbalized his obstruction of justice and prejudice:

“The copy of the Resolution attached to the Third Amended Complaint establishes
that it was signed, executed, and duly recorded in the public records, and plaintiff
will not be allowed to assert otherwise.”

3
Honey SHOW CAUSE!
What “resolution”?
What “condemnation”?
2:09-cv-00791-CEH-SPC

“O.R. 569/875”
UP YOUR ASS …
WATER BOARDING
The Honey way
TERROR & TORTURE TOOLS

Shut up about Government corruption!

Sanctions instead of Justice


Honey well I will make sure they
they shut up about U.S. corruption

Judge Charlene E. Honeywell


No more Judicial corruption complaints!

SHOW CAUSE why this Court


Should not Shut you Up!
HONEYWELL’S COURT HOUSE OF

Terror
Sanctions
“Frivolity”
Punishment
“Vexatiousness”

SHOW CAUSE why this Court


Should not Shut you Up!
HONEYWELL “SANCTIONS”
DUCT TAPE OF TERROR
JUDICIAL DUCT TAPE

DOC. # 186
DOC. # 338

VEXATIOUS

SILENCING PLAINTIFFS
FEAR FOR YOUR LIFE
U.S. PUNISHMENT & ‘SANCTIONS’

U.S. COVER-UP OF SCAM O.R. 569/875:

U.S. JUDICIAL CASE FIXING:


DEPRIVE – DEFRAUD – DENY
DISALLOW – DISMISS

U.S. JUDICIAL FRIVOLITY SCAM


6/18/2010 Federal Rules of Civil Procedure - Rule…

Search Law School Search Cornell

LII / Lega l Inform a tion Institute


hom e se arch find a la wyer dona te

Federal Rules of Civil Procedure


m a in page se arch | civil procedure overvie w

III. PLEA DINGS A ND MOTIONS > Rule 11. Prev | Next

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

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cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by
Legal Studies existing law or by a nonfrivolous argument for extending, modifying, or
Brown Mackie reversing existing law or for establishing new law;
College - Get Info
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(4) the denials of factual contentions are warranted on the evidence or, if
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expertise.
www.InternationalArbitra (1) In General.

If, after notice and a reasonable opportunity to respond, the court


determines that Rule 11(b) has been violated, the court may impose an
appropriate sanction on any attorney, law firm, or party that violated the
rule or is responsible for the violation. Absent exceptional circumstances, a
law firm must be held jointly responsible for a violation committed by its
partner, associate, or employee.

(2) Motion for Sanctions.

A motion for sanctions must be made separately from any other motion and
must describe the specific conduct that allegedly violates Rule 11(b). The
motion must be served under Rule 5, but it must not be filed or be presented
to the court if the challenged paper, claim, defense, contention, or denial is
withdrawn or appropriately correc ted within 21 days after service or within
another time the court sets. If warranted, the court may award to the
prevailing party the reasonable expenses, inc luding attorney's fees, incurred
for the motion.

www.law.cornell.edu/…/Rule11.htm 1/2
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(3) On the Court's Initiative.

On its own, the court may order an attorney, law firm, or party to show
cause why conduct specifically desc ribed in the order has not violated Rule
11(b).

(4) Nature of a Sanction.

A sanction imposed under this rule must be limited to what suffices to deter
repetition of the conduct or comparable conduct by others similarly situated.
The sanc tion may include nonmonetary directives; an order to pay a penalty
into court; or, if imposed on motion and warranted for effective deterrence,
an order directing payment to the movant of part or all of the reasonable
attorney's fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions.

The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3)
before voluntary dismissal or settlement of the claims made by or against
the party that is, or whose attorneys are, to be sanctioned.

(6) Requirements for an Order.

An order imposing a sanction must describe the sanctioned conduct and


explain the basis for the sanction.

(d) Inapplicability to Discovery.


This rule does not apply to disclosures and discovery requests, responses,
objections, and motions under Rules 26 through 37.

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6/18/2010 FindACase™ | Prescott v. Alejo

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Prescott v. Alejo

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Docket Number available at www.versuslaw.com


Citation Number available at www.versuslaw.com

March 25, 2010

JENNIFER FRANKLIN PRESCOTT; JORG BUSSE, PLAINTIFFS,


v.
ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER DESJARLAIS; LEE COUNTY FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND; STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL, PROTECTION; CHAD LACH; REAGAN
KATHLEEN RUSSELL; KAREN B. HAWES; CHARLIE GREEN; BOB JANES; BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK
MANN; UNITED STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P. RHODES; A. BRIAN ALBRITTON;
CYNTHIA A. PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD D. SIEBENS;
STATE OF FLORIDA ATTORNEY GENERAL; WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM GILBERTSON;
CHARLES BARRY STEVENS, DEFENDANTS.

ORDER

This matter comes before the Court on the Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's
(USAO Defendants) Motion to Strike Plaintiffs' Notices (Doc. # 74, 75, and 76) and for an Award of Monetary Sanctions (Doc. #80)
filed on March 9, 2010.

Federal Rule of Civil Procedure 12(f) provides that the Court may order "any insufficient defense or any redundant, immaterial,
impertinent, or scandalous matter" be stricken from a pleading. Harvey v. Home Depot U.S.A., Inc., 2005 WL 1421170 (M.D. Fla. June
17, 2005). In evaluating a motion to strike, the court must treat all well pleaded facts as admitted and cannot consider matters
beyond the pleadings. Microsoft Corp. v. Jesse's Computers & Repair, Inc., 211 F.R.D. 681, 683 (M.D. Fla. 2002). A motion to strike
will usually be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the
parties. Harvey, 2005 WL 1421170 (citing Scelta v. Delicatessen Support Services, Inc., 57 F. Supp. 2d 1327, 1347 (M.D. Fla. 1997).

The UASO Defendants move to strike the Plaintiff's Motion for Judicial Notice of Appeal and Notice of Publications of Defendants'
Fraud (Doc.# 74), Motion for Judicial Notice of Defendants' Fraud upon the Court and Notice of Publications of Defendants' Fraud
(Doc. # 75), and Motion for Relief from Defendants' Fraud upon the Court and Notice of Publications of Defendants' Fraud (Doc. #
76), all filed on March 8, 2010, as an immaterial, impertinent and scandalous matter. The USAO Defendants further request the court
exercise its inherent authority to award sanctions against Plaintiffs Prescott and Busse.

As grounds, the USAO Defendants state that all three Motions contain irrelevant, scandalous material, and that the Plaintiffs are
merely using this case to harass any individual that has opposed them in their previous lawsuits. As an example, the Plaintiff
referred to AUSA Jennifer Corinis as "Jennifer Whore Corinis." (Doc. # 75 ¶ 15). The Plaintiff continually asserts that Judges in the
Middle District of Florida are corrupt and have participated in a conspiracy against him. The allegations appear to be based solely on
the fact that the Plaintiff received adverse rulings from judges in the Middle District of Florida and from the Eleventh Circuit. A review
of the Plaintiff's filings demonstrate that the Plaintiff's Motions are immaterial and scandalous, and do not present legal arguments
for the Court's review. Therefore, the Court finds good cause to strike the Motions.

The USAO Defendants also move the Court to impose sanctions, under Rule 11, on the Plaintiffs for bringing the Motions. The
purpose of Rule 11 sanctions is to reduce frivolous claims defenses, or motions and to deter costly meritless maneuvers.
Massengale v. Ray, 267 F.3d 1298, 1302 (11th Cir. 2001). Rule 11 requires district courts to impose appropriate sanctions, after
notice and a reasonable opportunity to respond where an attorney or party submits a pleading to the court that: (1) is not well-
grounded in fact and therefore has no reasonable factual basis; (2) is not legally tenable; or (3) is submitted in bad faith for an
improper purpose. Ricccard v. Prudential Insurance Company, 307 F.3d 1277, 1294 (11th Cir. 2002) (citing Fed. R. Civ. P. 11(b)).

The USAO Defendant's Rule 11 Motion is due to be denied for failure to comply with the Rule's requirements. First, a motion for Rule
11 sanctions must be filed separately from other motions or requests. Nicarry v. Cannaday, 2006 WL 3931449 * 3 (M.D. Fla.
December 7, 2006). Further, the motion must be served in accordance with Rule 5, but should not be presented to the court until

…findacase.com/…/wfrmDocViewer.aspx 1/2
6/18/2010 FindACase™ | Prescott v. Alejo
after opposing counsel has been given a twenty-one (21) day "safe harbor" period in which to correct or withdraw the offending
document. Id.(citing DeShiro v. Branch, 183 F.R.D. 281 (M.D.Fla.1998) (explaining in detail the "safe harbor" period). Here, the USAO
Defendant's included the Rule 11 Motion with their Motion to Strike and they fail to comply with the "safety harbor" provision. Thus
the Motion for Rule 11 Sanctions is due to be denied at this time. However, the Court cautions the Plaintiffs that future filings
containing immaterial and scandalous matters may result in sanctions being imposed.

Accordingly, it is now

ORDERED:

The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's (USAO Defendants) Motion to Strike
Plaintiffs' Notices (Doc. # 74, 75, and 76) and for an Award of Monetary Sanctions (Doc. #80) is GRANTED in part and DENIED in part.

(1) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's (USAO Defendants) Motion to
Strike Plaintiffs' Notices is GRANTED. The Clerk of the Court is hereby directed to STRIKE (Docs. # 74, 75, and 76).

(2) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's (USAO Defendants) Motion for Rule
11 Sanctions is DENIED.

DONE AND ORDERED at Fort Myers, Florida, this 25th day of March, 2010.

20100325

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FEAR FOR YOUR LIFE
SECRETS OF U.S. JUDICIAL TERROR

SECRET 1: Judicial bribery & corruption are customary and TYPICAL.

SECRET 2: U.S. democracy is DEAD. Don’t be a naïve sheep!

SECRET 3: Any faith in U.S. justice is your foe. There is NONE, so deal with it!

SECRET 4: Facts, law, reason, logic CANNOT possibly stop the judicial case fixing machine.

SECRET 5: Lawyers play along to get along – Don’t waste your money & time!

SECRET 6: The Mafia is cute compared to the U.S. judicial gang. They even wear colors.

SECRET 7: Expect terror & threats as if you were in Nazi Germany. Watch for the smell of gas!

SECRET 8: Trained for terror, only the most corrupt judges succeed on America’s benches.

SECRET 9: NOTHING favorable will ever happen in your case – Face reality & STOP being a fool!

SECRET 10: By agreement, pro se Plaintiffs will NEVER win any important or critical case.

SECRET 11: America is NOT what you have been brain washed to believe: Spell CORRUPTION!

SECRET 12: Do NOT appear in court or party with the Mafia. Plain and short, it could be unhealthy.

SECRET 13: Property, life, and freedom mean LESS in America than in China. Go travel and see!

SECRET 14: Before you disappear, leave lots of information. Someone might read it. Good luck!

God bless America, Anarchy, BP, Corruption, and


Judge Charlene Edwards Honeywell.
Charlene Edwards Honeywell
6/17/2010 Justia :: 24 C.F.R. § 203.385 Types o…

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Justia> Law > United States> Code of Federal Regulations> Title
24 - Housing and Urban Development> CHAPTER II--OFFICE OF Search Justia
ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING
COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT> PART 203--SINGLE FAMILY MORTGAGE INSURANCE > § 203.385 Types of
satisfactory title evidence.

24 C.F.R. § 203.385 Types of satisfactory title evidence.


Title 24 - Housing and Urban Development

Title 24: Housing and Urban Development


PART 203—SINGLE FAMILY MORTGAGE INSURANCE
Subpart B—Contract Rights and Obligations
Property Title Transfers and Title Waivers

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§ 203.385 Types of satisfactory title evidence.

The following types of title evidence shall be satisfactory to the Commissioner:

(a) Fee or owner's title policy. A fee or owner's policy of title insurance, a guaranty or guarantee of title, or a certificate of title, issued
by a title company, duly authorized by law and qualified by experience to issue such instruments. If an owner's policy of title
insurance is furnished, it shall show title in the Commissioner and inure to the benefit of his successors in office.

(b) Mortgagee's policy of title insurance. A mortgagee's policy of title insurance supplemented by an Abstract and an Attorney's
Certificate of Title covering the period subsequent to the date of the mortgage, the terms of the policy shall be such that the liability of
the title company will continue in favor of the Commissioner after title is conveyed to him. The policy may be drawn in favor of the
mortgagee and the Federal Housing Commissioner, “as their interests may appear”, with the consent of the title company endorsed
thereon;

(c) Abstract and legal opinion. An abstract of title prepared by an abstract company or individual engaged in the business of preparing
abstracts of title and accompanied by the legal opinion as to the quality of such title signed by an attorney at law experienced in
examination of titles. If title evidence consists of an Abstract and an Attorney's Certificate of Title, the search shall extend for at least
forty years prior to the date of the Certificate to a well recognized source of good title;

(d) Torrens of similar certificate. A Torrens or similar title certificate; or

(e) Title standard of U.S. or State government. Evidence of title conforming to the standards of a supervising branch of the
Government of the United States or of any State or Territory thereof.

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…justia.com/…/24-2.1.1.2.4.2.107.70.… 1/1
Case 2:09-cv-00791-CEH-SPC Document 186 Filed 06/07/10 Page 1 of 2

UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT and


DR. JORGE BUSSE,

Plaintiffs,

v. CASE NO. 2:09-cv-791-FTM-36-SPC

ROGER ALEJO, et al,

Defendants.
/

ORDER

On March 31, 2010, the Court directed Plaintiffs to SHOW CAUSE as to why this Court

should not impose sanctions against them pursuant to Fed. R. Civ. P. 11 (c) (3) (Doc. 126). Plaintiffs

have not directly responded to the Order To Show Cause. Instead, Plaintiffs filed a Notice of

Appeal as to the Order To Show Cause (Docs. 130, 131 and 132). On May 13, 2010, the United

States Court of Appeals, Eleventh Circuit, dismissed Plaintiffs' appeal for want of prosecution (Doc.

178). Plaintiffs have continued to file motions and pleadings in violation of the Local Rules of this

Court and prior Orders of this Court.1 Accordingly, it is

ORDERED:

1
On February 9, 2010, Plaintiffs filed yet another lawsuit regarding the dispute over a
particular piece of property in Lee County, Florida. This lawsuit names, among others, Eleventh
Circuit Court Judges, District Judges, and the Governor of Florida.
Case 2:09-cv-00791-CEH-SPC Document 186 Filed 06/07/10 Page 2 of 2

1. The Plaintiffs are directed to appear before this Court on June 22, 2010 at 10:00 a.m.

in Courtroom 6-B, United States Courthouse and Federal Building, 2110 First Street, Fort Myers,

Florida.

2. At this hearing, the Plaintiffs are to show cause why they should not be sanctioned

for violating Local Rules of this Court and prior Orders of this Court as set forth in the Order To

Show Cause entered on March 31, 2010.

3. The Court will also hear argument on the USAO Defendants' Motion for Pre-filing

Injunction, Monetary Sanctions, And Dismissal With Prejudice (Doc. 149).

DONE AND ORDERED at Ft. Myers, Florida, on June 7, 2010.

COPIES TO:
COUNSEL OF RECORD AND UNREPRESENTED PARTIES, IF ANY

-2-
JUDICIAL GANG RAPE
ON JUNE 22, 2010
DOC. # 186
Honey well let’s gang sodomize the
Plaintiff rape victims as
“vexatious” …
ORDER to SHOW CAUSE why this Court
should not gang rape the Plaintiffs

Honey well if you can’t prove title


just pay me and I’ll fix it …

JUNE 22 SHOW OF
GOVERNMENT CORRUPTION
Jennifer Franklin Prescott, Judicial Crime Victim
Dr. Jorg Busse, Governmental Crime Victim
http://www.scribd.com/JUDICIAL%20FRAUD

CERTIFIED FACSIMILE TO 239-461-2179


UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHAMBERS
Charlene Edwards Honeywell, U.S. District Judge
Bettye G. Samuel, Judicial Assistant
Libby Figgers, Courtroom Deputy

RE: NOTICE OF JUDICIAL CORRUPTION, CONCEALMENT, FRAUD ON COURT


BRIBERY OF CROOKED JUDGE SHERI POLSTER CHAPPELL

Fraudulent Pretenses of “Lee County” “title” to Fake “parcels”:


Facially Forged “parcel” “12-44-20-01-00000.00A0”;
Facially Forged “parcel” “07-44-21-01-00001.0000”;
Facially Fraudulent “legal description”: “… all accretions”;
Criminal Governmental Concealment of Record Lack of any County title/ownership;
Fraud by Defendant Lee County Property Appraiser Kenneth M. Wilkinson;
Criminal Concealment of Def. Wilkinson’s Crimes by Def. Attorney Jack N. Peterson

CC: Federal Bureau of Investigation


Florida Department of Law Enforcement
U.S. Department of Justice
Florida Bar
6/16/2010 Lee County Property Appraiser - Onlin…

L EE COUNTY P ROPERTY A PPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00000.00A0


T AX YEAR 2009

Parcel data is available for the following tax years:


[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel | Tax Estimator ]

OWNERSHIP , LEGAL, S ALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE . LAND, BUILDING, VALUE AND E XEMPTION DATA ARE FROM THE 2009 ROLL.

PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]


LEE COUNTY
PO BOX 398
FORT MYERS FL 33902
SITE ADDRESS
GOVT LOT
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA PB 3 PG 25
ALL UNNUMBERED AND
ACCRETED LANDS

[ PICTOMETRY AERIAL VIEWER ]

TAXING DISTRICT DOR CODE


050 - COUNTY / NO FIRE DISTRICT 86 - COUNTIES - OTHER

PROPERTY VALUES (TAX ROLL


EXEMPTIONS ATTRIBUTES
2009)
[H ISTORY CHART ] HOMESTEAD 0 LAND UNITS OF
AC
JUST 1,074,100 WIDOW 0 MEASURE
ASSESSED 1,074,100 WIDOWER 0 TOTAL NUMBER OF
107.41
ASSESSED SOH 1,074,100 0 LAND UNITS
DISABILITY
TAXABLE 0 FRONTAGE 0
WHOLLY 1,074,100
BUILDING 0 DEPTH 0
AGRICULTURE 0
BUILDING INCL. IN BLDG
BEDROOMS
0 VALUE.
FEATURES BATHROOMS
leepa.org/Display/DisplayParcel.aspx?… 1/3
6/16/2010 Lee County Property Appraiser - Onlin…

LAND 1,074,100 TOTAL BUILDING SQFT


LAND INCL. IN LAND 1ST YEAR BUILDING ON
0 VALUE.
0
FEATURES TAX ROLL
SOH DIFFERENCE 0 HISTORIC DISTRICT NO

SALES/TRANSACTIONS
SALE OR TRANSACTION DETAILS VACANT /
DATE VERIFIER
PRICE NUMBER TYPE DESCRIPTION IMPROVED
100 12/1/1969 569/875 Add 01 Disqualified (Doc Stamp .70 / SP less th V
$100 / Other Disq)
There are 1 additional parcel(s) with this document
(may have been split after the transaction date)...
07-44-21-01-00001.0000

SOLID WASTE (GARBAGE) ROLL DATA


SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
C OLLECTION DAYS

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM LOOK-UP)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
TS 125124 0192 F 8/28/2008
Please contact Lee County DCD at 239-533-8597 option 4 to verify your flood zone status.

[ Show ] APPRAISAL DETAILS

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number ]

[ New Query | Parcel Queries Page | Lee PA Home ]

leepa.org/Display/DisplayParcel.aspx?… 2/3
6/17/2010 FindACase™ | Prescott v. Alejo

Nam e of Court: State:


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Prescott v. Alejo

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Docket Number available at www.versuslaw.com


Citation Number available at www.versuslaw.com

March 25, 2010

JENNIFER FRANKLIN PRESCOTT; JORG BUSSE, PLAINTIFFS,


v.
ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER DESJARLAIS; LEE COUNTY FLORIDA; LEE COUNTY
VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND; STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL, PROTECTION; CHAD LACH; REAGAN
KATHLEEN RUSSELL; KAREN B. HAWES; CHARLIE GREEN; BOB JANES; BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK
MANN; UNITED STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P. RHODES; A. BRIAN ALBRITTON;
CYNTHIA A. PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD D. SIEBENS;
STATE OF FLORIDA ATTORNEY GENERAL; WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM GILBERTSON;
CHARLES BARRY STEVENS, DEFENDANTS.

ORDER

This matter comes before the Court on the Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's
(USAO Defendants) Motion to Strike Plaintiffs' Notices (Doc. # 74, 75, and 76) and for an Award of Monetary Sanctions (Doc. #80)
filed on March 9, 2010.

Federal Rule of Civil Procedure 12(f) provides that the Court may order "any insufficient defense or any redundant, immaterial,
impertinent, or scandalous matter" be stricken from a pleading. Harvey v. Home Depot U.S.A., Inc., 2005 WL 1421170 (M.D. Fla. June
17, 2005). In evaluating a motion to strike, the court must treat all well pleaded facts as admitted and cannot consider matters
beyond the pleadings. Microsoft Corp. v. Jesse's Computers & Repair, Inc., 211 F.R.D. 681, 683 (M.D. Fla. 2002). A motion to strike
will usually be denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the
parties. Harvey, 2005 WL 1421170 (citing Scelta v. Delicatessen Support Services, Inc., 57 F. Supp. 2d 1327, 1347 (M.D. Fla. 1997).

The UASO Defendants move to strike the Plaintiff's Motion for Judicial Notice of Appeal and Notice of Publications of Defendants'
Fraud (Doc.# 74), Motion for Judicial Notice of Defendants' Fraud upon the Court and Notice of Publications of Defendants' Fraud
(Doc. # 75), and Motion for Relief from Defendants' Fraud upon the Court and Notice of Publications of Defendants' Fraud (Doc. #
76), all filed on March 8, 2010, as an immaterial, impertinent and scandalous matter. The USAO Defendants further request the court
exercise its inherent authority to award sanctions against Plaintiffs Prescott and Busse.

As grounds, the USAO Defendants state that all three Motions contain irrelevant, scandalous material, and that the Plaintiffs are
merely using this case to harass any individual that has opposed them in their previous lawsuits. As an example, the Plaintiff
referred to AUSA Jennifer Corinis as "Jennifer Whore Corinis." (Doc. # 75 ¶ 15). The Plaintiff continually asserts that Judges in the
Middle District of Florida are corrupt and have participated in a conspiracy against him. The allegations appear to be based solely on
the fact that the Plaintiff received adverse rulings from judges in the Middle District of Florida and from the Eleventh Circuit. A review
of the Plaintiff's filings demonstrate that the Plaintiff's Motions are immaterial and scandalous, and do not present legal arguments
for the Court's review. Therefore, the Court finds good cause to strike the Motions.

The USAO Defendants also move the Court to impose sanctions, under Rule 11, on the Plaintiffs for bringing the Motions. The
purpose of Rule 11 sanctions is to reduce frivolous claims defenses, or motions and to deter costly meritless maneuvers.
Massengale v. Ray, 267 F.3d 1298, 1302 (11th Cir. 2001). Rule 11 requires district courts to impose appropriate sanctions, after
notice and a reasonable opportunity to respond where an attorney or party submits a pleading to the court that: (1) is not well-
grounded in fact and therefore has no reasonable factual basis; (2) is not legally tenable; or (3) is submitted in bad faith for an
improper purpose. Ricccard v. Prudential Insurance Company, 307 F.3d 1277, 1294 (11th Cir. 2002) (citing Fed. R. Civ. P. 11(b)).

The USAO Defendant's Rule 11 Motion is due to be denied for failure to comply with the Rule's requirements. First, a motion for Rule
11 sanctions must be filed separately from other motions or requests. Nicarry v. Cannaday, 2006 WL 3931449 * 3 (M.D. Fla.
December 7, 2006). Further, the motion must be served in accordance with Rule 5, but should not be presented to the court until

…findacase.com/…/wfrmDocViewer.aspx 1/2
6/17/2010 FindACase™ | Prescott v. Alejo
after opposing counsel has been given a twenty-one (21) day "safe harbor" period in which to correct or withdraw the offending
document. Id.(citing DeShiro v. Branch, 183 F.R.D. 281 (M.D.Fla.1998) (explaining in detail the "safe harbor" period). Here, the USAO
Defendant's included the Rule 11 Motion with their Motion to Strike and they fail to comply with the "safety harbor" provision. Thus
the Motion for Rule 11 Sanctions is due to be denied at this time. However, the Court cautions the Plaintiffs that future filings
containing immaterial and scandalous matters may result in sanctions being imposed.

Accordingly, it is now

ORDERED:

The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's (USAO Defendants) Motion to Strike
Plaintiffs' Notices (Doc. # 74, 75, and 76) and for an Award of Monetary Sanctions (Doc. #80) is GRANTED in part and DENIED in part.

(1) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's (USAO Defendants) Motion to
Strike Plaintiffs' Notices is GRANTED. The Clerk of the Court is hereby directed to STRIKE (Docs. # 74, 75, and 76).

(2) The Defendants, A. Brian Albritton, David P. Rhodes, Sean P. Flynn, and E. Kenneth Stegeby's (USAO Defendants) Motion for Rule
11 Sanctions is DENIED.

DONE AND ORDERED at Fort Myers, Florida, this 25th day of March, 2010.

20100325

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6/17/2010 Lee County Property Appraiser - Onlin…

Tax Year 2009


Lee County Property Appraiser
Property Data for Parcel 07-44-21-01-00001.0000
Next Lower Parcel Number Next Higher

Parcel Number Tax Estimator Tax Bills Print

Property Details
Owner Of Record [ Viewer ] Tax Map [ Print ]
LEE COUNTY
PO BOX 398
FORT MYERS FL 33902

Site Address
CAYO COSTA
CAPTIVA FL 33924

Legal Description
ALL UN-NUMBERED + UN-
DESIGNATED LOTS IN CAYO
COSTA + LT K BLK 32

Classification / DOR Code


COUNTIES - OTHER / 86 [ Pictometry Aerial Viewer ]

Property Values (2009 Tax Roll) Exemptions Attributes

Homestead 0 Land Units of Measure AC


Just 91,700
Additional Homestead 0 Total Number of Land Units 9
Assessed 91,700
Widow 0 Frontage 0
Portability Applied 0
Widower 0 Depth 0
Assessed SOH 91,700
Disability 0 Total Number of Buildings 0
Taxable 0
Wholly 91,700 Total Bedrooms 0
Building 0
Senior 0 Total Bathrooms 0
Building Features 0 Incl. in bldg value
Agriculture 0 Total Buildings Sq Ft 0

Land 91,700 1st Year Building on Tax Roll 0

Land Features 0 Incl. in bldg value Historic District No

SOH Difference 0

Taxing Authorities

Sales / Transactions
Sale Price Date OR Number Verifier Type Description Vacant/Improved

Sales disqualified as a result of examination of the deed


5,000.00 11/01/1996 2761/690 Add 03 V
Disqualified (Interest Sales / Court Docs / Government)

Sales disqualified as a result of examination of the deed


100.00 12/01/1969 569/875 Add 01 V
Disqualified (Doc Stamp .70 / SP less th $100 / Other Disq)

Parcel Numbering History


Prior STRAP Renumber Reason Renumber Date

07-44-21-00-00001.0000 Split (From another Parcel)

07-44-21-01-00032.0000 Combined (With another parcel-Delete Occurs) 07/02/1997

Solid Waste (Garbage) Roll Data

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Storm Surge Category
Rate Code Community Panel Version Date

TS 125124 0211 F 8/28/2008

Appraisal Details

Land
Land Tracts
Use Code Use Code Description Number of Units Unit of Measure

8600 County Owned, Offices, Library, Government Bldg 9 Acres

TRIM (proposed tax) Notices are available for the following tax years
[ 2001 2002 2003 2004 2005 2006 2007 2008 2009 ]

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CERTIFIED DELIVERY

17
Advisory Legal Opinion - Municipalities, vacation of streets and roads Page 1 of 6

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Florida Attorney General


Advisory Legal Opinion
Number: AGO 78-125
Date: October 24, 1978
Subject: Municipalities, vacation of streets and roads

David B. Higginbottom
City Attorney
Frostproof

QUESTION:

Is a municipality authorized by law to require abutting landowners


who request vacation of a public street to prove a revesionary
interest in the property and pay for the proportionate costs of an
appraisal and for the proportionate appraised value of such property
interest as conditions to the vacation?

SUMMARY:

A municipality possesses no authority under the Municipal Home Rule


Powers Act to require property owners whose land abuts a dedicated
public street to 'prove a reversionary interest' or any other
property interest or property right in the streetbed prior to and as
a condition to the vacation of such street. The determination and
adjudication of property rights is a judicial function which may not
be exercised by the legislative branches of government; hence any
such exercise by a municipality does not constitute a lawful exercise
of a municipal governmental power for a municipal purpose. In
addition, while the vacation of streets in the public interest or
when the streets are no longer required for public use is a
legislative function which may be performed by a municipality, a
municipality possesses neither statutory nor constitutional authority
to exact payment for or otherwise interfere with the property rights
of landowners whose property abuts a public street as conditions to
or in exchange for the exercise of its power to vacate streets no
longer required for public use.

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Your letter advises that the Frostproof City Council has adopted a
'motion' which reads as follows:

[I]n the future a qualified appraiser [shall] be used by the city


to set the value of a street (to become property) when requested
for closure. The person or persons making the request would have
to bear the expense of the appraisal and proof of a reversionary
clause. They would be notified and bills [sic] for the appraised
property value before actual closing of the street could take
place. Payment to be made on date of actual closing.

Section 2(b), Art. VIII, State Const., provides in pertinent part:

Municipalities shall have governmental, corporate and proprietary


powers to enable them to conduct municipal government, perform
municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise
provided by law. (Emphasis supplied.)

Statutory implementation of the broad grant of home rule is provided


by Ch. 166, F. S., the Municipal Home Rule Powers Act. Section
166.051(1), F. S., of that act states in relevant part that
'municipalities . . . may exercise may power for municipal purposes,
except when expressly prohibited by law.' (Emphasis supplied.) Thus,
it is clear that the only limitation upon the exercise of power by a
municipality is that it must be exercised for a municipal purpose.
State v. City of Sunrise, 354 So.2d 1206, 1209 (Fla. 1977).

Although the phrase 'municipal purposes' is not defined by the


constitution, it is defined by s. 166.021(2), F. S., as 'any activity
or power which may be exercised by the state or its political
subdivisions.' But see City of Miami Beach v. Forte Towers, Inc., 305
So.2d 764, 765-769 (Fla. 1974) (Dekle, J., concurring), in which
Justice Dekle observed:

It is not the definition of municipal purposes found in . . . s.


166.021(2) that grants power to the municipality . . . but rather
the provision of . . . s. 166.021(1) which expressly empowers
municipalities to 'exercise any power for municipal purposes,
except when expressly prohibited by law.'

It is a fundamental principal in this state that the determination


and adjudication of property rights is a judicial function which
cannot be performed by the Legislature. Hillsborough County v.
Kensatt, 144 So. 393 (Fla. 1932); State Plant Board v. Smith, 110
So.2d 401 (Fla. 1959); Daniels v. State Road Dept., 170 So.2d 846
(Fla. 1964). Legislation which constitutes an invasion of the

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province of the judiciary is invalid. Thursby v. Stewart, 138 So. 742


(Fla. 1931); Simmons v. State, 36 So.2d 207 (Fla. 1948). Thus, while
the vacation of streets is a legislative function which may be
validly delegated to municipalities (see Sun Oil Company v. Gerstein,
206 So.2d 439, 440 (3 D.C.A. Fla., 1968), AGO 075-171), no
legislative body (whether state, county, or municipal) is authorized
to invade private property rights or require abutting property owners
to prove a reversionary or any other interest in real property as a
condition to the vacation of a public street. Accordingly, the action
taken by the Frostproof City Council does not constitute a municipal
purpose; and, therefore, it is outside the scope of municipal home
rule powers possessed by the municipality.

Moreover, under the general rule, the interest acquired in land by a


municipal corporation for street purposes is held in trust for the
benefit of all the public, regardless of whether the corporation owns
the fee or has merely an interest therein. Sun Oil Company v.
Gerstein, supra; 30 Am. Jur.2d Highways Streets and Bridges s. 159. A
municipality is empowered to vacate streets only when the vacation is
in the public interest or when the street is no longer required for
public use and convenience. 64 C.J.S. Municipal Corporations s. 1668.
Consequently, in AGO 078-118, I noted, as a caveat, with respect to
the vacation of county roads:

[I]f the general public is using the roads and streets in


question (including public service vehicles such as garbage
trucks, police, fire or emergency vehicles), then the county
should not close or vacate the roads or streets in question as
such vacation would be injurious to the public welfare or violate
individual property rights.

Applying these principles to your inquiry, it is clear that the


city council should not undertake to vacate any streets in the
absence of a determination that the general public would benefit
from the vacation or that such streets are no longer required for
the public use and convenience.

As to whether a municipality is authorized to exact charges or


payments from abutting landowners as a condition to or in
exchange for the vacation of a public street, it is necessary to
analyze the property interests possessed by the public and the
abutting or adjoining landowners in public streets.

Recently, in AGO's 078-63, 078-88, and 078-118, I examined the


elements and effect of the dedication of property for public use.
There are two basic requirements to the existence of a valid
dedication to the public. First, there must be a clearly
manifested intention by the owner of the property to dedicate it
to public use. Second, the public, through its authorized agents,
must clearly show its intent to accept the dedication. City of

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Miami v. Florida East Coast Railway Co., 84 So. 726 (Fla. 1920);
Roe v. Kendrick, 200 So. 394 (Fla. 1941). An offer of dedication
to the public may be accomplished by making and recording a plat
and selling lots with reference thereto. See, e.g., Florida East
Coast Railway Co. v. Worley, 38 So. 618 (Fla. 1905); Miami Beach
v. Undercliff Realty and Investment Co., 21 So.2d 783 (Fla.
1945); and see, s. 177.081, F. S.

However the dedication to the public is accomplished, it is clear


that such dedication does not have the effect of transferring
legal title from the grantor to the public. To the contrary, the
fee remains in the grantor (or his grantees) while the public
acquires only a right of easement in trust, so long as the
dedicated land is used for the intended purpose of the
dedication. Attorney General Opinion 078-118. Unless otherwise
specifically provided in the conveyance, the legal title of the
grantor in the dedicated property passes to the grantees of those
lots sold with reference to a plat, which lots abut the dedicated
streets. Their title extends to the center of the street subject
to the public easement. Walker v. Pollack, 74 So.2d 886 (Fla.
1954); Smith v. Horn, 70 So. 435 (Fla. 1915); New Fort Pierce
Hotel Co. v. Phoenix Tax Title Corp., 171 So. 525 (Fla. 1936);
United States v. 16.33 Acres of Land in County of Dade, 342 So.2d
476, 480 (Fla. 1977); cf. Emerald Equities v. Hutton, 357 So.2d
1071 (2 D.C.A. Fla., 1978). Therefore, a street in which the
public has only an easement when properly vacated ceases to be a
street; the abutting landowners continue to hold fee simple title
to the center of the vacated roadbed unencumbered by the
easement. Smith v. Horn, supra; Robbins v. White, 42 So. 841,
843-844 (Fla. 1907); AGO 078-118.

See also s. 177.081(1), F. S., providing that every plat of a


subdivision filed for record must contain a dedication by the
developer; s. 177.081(2), F. S., providing that all streets,
rights-of-way, and public areas shown on plats approved by the
affected local governments shall be deemed dedicated to the
public for the uses and purposes stated in such plat, unless
otherwise stated therein by the dedicator; s. 177.085(1), F. S.,
providing that when any landowner subdivides his land and
dedicates streets or roadways on the plat but reserves unto the
dedicator the reversionary interests in the dedicated streets or
roadways, and thereafter conveys abutting lots, such conveyance
carries with it the reversionary interest in the abutting street
to the center line, unless the landowner clearly provides
otherwise in the conveyance; and s. 177.085(2), F. S., providing
that prior holders of any interest in the reversionary rights in
the streets and roads in recorded plats of subdivided lots, other
than the owners of abutting lots, 'shall have 1 year from July 1,
1972, to institute suit . . . to establish or enforce the right,'
and that, if no such action is instituted within that time, any

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right, title, or interest and all right of reversion shall be


barred and unenforceable.

With regard to the instant inquiry, therefore, it is apparent


that the Frostproof City Council does not 'own' streets which
have been dedicated to public use. Cf. AGO 078-118 in which this
office concluded that a county was not authorized to convey or
transfer ownership and control of dedicated streets to a
'homeowners association' since the county possessed no legal
title in the property which it could convey or transfer. Under
such circumstances, there would appear to be no legal basis upon
which the city could require abutting fee owners to pay to secure
property interests which they already possess. See McQuillin
Municipal Corporations s. 30.189, at 123 (3rd rev. ed. 1977),
stating: 'A municipality is not entitled to compensation for loss
of a public easement in streets in which it does not own the
fee.' Accord: Lockwood & Strickland Co. v. City of Chicago, 117
N.E. 81, 82 (Ill. 1917), in which the court held, among other
things:

[I]t would be beyond the power of the city to grant or convey to


a private person or corporation the ground embraced in a vacated
street or alley. Whether a city owns the fee in an alley or
merely an easement, when it is vacated because no longer needed
for public use, the law disposes of the reversionary interest,
and the reversionary rights cannot be granted or conveyed by the
city. . . . Whether the alley was no longer needed for public
use, and whether the public interest would be subserved by its
vacation, could not be made to depend on how much the city could
get for its action. The legislative powers of a city must be
exercised for the public benefit, but that does not authorize a
municipality to sell or bargain legislation as a means of
obtaining revenue.

The State Constitution provides that all natural persons shall have
the inalienable right 'to acquire, possess and protect property . .
..' Section 2, Art. I, State Const. Additionally, s. 9, Art. I, State
Const., provides that no person 'shall be deprived of . . . property
without due process of law . . ..' Section 6, Art. X, State Const.,
states that '[n]o private property shall be taken except for a public
purpose and with full compensation therefor . . ..' Thus, the
acquisition, possession, enjoyment, use, and alienation of property
and property rights are controlled by constitutional law and the
common law. Moreover, the term 'property' for purposes of the above-
cited constitutional provisions includes more than the abutting
landowner's fee simple title. As stated in Seldon v. City of
Jacksonville, 10 So. 457, 459 (Fla. 1891):

There is incident to abutting property, or its ownership, even

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where the abutter's fee or title does not extend to the middle of
the street, but only to its boundary, certain property rights
which the public generally do not possess. They are the right of
egress and ingress from and to the lot by the way of the street,
and the right of light and air which the street affords. Viewing
property to be not the mere corporal subject of ownership, but as
being all the rights legally incidental to the ownership of such
subject, which rights are generally said to be those of user,
exclusion, and disposition, or the right to use, possess, and
dispose of, . . . we are satisfied that the rights just mentioned
are within the meaning of the word 'property,' as it is used in
this constitutional provision. [10 So. 457, 459 (1891)
(construing s. 12, Declar. Rts., State Const. 1885, in part a
predecessor of s. 6, Art. X, State Const.).]

See also Lutterloh v. Mayor and Council of Town of Cedar Keys, 15


Fla. 306, 308 (1875); City of Miami v. East Coast Ry. Co. , 84 So.
726, 729 (Fla. 1920); McCorquodale v. Keyton, 63 So.2d 906 (Fla.
1956); Monell v. Golfview Road Association, 359 So.2d 2 (4 D.C.A.
Fla., 1978).

Accordingly, it has been held that the rights of abutting or adjacent


purchasers depend on principles of law applicable to private property
rather than public dedication since these rights depend upon a
'private easement implied from sale with reference to a plat showing
streets [etc.]' rather than upon any dedication to the public
generally. Burnham v. Davis Islands, Inc., 87 So.2d 97, 100 (Fla.
1956). An abutting landowner may be entitled to compensation from a
public body when it vacates a public street for consequent loss of
access to such landowner's property on the theory that a property
right has been taken without compensation. See Pinellas County v.
Austin, 323 So.2d 6, 8 (2 D.C.A. Fla., 1975). If follows, then, that
the several property interests of abutting landowners are subject to
constitutional protection. Clearly the attempt by a municipality to
usurp private property rights or property interests or to barter or
sell such property rights as conditions to or in exchange for the
exercise of its legislative power to vacate streets no longer
required for public use, does not constitute a municipal purpose and
is outside the scope of municipal home rule powers.

Prepared by:

Patricia R. Gleason
Assistant Attorney General

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GOVERNMENTAL TRICKERY & DECEPTION:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT


________________________ FILED
U.S. COURT OF APPEALS
No. 08-14846 ELEVENTH CIRCUIT
APRIL 21, 2009
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK

D. C. Docket No. 08-00364-CV-FTM-29-SPC

JENNIFER FRANKLIN PRESCOTT,


JORG BUSSE,

Plaintiffs-Appellants-
Cross-Appellees,

versus

STATE OF FLORIDA,
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND,
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION,
DIVISION OF RECREATION AND PARKS,
HAROLD GEORGE VIELHAUER, et al.,

Defendants-Appellees,

KENNETH M. WILKINSON,

Defendant-Appellee-
Cross-Appellant.
________________________

Appeals from the United States District Court


for the Middle District of Florida
_________________________

(April 21, 2009)

Before BLACK, HULL and PRYOR, Circuit Judges.

PER CURIAM:

Jennifer Franklin Prescott and Jorg Busse (“the Appellants”), proceeding pro

se, appeal the district court’s: (1) dismissal without prejudice of their pro se civil

rights complaint for lack of subject matter jurisdiction and failure to state a claim

and (2) denial of their motion for the district court judge to recuse himself.

Appellee Ken Wilkinson cross-appeals the district court’s denial of his motion for

sanctions against the Appellants. After review, we affirm.

I. BACKGROUND

A. Current Action

The Appellants are owners of Lot 15A in the Cayo Costa subdivision in Lee

County, Florida. On May 5, 2008, the Appellants filed the present pro se

complaint against numerous state and county officials1 alleging that they had

1
The complaint named the following defendants (herein collectively “the Appellees”): (1)
the State of Florida Board of Trustees of the Internal Improvement Trust Fund; (2) the Florida
Department of Environmental Protection, Division of Recreation and Parks; (3) Lee County,
Florida; (4) the Board of Lee County Commissioners; (5) Jack N. Peterson, Lee County

2
violated the Appellants’ constitutional rights with respect to their Cayo Costa

property. Most of the allegations in the complaint concern the 1969 Lee County

Resolution 569/875, which claimed the undesignated areas on the east and west

side of the Cayo Costa subdivision plat and all accretions thereto as public land to

be used for public purposes. The Appellants’ Lot 15A is on the west side of the

Cayo Costa subdivision on the Gulf of Mexico and is adjacent to land that was

claimed through Resolution 569/875 to create the Cayo Costa State Park.

The Appellants’ complaint alleged that the Appellees: (1) passed an invalid

resolution that resulted in the unconstitutional taking of their land without just

compensation, the operation of a state park on their land, and the destruction of

their land through the failure to prevent fires on their property during a drought, all

in violation of the Takings and Due Process Clauses; (2) enacted Lee County

Resolution 569/875 without notice and a hearing in violation of the Due Process

Clause; and (3) treated certain individuals differently in violation of the Equal

Protection Clause. The Appellants alleged numerous bases for federal

jurisdiction.2 The complaint also alleged several state law violations, including

Attorneys Jack Peterson, Donna Marie Collins, and David Owen; (6) Lee County property
appraisers Kenneth M. Wilkinson and Sherri L. Johnson; and (7) Cayo Costa State Park
employees Reginald Norman, Harold Vielhauerin, Linda Funchess, Reagan Russell, and Tom
Beason.
2
The Appellants alleged that there was federal jurisdiction for their complaint under:
(1) 42 U.S.C. § 1983; (2) 28 U.S.C. §§ 1331 and 1343; (3) Articles III and IV of the U.S.

3
Although this issue is closer, we cannot say that the district court abused its

discretion in denying Appellee Wilkinson’s motion for sanctions. The district

court was intimately familiar with the Appellees’ claims in both complaints and

their conduct throughout the litigation and was thus in the best position to

determine whether Rule 11 sanctions were appropriate. We note that the district

court has now warned the Appellees that their conduct may warrant sanctions in

the future if continued.

III. CONCLUSION

Therefore, we affirm the district court’s orders dismissing the Appellants’

complaint, denying the Appellants’ motion for recusal, and denying the Appellees’

motion f or sanctions.

AFFIRMED.

12
6/16/2010 Statutes & Constitution :View Statutes…

Select Year: 2009 Go

The 2009 Florida Statutes

CHAPTER 712

MARKETABLE RECORD TITLES TO REAL PROPERTY

712.01 Definitions.

712.02 Marketable record title; suspension of applicability.

712.03 Exceptions to marketability.

712.04 Interests extinguished by marketable record title.

712.05 Effect of filing notice.

712.06 Contents of notice; recording and indexing.

712.07 Limitations of actions and recording acts.

712.08 Filing false claim.

712.09 Extension of 30-year period.

712.095 Notice required by July 1, 1983.

712.10 Law to be liberally construed.

712.11 Covenant revitalization.

712.01 Definitions.--As used in this law:

(1) The term "person" as used herein denotes singular or plural, natural or corporate, private or governmental,
including the state and any political subdivision or agency thereof as the context for the use thereof requires or
denotes and including any homeowners' association.

(2) "Root of title" means any title transaction purporting to create or transfer the estate claimed by any person
and which is the last title transaction to have been recorded at least 30 years prior to the time when
marketability is being determined. The effective date of the root of title is the date on which it was recorded.

(3) "Title transaction" means any recorded instrument or court proceeding which affects title to any estate or
interest in land and which describes the land sufficiently to identify its location and boundaries.

(4) The term "homeowners' association" means a homeowners' association as defined in s. 720.301, or an
association of parcel owners which is authorized to enforce use restrictions that are imposed on the parcels.

www.leg.state.fl.us/statutes/index.cfm… 1/6
6/16/2010 Statutes & Constitution :View Statutes…

(5) The term "parcel" means real property which is used for residential purposes that is subject to exclusive
ownership and which is subject to any covenant or restriction of a homeowners' association.

(6) The term "covenant or restriction" means any agreement or limitation contained in a document recorded in
the public records of the county in which a parcel is located which subjects the parcel to any use restriction which
may be enforced by a homeowners' association or which authorizes a homeowners' association to impose a
charge or assessment against the parcel or the owner of the parcel or which may be enforced by the Florida
Department of Environmental Protection pursuant to chapter 376 or chapter 403.

History .--s. 1, ch. 63-133; s. 11, ch. 65-420; s. 1, ch. 81-242; s. 1, ch. 97-202; s. 56, ch. 2000-258; s. 16, ch. 2000-317.

712.02 Marketable record title; suspension of applicability.--Any person having the legal capacity to own
land in this state, who, alone or together with her or his predecessors in title, has been vested with any estate
in land of record for 30 years or more, shall have a marketable record title to such estate in said land, which
shall be free and clear of all claims except the matters set forth as exceptions to marketability in s. 712.03. A
person shall have a marketable record title when the public records disclosed a record title transaction affecting
the title to the land which has been of record for not less than 30 years purporting to create such estate either
in:

(1) The person claiming such estate; or

(2) Some other person from whom, by one or more title transactions, such estate has passed to the person
claiming such estate, with nothing appearing of record, in either case, purporting to divest such claimant of the
estate claimed.

History .--s. 2, ch. 63-133; s. 1, ch. 85-83; s. 63, ch. 87-226; s. 797, ch. 97-102.

712.03 Exceptions to marketability.--Such marketable record title shall not affect or extinguish the following
rights:

(1) Estates or interests, easements and use restrictions disclosed by and defects inherent in the muniments of
title on which said estate is based beginning with the root of title; provided, however, that a general reference
in any of such muniments to easements, use restrictions or other interests created prior to the root of title shall
not be sufficient to preserve them unless specific identification by reference to book and page of record or by
name of recorded plat be made therein to a recorded title transaction which imposed, transferred or continued
such easement, use restrictions or other interests; subject, however, to the provisions of subsection (5).

(2) Estates, interests, claims, or charges, or any covenant or restriction, preserved by the filing of a proper
notice in accordance with the provisions hereof.

(3) Rights of any person in possession of the lands, so long as such person is in such possession.

(4) Estates, interests, claims, or charges arising out of a title transaction which has been recorded subsequent
to the effective date of the root of title.

(5) Recorded or unrecorded easements or rights, interest or servitude in the nature of easements, rights-of-way
and terminal facilities, including those of a public utility or of a governmental agency, so long as the same are
used and the use of any part thereof shall except from the operation hereof the right to the entire use thereof.
No notice need be filed in order to preserve the lien of any mortgage or deed of trust or any supplement thereto

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encumbering any such recorded or unrecorded easements, or rights, interest, or servitude in the nature of
easements, rights-of-way, and terminal facilities. However, nothing herein shall be construed as preserving to
the mortgagee or grantee of any such mortgage or deed of trust or any supplement thereto any greater rights
than the rights of the mortgagor or grantor.

(6) Rights of any person in whose name the land is assessed on the county tax rolls for such period of time as
the land is so assessed and which rights are preserved for a period of 3 years after the land is last assessed in
such person's name.

(7) State title to lands beneath navigable waters acquired by virtue of sovereignty.

(8) A restriction or covenant recorded pursuant to chapter 376 or chapter 403.

History .--s. 3, ch. 63-133; s. 12, ch. 65-420; s. 1, ch. 73-218; s. 1, ch. 78-288; s. 2, ch. 97-202; s. 17, ch. 2000-317.

712.04 Interests extinguished by marketable record title.--Subject to the matters stated in s. 712.03, such
marketable record title shall be free and clear of all estates, interests, claims, or charges whatsoever, the
existence of which depends upon any act, title transaction, event or omission that occurred prior to the
effective date of the root of title. All such estates, interests, claims, or charges, however denominated, whether
such estates, interests, claims, or charges are or appear to be held or asserted by a person sui juris or under a
disability, whether such person is within or without the state, whether such person is natural or corporate, or is
private or governmental, are hereby declared to be null and void, except that this chapter shall not be deemed to
affect any right, title, or interest of the United States, Florida, or any of its officers, boards, commissions, or
other agencies reserved in the patent or deed by which the United States, Florida, or any of its agencies parted
with title.

History .--s. 4, ch. 63-133; s. 1, ch. 65-280.

712.05 Effect of filing notice.--

(1) Any person claiming an interest in land or a homeowners' association desiring to preserve any covenant or
restriction may preserve and protect the same from extinguishment by the operation of this act by filing for
record, during the 30-year period immediately following the effective date of the root of title, a notice, in
writing, in accordance with the provisions hereof, which notice shall have the effect of so preserving such claim
of right or such covenant or restriction or portion of such covenant or restriction for a period of not longer than
30 years after filing the same unless again filed as required herein. No disability or lack of knowledge of any kind
on the part of anyone shall delay the commencement of or suspend the running of said 30-year period. Such
notice may be filed for record by the claimant or by any other person acting on behalf of any claimant who is:

(a) Under a disability,

(b) Unable to assert a claim on his or her behalf, or

(c) One of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of
claim for record.

Such notice may be filed by a homeowners' association only if the preservation of such covenant or restriction or
portion of such covenant or restriction is approved by at least two-thirds of the members of the board of
directors of an incorporated homeowners' association at a meeting for which a notice, stating the meeting's time

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and place and containing the statement of marketable title action described in s. 712.06(1)(b), was mailed or
hand delivered to members of the homeowners' association not less than 7 days prior to such meeting.

(2) It shall not be necessary for the owner of the marketable record title, as herein defined, to file a notice to
protect his or her marketable record title.

History .--s. 5, ch. 63-133; s. 798, ch. 97-102; s. 3, ch. 97-202; s. 1, ch. 2003-79.

712.06 Contents of notice; recording and indexing.--

(1) To be effective, the notice referred to in s. 712.05 shall contain:

(a) The name or description of the claimant or the homeowners' association desiring to preserve any covenant
or restriction and the name and particular post office address of the person filing the claim or the homeowners'
association.

(b) The name and post office address of an owner, or the name and post office address of the person in whose
name said property is assessed on the last completed tax assessment roll of the county at the time of filing,
who, for purpose of such notice, shall be deemed to be an owner; provided, however, if a homeowners'
association is filing the notice, then the requirements of this paragraph may be satisfied by attaching to and
recording with the notice an affidavit executed by the appropriate member of the board of directors of the
homeowners' association affirming that the board of directors of the homeowners' association caused a
statement in substantially the following form to be mailed or hand delivered to the members of that
homeowners' association:

STATEMENT OF MARKETABLE TITLE ACTION

The [name of homeowners' association] (the "Association") has taken action to ensure that the [name of
declaration, covenant, or restriction], recorded in Official Records Book _____, Page _____, of the public
records of _____ County, Florida, as may be amended from time to time, currently burdening the property of
each and every member of the Association, retains its status as the source of marketable title with regard to the
transfer of a member's residence. To this end, the Association shall cause the notice required by chapter 712,
Florida Statutes, to be recorded in the public records of _____ County, Florida. Copies of this notice and its
attachments are available through the Association pursuant to the Association's governing documents regarding
official records of the Association.

(c) A full and complete description of all land affected by such notice, which description shall be set forth in
particular terms and not by general reference, but if said claim is founded upon a recorded instrument or a
covenant or a restriction, then the description in such notice may be the same as that contained in such
recorded instrument or covenant or restriction, provided the same shall be sufficient to identify the property.

(d) A statement of the claim showing the nature, description, and extent of such claim or, in the case of a
covenant or restriction, a copy of the covenant or restriction, except that it shall not be necessary to show the
amount of any claim for money or the terms of payment.

(e) If such claim is based upon an instrument of record or a recorded covenant or restriction, such instrument of
record or recorded covenant or restriction shall be deemed sufficiently described to identify the same if the

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notice includes a reference to the book and page in which the same is recorded.

(f) Such notice shall be acknowledged in the same manner as deeds are acknowledged for record.

(2) Such notice shall be filed with the clerk of the circuit court of the county or counties where the land
described therein is situated, together with a true copy thereof. The clerk shall enter, record, and index said
notice in the same manner that deeds are entered, recorded, and indexed, as though the claimant were the
grantee in the deed and the purported owner were the grantor in a deed, and the clerk shall charge the same
fees for recording thereof as are charged for recording deeds. In those counties where the circuit court clerk
maintains a tract index, such notice shall also be indexed therein.

(3) The clerk of the circuit court shall, upon such filing, mail by registered or certified mail to the purported
owner of said property, as stated in such notice, a copy thereof and shall enter on the original, before recording
the same, a certificate showing such mailing. For preparing the certificate, the claimant shall pay to the clerk
the service charge as prescribed in s. 28.24(8) and the necessary costs of mailing, in addition to the recording
charges as prescribed in s. 28.24(12). If the notice names purported owners having more than one address, the
person filing the same shall furnish a true copy for each of the several addresses stated, and the clerk shall send
one such copy to the purported owners named at each respective address. Such certificate shall be sufficient if
the same reads substantially as follows:

I hereby certify that I did on this _____, mail by registered (or certified) mail a copy of the foregoing notice to
each of the following at the address stated:

(Clerk of the circuit court)

of _____ County, Florida,

By (Deputy clerk)

The clerk of the circuit court is not required to mail to the purported owner of such property any such notice that
pertains solely to the preserving of any covenant or restriction or any portion of a covenant or restriction.

(4) Failure of any purported owner to receive the mailed notice shall not affect the validity of the notice or
vitiate the effect of the filing of such notice.

History .--s. 6, ch. 63-133; s. 5, ch. 77-354; s. 7, ch. 82-205; s. 57, ch. 95-211; s. 4, ch. 97-202; s. 2, ch. 2003-79; s. 110, ch. 2003-
402.

712.07 Limitations of actions and recording acts.--Nothing contained in this law shall be construed to extend
the period for the bringing of an action or for the doing of any other act required under any statute of
limitations or to affect the operation of any statute governing the effect of the recording or the failure to record
any instrument affecting land. This law shall not vitiate any curative statute.

History .--s. 7, ch. 63-133.

712.08 Filing false claim.--No person shall use the privilege of filing notices hereunder for the purpose of
asserting false or fictitious claims to land; and in any action relating thereto if the court shall find that any
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person has filed a false or fictitious claim, the court may award to the prevailing party all costs incurred by her
or him in such action, including a reasonable attorney's fee, and in addition thereto may award to the prevailing
party all damages that she or he may have sustained as a result of the filing of such notice of claim.

History .--s. 8, ch. 63-133; s. 799, ch. 97-102.

712.09 Extension of 30-year period.--If the 30-year period for filing notice under s. 712.05 shall have expired
prior to July 1, 1965, such period shall be extended to July 1, 1965.

History .--s. 9, ch. 63-133.

712.095 Notice required by July 1, 1983.--Any person whose interest in land is derived from an instrument
or court proceeding recorded subsequent to the root of title, which instrument or proceeding did not contain a
description of the land as specified by s. 712.01(3), and whose interest had not been extinguished prior to July
1, 1981, shall have until July 1, 1983, to file a notice in accordance with s. 712.06 to preserve the interest.

History .--s. 2, ch. 81-242.

712.10 Law to be liberally construed.--This law shall be liberally construed to effect the legislative purpose of
simplifying and facilitating land title transactions by allowing persons to rely on a record title as described in s.
712.02 subject only to such limitations as appear in s. 712.03.

History .--s. 10, ch. 63-133.

712.11 Covenant revitalization.--A homeowners' association not otherwise subject to chapter 720 may use the
procedures set forth in ss. 720.403-720.407 to revive covenants that have lapsed under the terms of this
chapter.

History .--s. 1, ch. 2007-173.

Copyright © 1995-2010 The Florida Legislature • Privacy Statement • Contact Us

www.leg.state.fl.us/statutes/index.cfm… 6/6
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE


COUNTY COMMISSIONERS; KENNETH M.
WILKINSON; LEE COUNTY PROPERTY
APPRAISER’S OFFICE; STATE OF
FLORIDA, BOARD OF [PAST & PRESENT]
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND DIVISION OF
RECREATION AND PARKS; LEE COUNTY
ATTORNEY; JACK N. PETERSON,

Defendants.
___________________________________

OPINION AND ORDER

This matter comes before the Court on the following motions:

(1) defendant Property Appraiser’s Motion to Dismiss and Close File

(Doc. #285), to which plaintiff filed a Response (Doc. #302); (2)

defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack

of Jurisdiction and for Failure to State a Cause of Action (Doc.

#291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of


Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc.

#317); and (4) defendant Board of Lee County Commissioners’ Motion

to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc.

#318). Because Plaintiff is proceeding pro se, his pleadings are

held to a less stringent standard than pleadings drafted by an

attorney and will be liberally construed. Hughes v. Lott, 350 F.3d

1157, 1160 (11th Cir. 2003).

I.

On December 10, 1969, the Board of County Commissioners of Lee

County, Florida adopted the “Resolution Pertaining to Public Lands

in Cayo Costa Subdivision”, Book 569, page 875 (the Resolution).

The Resolution stated that the Second Revised Plat of the Cayo

Costa Subdivision contained certain designated lot and block areas

and other undesignated areas. The Resolution further noted that

the plat contained certain un-numbered and unlettered areas lying

East of the Easterly tier of blocks in the subdivision and lying

West of the Westerly tier of blocks in the subdivision. The

Resolution stated that Lee County claimed the lands to the east and

west of the tier of blocks as “public lands together with all

accretions thereto” and “does by this Resolution claim all of said

lands and accretions thereto for the use and benefit of the public

for public purposes.” (Doc. #288, p. 9.)

Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is

the current owner of Lot 15A of the Cayo Costa Subdivision and

-2-
accretions thereto. (Doc. #288, ¶¶ 1, 2.) Plaintiff describes Lot

15A as being more than approximately 2.5 acres fronting the Gulf of

Mexico with an estimated fair market value of more than $2 million.

(Id. at ¶6.) Plaintiff asserts that the Resolution violates his

property rights in Lot 15A, which includes accretions, under both

federal and state law.

Count 1 sets forth a claim under 42 U.S.C. § 1983. Plaintiff

alleges that the Resolution deprived him of his riparian rights,

private easements, accreted property and privileges secured by the

United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the

undedicated Cayo Costa Subdivision, and therefore the Resolution

was unenforceable and in violation of the United States

Constitution. (Doc. #288, ¶13.) Plaintiff asserts that defendants

confiscated more than 2.5 acres of his accreted property without

compensation in violation of the Takings Clause of the Fifth

Amendment, the Due Process Clause of the Fourteenth Amendment, and

the Equal Protection Clause of the Fourteenth Amendment (Id. at

¶14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to

the Resolution, all without compensation. (Id. at ¶15.) Further,

plaintiff asserts that “Defendant State Actors” claimed riparian

rights to Lots 38A and 41A which they denied to plaintiff, thereby

unlawfully discriminating against plaintiff because he is entitled

to equal rights as the State property owner. (Id. at ¶¶ 16, 27.)

-3-
Count 2 alleges an unconstitutional temporary taking under

color of the Resolution. Plaintiff asserts that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements, and was therefore not entitled to be

recorded and must be stricken from the public record. (Id. at

¶17.) Plaintiff further alleges that the Cayo Costa Subdivision

was outside of Lee County’s home rule powers, and therefore the

State and County had no powers to adopt resolutions or ordinances,

and therefore the Resolution is unenforceable and ineffectual and

the County capriciously grabbed private accreted land and

easements. (Id. at ¶18.) Plaintiff asserts that defendants took

his accretions onto the riparian gulf front Lot 15A without

authority, justification, due process of law, public notice,

hearing, vote count, or compensation, and that this unauthorized

unconstitutional taking injured plaintiff and destroyed his

property value. (Id. at ¶19.)

Count 3 sets forth a state law claim for trespass. Plaintiff

alleges that since the 1969 Resolution the defendants have asserted

that Lee County is the owner of the Cayo Costa accretions and have

induced and caused the public to intrude onto the private beaches

and other areas on Cayo Costa, injuring plaintiff’s property. (Id.

at ¶¶ 20-21.) Plaintiff asserts that the State cannot exercise

power within the Subdivision east of the mean high water mark of

the Gulf of Mexico and west of the mean high water mark of

Charlotte Harbor. (Id. at ¶22.)

-4-
Count 4 alleges a conspiracy to fabricate, fraud and

malfeasance. Plaintiff asserts that the Lee County Property

Appraiser claimed that the Resolution entitled Lee County to

ownership of the accreted property, but the County Appraiser has

admitted that Lee County was not empowered to adopt the Resolution.

(Id. at ¶23.) Plaintiff asserts that the Resolution on its face

did not meet recording or resolution requirements, and that the

County Appraiser had a professional duty to verify the validity of

the sham Resolution under the Uniform Standards of Professional

Appraisal Practice. (Id.) Plaintiff alleges that without evidence

of title, defendants conspired to concoct an un-plated lot, block

and park for the benefit of the State and County. (Id. at ¶24.)

Plaintiff also asserts that defendant denied agricultural

classification to his accreted lot. (Id.) Plaintiff asserts that

defendants destroyed most of his property value, deprived him of

private easements without compensation, and denied equal protection

in a land grab scheme. (Id.) Plaintiff describes the agreement as

being to assist the unconstitutional confiscation of the

accretions. (Id. at ¶25.) Plaintiff also asserts that the County

Appraiser made incompetent valuation reports which were

controverted by other comparable sales data and done in violation

of Federal Appraisal Standards, but defendant continued to slander

plaintiff’s perfect title. (Id. at ¶26.) As a result, plaintiff

received purchase offers far below market value and the County

Appraiser has committed malfeasance and abuse of position. (Id.)

-5-
Count 5 alleges a conspiracy to materially misrepresent and

defraud. Plaintiff asserts that Lee County does not hold title to

the accreted property pursuant to the Resolution, and there has

been no proceedings such as eminent domain or adverse possession.

(Id. at ¶29.) Plaintiff asserts that Lee County’s claims of

ownership of the accretions therefore violated the Fifth Amendment

Takings Clause, and therefore defendants deprived the public of tax

revenues which could have been received from the private accretions

and easements. (Id.) Plaintiff asserts that defendants conspired

to misrepresent the extent of the Army Corps of Engineers’

authority over his lagoon. (Id. at ¶32.)

Count 6 alleges oppression and slander of title by defendant

Peterson for failing to challenge the invalidity of the Resolution

despite his questions about its validity. (Id. at ¶¶ 33-35.)

The Third Amended Complaint asserts the Court has jurisdiction

based on the Civil Rights Act (42 U.S.C. § 1983), 28 U.S.C. § 1343,

Articles 3 and 4 of the United States Constitution, and Amendments

4 and 5 of the United States Constitution (Doc. #288, ¶7), the 1899

Rivers and Harbors Appropriation Act (33 U.S.C. § 403)(id. at ¶8),

the 1862 Homestead Act (id. at ¶9), the federal common law Doctrine

of Accretion and Erosion (id. at ¶10), the Federal Appraisal

Standards, Uniform Standards of Professional Appraisal Practice (12

U.S.C. §§ 3331-3351), and the Federal Declaratory Judgment Act (28

U.S.C. § 2201)(id. at ¶12).

-6-
III.

The Court will first address the federal claims, since these

claims are necessary to provide subject matter jurisdiction. Given

plaintiff’s pro se status, the Court reviews the Third Amended

Complaint liberally.

A. Takings Clause Claims:

A consistent theme which runs through several of plaintiff’s

counts is that the Resolution constitutes an unconstitutional

taking of his property rights in his subdivision Lot 15A on Cayo

Costa island.1 The legal principles are well-settled, and preclude

plaintiff’s takings claim.

Plaintiff alleges a violation of the Takings Clause of the

Fifth Amendment, which states in pertinent part “nor shall private

property be taken for public use, without just compensation.” U.S.

CONST. amend. V. The Fifth Amendment is applied to the States

through the Fourteenth Amendment. Penn Cent. Transp. Co. v. New

York City, 438 U.S. 104, 121-23 (1978). The Third Amended

Complaint may also be read to allege a conspiracy to violate the

Takings Clause.

State law defines the parameters of a plaintiff’s property

interest, and whether state law has created a property interest is

a legal question for the court to decide. Morley’s Auto Body, Inc.

1
See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)
for a description of Cayo Costa island and the Lee County zoning
history of the island since 1978.
-7-
v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996). Under Florida law

a riparian or littoral owner owns to the line of the ordinary high

water mark on navigable waters, and the riparian or littoral

property rights include the vested right to receive accretions to

the property. Board of Trustees of the Internal Improvement Trust

Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987);

Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These

rights constitute property, and cannot be taken or destroyed by the

government without just compensation to the owners. Sand Key

Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013,

1015 (Fla. 2d DCA 1998). “By now it is beyond question that a

permanent physical occupation of private property by the state

constitutes a taking for which a landowner must be compensated.”

New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th

Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S.

1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp.,

458 U.S. 419, 434 (1982)).

Thus while plaintiff has adequately alleged a taking of his

property, “a property owner has not suffered a violation of the

Just Compensation Clause until the owner has unsuccessfully

attempted to obtain just compensation through the procedures

provided by the State for obtaining such compensation . . .”

Williamson County Regional Planning Comm’n v. Hamilton Bank, 473

U.S. 172, 195 (1972). “Williamson County boils down to the rule

that state courts always have a first shot at adjudicating a

-8-
takings dispute because a federal constitutional claim is not ripe

until the state has denied the would-be plaintiff’s compensation

for a putative taking, including by unfavorable judgment in a state

court proceeding.” Agripost, LLC v. Miami-Dade County, Fla.,

F.3d , 2008 WL 1790434 (11th Cir. 2008). Without having

pursued such available state court remedies, a plaintiff’s Takings

Clause claim is not ripe and therefore a federal district court

lacks jurisdiction to consider it. Williamson County, 473 U.S. at

195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274,

277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162

Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least

1990 that Florida law provides a remedy of an inverse or reverse

condemnation suit. Joint Ventures, Inc. v. Department of Transp.,

563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d

1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have

pursued an state action for declaratory judgment under FLA . STAT . §

86.011, a suit to quiet title, Trustees of Internal Imp. Fund of

State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or

a suit in ejectment if the matter is viewed as a boundary dispute.

Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).

The Third Amended Complaint does not allege that plaintiff

pursued any state relief. Indeed, plaintiff has never suggested

that he has taken any action in state court to quiet title or

receive damages under an inverse or reverse condemnation claim.

-9-
Since there is no showing of federal jurisdiction as to the Takings

Clause claim, the Taking Clause claims and any conspiracy to

violate the Takings Clause in any count will be dismissed without

prejudice.

B. Substantive Due Process Claim:

A liberal reading of the Third Amended Complaint might suggest

that plaintiff also frames the alleged taking of his property

rights as a substantive due process claim under the Fourteenth

Amendment. The Eleventh Circuit has held, however, that there is

no independent substantive due process taking cause of action.

Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14

(11th Cir. 1997). Additionally, substantive due process protects

only fundamental rights, that is, those rights which are implicit

in the concept of ordered liberty. Such rights are created by the

Constitution, and do not include property rights. Greenbriar

Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir.

2003). Merely asserting that the government’s actions were

arbitrary and irrational does not bring the matter within the

protection of the substantive due process provision. Greenbriar

Village, 345 F.3d at 1263-64. Therefore, those portions of counts

in the Third Amended Complaint which attempt to assert a

substantive due process takings claim or conspiracy will be

dismissed.

-10-
C. Procedural Due Process Claim:

Plaintiff’s counts may also attempt to state a procedural due

process claim. For example, plaintiff asserts that Lee County had

no home rule powers or jurisdiction over the undedicated Cayo Costa

subdivision (Doc. #288, ¶¶ 13, 18, 23), that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements (id. at ¶¶ 17, 23), and that the taking

was without authority, justification, due process, public notice,

hearing, vote count, or compensation (id. at ¶19).

“Procedural due process requires notice and an opportunity to

be heard before any government deprivation of a property interest.”

Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995).

Not all government actions, however, are subject to a procedural

due process claim. The County’s action in passing the Resolution

constituted a legislative act, and therefore plaintiff cannot state

a procedural due process claim. 75 Acres, LLC v. Miami-Dade

County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Plaintiff

asserted that the Resolution effecting the taking of more than 200

acres other than his 2.5 acres. This is sufficient to constitute

a legislative act. See, e.g., Bi-Metallic Inv. Co. v. State Bd. of

Equalization, 239 U.S. 441, 445 (1915)(noting that it is

impractical to give every one a voice when a legislative act

applies to more than a few people). Additionally, even if not a

legislative act, a procedural due process claims does not exist

-11-
merely because state mandated procedures were not followed. First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla.,

20 F.3d 419, 422 (11th Cir. 1994). In this regard, some of the

allegations in the Third Amended Complaint are contradicted by the

Resolution which is attached to it. The copy of the Resolution

attached to the Third Amended Complaint establishes that it was

signed, executed, and duly recorded in the public records, and

plaintiff will not be allowed to assert otherwise. The remaining

claimed defects are arguments concerning state law which do not

arise to a constitutional level. Finally, plaintiff fails to state

a procedural due process claim because he has failed to allege that

Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as

discussed above it is clear that Florida does provide adequate

post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed.

D. Equal Protection Claim:

Plaintiff also alleges that the Resolution violated his equal

protection rights. “To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly

situated persons have been treated disparately.” Boyd v. Peet, 249

Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th

Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The


-12-
Third Amended Complaint states that defendants have taken over 200

acres pursuant to the Resolution, far in excess of his 2.5 acres.

The only assertion of disparate treatment is for those lots owned

by government, which plaintiff alleges did not have their rights

taken. However, a private owner such as plaintiff can not be

compared to a public owner such as a government unit. Therefore,

no equal protection claim is stated, and such claims will be

dismissed without prejudice.

E. Other Bases of Federal Jurisdiction:

Having found no federal claim set forth in the Third Amended

Complaint, the Court now examines the other purported bases of

federal jurisdiction.

Article III of the Constitution sets the outer boundaries of

the federal court jurisdiction, but vests Congress with the

discretion to determine whether and to what extent that power may

be exercised by lower federal courts. Therefore, lower federal

courts are empowered to hear only cases for which there has been a

congressional grant of jurisdiction. Morrison v. Allstate

Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Therefore

Article III does not provide any additional basis of federal

jurisdiction. Additionally, plaintiff’s reliance on Article IV of

the Constitution is misplaced because Article IV does not address

the jurisdiction of a federal court.

Plaintiff cites 28 U.S.C. § 1343 as a basis for federal

jurisdiction. Section 1343 sets forth the jurisdiction of district

-13-
courts for certain civil rights actions, but does not itself create

a private right of action. Albra v. City of Fort Lauderdale, 232

Fed. Appx. 885, 892 (11th Cir. 2007). Since none of plaintiff’s

federal civil rights claims are properly before the court, § 1343

is not a basis for jurisdiction over the remaining state law

claims.

Plaintiff’s reliance on the 1899 Rivers and Harbors

Appropriation Act, 33 U.S.C. § 403 is misplaced. Section 403

relates to the creation of an obstruction not authorized by

Congress, and simply not relevant to any of the claims in this

case. The 1862 Homestead Act, 43 U.S.C. §§ 161-64, cannot form

basis for jurisdiction because it was repealed in 1976. Assuming

there is a federal common law Doctrine of Accretion and Erosion, it

cannot provide a jurisdictional basis in federal court. The

Federal Appraisal Standards, Uniform Standards of Professional

Appraisal Practice, 12 U.S.C. § 3331-3351, also do not create

federal jurisdiction. These standards relate to real estate

appraisals utilized in connection with federally related

transactions, 12 U.S.C. § 1331, and no such transaction was

involved in this case. Additionally, in Florida the county

property appraiser is a constitutionally created office whose

appraisals are carried out pursuant to state statute, FLA . STAT . §

193.011 as well as professional appraisal standards established by

the International Association of Assessing Officers and the

-14-
Appraisal Institute. Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2

(11th Cir. 1996).

Therefore, the Court finds no other basis of federal

jurisdiction has been plead in the Third Amended Complaint.

F. Remaining State Law Claims:

The remaining possible claims in the Third Amended Complaint

are all state law claims. Read liberally, the Third Amended

Complaint may be read to allege a claim to invalidate the

Resolution for alleged state-law procedural defects, a state law

claim of trespass, a state law claim of conspiracy to misrepresent,

a state law claim of fraud, state law claims of malfeasance, a

state law claim of oppression, and a state law claim of slander of

title. Even assuming these are properly pled, pursuant to 28

U.S.C. § 1367(c)(3) the Court would exercise its discretion and

decline to exercise supplemental jurisdiction over the state

claims. Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th

Cir. 2004)(encouraging district courts to dismiss state claims

where all claims which provided original jurisdiction have been

dismissed.) The dismissal of the state claims will be without

prejudice. Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999).

Having found that this Court lacks subject matter

jurisdiction, and will not retain supplemental jurisdiction, the

Court need not address the issues raised in the remaining

defendants’ motions to dismiss.

Accordingly, it is now
-15-
ORDERED:

1. Defendant Property Appraiser’s Motion to Dismiss

Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the

extent set forth in paragraph 5 below.

2. Defendant Property Appraiser’s Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot.

3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board

of Trustees of the Internal Improvement Trust Fund’s Joint Motion

to Dismiss for Lack of Jurisdiction and for Failure to State a

Cause of Action (Doc. #291) is GRANTED to the extent set forth in

paragraph 5 below.

4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to

Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph

5 below.

5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims. The Clerk shall

enter judgment accordingly, terminate all pending motions as moot,

and close the case.

DONE AND ORDERED at Fort Myers, Florida, this 5th day of

May, 2008.

Copies: Parties of record

-16-
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED


________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 5, 2009
No. 08-13170
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________

D. C. Docket No. 07-00228-CV-FTM-29-SPC

JORG BUSSE,

Plaintiff-Appellant,

KENNETH M. ROESCH, JR., et al.,

Plaintiffs,

versus

LEE COUNTY, FLORIDA,


BOARD OF LEE COUNTY COMMISSIONERS,
THE LEE COUNTY PROPERTY APPRAISER,
STATE OF FLORIDA, BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND,
KENNETH M. WILKINSON, et al.,

Defendants-Appellees.

________________________

Appeal from the United States District Court


for the Middle District of Florida
_________________________

(March 5, 2009)
Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.

PER CURIAM:

Jorg Busse, proceeding pro se, appeals the district court’s dismissal of his

third amended complaint in his civil rights action against various state and local

governmental entities and officials in Florida, pursuant to 42 U.S.C. §§ 1983 and

1985. The district court dismissed Busse’s federal claims because he had either

failed to adequately plead them or had not established federal subject matter

jurisdiction. In the absence of any viable federal claims, the court declined to

retain jurisdiction over Busse’s state law claims. Based on our review of the

record and the parties’ briefs, we AFFIRM the dismissal.

I. BACKGROUND

On 10 December 1969, the Board of Commissioners of Lee County, Florida

(“the Board”) adopted a resolution claiming certain lands in the Cayo Costa

subdivision as public lands (“the Resolution”). R10-288 at 9. In the Resolution,

the Board identified the relevant lands by reference to a map of the subdivision

which showed that, along with a number of designated land parcels in the

subdivision, there were also a number of unidentified areas on the eastern and

western edges of the subdivision. Id. The Board laid claim to all of these non-

designated parcels “and accretions thereto for the use and benefit of the public for

public purposes.” Id.


Busse asserts that he currently owns Lot 15A of the Cayo Costa subdivision

along with all accretions thereto and that the Resolution violates his property rights

under both federal and state law. Id. at 1. To vindicate his rights, he brought suit

in the United States District Court for the Middle District of Florida against an

array of state and local parties, including the Lee County Board of Commissioners,

the county property appraiser, and the Florida Department of Environmental

Protection.1 Id. In his third amended complaint, Busse made six claims:

unconstitutional deprivation under 42 U.S.C. § 1983; unconstitutional temporary

takings; trespass; conspiracy, fraud, and malfeasance regarding the designation of

certain unplatted lots; conspiracy to materially misrepresent and defraud; and

oppression or slander of title. Id. at 3–8. He asserted that an array of statutory and

constitutional provisions supported the exercise of jurisdiction: two civil rights acts

— 42 U.S.C. § 1983 and 28 U.S.C. § 1343; Articles Three and Four and the Due

Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments of

the United States Constitution; the 1899 Rivers and Harbors Appropriation Act (33

U.S.C. § 403); the 1862 Homestead Act, the federal common law doctrine of

1
The full list of defendants includes: Lee County, Florida; the Board of Lee County
Commissioners, in their official and private capacities; Kenneth M. Wilkinson, the Lee County
property appraiser, in his official and private capacity; the State of Florida Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida, in their official and private
capacities; the Florida Department of Environmental Protection, the Florida Division of
Recreation and Parks, and the Cayo Costa State Park staff, in their individual and private
capacities; and Jack N. Peterson, Lee County Attorney, in his official and private capacity. Id.
accretion and erosion; the Federal Appraisal Standards, Uniform Standards of

Professional Appraisal Practice, and 12 U.S.C. §§ 3331–3351; and the Federal

Declaratory Judgment Act (28 U.S.C. § 2201). Id. at 2–3.

The defendants subsequently filed separate motions to dismiss Busse’s third

amended complaint, primarily based on lack of subject matter jurisdiction and

failure to state a claim. R10-285, 291, 303, 304. The district court granted these

motions and dismissed Busse’s third amended complaint. R11-338. In so doing,

the court first found that Busse had made out a valid takings claim but that it had

no jurisdiction over that claim since he had failed to show that he had pursued all

available state remedies before bringing suit. Id. at 7–10. The court then

concluded that Busse had not made out a valid claim under any of his other alleged

federal bases. Id. at 10–15. Given that the court did not have jurisdiction over any

of Busse’s federal claims, it chose to dismiss his state law claims. Id. at 15. Busse

now appeals the dismissal of all of the claims in his third amended complaint.

II. DISCUSSION

We review de novo a district court’s legal conclusions regarding subject

matter jurisdiction, including the determinations that a claim is not ripe or that the

court lacks subject matter jurisdiction over it. See Lanfear v. Home Depot, Inc.,

536 F.3d 1217, 1221 (11th Cir. 2008); Elend v. Basham, 471 F.3d 1199, 1204

(11th Cir. 2006). We also “review a grant of a motion to dismiss for failure to state
a claim de novo, accepting the allegations in the complaint as true and construing

them in the light most favorable to the plaintiff.” Gandara v. Bennett, 528 F.3d

823, 826 (quotation marks and citation omitted). The decision not to exercise

supplemental jurisdiction over a state law claim is reviewed for abuse of discretion.

See Parker v. Scrap Metal Processors, Inc., 468 F.3d 733, 738 (11th Cir. 2006).

Since Busse is proceeding pro se, we construe his pleadings liberally. See Miller

v. Donald, 541 F.3d 1091, 1100 (11th Cir. 2008).

On appeal, Busse argues that the district court erred in dismissing his federal

claims. He asserts that his Takings Clause claim was ripe for review and that he

had properly stated claims involving violations of his procedural due process,

equal protection, and substantive due process rights under the Fifth and Fourteenth

Amendments.2 Additionally, we read Busse’s brief liberally to argue that the

district court abused its discretion in refusing to exercise supplemental jurisdiction

over his state law claims. We address these arguments in turn.

A. Takings Clause Claims

2
Busse’s brief on appeal does not discuss the other jurisdictional bases cited in his third
amended complaint — Articles Three and Four of the United States Constitution; the 1899
Rivers and Harbors Appropriation Act; the 1862 Homestead Act; the federal common law
doctrine of accretion and erosion; the Federal Appraisal Standards, Uniform Standards of
Professional Appraisal Practice, and 12 U.S.C. §§ 3331–3351; and the Federal Declaratory
Judgment Act. Generally arguments not raised in a brief on appeal are deemed abandoned. See
Horsley v. Feldt, 304 F.3d 1125, 1131 n.1 (11th Cir. 2002). Furthermore, we agree with the
district court’s analysis of these provisions and find that none of them could serve as a potential
jurisdictional basis for Busse’s claims. See, e.g., Arthur v. Haley, 248 F.3d 1302, 1303 n.1 (11th
Cir. 2001) (per curiam) (noting that appellate courts can and should sua sponte inquire into
subject matter jurisdiction whenever it appears to be lacking).
Busse contends that the Resolution constituted an unconstitutional taking of

his property rights in Lot 15A. The Fifth Amendment prohibits the taking of

private property “for public use, without just compensation” — a condition made

applicable to the States by the Fourteenth Amendment. U.S. Const. amend. V;

Palazzolo v. Rhode Island, 533 U.S. 606, 617, 121 S. Ct. 2448, 2457 (2001)

(noting that the Fourteenth Amendment made the Takings Clause applicable to the

States). A plaintiff can bring a federal takings claim only if he can show that he

did not receive just compensation in return for the taking of his property. See Eide

v. Sarasota County, 908 F.2d 716, 720 (11th Cir. 1990). As a result, for a takings

claim to be ripe, a plaintiff must demonstrate that he unsuccessfully “pursued the

available state procedures to obtain just compensation” before bringing his federal

claim. Id. at 721.

In this case, Busse’s claim would not be ripe because he has not shown that

he attempted to obtain or secure relief under established Florida procedures. Since

at least 1990, Florida courts have recognized that an inverse-condemnation remedy

is available for alleged takings violations. See Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Busse contends that his claim would still be ripe

since that remedy was unavailable in 1969 when the Board of Commissioners

enacted the Resolution. However, our past circuit precedent dictates “that a

Florida property owner must pursue a reverse condemnation remedy in state court
before his federal takings claim will be ripe, even where that remedy was

recognized after the alleged taking occurred.” Id. Accordingly, regardless of

whether Busse has a valid property interest in Lot 15A, because he has not alleged

that he sought and was denied compensation through available state procedures, his

Takings Clause claim would not be ripe for review. We thus conclude that the

district court did not err in finding that it lacked subject matter jurisdiction over

Busse’s Takings Clause claim.

B. Procedural Due Process Claims

Busse asserts that his procedural due process rights were violated since Lee

County had no authority to take his land nor jurisdiction over it and because the

Resolution was improperly executed. The Fourteenth Amendment provides that no

state shall “deprive any person of life, liberty, or property, without due process of

law.” U.S. Const. amend. XIV, § 1. A plaintiff could make a procedural due

process claim by challenging the procedures by which a regulation was adopted,

including the failure to provide pre-deprivation notice and hearing. See Villas of

Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 615 (11th Cir. 1997); Zipperer

v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995). For such a claim to be

valid, however, the plaintiff would have to allege that state law failed to provide

him with an adequate post-deprivation remedy. See Tinney v. Shores, 77 F.3d 378,

382 (11th Cir. 1996) (per curiam).


Based on these standards, we find that Busse has failed to state a valid

procedural due process claim. Florida provides him an adequate post-deprivation

remedy, inverse condemnation, and he makes no argument that this procedure is

inadequate. Even if it was inadequate, though, Busse still would not have a valid

procedural due process claim. The Resolution constituted a legislative act since it

was a general provision that affected a large number of persons and area, 200 acres

in all, rather than being specifically targeted at Busse or his immediate neighbors.

See 75 Acres, LLC v. Miami-Dade County, Fla., 338 F.3d 1288, 1294 (11th Cir.

2003). Since alleged problems with the adoption of such acts cannot serve as the

basis for a procedural due process claim, Busse could not cite them as the basis for

his claim. See id. (noting that “if government action is viewed as legislative in

nature, property owners generally are not entitled to procedural due process”).

Accordingly, we find that the district court did not err in dismissing Busse’s

procedural due process claims.

C. Equal Protection Claims

Busse also argues that his equal protection rights were violated because the

Board, in adopting the Resolution, treated differently privately-owned property and

state-owned property.3 The Fourteenth Amendment forbids states from “deny[ing]

3
In his brief on appeal, Busse argues that he experienced different treatment than other
landowners in Lee County. However, we need not address this argument since he did not
mention this in his third amended complaint and we find that none of the exceptions that would
allow us to consider an issue not raised before the district court would apply here. See Narey v.
to any person within its jurisdiction the equal protection of the laws.” U.S. Const.

amend. XIV, § 1. “[T]o properly plead an equal protection claim, a plaintiff need

only allege that through state action, similarly situated persons have been treated

disparately.” Thigpen v. Bibb County, 223 F.3d 1231, 1237 (11th Cir. 2000)

abrogated on other grounds by National R.R. Passenger Corp. v. Morgan, 536 U.S.

101, 122 S. Ct. 2061 (2002).

Under Florida law, counties can exercise eminent domain over any land that

is not owned by the state or federal government. See Fla. Stat. § 127.01(1)(a)

(2006). Since a state landowner would not be subject to the eminent domain power

but Busse, as a private landowner, would be, Busse could not be similarly situated

to a state landowner. Busse therefore cannot rely on his disparate eminent domain

treatment vis-a-vis state landowners as the basis for an equal protection claim.

Since Busse made no other allegations of disparity in his third amended complaint,

we find that he has failed to plead a valid equal protection claim and that the

district court correctly dismissed this claim.

D. Substantive Due Process Claim

Busse also appears to allege that the Resolution denied him his substantive

due process property rights. Substantive due process protects only those rights that

are “fundamental,” a description that applies only to those rights created by the

Dean, 32 F.3d 1521, 1526-27 (11th Cir. 1994) (discussing the exceptions to this general rule).
United States Constitution. See Greenbriar Village, L.L.C. v. Mountain Brook,

City, 345 F.3d 1258, 1262 (11th Cir. 2003) (per curiam). Property rights would

not be fundamental rights since they are based on state law. See id. Busse thus

could not bring a viable substantive due process claim based on the alleged denial

of a state-defined property right. See id. Accordingly, we find that the district

court properly dismissed his substantive due process claims.4

E. Supplemental Jurisdiction

Busse also contends that the court abused its discretion in not hearing his

pendent state law claims. “The decision to exercise supplemental jurisdiction over

pendent state claims rests within the discretion of the district court.” Raney v.

Allstate Ins. Co., 370 F.3d 1086, 1088–89 (11th Cir. 2004) (per curiam). Since the

district court “had dismissed all claims over which it has original jurisdiction,” it

therefore had the discretion not to exercise supplemental jurisdiction over Busse’s

state law claims. 28 U.S.C. § 1367(c)(3). Furthermore, we expressly encourage

district courts to take such action when all federal claims have been dismissed pre-

trial. See Raney, 370 F.3d at 1089. Accordingly, the district court did not abuse

4
The district court, in addressing Busse’s substantive due process claim, mentions that
assertions of irrational and arbitrary government action could not serve as the basis for such a
claim. Even under a liberal reading of Busse’s complaint, though, we do not think he made such
allegations. In the third amended complaint, he discusses takings violations and procedural
problems with the enactment of the Resolution but never questions the rationale for its passage.
Accordingly, we need not address whether he has a valid substantive due process claim based on
arbitrary and capricious government action.
its discretion when it chose not to retain supplemental jurisdiction over Busse’s

state law claims.

III. CONCLUSION

Busse contends that the district court incorrectly dismissed his federal claims

regarding alleged takings and deprivations of property rights. Since Busse’s

takings claim was not ripe because he had not pursued available state remedies and

he failed to adequately plead his other federal claims, the district court correctly

dismissed all of these claims. As a result, despite Busse’s objections to the

contrary, the district court also did not commit an abuse of discretion in not

exercising jurisdiction over his state law claims. Accordingly, we AFFIRM the

district court’s dismissal of Busse’s third amended complaint.

AFFIRMED.
David Souter
U.S. Supreme Court Justice

RE: Lee County [FL] O.R.569/875 – An eminent domain scam of giant proportions
Case-fixing in the U.S. Court of Appeals

We are writing to you in the matter of the corruption and case-fixing in the U.S. Court of
Appeals for the 11th Circuit.

Common intelligence dictates that residents use designated streets to get to their lots.
Unintelligently, the 11th Circuit cannot tell the difference between a designated street and
“unidentified areas”. See Plat Book 3, p. 25 at www.leeclerk.org.

In West Peninsular Title Co.1, corrupt Chief Circuit Judge Edmondson co-wrote:

“And, plaintiffs’ “arbitrary and capricious” due process claim is ripe. Plaintiffs
accused the County of applying an arbitrary and capricious action ..
Plaintiffs’ claim was ripe as soon as the County applied the ordinance … See Eide v.
Sarasota County, 908 F.2d 716, 724 n.13(11th Cir. 1990).”
“But the County insists that adjoining landowners own the strip parcels, citing
Murrell v. United States, 269 F.2d 458 (5th Cir.1959), as an alternative to 16.33
Acres.”

For Appellees’ bribes, Edmondson now changed his mind and conspired to pervert a platted
designated street into an “unidentified area” in order to fix Appellants’ Cases. Here for bribes,
ripeness vanished, and justice is for sale in the 11th Circuit.

The Appellant(s) also own property in N.H. and wish you the best for your retirement.

/s/ Jennifer Franklin Prescott /s/Dr. Jorg Busse

1
http://bulk.resource.org/courts.gov/c/F3/41/41.F3d.1490.93-4449.93-4104.html
Volume 41, The Federal Reporter, 3d Ed. [Nov., 1994 – Jan., 1995]
41 F.3d 1490 Page 1 of 4

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41 F.3d 1490
WEST PENINSULAR TITLE CO., Absolute, Inc., Marion H.
Cooper,
for Estate of Alfred R. Cooper, Plaintiffs-Appellees,
v.
PALM BEACH COUNTY, Carol A. Roberts, Chair of Board of
County Commissioners of Palm Beach County,
Defendants-Appellants.
Nos. 93-4104, 93-4449.
United States Court of Appeals,
Eleventh Circuit.
Jan. 10, 1995.

Patti A. Velasquez, Asst. County Atty., West Palm Beach, FL, Robert S. Hackleman, Ft.
Lauderdale, FL, for appellants in No. 93-4104.

Sharon M. Pitts, Patti A. Velasquez, Asst. County Atty., West Palm Beach, FL, Robert S.
Hackleman, Ft. Lauderdale, FL, for appellants in No. 93-4449.

Jeffrey A. Aman, Smith, Williams & Bowles, P.A., Tampa, FL, Joan E. O'Dell, Gregory L.
Williams, Smith, Williams & Bowles, P.A., Washington, DC, for appellees in both cases.

Appeals from the United States District Court for the Southern District of Florida.

Before HATCHETT and EDMONDSON, Circuit Judges, MELTON* , Senior District Judge.

PER CURIAM:

1 After a jury trial, the district court entered judgment for plaintiffs. Defendants
raise several arguments, hoping mainly to void concessions made in district court in
the joint pretrial stipulation. The district court is affirmed.

2 The controversy concerns the ownership of strip parcels (roads and ditches)
offered by Palm Beach Farms for dedication to Palm Beach County in 1912. A 1976
instrument entitled "Notice of Withdrawal of Platted Roads, Streets, and Other
Unexercised Rights" revoked the offer of dedication. In 1986, pursuant to local
Ordinance No. 86-18 (the "Ordinance"), defendant Palm Beach County (the

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41 F.3d 1490 Page 2 of 4

"County"), began a practice of selling easement and right of way interests in


property originally acquired through dedication. In return for a "privilege fee," the
County issued an abandonment resolution, which, when recorded, transferred
ownership of the parcel to the payor of the fee. This dispute began when the County
attempted to collect fees in exchange for abandonment resolutions for parcels that,
according to plaintiffs, had never been accepted by the County.

3 Plaintiffs, claiming that they were successors in interest to Palm Beach Farms
(and thus owners of the strip parcels), challenged the County's practice as an
unconstitutional taking--under the Fifth and Fourteenth Amendments--of their
property.1 The County conceded that it never expressly accepted the dedication;
but, at trial, the County attempted to show that it had impliedly accepted the
dedication by using the strip parcels. The jury found for plaintiffs, deciding that the
County had not accepted the 1912 offer of dedication within a reasonable time. The
district court entered judgment for plaintiffs: plaintiffs were judged the fee simple
owners of the pertinent strip parcels; defendants were enjoined from applying the
Ordinance to plaintiffs' property; and plaintiffs were awarded attorney's fees.
Defendants appeal.

4 The County now contests plaintiffs' standing, arguing that plaintiffs could not
possibly own the strip parcels (and thus have no interest at stake). But given
plaintiffs' allegations and the County's stipulations in the district court, the record
supports both standing and jurisdiction. A "case or controversy" exists in this case
because the parties genuinely disputed ownership of the strip parcels in the district
court. The County stipulated to plaintiffs' chain of title, agreeing that plaintiffs were
successors in interest to Palm Beach Farms. The controversy was thus limited to a
decision about whether the offer of dedication was accepted.2 Plaintiffs have
standing to challenge the application of the Ordinance to what they assert is their
property.

5 But the County insists that adjoining landowners own the strip parcels, citing
Murrell v. United States, 269 F.2d 458 (5th Cir.1959), as an alternative to 16.33
Acres. This decision is not about standing: what the County is really arguing is that
plaintiffs failed to join indispensable parties. Amicus Boywic Farms agrees, arguing
that it was harmed by the entry of judgment in favor of plaintiffs. Because the
district court could only determine who, as between plaintiffs and the County, had
the better claim to the strip parcels, amicus is not bound by the district court's
order. It was no abuse of discretion for the district court to refuse to dismiss this
case for failure to join indispensable parties. The County, as movant, had the
burden "to show the nature of the unprotected interests of the absent parties," 5A
Wright & Miller, Federal Practice and Procedure Sec. 1359; yet, the County's
citation to the record reveals only that it established the existence of adjoining
landowners (not the nature of allegedly unprotected interests).

6 And, plaintiffs' "arbitrary and capricious" due process claim is ripe.3 Plaintiffs
accused the County of applying an arbitrary and capricious action (asserting
ownership to the strip parcels and recording abandonment resolutions which
transferred title) to their property. Plaintiffs' claim was ripe as soon as the County
applied the ordinance and the petition process (including a $400 nonrefundable
application fee) to the undedicated strip parcels. See Eide v. Sarasota County, 908
F.2d 716, 724 n. 13 (11th Cir.1990).

7 The County argues that no subject matter jurisdiction exists because plaintiffs'
claims are so frivolous. But the course of litigation and stance of the County in

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41 F.3d 1490 Page 3 of 4

district court undercuts its claim of frivolousness. We also note that the pretrial
stipulation plainly reads that "[n]either party contests subject matter ...
jurisdiction."4 If the County actually thought plaintiffs' claims were frivolous, it
should not have so willingly conceded facts giving rise to jurisdiction in the
stipulation. Because the district court had subject matter jurisdiction over plaintiffs'
federal claims, the court did not err by including plaintiffs' state claims for
declaratory relief--pendent jurisdiction was proper.

8 The County also argues that the district court erred by interpreting the stipulation
as a "winner-take-all" proposition. That is, the County says it reserved a right to
make several arguments, after the jury's fact finding, by referring to "undisposed of
motions" in the stipulation. We disagree. The parties agreed that the jury's
conclusion would "be outcome determinative of all of the federal and state claims."
The County does not argue that it was unfairly duped into signing the stipulation.
And, we owe great deference to the trial judge's interpretation and enforcement of
pretrial stipulations. See Morrison v. Genuine Parts Co., 828 F.2d 708 (11th
Cir.1987); Hill v. Nelson, 676 F.2d 1371, 1373 n. 8 (11th Cir.1982). In the light of the
stipulations, the district court did not err when it refused to entertain the County's
post-verdict motions.

9 Defendants raise other arguments, none of which present grounds for reversal.
The district court's judgment is AFFIRMED.

Honorable Howell W. Melton, Senior U.S. District Judge for the Middle District of
Florida, sitting by designation

Application of the Ordinance, according to plaintiffs, put a "cloud" on plaintiffs' title


because title to the strip parcels was transferred to the payor of the privilege fee.
Plaintiffs' property was, in other words, not transferable so long as the County continued
to demand fees for the "abandonment" of property it never owned

"[S]tanding cannot be waived and may be asserted at any stage of litigation." Harris v.
Evans, 20 F.3d 1118, 1121 n. 4 (11th Cir.1994) (en banc). We disagree with the County's
argument that plaintiffs' ownership claim is so obviously frivolous that standing could
not possibly exist, regardless of stipulated facts pointing to standing. In support of this
claim, the County cites the allegedly "remarkably similar" case of United States v.
16.33 Acres of Land, 342 So.2d 476 (Fla.1977), as binding precedent denying plaintiffs'
ownership claim. But 16.33 Acres is distinguishable because in that case the government
expressly accepted the offer of dedication. Id. at 479

Because we conclude that plaintiffs' arbitrary and capricious due process claim was ripe,
we say nothing about whether plaintiffs' additional constitutional claims were ripe. We
do note, however, that plaintiffs were not granted relief pursuant to a specific claim.
Instead, the County stipulated that plaintiffs would be entitled to the remedies requested
if plaintiffs prevailed on any of the disputed fact issues

Parties may not stipulate jurisdiction. Bush v. United States, 703 F.2d 491, 494 (11th
Cir.1983). And we do not say that jurisdiction was proper because jurisdiction was
stipulated. Instead, we look to the record; we affirm the district court's conclusion that

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41 F.3d 1490 Page 4 of 4

the stipulated facts give rise to jurisdiction. For example, the County argues
frivolousness by pointing to purported transfers--by plaintiffs' predecessors in interest--
that the County says are null and void. But the County stipulated to plaintiffs' chain of
title; and, the County agreed that it was undisputed that "plaintiffs are the successors in
interest to the Palm Beach Farms Company." The record was set in district court
CC∅ | TRANSFORMED BY PUBLIC.RESOURCE.ORG

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6/13/2010 Civil - Small Claims Detail

Civil / Small Claims Detail Information

* The data displayed below was last modified 1/20/2010 7:03:35 PM

BUSSE, JORG ETAL PLAINTIFF VS STATE OF FLORIDA ETAL DEFENDANT

Case Number: 06-CA-003185


Uniform Case Number: 362006CA0031850001CH
Case Type: CA Declaratory Judgment
Sub Case Type:
Judge: Gerald, Lynn, Jr.
Filed Date: 7/31/2006
Disposition: Other
Disposition Date: 12/5/2008

Plaintiffs

Lay, Janet Attorney: Janet Lay

Busse, Jorg Attorney: Jorg Busse

Roesch Family Attorney: Roesch Family

Ruzicka, Gerald E Attorney: Gerald E Ruzicka

Carroll Family Attorney: Carroll Family

Defendants

Beason, Tom Attorney:

Lee County Property Appraisers Office Attorney:

Turner, John Attorney:

Norman, Reginald Attorney:


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Papalas, Menelaos Attorney:

Brigham, Tony Prince Attorney:

Moore, S William Attorney:

Brigham Moore LLP Attorney:

Peterson, Jack Neil Attorney:

Owen, David W Attorney:

Vielhauer, Harold George Attorney:

Godfrey, Lynda Attorney:

Russell, Reagan Kathleen Attorney:

Funchess, L Kathryn Attorney:

Funchess, L Kathryn Attorney:

Johnson, Sherri L Attorney: Amy Kathryn Tuck Farrington

Collins, Donna Marie Attorney:

Chappell, Sheri Polster Attorney:

Steele, John E Attorney:

Gerald, Lynn Attorney: Richard Michael Prendergast

Scott, Mike Attorney: John Westbrook Lewis

Green, Charlie Attorney: Steven William Carta

Lach, Chad Attorney:

Carta, Steven W Attorney: Steven William Carta

State of Florida Attorney: Linda Kathryn Funchess

State of Florida Attorney: Reagan Kathleen Russell

Bush, John Ellis Attorney:

Armstrong, Eva Attorney:

Forsyth, Karen L W Attorney:

Jones, Timothy Attorney:

Janes, Bob Attorney:

Bigelow, A Brian Attorney:

Judath, Ray Attorney:

Hall, Tammy Attorney:

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Lee County Florida Attorney:

Board of Lee County Commissioners Attorney:

Mann, Frank Attorney:

Stilwell, Donald D Attorney:

Wilkinson, Kenneth M Attorney: Sherri Lynn Johnson

Service Events

Event Service Response Return


Service Text Name
Date Date Due Date Date

Summons (20
7/31/2006 State of Florida 8/8/2006 8/28/2006 8/16/2006
day) Issued

Summons (20
10/3/2006 State of Florida 10/18/2006 11/8/2006 3/14/2007
day) Issued

Summons (20 Lee County Florida Board of


3/30/2007 4/4/2007 4/24/2007 4/5/2007
day) Issued County Commissioners

Summons (20
8/14/2007 Forsyth, Karen L W 10/27/2008 11/17/2008 10/28/2008
day) Issued

Summons (20
8/14/2007 Vielhauer, Harold George
day) Issued

Summons (20
4/14/2008 Russell, Reagan Kathleen 4/23/2008 5/13/2008 4/28/2008
day) Issued

Summons (20
4/25/2008 Vielhauer, Harold George
day) Issued

Summons (20
4/25/2008 Funchess, L Kathryn
day) Issued

Summons (20
7/17/2008 Johnson, Sherri L 10/8/2008 10/28/2008 10/24/2008
day) Issued

Summons (20
7/17/2008 Collins, Donna Marie 7/24/2008 8/13/2008 7/25/2008
day) Issued

Summons (20
7/17/2008 Peterson, Jack Neil 7/24/2008 8/13/2008 7/25/2008
day) Issued

Summons (20
7/17/2008 Wilkinson, Kenneth M 7/24/2008 8/13/2008 7/25/2008
day) Issued

Summons (20
7/17/2008 Russell, Reagan Kathleen
day) Issued

Summons (20
11/14/2008 Steele, John E 11/18/2008 12/8/2008 11/19/2008
day) Issued
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Summons (20
11/14/2008 Gerald, Lynn, Jr. 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/14/2008 Scott, Mike 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/17/2008 Green, Charlie 11/19/2008 12/9/2008 11/20/2008
day) Issued

Summons (20
11/17/2008 Janes, Bob 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/17/2008 Owen, David W 11/18/2008 12/8/2008 11/19/2008
day) Issued

Summons (20
11/20/2008 Carta, Steven W 11/24/2008 12/15/2008 11/25/2008
day) Issued

Summons (20
11/20/2008 Lach, Chad 12/1/2008 12/22/2008 12/3/2008
day) Issued

Summons (20
11/25/2008 Brigham, Tony Prince
day) Issued

Summons (20
11/25/2008 Chappell, Sheri Polster
day) Issued

Summons (20
12/1/2008 Chappell, Sheri Polster
day) Issued

Docket Lines

Docket
Docket Text
Date

7/31/2006 Petition

7/31/2006 Civil Cover Sheet

7/31/2006 Summons (20 day) Issued State of Florida (Served 08/08/2006)

8/14/2006 Notice of Appearance

8/16/2006 Petition

8/16/2006 Motion to Dismiss

8/29/2006 Correspondence

9/6/2006 Motion for Temporary Injunction

9/8/2006 Motion to Dismiss

10/3/2006 Summons (20 day) Issued State of Florida (Served 10/18/2006)

10/3/2006 Amended Petition


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10/23/2006 Motion to Dismiss

10/23/2006 Motion to Dismiss

3/14/2007 Document Filed

3/15/2007 Notice of Service

3/21/2007 Response

3/23/2007 Correspondence

3/28/2007 Correspondence

3/30/2007 Joinder of Additional Defendant

Summons (20 day) Issued Lee County Florida Board of County Commissioners (Served
3/30/2007
04/04/2007)

3/30/2007 Affidavit

4/10/2007 Motion to Strike

4/11/2007 Notice of Hearing 5-14-07 @ 9am

5/14/2007 Minutes

5/16/2007 Order Granting Motion to strike

5/16/2007 Correspondence

6/5/2007 Request

6/5/2007 Request

6/5/2007 Request

7/2/2007 Notice of Appearance

8/9/2007 Amended Complaint

8/14/2007 Summons (20 day) Issued Vielhauer, Harold George

8/14/2007 Summons (20 day) Issued Forsyth, Karen L W (Served 10/27/2008)

8/20/2007 Motion to Dismiss Amended criminal and civil complaint

8/27/2007 Document Filed

8/27/2007 Document Filed

8/27/2007 Document Filed

8/27/2007 Motion for Protective Order

8/27/2007 Notice of Hearing 10-22-07 @ 9am

9/17/2007 Notice

10/19/2007 Motion to Consolidate


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10/19/2007 Document Filed exhibit

10/19/2007 Document Filed exhibit

10/19/2007 Motion to Consolidate

10/22/2007 Minutes

10/22/2007 Motion to Consolidate

10/29/2007 Document Filed

12/12/2007 Order

12/13/2007 Order

12/14/2007 Notice of complaint

12/26/2007 Notice

1/2/2008 Notice

1/16/2008 Motion to Amend Complaint

1/16/2008 Affidavit

1/16/2008 Amended Complaint

1/31/2008 Motion to Dismiss

2/5/2008 Notice

2/11/2008 Notice

2/11/2008 Notice

2/11/2008 Objection

2/12/2008 Report

2/15/2008 Disclosure

2/21/2008 Memorandum in Support

2/28/2008 Notice of Hearing 4-21-08 @ 10:45am

2/29/2008 Document Filed

2/29/2008 Request for Admissions

2/29/2008 Motion to Strike

2/29/2008 Notice of Hearing 4-7-08 @ 9:45am

3/12/2008 Subpoenas Filed

3/17/2008 Motion for Protective Order

3/18/2008 Subpoena Served

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3/18/2008 Subpoena Served

3/18/2008 Motion to Quash

3/18/2008 Motion for Summary Judgment

3/18/2008 Document Filed

3/19/2008 Notice of Hearing 3-20-08 @ noon

3/19/2008 Amended Notice of Hearing 4-7-08 @ 10:15am

3/20/2008 Motion for Hearing

3/20/2008 Minutes

3/21/2008 Memorandum

3/24/2008 Amended Notice of Hearing 3-20-08 @ 12 noon

3/25/2008 Motion for Order

3/26/2008 Motion for Order

3/31/2008 Order Granting Motion

4/2/2008 Notice of Service

4/3/2008 Objection

4/4/2008 Motion to Strike

4/4/2008 Notice of Filing

4/4/2008 Notice of Filing Attached Documents

4/4/2008 Notice of Filing

4/4/2008 Document Filed

4/4/2008 Notice of Filing Attached Documents

4/4/2008 Motion to Strike

4/4/2008 Notice of Filing Attached Documents

4/7/2008 Minutes

4/7/2008 Notice of Filing Attached Documents

4/8/2008 Notice of Filing Attached Documents

4/8/2008 Motion for Order

4/8/2008 Motion to Compel

4/8/2008 Notice of Hearing 5-12-08 @ 10:15am

4/8/2008 Motion to Determine

4/8/2008 Notice of Filing Attached Documents


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4/8/2008 Motion for Order

4/8/2008 Notice of Service

4/8/2008 Request for Admissions

4/9/2008 Notice of Hearing 5-12-08 @ 10:15am

4/14/2008 Motion for Order

4/14/2008 Interrogatories

4/14/2008 Interrogatories

4/14/2008 Notice of Service of Interrogatories

4/14/2008 Objection

4/14/2008 Notice of Service

4/14/2008 Notice of Filing

4/14/2008 Motion to Determine

4/14/2008 Response to Request for Admissions

4/14/2008 Summons (20 day) Issued Russell, Reagan Kathleen (Served 04/23/2008)

4/14/2008 Notice of Filing

4/16/2008 Motion for Leave

4/16/2008 Motion to Compel Discovery

4/16/2008 Notice of Case Management Conference

4/21/2008 Minutes

4/21/2008 Notice of Filing Deposition

4/21/2008 Deposition LIsa Becker dated 3-24-08

4/21/2008 Notice of Appearance as Co-Counsel

4/21/2008 Notice of Appearance as Co-Counsel

4/24/2008 Notice of Case Management Conference

4/24/2008 Motion to Strike

4/24/2008 Interrogatories

4/24/2008 Correspondence

4/24/2008 Motion to Strike

4/24/2008 Interrogatories

4/24/2008 Interrogatories

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4/24/2008 Notice of Case Management Conference

4/24/2008 Correspondence

4/25/2008 Interrogatories

4/25/2008 Deposition Jack N Peterson attached to Notice of Filing

4/25/2008 Interrogatories

4/25/2008 Summons (20 day) Issued Vielhauer, Harold George

4/25/2008 Summons (20 day) Issued Funchess, L Kathryn

4/28/2008 Motion to Strike

4/28/2008 Notice of Hearing 6-16-08 @ 3:45pm

4/28/2008 Motion to Quash

4/28/2008 Notice of Hearing 6-16-08 @ 3:30pm

4/28/2008 Response

4/28/2008 Notice of Hearing 6-16-08 @ 4pm

4/29/2008 Memorandum

5/2/2008 Disclosure

5/2/2008 Disclosure

5/2/2008 Memorandum

5/5/2008 Notice

5/5/2008 Notice of Filing

5/5/2008 Notice of Filing

5/5/2008 Order

5/5/2008 Correspondence

5/5/2008 Motion for Temporary Injunction

5/6/2008 Motion for Temporary Injunction

5/6/2008 Memorandum

5/6/2008 Notice of Filing

5/6/2008 Notice of Unavailability for Jorg Busse

5/7/2008 Order Denying Motion for summary judgment

5/9/2008 Memorandum and Arguments for Hearing on 5/12/08

5/12/2008 Memorandum

5/12/2008 Minutes
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5/12/2008 Notice of Filing

5/13/2008 Notice of Filing Attached Documents

5/16/2008 Notice of Filing

5/16/2008 Summons Returned with No Indication of Service

5/19/2008 Notice of Service of Answers to Interrogatories

5/19/2008 Notice of Filing Attached Documents

5/19/2008 Notice of Filing Attached Documents

5/19/2008 Notice of Filing

5/21/2008 Motion for Order

5/23/2008 Affidavit of Return of Service - Served

5/23/2008 Answers to Interrogatories

6/3/2008 Memorandum of Law

6/4/2008 Motion to Stay

6/4/2008 Order

6/6/2008 Notice

6/6/2008 Memorandum of Law

6/6/2008 Notice

6/9/2008 Memorandum in Support

6/9/2008 Notice of Cancellation of Hearing 6-16-08

6/9/2008 Notice of Hearing Rescheduled 6-16-08 @ 9am

6/16/2008 Minutes

6/16/2008 Notice of Filing

6/16/2008 Notice of Filing Attached Documents

6/17/2008 Notice of Appeal non final

6/17/2008 Notice of Filing Attached Documents

6/19/2008 Certified Copy of Notice of Appeal sent to 2DCA

6/20/2008 Order

6/26/2008 Acknowledgment from DCA new case 2D08-3117 non final

6/26/2008 Order from DCA directing appellant to pay there fees

Order from DCA directing appellant to file an amended notice of appeal within 15 days or
6/26/2008
appeal could be dismissed
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6/30/2008 Order from DCA appellant has 15 days to show why appeal should not be dismissed

7/8/2008 Notice of Filing motion for extension of time

7/8/2008 Notice of Filing Attached Documents

7/8/2008 Motion for Extension of Time

7/17/2008 Amended Complaint

7/17/2008 Summons (20 day) Issued Wilkinson, Kenneth M (Served 07/24/2008)

7/17/2008 Summons (20 day) Issued Peterson, Jack Neil (Served 07/24/2008)

7/17/2008 Summons (20 day) Issued Johnson, Sherri L (Served 10/08/2008)

7/17/2008 Summons (20 day) Issued Collins, Donna Marie (Served 07/24/2008)

7/17/2008 Summons (20 day) Issued Russell, Reagan Kathleen

7/17/2008 Acknowledgment from DCA amended new case 2D08-3117

7/21/2008 Amended Complaint

Order from DCA appellants motion for an extension of time to respond to order dated 6-26-08
7/28/2008 is denied appellant has 10 days to file a copy of order being appealed or appeal could be
dismissed

7/28/2008 Notice

7/30/2008 Motion to Quash

7/31/2008 Notice of Hearing 9-22-08 @ 9am

Notice of federal question jurisdiction and motion for the court's acknowledgement of federal
8/4/2008
jurisdiction

Notice of federal question jurisdiction and motions for acknowledgement of federal


8/4/2008
jurisdiction in this arbitrary taking

8/11/2008 Notice of Filing Response

8/15/2008 Motion to Dismiss

8/21/2008 Notice of Filing Attached Documents

8/21/2008 Request for Admissions

8/21/2008 Motion to Strike

8/21/2008 Request for Admissions

8/21/2008 Request for Admissions

8/21/2008 Request for Admissions

8/22/2008 Order of Dismissal

8/27/2008 Motion to Quash

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8/27/2008 Motion to Quash

8/29/2008 Notice of unavailability and letter of unavailability to counsel for defendant appellee

8/29/2008 Amended Notice of Hearing 9-22-08 @ 9am

Motion or evidentiary hearing oral argument to secure just speedy and inexpensive federal
8/29/2008
adjudication in favor of appellant in the US Court of appeals for the 11th circuit

9/2/2008 Interrogatories

9/2/2008 Request for Production

9/2/2008 Request for Production

9/2/2008 Motion for Temporary Injunction

9/2/2008 Motion to Strike

9/3/2008 Interrogatories

9/3/2008 Motion to Quash

9/3/2008 Request for Admissions

9/3/2008 Motion to Quash

9/3/2008 Request for Admissions

9/3/2008 Motion for Hearing

9/3/2008 Motion to Strike

9/3/2008 Interrogatories

9/3/2008 Notice of Filing Attached Documents

9/3/2008 Request for Admissions

9/3/2008 Request for Production

9/3/2008 Motion to Strike

9/3/2008 Notice of Filing Attached Documents

9/4/2008 Request for Admissions

9/4/2008 Interrogatories

9/4/2008 Interrogatories

9/4/2008 Motion to Strike

9/4/2008 Notice of Change of Address

9/4/2008 Interrogatories

9/4/2008 Motion for Hearing

9/4/2008 Motion to Strike

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9/4/2008 Interrogatories

9/4/2008 Interrogatories

9/4/2008 Interrogatories

9/4/2008 Interrogatories

9/4/2008 Notice

9/4/2008 Interrogatories

9/5/2008 Order of Dismissal

9/5/2008 Notice of Service

9/5/2008 Motion to Quash

9/5/2008 Notice of Change of Address

9/5/2008 Notice

9/5/2008 Notice of Service

9/5/2008 Amended Notice of Hearing 9-22-08 @ 9am

9/5/2008 Motion for Sanctions

9/5/2008 Notice

9/5/2008 Notice

9/5/2008 Motion for Sanctions

9/5/2008 Interrogatories

9/5/2008 Motion to Compel

9/5/2008 Request for Production

Notice of Filing appellants emergency motion in the US Court of Appeals for the 11th Circuit in
9/8/2008
Support of his Motion for Sanctions against Defendant JN Peterson

9/10/2008 Notice of Filing Attached Documents

9/10/2008 Notice of Filing

9/10/2008 Amended Notice of Hearing 11-10-08 @ 2:30pm

Brief reply brief in the United States Court of appeals for the 11th circuit in support of his
9/10/2008
emergency motion

9/10/2008 Request for Admissions

9/10/2008 Motion emergency motion to enjoin defendants state form trespassing onto lot

9/11/2008 Request for Admissions

9/11/2008 Motion to Compel Response to Interrogatories

9/11/2008 Request for Admissions


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9/12/2008 Motion for refferral to mediation and order appointing and directing scheduled mediation

Copy of plaintiffs appellants motion to sanction appellee Lee County Appraiswer and Strike
9/12/2008
Motion to Dismiss

Document Filed appellants notice of appellees State Court Pleading and Motion for
9/15/2008 Determination of Federal subject matter Jurisdiction based on the Undisputed facts in the
record

9/15/2008 Motion

9/15/2008 Motion to Strike

9/16/2008 Notice of Filing Attached Documents

9/18/2008 Motion for Protective Order

9/18/2008 Notice of Hearing 12-15-08 @ 10am

Notice of Federal Jurisdiction in this Case and filing of motion in the US Court of appeals for
9/18/2008
the 11th Circuit and the United States District Court

9/19/2008 Motion in Opposition

9/22/2008 Motion for Protective Order

9/22/2008 Motion to Quash

9/22/2008 Notice of Service of Request to Produce

9/22/2008 Objection

9/22/2008 Notice of Filing emergency motion in the United States District Court

9/22/2008 Response to Request for Admissions

9/24/2008 Motion for the recusal of Judge Lynn Gerald, Jr. and Notice to the Chief Judge

9/24/2008 Notice

9/29/2008 Motion for recusal of Judge Lynn Gerald

9/29/2008 Motion for Order

9/29/2008 Motion to Dismiss

9/29/2008 Response to Request for Admissions

9/29/2008 Response to Request for Admissions

9/30/2008 Motion to Strike

9/30/2008 Notice of Service of Answers to Interrogatories

9/30/2008 Notice of Service of Answers to Interrogatories

10/1/2008 Response to Request for Admissions

Motion to Strike defendant property appraisers amended motion to dismiss or strike and
10/1/2008
notice of federal jurisdiction to the Chief Judge
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10/1/2008 Copy of response

10/1/2008 Request for Admissions

10/2/2008 Notice

10/2/2008 Notice

10/2/2008 Notice

10/2/2008 Notice

10/10/2008 Notice of Service of Answers to Interrogatories

10/13/2008 Response to Request For Production

10/13/2008 Amended Notice of Hearing 12-15-08 @ 10am

Notice of Filing motion for Three Judge Court Panel based on New Evidence of Legal and
10/13/2008
Factual Error on Record before this Court

10/17/2008 Order

10/17/2008 Motion for the recusal of Judge Lynn Gerald Jr and notice to the Chief Judge

Notice of Federal Jurisdiction in this Case and filing of motion in the US Court of Appeals for
10/20/2008
the 11th Circuit and the United States District Court

10/20/2008 Motion for review of Court order by th Chief Judge

Notice of Federal Jurisdiction in this Case and filing of Motion in the US Court of Appeals for
10/20/2008
the 11th Circuit and the United States District Court

10/20/2008 Motion for review of Court Order by the Chief Judge

10/20/2008 Motion for the Recusal of Judge Lynn Gerald Jr and Notice to the Chief Judge

Notice of Federal Jurisdiction in this case and filing of motion in the US Court of Appeals for
10/20/2008
the 11th Circuit and the United States District Court

10/22/2008 Notice of Hearing 11-17-08 @ 10am

10/23/2008 Motion to Dismiss

10/24/2008 Subpoena Issued

10/24/2008 Notice of Cancellation of Hearing 11-10-08

10/24/2008 Notice of Filing emergency motion in the United States District Court

10/24/2008 Notice of Filing Emergency Motions in the United States District Court

Motion to Strike Defendants Motion to Strike or in the Alternative Motion to Dismiss Plaintiffs
10/24/2008
Amended Complaint

Notice of Service of the Court Ordered Amended Complaint upon Defendant Donna Marie
10/24/2008
Collins and Emergency Motion to Direct the Clerk to Correct the Docket

Notice of Service of the Court Ordered Amended Complaint upon Def JN Peterson by the Lee
10/24/2008
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10/24/2008
County Sheriff and Emergency Motion to DIrect the Clerk to Correct the Docket

10/24/2008 Motion for the Recusal of Judge Lynn Gerald Jr and Notice to the Chief Judge

10/24/2008 Notice of Filing emergency motions in the United Staets District Court

Notice of Federal Jurisdiction in this case and Filing of Motion in the US Court of Appeals for
10/24/2008
the 11th Circuit and the United States District Court

Notice of Federal Jurisdiction in this Case and Filing of Motion in the US Court of Appeals for
10/24/2008
the 11th Circuit and the United States District Court

Notice of Federal Jurisdiction in the case and Filing of Motion in the US Court of Appeals for
10/24/2008
the 11th Circuit and the United States District Court

Notice of Federal Jurisdiction in this case and Filing of Motion in the US Court of Appeals for
10/24/2008
the 11th Circuit and the United States District Court

10/24/2008 Motion for the Recusal of Judge Lynn Gerald Jr and Notice to the Chief Judge

10/24/2008 Subpoena Issued by the Attorney

10/24/2008 Subpoena Issued by the Attorney

Notice of def appellees improper interference with the proceedings in the US Court of Appeals
10/24/2008
for the 11th Circuit

Motion for the Recusal of Corrupt Circuit Judge Lynn Gerald JR and Notice of Non Serive to the
11/3/2008
Chief Judge

11/3/2008 Motion for Recusal in the District Court of appeal of the State of Florida Second District

Motion emergency motion for the Recusal of corrupt Circuit Judge Lynn Gerald Jr and Notice
11/3/2008
of Non Serivce to the Chief Judge

Motion energebcy motion for thr Recusal of Corrupt Circuit Judge Lynn Gerald Jr and notice of
11/4/2008
Non Service to the Chief Judge

11/4/2008 Motion for Recusal in the District Court of Appeal of the State of Florida Second District

Motion emergency motion for the recusal of Corrupt Circuit Judge Lynn Gerald Jr and Notice
11/4/2008
of Non Service to the Chief Judge

11/4/2008 Correspondence from Dr Jorg Busse to Judge

Motion emergency motion for the recusal of Corrupt Circuit Judge Lynn Gerald Jr and Notice
11/4/2008
of Non Service to the Chief Judge

Notice of Filing photographic evidence of criminal trespass onto private lot 15a in private
11/5/2008
undedicated Cayo Costa

Notice of Filing response to docketed compaint of judicial misconduct no 110890108 pursuant


11/5/2008
28USC 351 in the United States Court of Appeals

Notice of Filing Complaint of Judicial Misconduct # 110890108 pursuant to 28USC 351 in the
11/5/2008
United States Court of Appeals

11/5/2008 Notice of Filing Letter of Intent to Sue

Notice of Filing Photographic Evidence of criminal destruction of plaintiff appellants Private


11/5/2008
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11/5/2008
property in private undedicated Cayo Costa

Response to defendants appellees Lee County Motion for Protective Order after Illegal Seizure
11/6/2008
of Appellants Priviate Property in Private Cayo Casta

11/6/2008 Notice of Service of Answers to Interrogatories

11/6/2008 Response to Request For Production

11/6/2008 Answers to Interrogatories

11/6/2008 Notice of Appeal non final

11/10/2008 Notice of Filing letter of intent to sue the Lee County Sherif and Charles J Ferrante

Complaint to Chief Judge G. Keith cary regarding Corrupt Circuit Judge Lynn Gerald Jr and
11/10/2008
Forged Documents O R 569/875

Response to 11-5-08 Order Denying Motion to Disqualify and Emergency Motion for the
11/10/2008
Recusal of Lynn Gerald Jr

11/10/2008 Certified Copy of Notice of Appeal sent to 2DCA

11/10/2008 Order Denying Motion to disqualify

Complaint to Chief Judge G. Keith Cary regarding Corrupt Circuit Judge Lynn Gerald Jr and
11/12/2008
Forged Documents O R 569/875

Motion for Extension of Time to respond to unserved order by corrupt Judge Lynn Gerald Jr
11/12/2008
allegedly filed on 10-17-08 and th forged resolution draft O R 569/875

Notice of Filing of 11-6-08 Official Receipt no ODFM-2008-201657 by Lee County Clerk of


11/12/2008
Courts and E Docket Regarding Appeal from Corrupty Judge Gerald Jr's Office

Notice of Filing of 11-8-08 letter to the Federal Bureau of Investigation Regarding Corrupt
11/12/2008
Circuit Judge Lynn Gerald Jr and Forged Document O R 569/875

Notice of Filing letter of intent to sue Chad Lach for deliberate deprivations of his
11/13/2008 constitutional rights under the 14th 4th and 5th amendments criminal trespass and life
theatening fires in Private Cayo Costa under color of forged

Notice of letter to the New York Times regarding Corrupt Circuit Judge Lynn Gerald Jr and
11/13/2008
forged document

Notice letter to News Press regarding corrupt Circuit Judge Lynn Geralnd Jr and forged
11/13/2008
documents

Notice of filing of production of Lee County Community Parks by defendant Lee County
11/13/2008
regarding corrupt Circuit Judge Lynn Gerald Jr and forged document

Notice of Filing production of Cayo Costa State Park by defendants State of Florida regarding
11/13/2008
corrupt Circuit Judge Gerald Jr and forged documents

11/13/2008 Copy of defendants property appraisers response to request for production

11/13/2008 Amended Complaint

11/14/2008 Summons (20 day) Issued Steele, John E (Served 11/18/2008)

11/14/2008 Summons (20 day) Issued Gerald, Lynn, Jr. (Served 11/18/2008)
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6/13/2010 Civil - Small Claims Detail

11/14/2008 Summons (20 day) Issued Scott, Mike (Served 11/18/2008)

11/14/2008 Notice of Cancellation of hearing

11/14/2008 Notice of unavailability from 12-15-08 thru 1-10-09

11/17/2008 Notice of Filing requests for Admissions upon Defendant Donna marie Collins

11/17/2008 Summons (20 day) Issued Green, Charlie (Served 11/19/2008)

11/17/2008 Summons (20 day) Issued Owen, David W (Served 11/18/2008)

11/17/2008 Summons (20 day) Issued Janes, Bob (Served 11/18/2008)

11/17/2008 Minutes

11/19/2008 Copy of emergency motion for injunction and judical notice of binding legal precedent

Copy of emergency motion for the recusal of corrupt defendant Lynn Gerald Jr based
11/19/2008
defendant Ken Wilkinsons Admissions

11/20/2008 Notice of return of service and receipts Lee County Sheriffs Office

Notice of Filing self authenticating public record San Carlos on the Gulf Plat of Survey in
11/20/2008
Supprt of Defendants Arbitrary Capricious Denial of appellants Equal Riparian rights

11/20/2008 Summons (20 day) Issued Lach, Chad (Served 12/01/2008)

11/20/2008 Summons (20 day) Issued Carta, Steven W (Served 11/24/2008)

11/20/2008 Copy of emergency motion for injunction and Judical notice of binding legal precedent

Copy of emergency motion for the recusal of corrupt defendant Lynn Gerald Jr based on
11/20/2008
defendant Ken Wilkinsons admissions

11/24/2008 Notice of Hearing 11-25-08 at 11:45am

11/25/2008 Summons (20 day) Issued Brigham, Tony Prince

11/25/2008 Summons (20 day) Issued Chappell, Sheri Polster

11/25/2008 Memorandum regarding evidentiary hearing as to defendant John E. Stelles Fraudulent Claim

11/25/2008 Order Denying Motion to disqualify

11/25/2008 Notice of Filing execution of summons upon defendant Lynn Gerald Jr

11/25/2008 Notice of Filing return of service upon defendant David M Owen

11/25/2008 Motion for injuction and sanctions against corrupt defendant Lynn Gerald Jr

11/25/2008 Request for Admissions

11/25/2008 Request for Admissions

11/26/2008 Order from DCA

12/1/2008 Request for Admissions

12/1/2008 Acknowledgment from DCA new case 08-5797 non final


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6/13/2010 Civil - Small Claims Detail

12/1/2008 Amended Notice of Hearing 12-4-08 at 9:30am

12/1/2008 Motion for Sanctions

12/1/2008 Request for Admissions

12/1/2008 Order from DCA directing appellant to pay there fees

12/1/2008 Summons (20 day) Issued Chappell, Sheri Polster

12/1/2008 Motion to compel

12/1/2008 Notice of Cancellation of Hearing

12/2/2008 Request for Admissions

12/2/2008 Request for Admissions

12/2/2008 Motion for Disqualification

12/2/2008 Notice of Service of Interrogatories

12/3/2008 Notice of non service and cancellation of hearing 12-4-08

Notice of their response to defendant appellee Wilkinsons Cross Appeal in the US Court of
12/3/2008
Appeals 11th Circuit regarding the Fraud of Lee County

12/3/2008 Motion to Dismiss

12/3/2008 Motion to Dismiss

12/4/2008 Minutes

12/5/2008 Notice of Removal to US District Court

12/5/2008 Notice of Removal to US District Court

Order from DCA appellants emergency motion for injunction and sanctions against corrupt
12/8/2008
defendant Lynn Gerald jr is denied

12/8/2008 Motion to Dismiss

12/8/2008 Motion to Dismiss

12/8/2008 Motion to Dismiss

12/8/2008 Motion to Dismiss

12/8/2008 Order Granting Motion to Disqualify Judge Lynn Gerald Jr

12/8/2008 Request for Admissions (Appellant) upon Sherri L Johnson

12/8/2008 Motion to Dismiss

12/8/2008 Memorandum in Support (Appellant) of their motion(s) for disqualification

12/8/2008 Request for Admissions (Appellant) upon Reagan K Russell

12/8/2008 Request for Admissions (Appellant) upon Kenneth M Wilkinson

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6/13/2010 Civil - Small Claims Detail
12/8/2008 Motion to Dismiss

12/9/2008 Notice of Cancellation of Hearing 12-4-08

12/10/2008 Request for Admissions

12/10/2008 Request for Admissions

12/10/2008 Notice of fraud and govermental corruption to Chief Judge Keith Cary (copy)

12/19/2008 Notice of Cancellation of Hearing 11-17-08

12/29/2008 Order of Dismissal

1/12/2009 Order from DCA dated 12-24-08 and filed 12-29-08 is now final

1/16/2009 Order from DCA appellants motion for judicial notice of said brief is denied

6/29/2009 Notice

8/7/2009 Notice of Appeal 2D09-3829

8/10/2009 Notice of fraud on courts and disositive judgment

8/10/2009 Notice of fraud on courts and disositive judgment

8/10/2009 Notice of fraud on courts and disositive judgment

8/11/2009 Certified Copy of Notice of Appeal sent to 2DCA

8/12/2009 Notice of fraud on courts and disositive judgment

8/12/2009 Notice of fraud on courts and disositive judgment

8/14/2009 Notice of Appeal evidence III copy provided to the Judge

8/14/2009 Notice of Appeal Evidence II copy provided to the Judge

8/21/2009 Acknowledgment from DCA 2D09-3829

Order from DCA appellant has 15 days to show cause why appeal should not be dismissed
8/21/2009
09-3829

8/21/2009 Order from DCA directing appellant to pay the fees 09-3829

Order from DCA directing appellant to file an amended notice of appeal within 15 days 09-
8/21/2009
3829

8/28/2009 Motion -to enjoin State of Florida from trespassing

8/28/2009 Motion -to enjoin Florida Park Rangers from arson

8/28/2009 Motion -to enjoin State of Florida from arson

8/28/2009 Motion -to enjoin Lee County from trespassing

8/28/2009 Motion -to enjoin K M Wilkinson from concealing

8/28/2009 Motion to Set Aside

8/28/2009 Notice
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11/2/2009 Electronic Case Filing | U.S. District Co…

CLOSED

U.S. District Court


Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:08-cv-00899-UA-MAP

Busse et al v. State Of Florida et al Date Filed: 12/05/2008


Assigned to: Judge Unassigned Judge Date Terminated: 02/04/2009
Referred to: Magistrate Judge Mark A. Pizzo Jury Demand: Both
Case in other court: 09-10464D Nature of Suit: 440 Civil Rights: Other
09-10745D Jurisdiction: U.S. Government Defendant
09-10746D
09-10747D
09-13376H
09-14292H
09-14293H
09-14294H
09-14295H
09-14296H
09-14297-H
20th Judicial Circuit, Lee County, 06-CA-
3185
Cause: 28:1442 Notice of Removal

Plaintiff
Dr. Jorg Busse represented by Jorg Busse
P.O. Box 7561
Naples, Fl 34101-7561
239/595-7074
PRO SE

Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480-0845
561/400-3295
PRO SE

V.
Defendant
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State Of Florida represented by Linda Kathryn Funchess


Florida Department of Environmental
Protection
MS 35
3900 Commonwealth Blvd
Tallahassee , FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: kathy.funchess@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Reagan Kathleen Russell


Florida Department of Environmental
Protection*
MS 35
3900 Commonwealth Blvd
Tallahassee , FL 32399-3000
Email: reagan.russell@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Board of Trustees of the Internal represented by Reagan Kathleen Russell
Improvement Trust Fund (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Department of Environmental represented by Reagan Kathleen Russell
Protection (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Division of Recreation and Parks represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Dept. Of Agriculture

Defendant
Division of Forestry
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Defendant
Lee County, Florida represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers , FL 33902
239/335-2236
Fax: 239/335-2118
Email: peterj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Lee County Fire Department

Defendant
Lynn Gerald, Jr. represented by Sabrina E. Redd
Office of the Attorney General
Suite 1100
501 E Kennedy Blvd
Tampa , FL 33602
813/233-2880
Fax: 813/233-2886
Email: sabrina.redd@myfloridalegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
John E. Steele represented by M. Kent Anderson
US Attorney's Office - TNE
Suite 301
1110 Market St
Chattanooga , TN 37402
423/752-5140
Email: Kent.Anderson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sean Flynn
US Attorney's Office - FLM*
Suite 3200
400 N Tampa St
Tampa , FL 33602
813/274-6335
Email: sean.flynn2@usdoj.gov
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TERMINATED: 12/24/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Sheri Polster Chappell represented by M. Kent Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sean Flynn
(See above for address)
TERMINATED: 12/24/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Kenneth M. Wilkinson represented by John Joseph Renner
Lee County Attorney's Office
2115 Second St.
P.O. Box 398
Ft. Myers , FL 33901
239/533-2236
Fax: 239/485-2118
Email: rennerjj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sherri L. Johnson
Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota , FL 34232
941/952-1070
Email: sjohnson@dentjohnson.com
TERMINATED: 08/05/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amy K. Tuck Farrington


Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota , FL 34232
941/952-1070
Fax: 941/952-1094
Email: atuck@dentjohnson.com

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TERMINATED: 08/05/2009
ATTORNEY TO BE NOTICED

Jack Neil Peterson


(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Sherri L. Johnson represented by Sherri L. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amy K. Tuck Farrington


(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Jim Dent

Defendant
Jack N. Peterson

Defendant
Donna Marie Collins

Defendant
David M. Owen

Defendant
Charlie Green

Defendant
Reagan K. Russell represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Tom Beason represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

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Harold G. Vielhauer represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
L. Kathy Funchess represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Karen L.W. Forsyth

Defendant
Mike Scott

Defendant
Charles J. Ferrante

Defendant
Susan Bailey

Defendant
Charles B. "Barry& Stevens represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Chad Lach represented by Reagan Kathleen Russell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Steven W. Carta represented by Steven Carta
Henderson & Carta
1619 Jackson St
PO Box 1906
Ft Myers , FL 33902-1906
239/332-3366
Fax: 239/332-7082
Email: scarta117@aol.com
LEAD ATTORNEY
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ATTORNEY TO BE NOTICED

Defendant
Barry R. Hillmyer

Defendant
Toby Prince Brigham

Defendant
S. William Moore

Defendant
Brigham & Moore, LLP

Defendant
Menelaos Papalas

Defendant
Rex Shevitski

Defendant
Circuit Judge Anderson represented by M. Kent Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Circuit Judge Carnes represented by M. Kent Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Circuit Judge Barkett represented by M. Kent Anderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Clerk of Lee County Clerks represented by Steven Carta
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

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Lee County Attorney

Defendant
W. W. Wilhelm

Defendant
J. Broomfield

Date Filed # Docket Text


12/05/2008 1 NOTICE OF REMOVAL from 20th Judicial Circuit, Lee County, Florida, case
number 06-CA-003185 filed in State Court on 07/31/06. filed by John E. Steele and
Sheri Polster Chappell.(kma) (Entered: 12/08/2008)
12/05/2008 2 COURT ORDERED AMENDED COMPLAINT filed in the 20th Judicial Court, Lee
County, FL on 11/13/2008 against all defendants with Jury Demand filed by Jorg Busse
and Jennifer Franklin Prescott. (Attachments: # 1 Main Document, # 2 Main Document,
# 3 Main Document, # 4 Main Document)(kma) (Entered: 12/08/2008)
12/05/2008 3 MOTION for miscellaneous relief, specifically to waive compliance with Local Rule 4.2
(b) by John E. Steele and Sheri Polster Chappell. (kma) (Entered: 12/08/2008)
12/05/2008 4 MOTION for extension of time to file answer or otherwise plead re 2 Complaint by
John E. Steele and Sheri Polster Chappell. (kma) Motions referred to Magistrate Judge
Douglas N. Frazier. (Entered: 12/08/2008)
12/05/2008 5 NOTICE of pendency of related cases re per Local Rule 1.04(d) by John E. Steele and
Sheri Polster Chappell. Related case(s): yes (kma) (Entered: 12/08/2008)
12/08/2008 6 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by
All Divisional Judges on 08/20/08. (kma) (Entered: 12/08/2008)
12/09/2008 7 ORDER OF RECUSAL: Magistrate Judge Douglas N. Frazier, Magistrate Judge Sheri
Polster Chappell, and Judge John E. Steele recused. The Clerk shall reassign the case to
the next available District Judge and Magistrate Judge. Signed by Judge John E. Steele
on 12/9/2008. (RKM) (Entered: 12/09/2008)
12/10/2008 8 Case reassigned per order of recusal to the Unassigned Judge and Magistrate Judge
Mark A. Pizzo. New case number: 2:08-cv-899-FtM-99MAP. (kma) Motions referred
to Magistrate Judge Mark A. Pizzo. (Entered: 12/10/2008)
12/10/2008 14 MOTION to compel defendants J.E. Steele and S. Polster Chappell to comply with
applicable state and federal law by Jorg Busse, Jennifer Franklin Prescott. (Attachments:
# 1 Exhibits)(drn) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered:
12/12/2008)
12/10/2008 Summons issued as to Division of Forestry, Lee County Fire Department, Tom Beason,
Harold G. Vielhauer, State Of Florida, Menelaos Papalas, Dept. Of Agriculture. (drn)
(Entered: 12/12/2008)
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12/11/2008 9 NOTICE of pendency of related cases re 6 Standing Order re: 25 pages per Local Rule
1.04(d) by Lee County, Florida. Related case(s): Yes (Peterson, Jack) (Entered:
12/11/2008)
12/11/2008 10 CERTIFICATE of interested persons and corporate disclosure statement re 2
Complaint by Lee County, Florida. (Peterson, Jack) (Entered: 12/11/2008)
12/11/2008 11 MOTION to dismiss Amended Complaint by Lee County, Florida. (Peterson, Jack)
(Entered: 12/11/2008)
12/11/2008 12 ORDER granting 3 Motion to waive compliance with Local Rule 4.02(b). Signed by
Magistrate Judge Mark A. Pizzo on 12/11/2008. (JMF) (Entered: 12/11/2008)
12/11/2008 15 MOTION to compel defendants J.E. Steele and S. Polster Chappell to comply with
applicable state and federal law by Jorg Busse, Jennifer Franklin Prescott. (Attachments:
#(1) Exhibits)(drn) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered:
12/12/2008)
12/12/2008 13 ORDER granting 4 Motion for extension of time to answer or respond. See Order for
details. Signed by Magistrate Judge Mark A. Pizzo on 12/12/2008. (JMF) (Entered:
12/12/2008)
12/12/2008 16 MOTION to compel defendants J.E. Steele and S. Polster Chappell to comply with
applicable state and federal law by Jorg Busse, Jennifer Franklin Prescott. (Attachments:
# 1 Exhibits)(drn) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered:
12/12/2008)
12/12/2008 17 MOTION to strike down O.R. 569/875 pursuant to 11th Circuit binding precedent and
law of the case by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibits)(drn) (Entered: 12/12/2008)
12/12/2008 18 EMERGENCY MOTION for miscellaneous relief, specifically motion to determine
jurisdiction of this and the Florida District Court of Appeal, Second District, Case
2D08-5797, MOTION for clarification by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibits)(drn) (Entered: 12/12/2008)
12/12/2008 19 NOTICE of service of interrogatories upon defendant, John E. Steele by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered: 12/12/2008)
12/12/2008 20 NOTICE of filing of proposed orders to Hon. Magistrate Judge Mark A. Pizzo, and
Dec. 10, 2008 Summons in case removed by recused defendant John E. Steele from
lower state court while on appeal by Jorg Busse, Jennifer Franklin Prescott
(Attachments: #(1) Exhibits)(drn) (Entered: 12/12/2008)
12/12/2008 21 PLAINTIFF APPELLANTS' MOTION to strike down "O.R. 569/875" pursuant to
11th Circuit binding precedent and 'Law of the Case': e.g. by Jorg Busse and Jennifer
Franklin Prescott. (Attachments: # 1 Exhibit, # 2 Exhibit)(kma) (Entered: 12/12/2008)
12/12/2008 22 MOTION to compel defendant J.E. Steele and S. Polster Chappell to comply with
applicable state and federal law, and notice of filing of signed notice of appeal in related
case 2:08-cv-364-FtM-JES-SPC by Jorg Busse and Jennifer Franklin Prescott.
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(Attachments: # 1 Exhibit, # 2 Exhibit)(kma) Motions referred to Magistrate Judge
Mark A. Pizzo. (Entered: 12/12/2008)
12/12/2008 23 PLAINTFF APPELLANTS' NOTICE of filing of brief in related action, U.S. Court o
Appeals, 11th Circuit, in support of proposed orders in case "removed" by recused
defendant John E. Steele from lower state court while on appeal (2D08-5797) by Jorg
Busse and Jennifer Franklin Prescott (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit,
# 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(kma) (Entered: 12/12/2008)
12/12/2008 24 RETURN of service executed on 12/01/08 by Jorg Busse and Jennifer Franklin
Prescott as to Chad Lach. (kma) (Entered: 12/12/2008)
12/16/2008 25 Amended MOTION to dismiss Amended Complaint Or For More Definite Statement
by Steven W. Carta. (Carta, Steven) (Entered: 12/16/2008)
12/16/2008 26 Amended MOTION to dismiss Amended Complaint by Clerk of Lee County Clerks.
(Attachments: # 1 Exhibit Certified copy of List of Clerk of Courts)(Carta, Steven)
(Entered: 12/16/2008)
12/17/2008 27 EMERGENCY MOTION for miscellaneous relief, specifically for injunctive relief from
defendant appellees' life-threatening fires in the residential private Cayo Costa
subdivision by Jorg Busse. (kma) (Entered: 12/17/2008)
12/17/2008 28 NOTICE of filing of defendant K. M. Wilkinson's "First Request for Admissions" and
fraudulent fake "Exhibit A" by Jorg Busse and Jennifer Franklin Prescott (kma) (Entered:
12/18/2008)
12/17/2008 30 MOTION for relief from and review of this court's orders, and notice of fraud,
corruption, and conspiracy under "O.R. 569/875" pursuant to 42 USC 1983,1985 by
Jorg Busse and Jennifer Franklin Prescott. (kma) (Entered: 12/18/2008)
12/17/2008 31 NOTICE of filing of their response brief in related action, U.S. Court of Appeals, for the
11th Circuit, to be construed as memorandum that this court has juridiction over
appellants' Ripe 42 USC 1983, 1985 causes of action, and "arbitrary and capricious"
due process, equal protection, and other ripe federal claims under Eide v. Sarasota
County by Jorg Busse and Jennifer Franklin Prescott (Attachments: # 1 Exhibit, # 2
Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(kma) (Entered: 12/18/2008)
12/18/2008 29 MOTION for miscellaneous relief, specifically Order directing pro se plaintiffs to cease
and desist contacting parties represented by counsel by John E. Steele, Sheri Polster
Chappell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F)(Flynn, Sean) (Entered: 12/18/2008)
12/18/2008 32 MOTION for protective order staying discovery by John E. Steele, Sheri Polster
Chappell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Flynn, Sean) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered:
12/18/2008)
12/18/2008 33 Notice of substitution of AUSA. M. Kent Anderson substituting for Sean Flynn,
Assistant United States Attorney. (Attachments: # 1 Exhibit A-Letter of Appointment of
AUSA M. Kent Anderson)(Anderson, M.) (Entered: 12/18/2008)
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12/18/2008 34 NOTICE of Special Appearance of Counsel Appearance by M. Kent Anderson on


behalf of Circuit Judge Anderson, Circuit Judge Carnes, Circuit Judge Barkett
(Anderson, M.) (Entered: 12/18/2008)
12/18/2008 35 MOTION for miscellaneous relief, specifically Motion for Injunctive Relief by
Defendants District Court Judge Steele and Magistrate Judge Chappell and
Memorandum in Support by John E. Steele, Sheri Polster Chappell. (Anderson, M.)
(Entered: 12/18/2008)
12/19/2008 36 EMERGENCY MOTION to clarify purported "removal", orders, and rule violations,
and memorandum of no judicial immunity by Jorg Busse and Jennifer Franklin Prescott.
(kma) (Entered: 12/19/2008)
12/19/2008 37 MOTION to compel defendant Charlie Green to produce and certify by Jorg Busse and
Jennifer Franklin Prescott. (kma) Motions referred to Magistrate Judge Mark A. Pizzo.
(Entered: 12/19/2008)
12/19/2008 38 MEMORANDUM in opposition re 37 Motion to compel Defendant Charlie Green
To Produce And Certify filed by Clerk of Lee County Clerks. (Carta, Steven)
(Entered: 12/19/2008)
12/22/2008 39 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin defendant
Appellees' Green and Carta from claiming 'grant' of 'said (uncertain) lands' and
'accretions' under forged and unenforceable 'O.R. 569/875' by Jorg Busse, Jennifer
Franklin Prescott. (kma) (Entered: 12/22/2008)
12/22/2008 40 NOTICE of fiing of their pleading as to the judicial misconduct of defendant U.S.
District Judges John E. Steele and S. Polster Chappell in related case no. 2:08-cv-364-
JES-SPC, now on appeal (08-14846-FF) by Jorg Busse, Jennifer Franklin Prescott
(kma) (Entered: 12/22/2008)
12/22/2008 41 NOTICE of federal jurisdiction based on (defective) 'removal' and 11th Circuit
jurisprudence, EMERGENCY MOTION to remand, and memorandum as to remand,
removal defects, and lack of immunity by Jorg Busse, Jennifer Franklin Prescott. (kma)
(Entered: 12/22/2008)
12/22/2008 42 EMERGENCY MOTION to compel defendant Charlie Green to produce and certify
by Jorg Busse, Jennifer Franklin Prescott. (kma) Motions referred to Magistrate Judge
Mark A. Pizzo. (Entered: 12/22/2008)
12/22/2008 43 EMERGENCY MOTION for clarify purported 'removal', orders, and rule violations,
and memorandum of no judicial immunity by Jorg Busse, Jennifer Franklin Prescott.
(kma) (Entered: 12/22/2008)
12/22/2008 44 NOTICE of federal jurisdication based on (defective) 'removal' and 11th Circuit
jurisprudence, EMERGENCY MOTION to remand, and memorandum as to remand,
removal defects, and lack of immunity by Jorg Busse, Jennifer Franklin Prescott. (kma)
(Entered: 12/22/2008)
12/22/2008 45 EMERGENCY MOTION to strike and deny motion to enlarge time to respond by
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defendants Judge John E. Steele and Magistrate Judge S. Polster Chappell by Jorg
Busse, Jennifer Franklin Prescott. (kma) (Entered: 12/22/2008)
12/22/2008 46 MOTION to dismiss Amended complaint by Reagan K. Russell, Tom Beason, Harold
G. Vielhauer, L. Kathy Funchess, Charles B. "Barry& Stevens, Chad Lach, Board of
Trustees of the Internal Improvement Trust Fund, Department of Environmental
Protection, Division of Recreation and Parks. (Russell, Reagan) (Entered: 12/22/2008)
12/22/2008 47 MOTION for Sean P. Flynn to withdraw as attorney by John E. Steele, Sheri Polster
Chappell. (Flynn, Sean) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered:
12/22/2008)
12/23/2008 48 MOTION for sanctions under the court's inherent powers and Rule 11 against the U.S.
Attorney and memorandum by Jorg Busse, Jennifer Franklin Prescott. (Attachments: # 1
Exhibit)(SLU) (Entered: 12/24/2008)
12/23/2008 49 MOTION to strike and deny 35 MOTION for miscellaneous relief, specifically Motion
for Injunctive Relief by Defendants District Court Judge Steele and Magistrate Judge
Chappell and Memorandum in Support by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/24/2008)
12/24/2008 50 ENDORSED ORDER granting 47 Motion to withdraw as attorney. The Clerk is
directed to terminate Assistant United States Attorney Sean P. Flynn as counsel of
record and substitute Assistant United States Attorney M. Kent Anderson as counsel of
record for Defendants United States District Judge John E. Steele and United States
Magistrate Judge Sheri Polster Chappell. Signed by Magistrate Judge Mark A. Pizzo on
12/24/2008. (JMF) (Entered: 12/24/2008)
12/29/2008 51 MOTION for protective order and Objections to Plaintiffs' Request for Admissions
by Reagan K. Russell, Board of Trustees of the Internal Improvement Trust Fund,
Department of Environmental Protection. (Russell, Reagan) Motions referred to
Magistrate Judge Mark A. Pizzo. (Entered: 12/29/2008)
12/30/2008 52 ORDER to Show Cause as to Plaintiffs; denying 16 Motion to compel; denying 17
Motion to strike ; denying 18 Motion ; denying 18 Motion for clarification; denying 21
Motion to strike ; denying 22 Motion to compel; denying 27 Motion ; granting 29
Motion ; denying 30 Motion to review; granting 32 Motion for protective order; granting
35 Motion ; denying 36 Motion for clarification; denying 37 Motion to compel; denying
39 Motion ; denying 42 Motion to compel; denying 43 Motion for clarification; denying
45 Motion to strike ; granting 51 Motion for protective order; denying 14 Motion to
compel; denying 15 Motion to compel. See Order for details. Signed by Magistrate
Judge Mark A. Pizzo on 12/30/2008. (JMF) (Entered: 12/30/2008)
12/30/2008 53 RESPONSE in opposition re 44 MOTION to remand filed by John E. Steele, Sheri
Polster Chappell. (Anderson, M.) (Entered: 12/30/2008)
01/02/2009 54 NOTICE of Appearance by Sabrina E. Redd on behalf of Lynn Gerald, Jr
(Attachments: # 1 Motion to Dismiss)(Redd, Sabrina) (Entered: 01/02/2009)
01/02/2009 55 MOTION for recusal of Mark A. Pizzo, MOTION for relief from order re 52 Order on
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motion to compel, Order on motion to strikeOrder on Motion for Miscellaneous Relief,
Order on motion for clarification, Order on motion to review, Order on motion for
protective order by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibit)(drn) (Entered: 01/04/2009)
01/02/2009 56 MOTION for relief from order re 52 Order on motion to compel, Order on motion to
strike, Order on Motion for Miscellaneous Relief, Order on motion for clarification,
Order on motion to review, Order on motion for protective order by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (drn). (Entered:
01/04/2009)
01/02/2009 57 MOTION for relief from order re 52 Order on motion to compel, Order on motion to
strike, Order on Motion for Miscellaneous Relief, Order on motion for clarification,
Order on motion to review, Order on motion for protective order, MOTION to review
re 52 Order on motion to compel,Order on motion to strike, Order on Motion for
Miscellaneous Relief, Order on motion for clarification, Order on motion to review,
Order on motion for protective order by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 01/04/2009)
01/02/2009 58 MOTION to strike 46 MOTION to dismiss Amended complaint by Jorg Busse,
Jennifer Franklin Prescott. (Additional attachment(s) added on 1/5/2009: # 2 Motion)
(BES). (Additional attachment(s) added on 1/5/2009: # 3 Exhibit) (BES). Modified on
1/5/2009 (BES). (Entered: 01/04/2009)
01/05/2009 59 ORDER denying 55 Motion for recusal; denying 55 Motion for relief from judgment;
denying 56 Motion for relief from judgment; denying 57 Motion for relief from judgment;
denying 57 Motion to review and denying 58 motion to strike. Signed by Magistrate
Judge Mark A. Pizzo on 1/5/2009. (DK) (Entered: 01/05/2009)
01/05/2009 60 ORDER directing Plaintiffs to appear before Honorable Mark A. Pizzo on January 8,
2009, at 9:15 a.m. in Courtroom 11B of the Sam Gibbons United States Courhouse,
Tampa, FL to show cause why they should not be held in contempt for violating Court's
order dated December 30, 2008. Signed by Magistrate Judge Mark A. Pizzo on
1/5/2009. (DK) (Entered: 01/05/2009)
01/05/2009 61 EMERGENCY MOTION for miscellaneous relief, specifically to accept as true the
indisputable fact and allegation that sham O.R. 569/875 was not passed and for judicial
notice of fraud/misrepresentation under O.R. 569/875 by Jorg Busse, Jennifer Franklin
Prescott. (drn) (Entered: 01/05/2009)
01/05/2009 62 MOTION for relief from order re 52 Order on motion to compel, Order on motion to
strike, Order on Motion for Miscellaneous Relief, Order on motion for clarification,
Order on motion to review, Order on motion for protective order based on the
fraudulent allegation of a resolution and notice of fraud and misrepresentation under
O.R. 569/875 by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/05/2009)
01/05/2009 63 NOTICE of corruption and conspiracy by Mark A. Pizzo under color of passed
resolution O.R. 569/875 by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered:
01/05/2009)
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01/05/2009 64 CRIMINAL PROSECUTION of corrupt Judges John E. Steele and Mark A. Pizzo
filed by Jorg Busse and Jennifer Franklin Prescott. (drn) (Entered: 01/05/2009)
01/05/2009 65 NOTICE OF INTERLOCUTORY APPEAL by Jorg Busse, Jennifer Franklin Prescott
(No filing fee paid). (Attachments: #(1) Exhibit)(drn) (Entered: 01/05/2009)
01/05/2009 66 ENDORSED ORDER denying 61 Motion emergency motion for miscellaneous relief.
Signed by Magistrate Judge Mark A. Pizzo on 1/5/2009. (DK) (Entered: 01/05/2009)
01/05/2009 67 ENDORSED ORDER denying 62 Motion for relief from judgment. Signed by
Magistrate Judge Mark A. Pizzo on 1/5/2009. (DK) (Entered: 01/05/2009)
01/07/2009 68 RESPONSE to motion re 48 MOTION for sanctions filed by John E. Steele, Sheri
Polster Chappell, Circuit Judge Anderson, Circuit Judge Carnes, Circuit Judge Barkett.
(Anderson, M.) (Entered: 01/07/2009)
01/07/2009 69 EMERGENCY MOTION for miscellaneous relief, specifically for judicial notice of
binding 11th Circuit precedent, misconduct by Mark A. Pizzo, unauthorized sham O.R.
569/875 by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn)
(Entered: 01/07/2009)
01/07/2009 70 EMERGENCY MOTION for injunctive relief from corrupt Mark A. Pizzo's claim of a
passed resolution official policy of unauthorized fake O.R. 569/875 (Doc. #52)by Jorg
Busse, Jennifer Franklin Prescott. (Attachments: # 1 Exhibits)(drn) (Entered:
01/07/2009)
01/07/2009 71 EMERGENCY MOTION for leave of court to supplement their complaint under Fed.
R.Civ.P.15 and memorandum by Jorg Busse, Jennifer Franklin Prescott. (Attachments:
#(1) Exhibit)(drn) (Entered: 01/07/2009)
01/07/2009 72 NOTICE of supplemental complaint and prosecution of defendant corrupt Mark A.
Pizzo and unauthorized forged O.R. 569/875 re 2 Complaint by Jorg Busse, Jennifer
Franklin Prescott (Attachments: # 1 Exhibit)(drn) (Entered: 01/07/2009)
01/07/2009 73 MOTION for default judgment against defendant corrupt recused John E. Steele and
memorandum by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibit)(drn) (Entered: 01/07/2009)
01/07/2009 74 MOTION for sanctions and disqualification because objectively sham O.R. 569/875
was never passed and memorandum by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 01/07/2009)
01/08/2009 75 Minute Entry. Proceedings held before Magistrate Judge Mark A. Pizzo: Miscellaneous
Hearing held on 1/8/2009. (DIGITAL) Court Reporter: Linda Starr (JMF) (Entered:
01/08/2009)
01/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 65 Notice of interlocutory appeal. (kma) (Entered: 01/08/2009)
01/09/2009 76 ORDER that the Plaintiffs, Dr. Jorg Busse and Jennifer Franklin Prescott, are directed to

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appear before United States District Judge Richard A. Lazzara on January 30, 2009, at
9:30 a.m. in Courtroom 15B of the Sam Gibbons United States Courthouse, 801 North
Florida Avenue, Tampa, Florida 33602 to show why they should not be adjudged in
contempt for the reasons certified in the Order. The Clerk is directed to mail certified
copies of the order to the Plaintiffs at the addresses listed. See Order for details. Signed
by Magistrate Judge Mark A. Pizzo on 1/9/2009. (JMF) (Entered: 01/09/2009)
01/09/2009 77 EMERGENCY MOTION for miscellaneous relief, specifically to declare O.R. 569/875
invalid and confiscatory under Florida and Federal Law, MOTION for panel review by
Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered:
01/09/2009)
01/09/2009 78 EMERGENCY MOTION for panel review by the District Court under Fed. R. Civ. P.
72 and notice of criminal misconduct and corruption by Mark Allan Pizzo under color of
unauthorized forged and invalid O.R. 569/875 by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 01/09/2009)
01/09/2009 79 EMERGENCY MOTION for recusal of corrupt defendant Mark Allan Pizzo under 28
U.S.C. 455 and memorandum by Jorg Busse, Jennifer Franklin Prescott. (Attachments:
#(1) Exhibits)(drn) (Entered: 01/09/2009)
01/09/2009 83 AFFIDAVIT of Jorg Busse in support of judgment against defendant appellees and
criminal prosecution of corrupt defendants John Edwin Steele and Mark Allan Pizzo by
Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibits)(drn) (Entered:
01/12/2009)
01/09/2009 84 PLAINTIFF appellants' memorandum as to defendant Appellees' lack of qualified
immunity, fraud, obstruction of justice and failure to outline indisputable facts and
remand. (Attachments: #(1) Exhibits) (drn) (Entered: 01/12/2009)
01/12/2009 80 ORDER regarding hearing to be held before the undersigned on 1/30/09. Plaintiffs
required to appear. Mailing instructions for clerk. Signed by Judge Richard A. Lazzara
on 1/12/2009. (SKH) (Entered: 01/12/2009)
01/12/2009 81 NOTICE OF HEARING: Show Cause Hearing scheduled Friday, January 30, 2009 at
9:30 a.m. before Judge Richard A. Lazzara. (SKH) (Entered: 01/12/2009)
01/12/2009 82 EMERGENCY MOTION for panel review, and notice of false certification of facts by
defendant Mark Allan Pizzo and MOTION to strike falsified report and certification by
Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/12/2009)
01/12/2009 86 MOTION for miscellaneous relief, specifically judicial notice of their notice of
unavailability by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn)
(Entered: 01/13/2009)
01/12/2009 87 MOTION for miscellaneous relief, specifically for a password for electronic filing by
Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/13/2009)
01/12/2009 88 MOTION for copies of transcript of miscellaneous hearing on 1/8/09 by Jorg Busse,
Jennifer Franklin Prescott. (drn) Motions referred to Magistrate Judge Mark A. Pizzo.
(Entered: 01/13/2009)
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01/12/2009 89 MOTION for panel review of order by defendant corrupt Mark Allan Pizzo and
memorandum by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibits)(drn) (Entered: 01/13/2009)
01/12/2009 90 NOTICE of filing of their judicial complaint of misconduct or disability against defendant
Mark Allan Pizzo in the U.S. Court of Appeals for the 11th Circuit by Jorg Busse,
Jennifer Franklin Prescott (Attachments: #(1) Exhibits)(drn) (Entered: 01/13/2009)
01/13/2009 85 ENDORSED ORDER denying 82 Motion to review and denying 82 Motion to strike.
Signed by Judge Richard A. Lazzara on 1/13/2009. (SKH) (Entered: 01/13/2009)
01/14/2009 91 ENDORSED ORDER denying 86 Motion for Misc. Relief re: Notice of Unavailability;
denying 87 Motion for ECF Password; denying 88 Motion for copies of hearing
transcripts; and denying 89 Motion for panel review. Signed by Judge Richard A.
Lazzara on 1/14/2009. (SKH) (Entered: 01/14/2009)
01/16/2009 92 MOTION for miscellaneous relief, specifically for judicial notice of the 3/31/08
response to Plaintiffs' request for admissions by defendant Appellees State of Florida by
Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered:
01/16/2009)
01/16/2009 93 MOTION for miscellaneous relief, specifically for judicial notice of the 3/31/08
response to Plaintiffs' request for admissions by defendant Appellees State of Florida
that no signatures appear on the face of O.R. 569/875 by Jorg Busse, Jennifer Franklin
Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/16/2009)
01/16/2009 94 MOTION for miscellaneous relief, specifically for judicial notice of their attached
11/14/08 notice of unavailability by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 01/16/2009)
01/16/2009 95 MOTION for miscellaneous relief, specifically for judicial notice of the 10/30/07 Lee
County initial disclosures in the first case 2:07-cv-228-FtM-JES-SPC by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/16/2009)
01/16/2009 96 MOTION for miscellaneous relief, specifically judicial notice of the 2008 survey of their
platted gulf-front property which controverts the fraud under color of unauthorized
confiscatory and invalid forged O.R. 569/875 by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 01/16/2009)
01/16/2009 97 ENDORSED ORDER denying 92 appellant's motion for judicial notice as unnecessary.
Signed by Judge Richard A. Lazzara on 1/16/2009. (DMB) (Entered: 01/16/2009)
01/16/2009 98 ENDORSED ORDER denying 93 appellant's motion for judicial notice as unncessary.
Signed by Judge Richard A. Lazzara on 1/16/2009. (DMB) (Entered: 01/16/2009)
01/16/2009 99 AFFIDAVIT of Jennifer Franklin Prescott in support of judgments against defendant
appellees and their criminal prosecution by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibits)(drn) (Entered: 01/16/2009)
01/16/2009 100 MOTION for miscellaneous relief, specifically judicial notice of the 3/31/08 response to

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Plaintiffs' request for admissions by Defendant Appellees State of Florida by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/20/2009)
01/16/2009 101 MOTION for panel review of Defendant Richard A. Lazzara's arbitrary and abusive
orders and memorandum by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered:
01/20/2009)
01/16/2009 102 AFFIDAVIT of Jennifer Franklin Prescott and Dr. Jorg Busse in support of
supplemental complaint against Defendant Richard A. Lazzara and his prosecution by
Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/20/2009)
01/16/2009 103 MOTION for leave of court to supplement their complaint against defendant corrupt
Judge R. A. Lazzara for panel review of any and all orders and memorandum by Jorg
Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/20/2009)
01/16/2009 104 RESPONSE to clearly erroneous order [Doc. 52] and MOTION to strike 52 Order on
motion to compel, Order on motion to strike, Order on Motion for Miscellaneous Relief,
Order on motion for clarification, Order on motion to review, Order on motion for
protective order as overborad under procup. and memorandum by Jorg Busse, Jennifer
Franklin Prescott. (drn) (Entered: 01/20/2009)
01/16/2009 105 MOTION for recusal of Richard A. Lazzara, MOTION for panel review of any and all
orders, and memorandum by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered:
01/20/2009)
01/16/2009 106 MOTION to strike 52 Order on motion to compel, Order on motion to strike,Order on
Motion for Miscellaneous Relief, Order on motion for clarification, Order on motion to
review, Order on motion for protective order as overbroad under procup. P.
Appellants' motion to strike unauthorized forged O.R. 569/875 which was confiscatory,
uneforceably vague and invalid and memorandum by Jorg Busse, Jennifer Franklin
Prescott. (drn) (Entered: 01/20/2009)
01/16/2009 109 MOTION for miscellaneous relief, specifically for judicial notice of final order in John
Lay and Janet Lay vs. Dept. of Environmental Protection, DOAH Case No. 01-1541,
01-1542, and DEP Case No. 01-0860, 01-0876, which controverts the fraud under
color of unauthorized confiscatory and invalid forged O.R. 569/875 by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/20/2009)
01/16/2009 110 AFFIDAVIT of Jennifer Franklin Prescott in support of judgments against defendant
appellees and their criminal prosecution by Jorg Busse, Jennifer Franklin Prescott. (drn)
(Entered: 01/20/2009)
01/16/2009 111 MOTION for miscellaneous relief, specifically judicial notice of final order in John Lay
and Janet Lay vs. Dept. of Environmental Protection, DOAH Case No. 01-1541, 01-
1542, and DEP Case No. 01-0860, 01-0876, which controverts the fraud under color
of unauthorized confiscatory and invalid forged O.R. 569/875 by Jorg Busse, Jennifer
Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/20/2009)
01/16/2009 112 MOTION to strike 52 Order on motion to compel, Order on motion to strike, Order
on Motion for Miscellaneous Relief, Order on motion for clarification, Order on motion
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to review, Order on motion for protective order as overbroad under Procup, P.
Appellants' motion to strike unauthorized forged O.R. 569/875 which was confiscatory,
unenforceably vague and invalid and memorandum by Jorg Busse, Jennifer Franklin
Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 01/20/2009)
01/16/2009 113 AFFIDAVIT of Jennifer Franklin Prescott and Dr. Jorg Busse in support of judgment
on the merits and/or as a matter of law in favor of Plaintiff Appellants, and in support of
recusal of Def. M.A. Pizzo and R.A. Lazzara by Jorg Busse, Jennifer Franklin Prescott.
(drn) (Entered: 01/20/2009)
01/20/2009 107 ENDORSED ORDER denying as unnecessary 94 motion for judicial notice; denying as
unnecessary 95 motion for judicial notice ; denying as unnecessary 96 motion for judicial
notice; denying as unnecessary 100 motion for judicial notice. Signed by Judge Richard
A. Lazzara on 1/20/2009. (DMB) (Entered: 01/20/2009)
01/20/2009 108 ENDORSED ORDER denying 101 motion for panel review of Defendant Richard A.
Lazzara's arbitrary and abusive orders. Signed by Judge Richard A. Lazzara on
1/20/2009. (DMB) (Entered: 01/20/2009)
01/20/2009 114 ORDER denying 103 Motion to Supplement; denying 104 Motion to Strike; denying
106 Motion to Strike; denying 109 Motion for Judicial Notice; denying 111 Motion for
Judicial Notice; and denying 112 Motion to Strike Orders. Signed by Judge Richard A.
Lazzara on 1/20/2009. (SKH) (Entered: 01/20/2009)
01/20/2009 115 ORDER ATTACHED denying 105 Motion for recusal; denying 105 Motion for panel
review. Signed by Judge Richard A. Lazzara on 1/20/2009. (SKH) (Entered:
01/20/2009)
01/20/2009 116 MOTION to Appear Telephonically to Hearing on January 30, 2009 at 9:30 a.m. by
Board of Trustees of the Internal Improvement Trust Fund, Department of
Environmental Protection. (Russell, Reagan) Motions referred to Magistrate Judge Mark
A. Pizzo. (Entered: 01/20/2009)
01/20/2009 122 MOTION for judgment on the merits against Defendant Appellees State of Florida,
R.K. Russell, H.G. Vielhauer, T. Beason and K. Funchess in favor of Plaintiff
Appellants by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/22/2009)
01/20/2009 123 SUPPLEMENT re 65 Notice of interlocutory appeal and memorandum by Jorg Busse,
Jennifer Franklin Prescott. (drn) (Entered: 01/22/2009)
01/21/2009 117 EMERGENCY MOTION for recusal, MOTION for miscellaneous relief, specifically
to cancel hearing by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/21/2009)
01/21/2009 118 MEMORANDUM in support re 117 Motion for recusal, Motion for miscellaneous
relief filed by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/21/2009)
01/21/2009 119 ENDORSED ORDER granting 116 Motion to Appear Telephonically. Signed by Judge
Richard A. Lazzara for Unassigned Judge on 1/21/2009. (CCB) (Entered: 01/21/2009)
01/21/2009 120 ENDORSED ORDER: Upon due consideration, Plaintiff's Motion for Recusal (Dkt.
117) is denied for the same reasons the Court denied a previous motion for recusal by
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order entered January 20, 2009, at docket 115. Plaintiff's Motion to Cancel Hearing
(Dkt. 117) is likewise denied. Signed by Judge Richard A. Lazzara for Unassigned
Judge on 1/21/2009. (CCB) (Entered: 01/21/2009)
01/21/2009 124 MOTION for recusal of defendant R.A. Lazzara, MOTION for miscellaneous relief,
specifically cancellation of hearing based on concocted litigious history and unauthorized
threats of Rule 11 sanctions by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered:
01/22/2009)
01/21/2009 125 NOTICE of filing of their judicial complaint of misconduct or disability against defendant
Richard A. Lazzara in the U.S. Court of Appeals for the 11th Circuit by Jorg Busse,
Jennifer Franklin Prescott. (drn) (Entered: 01/22/2009)
01/22/2009 121 REPORT AND RECOMMENDATION re 2 Complaint filed by Jorg Busse, Jennifer
Franklin Prescott. Signed by Magistrate Judge Mark A. Pizzo on 1/22/2009. (JMF)
(Entered: 01/22/2009)
01/22/2009 126 ENDORSED ORDER denying Motion for Judgment (Dkt. 122) and denying Motion
for Recusal and miscellaneous relief (Dkt. 124). Signed by Judge Richard A. Lazzara for
Unassigned Judge on 1/22/2009. (CCB) (Entered: 01/22/2009)
01/23/2009 127 MOTION to Appear Telephonically to Hearing on January 30, 2009 at 9:30 a.m. by
John E. Steele, Sheri Polster Chappell, Circuit Judge Anderson, Circuit Judge Carnes,
Circuit Judge Barkett. (Anderson, M.) Motions referred to Magistrate Judge Mark A.
Pizzo. (Entered: 01/23/2009)
01/23/2009 128 ENDORSED ORDER granting 127 Motion to Appear Telephonically. Signed by Judge
Richard A. Lazzara for Unassigned Judge on 1/23/2009. (CCB) (Entered: 01/23/2009)
01/23/2009 129 EMERGENCY MOTION for miscellaneous relief, specifically to cancel hearing,
MOTION for recusal by Jorg Busse, Jennifer Franklin Prescott. (kma) (Entered:
01/23/2009)
01/23/2009 131 MEMORANDUM in support as to cancellation of hearing and unauthorized rule 11
sanctions re 129 Motion for miscellaneous reliefMotion for recusal filed by Jorg Busse,
Jennifer Franklin Prescott. (drn) (Entered: 01/26/2009)
01/23/2009 132 NOTICE of filing of lawsuit against Richard A. Lazzara, Mark Allan Pizzo, John Edwin
Steele, Sheri Polster Chappell, United States of America, Reagan K. Russell, State of
Florida, Kenneth M. Wilkinson, Sherri L. Johnson, Jack N. Peterson, Donna Marie
Collins, David M. Owen, Lee County, Florida, Toby P. Brigham, S. William Moore,
Brigham & Moore, LLP, M. Papalas, et al. by Jorg Busse, Jennifer Franklin Prescott.
(drn) (Entered: 01/26/2009)
01/23/2009 133 JUDICIAL COMPLAINT against defendants Richard A. Lazzara and Mark Allan
Pizzo filed by Jorg Busse, Jennifer Franklin Prescott.(drn) (Entered: 01/26/2009)
01/23/2009 134 NOTICE of filing of their judicial complaint of misconduct or disability against Defendant
Richard A. Lazzara in the U.S. Court of Appeals for the 11th Circuit by Jorg Busse,
Jennifer Franklin Prescott. (drn) (Entered: 01/26/2009)

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01/23/2009 135 SUPPLEMENTAL notice re 65 Notice of interlocutory appeal and memorandum by
Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/26/2009)
01/23/2009 136 MOTION for judgment on the merits against Defendant Appellees State of Florida,
R.K. Russell, H.G. Vielhauer, T. Beason, and K. Funchess in favor of Plaintiff
Appellants by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/26/2009)
01/26/2009 130 ENDORSED ORDER: Upon due consideration, Plaintiffs' Motion to Cancel Hearing
and for Recusal (Dkt. 129) is denied based on the Court's prior order entered January
20, 2009, at docket 115. Signed by Judge Richard A. Lazzara for Unassigned Judge on
1/26/2009. (CCB) (Entered: 01/26/2009)
01/26/2009 137 ENDORSED ORDER denying 136 Motion for Judgment. Signed by Judge Richard A.
Lazzara for Unassigned Judge on 1/26/2009. (CCB) (Entered: 01/26/2009)
01/27/2009 TRANSMITTAL to USCA forwarding certified copy of 123 Supplement with updated
docket sheet re 65 Notice of interlocutory appeal (kma) (Entered: 01/27/2009)
01/27/2009 138 MOTION to strike 121 REPORT AND RECOMMENDATION re 2 Complaint by
defendant Mark Allan Pizzo, because "case fixing" is illegal as set forth in J.F. Prescott et
al. v. R.A. Lazzara, et al. filed by Jorg Busse, Jennifer Franklin Prescott. (Attachments:
#(1) Exhibit)(drn) (Entered: 01/27/2009)
01/27/2009 139 MOTION for sanctions against defendant Kenneth M. Wilkinson by Jorg Busse,
Jennifer Franklin Prescott. (drn) (Entered: 01/27/2009)
01/27/2009 140 MOTION for sanctions against defendant Sherri L. Johnson by Jorg Busse, Jennifer
Franklin Prescott. (drn) (Entered: 01/27/2009)
01/27/2009 141 NOTICE of filing of Plaintiffs' motion to enjoin illegal "case fixing" and give full faith and
credit to Lay v. State of Florida by Jorg Busse, Jennifer Franklin Prescott. (drn)
(Entered: 01/27/2009)
01/27/2009 142 NOTICE of filing of complaint of serial "case fixing", corruption and conspiracy in the
Middle District of Florida to the Chief U.S. Circuit Judges by Jorg Busse, Jennifer
Franklin Prescott. (drn) (Entered: 01/27/2009)
01/27/2009 143 ENDORSED ORDER denying 138 Motion to Strike and denying [139 & 140]
Motions for Sanctions. Signed by Judge Richard A. Lazzara for Unassigned Judge on
1/27/2009. (CCB) (Entered: 01/27/2009)
01/29/2009 144 EMERGENCY MOTION to strike 121 REPORT AND RECOMMENDATION re 2
Complaint because defendant Pizzo refused to give full faith and credit to J. Lay v. and
J. Lay v. State of Florida and conspired to fix the cases filed by Jorg Busse, Jennifer
Franklin Prescott. (drn) (Entered: 01/29/2009)
01/29/2009 145 EMERGENCY MOTION for recusal of defendant "case fixing" Judges M.A. Pizzo and
R.A. Lazzara, MOTION to strike 121 REPORT AND RECOMMENDATION re 2
Complaint filed by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 01/29/2009)
01/29/2009 149 OBJECTION re 121 REPORT AND RECOMMENDATION re 2 Complaint and

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arbitrary and capricious fabrication of "passed resolution" filed by Jorg Busse, Jennifer
Franklin Prescott. (drn) (Entered: 01/30/2009)
01/29/2009 151 NOTICE of service of complaints upon def. corrupt Judges Richard A. Lazzara and
Mark A. Pizzo (Case No: 2:09-cv-41-FtM) by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 01/30/2009)
01/30/2009 146 ENDORSED ORDER denying 144 Motion to Strike; denying 145 Motion for Recusal;
and denying 145 Motion to Strike. Signed by Judge Richard A. Lazzara for Unassigned
Judge on 1/30/2009. (CCB) (Entered: 01/30/2009)
01/30/2009 147 ORDER ATTACHED, following hearing this day, that the Court will delay any ruling on
sanction for Plaintiff's failure to appear until after 10-day period for filing objections to
121 Judge Pizzo's 1/22/09 Report and Recommendation has expired. Signed by Judge
Richard A. Lazzara on 1/30/2009. (DMB) (Entered: 01/30/2009)
01/30/2009 148 Minute Entry. Proceedings held before Judge Richard A. Lazzara: Show Cause Hearing
held on 1/30/2009. Court Reporter: Claudia Spangler-Fry (MSS) (Entered:
01/30/2009)
01/30/2009 150 MOTION to strike 81 Notice of Hearing, 121 REPORT AND
RECOMMENDATION re 2 Complaint filed by Jorg Busse, Jennifer Franklin Prescott.
(drn) (Entered: 01/30/2009)
02/02/2009 152 EMERGENCY MOTION for miscellaneous relief, specifically for equitable relief
invalidation of forged, unauthorized and invalid O.R. 569/875, and for recusal and
removal of case fixing defendant judges, and Plaintiffs' objections to illegal case fixing
and memorandum by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibit)(drn) (Entered: 02/02/2009)
02/02/2009 153 EMERGENCY MOTION for miscellaneous relief, specifically to enjoin enforcement of
invalid O.R. 569/875 and for recusal and removal of case fixing defendant Judges and
Plaintiffs' objections to illegal case fixing, MOTION for recusal by Jorg Busse, Jennifer
Franklin Prescott. (drn) (Entered: 02/02/2009)
02/02/2009 154 ENDORSED ORDER denying 152 EMERGENCY MOTION for miscellaneous relief,
specifically for equitable relief invalidation of forged, unauthorized and invalid O.R.
569/875, and for recusal and removal of case fixing defendant judges, and Plaintiffs'
objections to illegal case fixing and memorandum by Jorg Busse, Jennifer Franklin
Prescott. Signed by Judge Richard A. Lazzara on 2/2/2009. (DMB) (Entered:
02/02/2009)
02/02/2009 155 ENDORSED ORDER denying 153 EMERGENCY MOTION for miscellaneous relief,
specifically to enjoin enforcement of invalid O.R. 569/875 and 153 EMERGENCY
MOTION for recusal and removal of case fixing defendant Judges and Plaintiffs'
objections to illegal case fixing. Signed by Judge Richard A. Lazzara on 2/2/2009.
(DMB) (Entered: 02/02/2009)
02/02/2009 157 NOTICE OF APPEAL from "case fixing", objections and motion for recusal of
defendant corrupt Judges Lazzara and Pizzo by Jorg Busse, Jennifer Franklin Prescott.
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Filing fee not paid. (Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 158 MOTION for recusal of defendant corrupt Judges Lazzara and Pizzo by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 159 NOTICE OF APPEAL from "case fixing" and objections to criminal "case fixing" and
def. Pizzo's "report" by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 160 OBJECTIONS to criminal "case fixing" and def. Pizzo's "report" re 121 REPORT AND
RECOMMENDATION re 2 Complaint filed by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 161 OBJECTIONS to criminal "case fixing" and imposition of unauthorized sanctions and
notice of appeal. (Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 162 NOTICE OF APPEAL by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 163 MOTION for recusal and notice of indisputable evidence of case fixing and objections
by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/03/2009)
02/02/2009 164 OBJECTION filed by Jorg Busse and Jennifer Franklin Prescott.(drn) (Entered:
02/03/2009)
02/02/2009 165 MOTION for miscellaneous relief, specifically full faith and credit of John Lay and Janet
Lay v. State of Florida and very strong objections to factually and legally impossible
reports (Doc. 121) by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 166 OBJECTIONS re 121 REPORT AND RECOMMENDATION re 2 Complaint filed
by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered:
02/03/2009)
02/02/2009 167 MOTION for recusal of defendant corrupt judges based on indisputable evidence of
case fixing, MOTION to strike 80 Order, 121 REPORT AND
RECOMMENDATION re 2 Complaint filed by Jorg Busse, Jennifer Franklin Prescott,
13 Order on motion for extension of time to answer by Jorg Busse, Jennifer Franklin
Prescott. (drn) (Entered: 02/03/2009)
02/02/2009 168 OBJECTIONS filed by Jorg Busse and Jennifer Franklin Prescott. (drn) (Entered:
02/03/2009)
02/02/2009 169 NOTICE of criminal complaints of case fixing to the Federal Bureau of Investigation by
Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered:
02/03/2009)
02/02/2009 170 OBJECTIONS to criminal "case fixing" and imposition of unauthorized sanctions and
notice of appeal. (Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 171 NOTICE OF APPEAL by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
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02/02/2009 173 MOTION to strike hearing and 121 REPORT AND RECOMMENDATION re 2
Complaint filed by Jorg Busse, Jennifer Franklin Prescott. (drn) (Entered: 02/03/2009)
02/02/2009 175 OBJECTIONS filed by Jorg Busse and Jennifer Franklin Prescott. (drn) (Entered:
02/03/2009)
02/02/2009 176 MOTION for mandatory recusal of defendant partial and corrupt Judges R.A. Lazzara
and M.A. Pizzo pursuant to 28 U.S.C. 455 and memorandum that said defendants
cannot dismiss plaintiff's complaint by Jorg Busse, Jennifer Franklin Prescott. (drn)
(Entered: 02/03/2009)
02/02/2009 177 NOTICE OF APPEAL by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 178 MOTION for recusal of defendant corrupt Judges Lazzara & Pizzo by Jorg Busse,
Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 179 OBJECTIONS filed by Jorg Busse and Jennifer Franklin Prescott (Attachments: #(1)
Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 180 NOTICE OF APPEAL by Jorg Busse, Jennifer Franklin Prescott. Filing fee not paid.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/02/2009 181 OBJECTIONS to criminal "case fixing" and re 121 REPORT AND
RECOMMENDATION re 2 Complaint filed by Jorg Busse, Jennifer Franklin Prescott.
(Attachments: #(1) Exhibit)(drn) (Entered: 02/03/2009)
02/03/2009 156 NOTICE by Mike Scott Notice of filing Motion to Dismiss Amended Complaint
Filed in State Court December 8, 2008 with Memorandum of Law in Support of
Motion to Dismiss (Lewis, John) (Entered: 02/03/2009)
02/03/2009 172 MOTION for sanctions pursuant to Rule 11 by Kenneth M. Wilkinson. (Johnson,
Sherri) (Entered: 02/03/2009)
02/03/2009 174 MOTION for sanctions pursuant to Rule 11 by Sherri L. Johnson. (Johnson, Sherri)
(Entered: 02/03/2009)
02/03/2009 182 MOTION for miscellaneous relief, specifically for full faith and credit of John Lay and
Janet Lay v. State of Florida and very strong objections to factually and legally
impossible resports by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1)
Exhibit)(drn) (Entered: 02/03/2009)
02/03/2009 183 OBJECTION re 121 REPORT AND RECOMMENDATION re 2 Complaint filed by
Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered:
02/03/2009)
02/03/2009 184 MOTION for recusal and notice of indisputable evidence of case fixing and objections
by Jorg Busse, Jennifer Franklin Prescott. (Attachments: #(1) Exhibit)(drn) (Entered:
02/03/2009)
02/03/2009 185 OBJECTIONS filed by Jorg Busse and Jennifer Franklin Prescott. (Attachments: #(1)
Exhibit)(drn) (Entered: 02/03/2009)
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02/04/2009 186 ORDER ATTACHED adopting 121 Report and Recommendations, dismissing case
with prejudice and directing clerk to enter judgment for Defendants, to terminate
pending motions/deadlines, and to not accept pleadings as directed by the attached
order. Signed by Judge Lazzara on 2/4/2009. (CCB) (Entered: 02/04/2009)
02/04/2009 187 JUDGMENT in favor of Board of Trustees of the Internal Improvement Trust Fund,
Brigham & Moore, LLP, Clerk of Lee County Clerks, Department of Environmental
Protection, Dept. Of Agriculture, Division of Forestry, Division of Recreation and Parks,
Lee County Attorney, Lee County Fire Department, Lee County, Florida, State Of
Florida, Barry R. Hillmyer, Chad Lach, Charles B. "Barry& Stevens, Charles J.
Ferrante, Charlie Green, Circuit Judge Anderson, Circuit Judge Barkett, Circuit Judge
Carnes, David M. Owen, Donna Marie Collins, Harold G. Vielhauer, J. Broomfield,
Jack N. Peterson, Jim Dent, John E. Steele, Karen L.W. Forsyth, Kenneth M.
Wilkinson, Lynn Gerald, Jr, Menelaos Papalas, Mike Scott, Reagan K. Russell, Rex
Shevitski, S. William Moore, Sheri Polster Chappell, Sherri L. Johnson, Steven W.
Carta, Susan Bailey, Toby Prince Brigham, Tom Beason, W. W. Wilhelm against
Jennifer Franklin Prescott, Jorg Busse (Signed by Deputy Clerk). (drn) (Entered:
02/04/2009)
02/05/2009 USCA appeal fees received $ 455 receipt number F011989 re 65 Notice of
interlocutory appeal filed by Jorg Busse and Jennifer Franklin Prescott. USCA #09-
10464D (kma) (Entered: 02/10/2009)
02/11/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 157 Notice of appeal. (kma) (Entered: 02/11/2009)
02/11/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 159 Notice of appeal. (kma) (Entered: 02/11/2009)
02/11/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 162 Notice of appeal. (kma) (Entered: 02/11/2009)
02/11/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 171 Notice of appeal. (kma) (Entered: 02/11/2009)
02/11/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 177 Notice of appeal. (kma) (Entered: 02/11/2009)
02/11/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 180 Notice of appeal. (kma) (Entered: 02/11/2009)
02/11/2009 TRANSMITTAL to USCA forwarding certified copy of docket sheet indicating
payment of appellate fees in re 65 Notice of interlocutory appeal USCA number: 09-
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10464D. (kma) (Entered: 02/11/2009)
02/13/2009 188 TRANSCRIPT information form filed by Jorg Busse, Jennifer Franklin Prescott before
Magistrate Judge Sheri Polster Chappell for pretrial proceeding held 11/07/09 in 2:07-
cv-228; before Magistrate Judge Mark A. Pizzo for hearing held 01/08/09 ; and, before
Judge Richard A. Lazzara for hearing held 01/30/09. USCA number: 09-10464D.
(kma) (Entered: 02/18/2009)
02/19/2009 189 COURT REPORTER ACKNOWLEDGMENT by Claudia Spangler-Fry re 180
Notice of appeal Estimated transcript filing date: No Financial Arrangements made for
cost of transcript. USCA number: 09-10464-D. (CS) (Entered: 02/19/2009)
02/23/2009 190 COURT REPORTER ACKNOWLEDGMENT by Linda Starr re 180 Notice of
appeal Estimated transcript filing date: No Financial Arrangements made for cost of
transcripts. USCA number: 09-10464-D. (SAH) (Entered: 02/24/2009)
02/23/2009 USCA appeal fees received $ 455 receipt number F012059 re 162 Notice of appeal
filed by Jorg Busse, Jennifer Franklin Prescott (kma) (Entered: 02/26/2009)
02/26/2009 191 COURT REPORTER ACKNOWLEDGMENT by Claudia Spangler-Fry re 180
Notice of appeal Estimated transcript filing date: 3/26/09. USCA number: 09-10464-D.
(CS) (Entered: 02/26/2009)
02/26/2009 TRANSMITTAL to USCA forwarding certified copy of updated docket sheet
indicating payment of filing fee re 162 Notice of appeal USCA number: 09-10747D.
(kma) (Entered: 02/26/2009)
02/27/2009 195 TRANSCRIPT information form filed by Jorg Busse and Jennifer Franklin Prescott for
proceedings held on 01/08/09 before Judge Mark A Pizzo and 01/30/09 before Judge
Richard A. Lazzara re 159 Notice of appeal. USCA number: 09-10746D. (kma)
(Entered: 03/04/2009)
02/27/2009 196 TRANSCRIPT information form filed by Jorg Busse and Jennifer Franklin Prescott for
proceedings held on 01/08/09 before Judge Mark A. Pizzo and 01/30/09 before Judge
Richard A. Lazzara re 157 Notice of appeal. USCA number: 09-10745D. (kma)
(Entered: 03/04/2009)
03/03/2009 198 COURT REPORTER ACKNOWLEDGMENT by Martina Reporting Services re 65
Notice of interlocutory appeal Estimated transcript filing date: 03/19/09. USCA number:
09-10464D. (kma) (Entered: 03/05/2009)
03/04/2009 192 TRANSCRIPT of Show Cause/Contempt Hearing held on 1/30/09 before Judge
Richard A. Lazzara re 180 Notice of appeal. Court Reporter Claudia Spangler-Fry,
Telephone number 813/301-5575. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER or purchased
through the Court Reporter. Redaction Request due 3/25/2009, Redacted Transcript
Deadline set for 4/6/2009, Release of Transcript Restriction set for 6/2/2009. (CS)
(Entered: 03/04/2009)
03/04/2009 193 NOTIFICATION that transcript has been filed by Claudia Spangler-Fry re: 180 Notice
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of appeal (CS) (Entered: 03/04/2009)
03/04/2009 194 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7)
calendar days to file with the court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript may be made remotely electronically
available to the public without redaction after 90 calendar days. Any party needing a
copy of the transcript to review for redaction purposes may purchase a copy from the
court reporter or view the document at the clerk's office public terminal. Court Reporter:
Claudia Spangler-Fry (CS) (Entered: 03/04/2009)
03/04/2009 197 TRANSCRIPT information form filed by Jorg Busse and Jennifer Franklin Prescott for
proceedings held on 01/08/09 before Judge Mark A. Pizzo and 01/30/09 before Judge
Richard A. Lazzara re 162 Notice of appeal. USCA number: 09-10747D. (kma)
(Entered: 03/04/2009)
03/04/2009 USCA appeal fees received $ 455 receipt number F012106 re 157 Notice of appeal
filed by Jorg Busse, Jennifer Franklin Prescott (kma) (Entered: 03/05/2009)
03/04/2009 USCA appeal fees received $ 455 receipt number F012107 re 159 Notice of appeal
filed by Jorg Busse, Jennifer Franklin Prescott (kma) (Entered: 03/05/2009)
03/05/2009 TRANSMITTAL to USCA forwarding certified copy of updated docket sheet
indicating payment of appellate fees re 157 Notice of appeal USCA number: 09-10745.
(kma) (Entered: 03/05/2009)
03/05/2009 TRANSMITTAL to USCA forwarding certified copy of updated docket sheet
indicating payment of appellate fees re 159 Notice of appeal USCA number: 09-10746.
(kma) (Entered: 03/05/2009)
03/20/2009 199 TRANSCRIPT of Show Cause Proceeding held on 8 JANUARY 2009 before Judge
MARK A. PIZZO re 159 Notice of appeal, 157 Notice of appeal. Court
Reporter/Transcriber LINDA STARR, Telephone number 813-301-5252. Transcript
may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER or purchased through the Court Reporter.
Redaction Request due 4/10/2009, Redacted Transcript Deadline set for 4/20/2009,
Release of Transcript Restriction set for 6/18/2009. (LS) (Entered: 03/20/2009)
03/20/2009 200 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7)
calendar days to file with the court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript may be made remotely electronically
available to the public without redaction after 90 calendar days. Any party needing a
copy of the transcript to review for redaction purposes may purchase a copy from the
court reporter or view the document at the clerk's office public terminal. Court Reporter:
Linda Starr (LS) (Entered: 03/20/2009)
03/20/2009 201 COURT REPORTER ACKNOWLEDGMENT and NOTIFICATION of filing by
Linda Starr re 65 Notice of interlocutory appeal. USCA number: 09-10464D. (kma)
(Entered: 03/27/2009)

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04/01/2009 202 ORDER of USCA (certified copy) dismissing, sua sponte, for lack of jurisdiction as to
65 Notice of interlocutory appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD:
03/30/09; USCA number: 09-10464-D. (slp) (Entered: 04/01/2009)
04/02/2009 203 ORDER of USCA (certified copy) dismissing, sua sponte, for lack of jurisdiction as to
157 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 03/31/09;
USCA number: 09-10745-D. (slp) (Entered: 04/03/2009)
04/02/2009 204 ORDER of USCA (certified copy) dismissing, sua sponte, for lack of jurisdiction as to
159 Notice of appeal filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 03/31/09;
USCA number: 09-10746-D. (slp) (Entered: 04/03/2009)
04/02/2009 206 ORDER of USCA dismissing appeal for lack of jurisdictionas to 162 Notice of appeal
filed by Jorg Busse, Jennifer Franklin Prescott. EOD: 03/31/09; USCA number: 09-
10747D. (kma) (Entered: 04/03/2009)
04/03/2009 205 NOTIFICATION that transcript has NOT been filed by Martina Reporting Services
See note on document USCA number: 09-10464D (kma) (Entered: 04/03/2009)
04/03/2009 TRANSMITTAL to USCA forwarding certified 205 with updated docket sheet (kma)
(Entered: 04/03/2009)
06/29/2009 207 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: # 1 Exhibit)(SLU) (Entered: 06/30/2009)
07/01/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 207 Notice of appeal. (slp) (Entered: 07/01/2009)
07/07/2009 208 NOTICE OF APPEAL from bribery, case-fixing, fraudulently begotten judgment(s) and
rulings, and fraud on the court under false pretenses that forged "land" "claim" O.R.
569/875 was a "resolution" by Jorg Busse, Jennifer Franklin Prescott. Filing fee not
paid. (Attachments: #(1) Exhibits)(drn) (Entered: 07/07/2009)
07/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 208 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 07/08/2009)
07/30/2009 209 Unopposed MOTION to substitute attorney by Kenneth M. Wilkinson. (Johnson,
Sherri) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 07/30/2009)
08/04/2009 210 ENDORSED ORDER granting 209 Motion to substitute attorney. Signed by Magistrate
Judge Mark A. Pizzo on 8/4/2009. (JMF) (Entered: 08/04/2009)
08/07/2009 211 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: #(1) Exhibit)(drn) (Entered: 08/10/2009)
08/07/2009 212 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: #(1) Exhibits)(drn) (Entered: 08/10/2009)

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08/10/2009 213 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: #(1) Exhibits)(drn) (Entered: 08/11/2009)
08/10/2009 214 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: #(1) Exhibits)(drn) (Entered: 08/11/2009)
08/12/2009 215 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: #(1) Exhibits)(drn) (Entered: 08/12/2009)
08/12/2009 216 NOTICE OF APPEAL as to 187 Judgment by Jorg Busse, Jennifer Franklin Prescott.
Filing fee not paid. (Attachments: #(1) Exhibits(drn) (Entered: 08/12/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 211 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 212 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 213 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 214 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 215 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 216 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 08/18/2009)
09/14/2009 217 ORDER of USCA (certified copy) dismissing non-consolidated appeals, sua sponte, for
lack of jurisdiction as to 207 Notice of appeal filed by Jorg Busse, Jennifer Franklin
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 28/29
6/16/2010 Lee County Property Appraiser - Onlin…

L EE COUNTY P ROPERTY A PPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00000.00A0


T AX YEAR 2009

Parcel data is available for the following tax years:


[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel | Tax Estimator ]

OWNERSHIP , LEGAL, S ALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE . LAND, BUILDING, VALUE AND E XEMPTION DATA ARE FROM THE 2009 ROLL.

PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]


LEE COUNTY
PO BOX 398
FORT MYERS FL 33902
SITE ADDRESS
GOVT LOT
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA PB 3 PG 25
ALL UNNUMBERED AND
ACCRETED LANDS

[ PICTOMETRY AERIAL VIEWER ]

TAXING DISTRICT DOR CODE


050 - COUNTY / NO FIRE DISTRICT 86 - COUNTIES - OTHER

PROPERTY VALUES (TAX ROLL


EXEMPTIONS ATTRIBUTES
2009)
[H ISTORY CHART ] HOMESTEAD 0 LAND UNITS OF
AC
JUST 1,074,100 WIDOW 0 MEASURE
ASSESSED 1,074,100 WIDOWER 0 TOTAL NUMBER OF
107.41
ASSESSED SOH 1,074,100 0 LAND UNITS
DISABILITY
TAXABLE 0 FRONTAGE 0
WHOLLY 1,074,100
BUILDING 0 DEPTH 0
AGRICULTURE 0
BUILDING INCL. IN BLDG
BEDROOMS
0 VALUE.
FEATURES BATHROOMS
leepa.org/Display/DisplayParcel.aspx?… 1/3
6/16/2010 Lee County Property Appraiser - Onlin…

LAND 1,074,100 TOTAL BUILDING SQFT


LAND INCL. IN LAND 1ST YEAR BUILDING ON
0 VALUE.
0
FEATURES TAX ROLL
SOH DIFFERENCE 0 HISTORIC DISTRICT NO

SALES/TRANSACTIONS
SALE OR TRANSACTION DETAILS VACANT /
DATE VERIFIER
PRICE NUMBER TYPE DESCRIPTION IMPROVED
100 12/1/1969 569/875 Add 01 Disqualified (Doc Stamp .70 / SP less th V
$100 / Other Disq)
There are 1 additional parcel(s) with this document
(may have been split after the transaction date)...
07-44-21-01-00001.0000

SOLID WASTE (GARBAGE) ROLL DATA


SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
C OLLECTION DAYS

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM LOOK-UP)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
TS 125124 0192 F 8/28/2008
Please contact Lee County DCD at 239-533-8597 option 4 to verify your flood zone status.

[ Show ] APPRAISAL DETAILS

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number ]

[ New Query | Parcel Queries Page | Lee PA Home ]

leepa.org/Display/DisplayParcel.aspx?… 2/3
6/16/2010 Federal Rules of Civil Procedure - Rule…

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Rule 44. Proving an Official Record

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(a) Means of Proving. Notes
20% of our costs. (1) Domestic Record.
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Each of the following evidences an official record — or an entry in it — that Procedure

Online is otherwise admissible and is kept within the United States, any state,
Certification district, or commonwealth, or any territory subject to the administrative or Attorneys: reach
Flexible judicial jurisdiction of the United States: interested clients by
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Start Today. (B) a copy attested by the offic er with legal custody of the record — or by
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the officer's deputy — and accompanied by a certificate that the officer
has custody. The certificate must be made under seal:

(i) by a judge of a court of record in the district or political subdivision


where the record is kept; or

(ii) by any public officer with a seal of office and with official duties in
the district or political subdivision where the record is kept.

(2) Foreign Record.

(A) In General. Each of the following evidences a foreign official record —


or an entry in it — that is otherwise admissible:

(i) an official publication of the record; or

(ii) the record — or a c opy — that is attested by an authorized person


and is accompanied either by a final certification of genuineness or by a
certification under a treaty or convention to which the United States and
the country where the record is located are parties.

(B) Final Certification of Genuineness. A final c ertific ation must certify the
genuineness of the signature and official position of the attester or of any
foreign official whose certificate of genuineness relates to the attestation
or is in a chain of certificates of genuineness relating to the attestation. A
final certification may be made by a secretary of a United States embassy
or legation; by a consul general, vice consul, or consular agent of the
United States; or by a diplomatic or consular official of the foreign country
assigned or accredited to the United States.

(C) Other Means of Proof. If all parties have had a reasonable opportunity
to investigate a foreign record's authenticity and ac curacy, the court may,
for good cause, either:

(i) admit an attested copy without final certification; or

(ii) permit the record to be evidenced by an attested summary with or


without a final c ertific ation.

(b) Lack of Record.


A written statement that a diligent searc h of designated records revealed no
record or entry of a specified tenor is admissible as evidence that the records
contain no such record or entry. For domestic records, the statement must be

www.law.cornell.edu/…/Rule44.htm 1/2
6/16/2010 Federal Rules of Civil Procedure - Rule…
authenticated under Rule 44(a)(1). For foreign records, the statement must
comply with (a)(2)(C)(ii).

(c) Other Proof.


A party may prove an offic ial record — or an entry or lack of an entry in it —
by any other method authorized by law.

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www.law.cornell.edu/…/Rule44.htm 2/2
FIXER’S FRAUD FOILED
BY Fed.R.Civ.P. 44

Judge Charlene E. Honeywell


PUBLIC CORRUPTION COMPLAINT

Judge Charlene E. Honeywell:


Stop your “vexatious” games of terror!

Stop your “frivolous” lies!

Don’t “Honey” the American People!

Show them the missing Complaint pages.

Don’t criminally deprive the Plaintiffs!

Prove title to facially forged “parcels”:

“12-44-20-01-00000.00A0”, and
“07-44-21-01-00001.0000”.

On June 22, 2010 …


PLAT BOOK 3, PAGE 25 (1912)
TRANSCRIPT OF 11/17/2009 ROGER ALEJO PERJURY

PLAINTIFFS-PETITIONERS DR. BUSSE & FRANKLIN PRESCOTT:


[VAB RECORD: 1:05:23 – 1:05:33; YOU TUBE: 1:54 - 2:04]
“Is our riparian Gulf-front land parcel, ending on 015A [Parcel # 12-44-20-
01-00015.015A] bounded by the natural boundary of the Gulf of Mexico?
YES or NO?”

Defendant Special Magistrate LORI L. RUTLAND:


[VAB RECORD: 1:05:34 – 1:05:42; YOU TUBE: 2:05 – 2:12]
“Mr. Alejo, does the property have the Gulf of Mexico next to it? Is it right up
next to the Gulf of Mexico?”

Defendant ROGER ALEJO:


[VAB RECORD: 1:05:42 – 1:05:43; YOU TUBE: 2:13 – 2:15]
“YES, Ma’am.”

ROGER ALEJO’S PERJURY & FRAUD ON YOU TUBE

http://www.youtube.com/watch?v=OYp-Mb242D0
FIXER:
Honey well just pay me and I’ll fix it

Judge Charlene E. Honeywell


6/16/2010 Official site of the U.S. District Court f…

This is Google's cache of http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgHoneywell.htm. It is


a snapshot of the page as it appeared on May 24, 2010 07:27:49 GMT. The current page
could have changed in the meantime. Learn more

These search terms are highlighted: charlene edwards honeywell Text-only version

The Honorable Charlene Edwards Honeywell Jacksonville Judges


United States District Judge Orlando Judges

Ft. Myers Division Ocala Judges

TEL: 239-461-2170 Tampa Judges


FAX: 239-461-2179
Ft. Myers Judges
Biography:
All Judges

Charlene Edwards Honeywell is a United States District Judge


for the Middle District of Florida. She was appointed by President
Obama in November 2009. Prior to that appointment, Judge Federal Court Judges Practice
Honeywell served as a Circuit Court Judge for the Thirteenth Guide
Judicial Circuit, Tampa, Florida. She was appointed to that
position by Governor Jeb Bush in 2000.

Judge Honeywell graduated from Howard University, cum laude, in


May 1979 and from the University of Florida's Levin College of
Law in 1981. From 1982 to 1985, she served in the Tallahassee
Public Defender's Office, first, as an appellate attorney and then
as a trial attorney. Judge Honeywell then spent two years as an
assistant public defender in the Tampa Public Defender's office.
From 1987 to 1994, she worked as an Assistant City Attorney for
the City of Tampa, where she was the chief of the litigation
department. Judge Honeywell also spent six years as a litigation
attorney and shareholder at the Tampa law firm Hill, Ward &
Henderson. In 1994, Judge Honeywell served as a County Court
Judge for the Thirteenth Judicial Circuit in Florida.

Chambers Staff:

Bettye G. Samuel Nefertari S. Rigsby Michael A.


Judicial Assistant Law Clerk Pusateri
239-461-2170 239-461-2173 Law Clerk
Odd Numbered Cases 239-461-2174
Even Numbered Cases

Joy Stancel Libby Figgers


Court Reporter Courtroom Deputy
239-461-2064 239-461-2005

…googleusercontent.com/search?q=ca… 1/2
FIXER:
Honey well just pay me and I’ll fix it

Just call me …

… I always have a “resolution”:

• “VEXATIOUS”

• VANISHING COMPLAINTS

• “FRIVOLOUS” …

Judge Charlene E. Honeywell


CERTIFIED DELIVERY

EMERGENCY MOTION FOR EQUAL COURT ACCESS

7. Again, the Plaintiffs move for equal court access in this electronic Court. For the criminal

purpose of extending and concealing Governmental fraud and extortion scheme O.R. 569/875”,

this Court has obstructed the pro se Plaintiffs’ electronic Court access. Here, electronic court

access is the only practical court access from remote parts of the world where mail is

unavailable.

JUDICIAL CRIMES & OBSTRUCTION OF JUSTICE

8. In Doc. # 338, p. 12, Civil Rights Case # 2:07-cv-228-FtM-JES-SPC, Defendant crooked Judge

John Edwin Steele expressly verbalized his obstruction of justice and prejudice:

“The copy of the Resolution attached to the Third Amended Complaint establishes
that it was signed, executed, and duly recorded in the public records, and plaintiff
will not be allowed to assert otherwise.”

3
Honey well
that Gulf spill ain’t any emergency…

Judge Charlene E. Honeywell


6/16/2010 Lee County Property Appraiser - Onlin…

L EE COUNTY P ROPERTY A PPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00000.00A0


T AX YEAR 2009

Parcel data is available for the following tax years:


[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel | Tax Estimator ]

OWNERSHIP , LEGAL, S ALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE . LAND, BUILDING, VALUE AND E XEMPTION DATA ARE FROM THE 2009 ROLL.

PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]


LEE COUNTY
PO BOX 398
FORT MYERS FL 33902
SITE ADDRESS
GOVT LOT
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA PB 3 PG 25
ALL UNNUMBERED AND
ACCRETED LANDS

[ PICTOMETRY AERIAL VIEWER ]

TAXING DISTRICT DOR CODE


050 - COUNTY / NO FIRE DISTRICT 86 - COUNTIES - OTHER

PROPERTY VALUES (TAX ROLL


EXEMPTIONS ATTRIBUTES
2009)
[H ISTORY CHART ] HOMESTEAD 0 LAND UNITS OF
AC
JUST 1,074,100 WIDOW 0 MEASURE
ASSESSED 1,074,100 WIDOWER 0 TOTAL NUMBER OF
107.41
ASSESSED SOH 1,074,100 0 LAND UNITS
DISABILITY
TAXABLE 0 FRONTAGE 0
WHOLLY 1,074,100
BUILDING 0 DEPTH 0
AGRICULTURE 0
BUILDING INCL. IN BLDG
BEDROOMS
0 VALUE.
FEATURES BATHROOMS
leepa.org/Display/DisplayParcel.aspx?… 1/3
6/16/2010 Lee County Property Appraiser - Onlin…

LAND 1,074,100 TOTAL BUILDING SQFT


LAND INCL. IN LAND 1ST YEAR BUILDING ON
0 VALUE.
0
FEATURES TAX ROLL
SOH DIFFERENCE 0 HISTORIC DISTRICT NO

SALES/TRANSACTIONS
SALE OR TRANSACTION DETAILS VACANT /
DATE VERIFIER
PRICE NUMBER TYPE DESCRIPTION IMPROVED
100 12/1/1969 569/875 Add 01 Disqualified (Doc Stamp .70 / SP less th V
$100 / Other Disq)
There are 1 additional parcel(s) with this document
(may have been split after the transaction date)...
07-44-21-01-00001.0000

SOLID WASTE (GARBAGE) ROLL DATA


SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
C OLLECTION DAYS

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM LOOK-UP)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
TS 125124 0192 F 8/28/2008
Please contact Lee County DCD at 239-533-8597 option 4 to verify your flood zone status.

[ Show ] APPRAISAL DETAILS

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number ]

[ New Query | Parcel Queries Page | Lee PA Home ]

leepa.org/Display/DisplayParcel.aspx?… 2/3
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
[“TRANSFERRED” FROM: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,


Plaintiffs,

versus Reassigned Case # 2:09-CV-00791-CEH-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER


DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE
OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD
LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED
STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P.
RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON
ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES;
GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL;
WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM
GILBERTSON, RYAN LENGERICH, NEWS PRESS,
Defendants.

NOTICE OF PUBLIC CORRUPTION

____________________________________________________________________________/

EMERGENCY MOTION FOR RECUSAL OF DEFENDANT CROOKED JUDGE

CHARLENE EDWARDS HONEYWELL

PUBLIC NOTICE & PUBLICATIONS OF

JUDICIAL CORRUPTION & CONSPIRACY TO CONCEAL U.S. FRAUD

EMERGENCY MOTION FOR RECUSAL OF CORRUPT JUDGE HONEYWELL


U.S. CORRUPTION SPILL

OBAMA & O.R. 569/875

“RECKLESS …
4
CRIMINAL EMERGENCIES IN HONEYWELL’S CORRUPTED COURT

1. Honeywell’s CONTEMPT of the LAW has been an EMERGENCY.

2. NOT even READING Plaintiffs’ Complaint was an EMERGENCY.

3. Idiotically attaching a facially fraudulent “lien” against real property, which Government

purportedly owned blew the lid on judicial and Governmental CORRUPTION and was an

EMERGENCY …

4. Criminally concealing prima facie Governmental forgeries of non-existent, un-platted, and

legally un-described “land” “parcels” such as here, e.g., “12-44-20-01-00000.00A0” and “07-

44-21-01-00001.0001”. See Plat Book 3, Page 25 (1912).

5. Fraudulent judicial pretenses that the adjudication of fundamental property rights and

ownership was purportedly a “legislative function” and could be done by “resolution” or

“law” outside a court of law were of course EMERGENCIES and threats to America’s

democracy. See Florida Attorney General Opinion, AGO 78-125.

6. Letting anyone scribble a “claim” on a piece of paper for the CRIMINAL purposes of

ROBBING hundreds of Acres of pristine Gulf-front lands [fake parcels” “12-44-20-01-

00000.00A0”; and “07-44-21-01-00001.0000”] under facially fraudulent pretenses of

“frivolity” and “vexatiousness” were prima facie EMERGENCIES. See Governmental scam

“O.R. 569/875”.

7. Here, said judicial anarchy, lawlessness, corruption, and robbery were EMERGENCIES.

8. Deliberately disrupting the judicial proceedings with facially fake claims of a “resolution”

[“O.R. 569/875”], “vexatiousness”, and “frivolity” prior to any legitimate “final”

determinations” were EMERGENCIES.

9. U.S. Judges accepting Defendants’ bribes were EMERGENCIES.

2
10. Deliberate and premeditated judicial perversions of Florida’s Uniform Title Standards,

Florida’s Marketable Record Title Act, Eminent Domain Statutes, and Constitution

were extraordinary EMERGENCIES.

11. Criminally concealing fraudulent and forged Lee County “SALES/TRANSACTIONS”,

“O.R. 569/875” was an EMERGENCY:

“O.R. 569/875”

12. Here, no intelligent, honest, and competent judge in Honeywell’s shoes could have

possibly NOT seen said EMERGENCIES and the threats of Governmental

CORRUPTION to democracy in the U.S.

13. Here, no competent, intelligent, and honest judge in Honeywell’s shoes could have

possibly NOT seen the EMERGENCIES of Honeywell’s facially idiotic, arbitrary,

capricious, and corrupted orders …

14. Crooked Judges like Ms. Honeywell “see” things differently, because corruption and/or

bribes disrupt fair and just vision of law and the facts:

Ms. Honeywell, perhaps the oil spill in the Gulf of Mexico is not an emergency …

3
“O.R. 569/875”
Court Case No. Filed NOS Closed
Name
1 BUSSE, JORG flmdce 2:2009cv00041 01/23/2009 890 02/11/2009
2 BUSSE, JORG flmdce 2:2010cv00089 02/09/2010 440
3 BUSSE, JORG flmdce 2:2007cv00228 04/10/2007 440 05/06/2008
4 BUSSE, JORG flmdce 2:2009cv00341 05/26/2009 440 06/04/2009
5 BUSSE, JORG flmdce 2:2008cv00364 05/07/2008 440 07/25/2008
6 BUSSE, JORG flmdce 2:2009cv00602 09/11/2009 440 11/05/2009
7 BUSSE, JORG flmdce 2:2009cv00791 12/04/2009 440
8 BUSSE, JORG flmdce 2:2008cv00899 12/05/2008 440 02/04/2009

5
Charlene Edwards Honeywell
FEAR FOR YOUR LIFE
U.S. PUNISHMENT & ‘SANCTIONS’

U.S. COVER-UP OF SCAM O.R. 569/875:

U.S. JUDICIAL CASE FIXING:


DEPRIVE – DEFRAUD – DENY
DISALLOW – DISMISS

U.S. JUDICIAL FRIVOLITY SCAM


FEAR FOR YOUR LIFE
SECRETS OF U.S. JUDICIAL TERROR

SECRET 1: Judicial bribery & corruption are customary and TYPICAL.

SECRET 2: U.S. democracy is DEAD. Don’t be a naïve sheep!

SECRET 3: Any faith in U.S. justice is your foe. There is NONE, so deal with it!

SECRET 4: Facts, law, reason, logic CANNOT possibly stop the judicial case fixing machine.

SECRET 5: Lawyers play along to get along – Don’t waste your money & time!

SECRET 6: The Mafia is cute compared to the U.S. judicial gang. They even wear colors.

SECRET 7: Expect terror & threats as if you were in Nazi Germany. Watch for the smell of gas!

SECRET 8: Trained for terror, only the most corrupt judges succeed on America’s benches.

SECRET 9: NOTHING favorable will ever happen in your case – Face reality & STOP being a fool!

SECRET 10: By agreement, pro se Plaintiffs will NEVER win any important or critical case.

SECRET 11: America is NOT what you have been brain washed to believe: Spell CORRUPTION!

SECRET 12: Do NOT appear in court or party with the Mafia. Plain and short, it could be unhealthy.

SECRET 13: Property, life, and freedom mean LESS in America than in China. Go travel and see!

SECRET 14: Before you disappear, leave lots of information. Someone might read it. Good luck!

God bless America, Anarchy, BP, Corruption, and


Judge Charlene Edwards Honeywell.
6/16/2010 Lee County Property Appraiser - Onlin…

L EE COUNTY P ROPERTY A PPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00015.015A


T AX YEAR 2009

Parcel data is available for the following tax years:


[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel | Tax Estimator ]

OWNERSHIP , LEGAL, S ALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE . LAND, BUILDING, VALUE AND E XEMPTION DATA ARE FROM THE 2009 ROLL.

PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]


BUSSE JORG +
PRESCOTT JENNIFER F T/C
PO BOX 1126
NAPLES FL 34106
SITE ADDRESS
ACCESS UNDETERMINED
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA
PB 3 PG 25
LOT 15A

[ PICTOMETRY AERIAL VIEWER ]

TAXING DISTRICT DOR CODE


050 - COUNTY / NO FIRE DISTRICT 00 - VACANT RESIDENTIAL

PROPERTY VALUES (TAX ROLL


EXEMPTIONS ATTRIBUTES
2009)
[ HISTORY CHART ] HOMESTEAD 0 LAND UNITS OF MEASURE LT
JUST 32,000 WIDOW 0 TOTAL NUMBER OF LAND
1.00
ASSESSED 32,000 WIDOWER 0 UNITS
ASSESSED SOH 32,000 DISABILITY 0 FRONTAGE 50
TAXABLE 32,000 WHOLLY 0 DEPTH 135
BUILDING 0 AGRICULTURE 0 BEDROOMS
BUILDING INCL. IN BLDG BATHROOMS
0
leepa.org/Display/DisplayParcel.aspx?… 1/3
6/16/2010 Lee County Property Appraiser - Onlin…
0 VALUE.
FEATURES TOTAL BUILDING SQFT
LAND 32,000 1ST YEAR BUILDING ON TAX
0
LAND INCL. IN LAND ROLL
0 VALUE.
FEATURES HISTORIC DISTRICT NO
SOH DIFFERENCE 0

SALES/TRANSACTIONS
SALE TRANSACTION DETAILS VACANT /
DATE OR NUMBER VERIFIER
PRICE TYPE DESCRIPTION IMPROVED
100 4/16/2008 2008000101396 Add 01 Disqualified (Doc Stamp .70 / SP V
less th $100 / Other Disq)
142,500 4/30/2004 4300/474 Add 06 Qualified (Fair Market Value / V
Arms Length / One STRAP #)
250,000 9/19/2002 3739/4150 Add 02 Qualified (Multiple STRAP # / 06- V
09I)
There are 3 additional parcel(s) with this
document (may have been split after the
transaction date)...
12-44-20-01-00014.0130, 07-44-
21-01-00034.0120, 07-44-21-01-
00034.0130
9,000 1/1/1996 2670/4117 Add 06 Qualified (Fair Market Value / V
Arms Length / One STRAP #)

PARCEL NUMBERING HISTORY


CREATION DATE - 1/1/1992

PRIOR STRAP RENUMBER REASON RENUMBER DATE


12-44-20-01-00015.011A Split (From another Parcel)

SOLID WASTE (GARBAGE) ROLL DATA


SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
C OLLECTION DAYS

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM LOOK-UP)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
leepa.org/Display/DisplayParcel.aspx?… 2/3
6/16/2010 Lee County Property Appraiser - Onlin…
1 125124 0192 F 8/28/2008
Please contact Lee County DCD at 239-533-8597 option 4 to verify your flood zone status.

[ Show ] APPRAISAL DETAILS

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number ]

[ New Query | Parcel Queries Page | Lee PA Home ]

This page was last updated on

leepa.org/Display/DisplayParcel.aspx?… 3/3
Advisory Legal Opinion - Municipalities, vacation of streets and roads Page 1 of 6

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page as it appeared on Apr 23, 2009 23:14:42 GMT. The current page could have changed in the meantime.
Learn more

These search terms are highlighted: united states v 16.33 acres Text-only version

Florida Attorney General


Advisory Legal Opinion
Number: AGO 78-125
Date: October 24, 1978
Subject: Municipalities, vacation of streets and roads

David B. Higginbottom
City Attorney
Frostproof

QUESTION:

Is a municipality authorized by law to require abutting landowners


who request vacation of a public street to prove a revesionary
interest in the property and pay for the proportionate costs of an
appraisal and for the proportionate appraised value of such property
interest as conditions to the vacation?

SUMMARY:

A municipality possesses no authority under the Municipal Home Rule


Powers Act to require property owners whose land abuts a dedicated
public street to 'prove a reversionary interest' or any other
property interest or property right in the streetbed prior to and as
a condition to the vacation of such street. The determination and
adjudication of property rights is a judicial function which may not
be exercised by the legislative branches of government; hence any
such exercise by a municipality does not constitute a lawful exercise
of a municipal governmental power for a municipal purpose. In
addition, while the vacation of streets in the public interest or
when the streets are no longer required for public use is a
legislative function which may be performed by a municipality, a
municipality possesses neither statutory nor constitutional authority
to exact payment for or otherwise interfere with the property rights
of landowners whose property abuts a public street as conditions to
or in exchange for the exercise of its power to vacate streets no
longer required for public use.

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Advisory Legal Opinion - Municipalities, vacation of streets and roads Page 2 of 6

Your letter advises that the Frostproof City Council has adopted a
'motion' which reads as follows:

[I]n the future a qualified appraiser [shall] be used by the city


to set the value of a street (to become property) when requested
for closure. The person or persons making the request would have
to bear the expense of the appraisal and proof of a reversionary
clause. They would be notified and bills [sic] for the appraised
property value before actual closing of the street could take
place. Payment to be made on date of actual closing.

Section 2(b), Art. VIII, State Const., provides in pertinent part:

Municipalities shall have governmental, corporate and proprietary


powers to enable them to conduct municipal government, perform
municipal functions and render municipal services, and may
exercise any power for municipal purposes except as otherwise
provided by law. (Emphasis supplied.)

Statutory implementation of the broad grant of home rule is provided


by Ch. 166, F. S., the Municipal Home Rule Powers Act. Section
166.051(1), F. S., of that act states in relevant part that
'municipalities . . . may exercise may power for municipal purposes,
except when expressly prohibited by law.' (Emphasis supplied.) Thus,
it is clear that the only limitation upon the exercise of power by a
municipality is that it must be exercised for a municipal purpose.
State v. City of Sunrise, 354 So.2d 1206, 1209 (Fla. 1977).

Although the phrase 'municipal purposes' is not defined by the


constitution, it is defined by s. 166.021(2), F. S., as 'any activity
or power which may be exercised by the state or its political
subdivisions.' But see City of Miami Beach v. Forte Towers, Inc., 305
So.2d 764, 765-769 (Fla. 1974) (Dekle, J., concurring), in which
Justice Dekle observed:

It is not the definition of municipal purposes found in . . . s.


166.021(2) that grants power to the municipality . . . but rather
the provision of . . . s. 166.021(1) which expressly empowers
municipalities to 'exercise any power for municipal purposes,
except when expressly prohibited by law.'

It is a fundamental principal in this state that the determination


and adjudication of property rights is a judicial function which
cannot be performed by the Legislature. Hillsborough County v.
Kensatt, 144 So. 393 (Fla. 1932); State Plant Board v. Smith, 110
So.2d 401 (Fla. 1959); Daniels v. State Road Dept., 170 So.2d 846
(Fla. 1964). Legislation which constitutes an invasion of the

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province of the judiciary is invalid. Thursby v. Stewart, 138 So. 742


(Fla. 1931); Simmons v. State, 36 So.2d 207 (Fla. 1948). Thus, while
the vacation of streets is a legislative function which may be
validly delegated to municipalities (see Sun Oil Company v. Gerstein,
206 So.2d 439, 440 (3 D.C.A. Fla., 1968), AGO 075-171), no
legislative body (whether state, county, or municipal) is authorized
to invade private property rights or require abutting property owners
to prove a reversionary or any other interest in real property as a
condition to the vacation of a public street. Accordingly, the action
taken by the Frostproof City Council does not constitute a municipal
purpose; and, therefore, it is outside the scope of municipal home
rule powers possessed by the municipality.

Moreover, under the general rule, the interest acquired in land by a


municipal corporation for street purposes is held in trust for the
benefit of all the public, regardless of whether the corporation owns
the fee or has merely an interest therein. Sun Oil Company v.
Gerstein, supra; 30 Am. Jur.2d Highways Streets and Bridges s. 159. A
municipality is empowered to vacate streets only when the vacation is
in the public interest or when the street is no longer required for
public use and convenience. 64 C.J.S. Municipal Corporations s. 1668.
Consequently, in AGO 078-118, I noted, as a caveat, with respect to
the vacation of county roads:

[I]f the general public is using the roads and streets in


question (including public service vehicles such as garbage
trucks, police, fire or emergency vehicles), then the county
should not close or vacate the roads or streets in question as
such vacation would be injurious to the public welfare or violate
individual property rights.

Applying these principles to your inquiry, it is clear that the


city council should not undertake to vacate any streets in the
absence of a determination that the general public would benefit
from the vacation or that such streets are no longer required for
the public use and convenience.

As to whether a municipality is authorized to exact charges or


payments from abutting landowners as a condition to or in
exchange for the vacation of a public street, it is necessary to
analyze the property interests possessed by the public and the
abutting or adjoining landowners in public streets.

Recently, in AGO's 078-63, 078-88, and 078-118, I examined the


elements and effect of the dedication of property for public use.
There are two basic requirements to the existence of a valid
dedication to the public. First, there must be a clearly
manifested intention by the owner of the property to dedicate it
to public use. Second, the public, through its authorized agents,
must clearly show its intent to accept the dedication. City of

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Miami v. Florida East Coast Railway Co., 84 So. 726 (Fla. 1920);
Roe v. Kendrick, 200 So. 394 (Fla. 1941). An offer of dedication
to the public may be accomplished by making and recording a plat
and selling lots with reference thereto. See, e.g., Florida East
Coast Railway Co. v. Worley, 38 So. 618 (Fla. 1905); Miami Beach
v. Undercliff Realty and Investment Co., 21 So.2d 783 (Fla.
1945); and see, s. 177.081, F. S.

However the dedication to the public is accomplished, it is clear


that such dedication does not have the effect of transferring
legal title from the grantor to the public. To the contrary, the
fee remains in the grantor (or his grantees) while the public
acquires only a right of easement in trust, so long as the
dedicated land is used for the intended purpose of the
dedication. Attorney General Opinion 078-118. Unless otherwise
specifically provided in the conveyance, the legal title of the
grantor in the dedicated property passes to the grantees of those
lots sold with reference to a plat, which lots abut the dedicated
streets. Their title extends to the center of the street subject
to the public easement. Walker v. Pollack, 74 So.2d 886 (Fla.
1954); Smith v. Horn, 70 So. 435 (Fla. 1915); New Fort Pierce
Hotel Co. v. Phoenix Tax Title Corp., 171 So. 525 (Fla. 1936);
United States v. 16.33 Acres of Land in County of Dade, 342 So.2d
476, 480 (Fla. 1977); cf. Emerald Equities v. Hutton, 357 So.2d
1071 (2 D.C.A. Fla., 1978). Therefore, a street in which the
public has only an easement when properly vacated ceases to be a
street; the abutting landowners continue to hold fee simple title
to the center of the vacated roadbed unencumbered by the
easement. Smith v. Horn, supra; Robbins v. White, 42 So. 841,
843-844 (Fla. 1907); AGO 078-118.

See also s. 177.081(1), F. S., providing that every plat of a


subdivision filed for record must contain a dedication by the
developer; s. 177.081(2), F. S., providing that all streets,
rights-of-way, and public areas shown on plats approved by the
affected local governments shall be deemed dedicated to the
public for the uses and purposes stated in such plat, unless
otherwise stated therein by the dedicator; s. 177.085(1), F. S.,
providing that when any landowner subdivides his land and
dedicates streets or roadways on the plat but reserves unto the
dedicator the reversionary interests in the dedicated streets or
roadways, and thereafter conveys abutting lots, such conveyance
carries with it the reversionary interest in the abutting street
to the center line, unless the landowner clearly provides
otherwise in the conveyance; and s. 177.085(2), F. S., providing
that prior holders of any interest in the reversionary rights in
the streets and roads in recorded plats of subdivided lots, other
than the owners of abutting lots, 'shall have 1 year from July 1,
1972, to institute suit . . . to establish or enforce the right,'
and that, if no such action is instituted within that time, any

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right, title, or interest and all right of reversion shall be


barred and unenforceable.

With regard to the instant inquiry, therefore, it is apparent


that the Frostproof City Council does not 'own' streets which
have been dedicated to public use. Cf. AGO 078-118 in which this
office concluded that a county was not authorized to convey or
transfer ownership and control of dedicated streets to a
'homeowners association' since the county possessed no legal
title in the property which it could convey or transfer. Under
such circumstances, there would appear to be no legal basis upon
which the city could require abutting fee owners to pay to secure
property interests which they already possess. See McQuillin
Municipal Corporations s. 30.189, at 123 (3rd rev. ed. 1977),
stating: 'A municipality is not entitled to compensation for loss
of a public easement in streets in which it does not own the
fee.' Accord: Lockwood & Strickland Co. v. City of Chicago, 117
N.E. 81, 82 (Ill. 1917), in which the court held, among other
things:

[I]t would be beyond the power of the city to grant or convey to


a private person or corporation the ground embraced in a vacated
street or alley. Whether a city owns the fee in an alley or
merely an easement, when it is vacated because no longer needed
for public use, the law disposes of the reversionary interest,
and the reversionary rights cannot be granted or conveyed by the
city. . . . Whether the alley was no longer needed for public
use, and whether the public interest would be subserved by its
vacation, could not be made to depend on how much the city could
get for its action. The legislative powers of a city must be
exercised for the public benefit, but that does not authorize a
municipality to sell or bargain legislation as a means of
obtaining revenue.

The State Constitution provides that all natural persons shall have
the inalienable right 'to acquire, possess and protect property . .
..' Section 2, Art. I, State Const. Additionally, s. 9, Art. I, State
Const., provides that no person 'shall be deprived of . . . property
without due process of law . . ..' Section 6, Art. X, State Const.,
states that '[n]o private property shall be taken except for a public
purpose and with full compensation therefor . . ..' Thus, the
acquisition, possession, enjoyment, use, and alienation of property
and property rights are controlled by constitutional law and the
common law. Moreover, the term 'property' for purposes of the above-
cited constitutional provisions includes more than the abutting
landowner's fee simple title. As stated in Seldon v. City of
Jacksonville, 10 So. 457, 459 (Fla. 1891):

There is incident to abutting property, or its ownership, even

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where the abutter's fee or title does not extend to the middle of
the street, but only to its boundary, certain property rights
which the public generally do not possess. They are the right of
egress and ingress from and to the lot by the way of the street,
and the right of light and air which the street affords. Viewing
property to be not the mere corporal subject of ownership, but as
being all the rights legally incidental to the ownership of such
subject, which rights are generally said to be those of user,
exclusion, and disposition, or the right to use, possess, and
dispose of, . . . we are satisfied that the rights just mentioned
are within the meaning of the word 'property,' as it is used in
this constitutional provision. [10 So. 457, 459 (1891)
(construing s. 12, Declar. Rts., State Const. 1885, in part a
predecessor of s. 6, Art. X, State Const.).]

See also Lutterloh v. Mayor and Council of Town of Cedar Keys, 15


Fla. 306, 308 (1875); City of Miami v. East Coast Ry. Co. , 84 So.
726, 729 (Fla. 1920); McCorquodale v. Keyton, 63 So.2d 906 (Fla.
1956); Monell v. Golfview Road Association, 359 So.2d 2 (4 D.C.A.
Fla., 1978).

Accordingly, it has been held that the rights of abutting or adjacent


purchasers depend on principles of law applicable to private property
rather than public dedication since these rights depend upon a
'private easement implied from sale with reference to a plat showing
streets [etc.]' rather than upon any dedication to the public
generally. Burnham v. Davis Islands, Inc., 87 So.2d 97, 100 (Fla.
1956). An abutting landowner may be entitled to compensation from a
public body when it vacates a public street for consequent loss of
access to such landowner's property on the theory that a property
right has been taken without compensation. See Pinellas County v.
Austin, 323 So.2d 6, 8 (2 D.C.A. Fla., 1975). If follows, then, that
the several property interests of abutting landowners are subject to
constitutional protection. Clearly the attempt by a municipality to
usurp private property rights or property interests or to barter or
sell such property rights as conditions to or in exchange for the
exercise of its legislative power to vacate streets no longer
required for public use, does not constitute a municipal purpose and
is outside the scope of municipal home rule powers.

Prepared by:

Patricia R. Gleason
Assistant Attorney General

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satisfactory title evidence.

24 C.F.R. § 203.385 Types of satisfactory title evidence.


Title 24 - Housing and Urban Development

Title 24: Housing and Urban Development


PART 203—SINGLE FAMILY MORTGAGE INSURANCE
Subpart B—Contract Rights and Obligations
Property Title Transfers and Title Waivers

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§ 203.385 Types of satisfactory title evidence.

The following types of title evidence shall be satisfactory to the Commissioner:

(a) Fee or owner's title policy. A fee or owner's policy of title insurance, a guaranty or guarantee of title, or a certificate of title, issued
by a title company, duly authorized by law and qualified by experience to issue such instruments. If an owner's policy of title
insurance is furnished, it shall show title in the Commissioner and inure to the benefit of his successors in office.

(b) Mortgagee's policy of title insurance. A mortgagee's policy of title insurance supplemented by an Abstract and an Attorney's
Certificate of Title covering the period subsequent to the date of the mortgage, the terms of the policy shall be such that the liability of
the title company will continue in favor of the Commissioner after title is conveyed to him. The policy may be drawn in favor of the
mortgagee and the Federal Housing Commissioner, “as their interests may appear”, with the consent of the title company endorsed
thereon;

(c) Abstract and legal opinion. An abstract of title prepared by an abstract company or individual engaged in the business of preparing
abstracts of title and accompanied by the legal opinion as to the quality of such title signed by an attorney at law experienced in
examination of titles. If title evidence consists of an Abstract and an Attorney's Certificate of Title, the search shall extend for at least
forty years prior to the date of the Certificate to a well recognized source of good title;

(d) Torrens of similar certificate. A Torrens or similar title certificate; or

(e) Title standard of U.S. or State government. Evidence of title conforming to the standards of a supervising branch of the
Government of the United States or of any State or Territory thereof.

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