I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I AD FOR WALTO COUTY, FLORIDA

CIVIL DIVISIO

JOH P. CARROLL,

Plaintiff, Case o.: 09CA002021

v.

WATERSOUD BEACH COMMUITY ASSOCIATIO, IC.,

Florida Corporation
DAVID LILIETHAL, individually
and as Director,
MARY JOULE,
SADRA MATTESO,
ROALD VOELKER,
WATERCOLOR COMMUITY ASSOCIATIO, IC.,
JOH DOE, JAE DOE, and OTHER UKOW
COSPIRATORS

Defendants.

____________________________________________/

PLAITIFF’S MOTIO TO DISQUALIFY TRIAL JUDGE

COMES NOW the Plaintiff, John Carroll (“Plaintiff”), pursuant to Rule 2.330 (c)

of Florida Rules of Judicial Administration, and files this, his Motion to Disqualify and as

grounds therefore states:

1. On January 13, 2009 Plaintiff represented himself at a hearing, pro se, in a

family law matter unrelated to the case here.

2. During that January 13, 2009 hearing, Plaintiff examined his former wife

and took her testimony under oath. (Exhibit A)

3. While Plaintiff was conducting examination pro se, he could not see the

former wife’s attorney, Janis Burke, Esq., who was seated behind Plaintiff.

4. Plaintiff, seeking to rebut and expose dishonest testimony, asked his

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former wife where she obtained her information on her previous testimony.

5. Plaintiff was focused on the witness and by looking at her eyes, realized

that she was communicating with her attorney and someone else while obfuscating on the

stand.

6. The following interchange occurred immediately thereafter:

BY MR. CARROLL:

Q My question, just a minute ago you swore to

tell the judge the truth, and I believe you testified

that I bought our formal marital home for $400,000. And

I was wondering if you believe that that’s a true

statement or not?

MS. BURKE: Judge, her testimony was that she

believed that’s what he paid for it. She didn’t

say, I know that’s what he paid for it. She said, I

believe that’s what he paid for it.

THE COURT: Well, he can ask her why she believes

that.

BY MR. CARROLL:

Q Josette, that’s what I was asking. What made you

believe that and testify to that?

A Because in my memory, I remember your statement

last time we were in here under oath being somewhere

around there. That’s what I remember, and exactly, I’m

not sure.
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 Q There’s a chance that you’re wrong?

A Of course there’s a chance I’m wrong.

Q Just a minute ago, there was some testimony

that said I sold that former marital home the next day

for $900,000?

A Around 900.

Q And how did you come to believe that to be

true?

A Well, I remember looking online on he Internet

in the clerk of court and seeing some number close to

that or about.

MR. CARROLL: I’m sorry. What was – could I

have that document that you just wrote on, please?

The document that you’re looking at there, can I

have that, please? No. The document that you just

wrote on while my ex-wife was testifying. Is that

okay, your honor? I would like to see the document.

THE COURT: What are you asking?

MS. BURKE: He’s asking for the Post-It note I

wrote a note on.

MR. CARROLL: Ms. Burke just wrote that note

and handed it to Josette while she was testifying

when I was asking her how she come to find out what

she believes to be true.

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 THE COURT: All right.

MR. CARROLL: Can I –

THE COURT: It was a Post-It note for a figure

of 800,000.

MS. BURKE: Well, it’s 900,000, and I wrote the

words doc stamps because that’s how she knows how

much he paid.

THE COURT: All right. He can see it. Let him

look at the Post-It note.

BY MR. CARROLL:

Q I think Ms. Burke kind of testified for you

that you found – that you know that I sold if for

900,000 because of doc stamps.

A Well, I know that you can access public records

on line, and I believe that it would be doc stamps that I

would be looking at. I don’t understand what your

getting at, John.

Q My root question was a simple one. How did you

come to believe that I sold that house for 900,000 the

next day to Stanley Hall?

A I didn’t – to Stanley Hall.

Q Just a moment ago, you testified that I sold

the – that I bought the house for 400,000; sold it the

next day for 900,000. How did you come to believe –-

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what makes you believe that your testimony is true that I

sold that house for 900,000?

MS. BURKE: Judge, she has answered that twice.

She said that –

THE COURT: I think she has. Go to the next

question.

BY MR. CARROLL:

Q What are doc stamps?

MS. BURKE: Judge, I’m going to object because

I know what Mr. Carroll is doing. He’s trying to

use up all the time so the Court won’t enter an

order today and hold him in contempt and put him in

jail. It doesn’t matter what doc stamps are.

MR. CARROLL: I object your Honor.

THE COURT: Up, up, up, up. She will –

MR. CARROLL: I’m sorry.

MS. BURKE: I’m just objecting to the relevance

of asking her about doc stamps.

THE COURT: Overruled. Do you know what doc

stamps are?

THE WITNESS: It’s what you have to file after

you sell a house. You have to pay for them at the

end.

BY Mr. CARROLL:
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 Q And you can interpret the cost of a house by

looking at the doc stamps how? How would you do that?

THE COURT: If you don’t know, just say.

A I don’t know.

7. Plaintiff mistakenly believed the case above was presided over by a

Walton County hearing officer. Plaintiff became certain that the Judge who presided at

the above mentioned case was in fact the same judge in the instant case as a result of a

deposition held this past Monday, July 19, 2010.

8. The judge who aided the Plaintiff’s former wife, and Ms. Burke, with

subornation of perjury and improper aid to a witness during testimony was in fact the

same Judge who is presiding over this case.

9. Plaintiff believes and understands that the Honorable W. Howard LaPorte

strongly dislikes the Plaintiff.

10. Plaintiff fears that he will not receive any fair hearing, or ultimately trial,

because of the specifically described prejudice or bias of the judge.

11. Finally, Rule of Judicial Administration 2.330 (i) permits (and may

require) this Honorable Court to enter and order of disqualification on the Court’s own

initiative if the Court feels that it would violate a judicial cannon by continuing to preside

over the Plaintiff’s case or if the court determines that “an appearance of impropriety”

may exist based on the foregoing, not withstanding any other provision of Rule 2.330.

12. Wherefore the Plaintiff, John Carroll, respectfully requests that this

Honorable Court enter an Order granting the Motion for Disqualification of Trial Judge,

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remove itself as the presiding judge over the Plaintiff’s case and order that the Plaintiff’s

case be randomly reassigned by the Clerk of Courts.

I HEREBY CERTIFY that a copy of the foregoing has been furnished to

CHRISTOPHER L. GEORGE, Esq. PO Box 1034, 56 Saint Joseph St., Mobile, AL.
36633-1034 and Mark Davis, Esq. PO Box 705, DeFuniak Springs, Florida 32435 by e-
mail and regular mail this 21st day of July, 2010.

________________________
John Carroll
Box 613524
WaterSound, FL 32461
Phone (850) 231-5616
Fax (850) 622-5618

CERTIFICATION UNDER OATH BY PARTY

I HEREBY SWEAR that the facts contained herein are true and correct under penalty of

perjury and are made in good faith this 21st day of July, 2010.

_________________________________
John Carroll, Plaintiff

STATE OF FLORIDA }
COUTY OF WALTO}

The foregoing instrument was acknowledged before me this 21st day of July, 2010 by the
Plaintiff, John Carroll, under oath.

Personally Known _______ or

Produced the following type of identification____________________________

____________________________
Notary Public
State of Florida

My Commission Expires: