RECORD RECUSALS OF FOUR (4) JUDGES

1. On 07/27/2010, the Case was reassigned to Defendant Crooked Judge James S. Moody,
Jr., after the
a. Recusal of Defendant Crooked Judge John E. Steele (07/22/2010);
b. Recusal of Defendant Crooked Judge Charlene E. Honeywell (06/22/2010);
c. Recusal of Defendant Crooked Judge Sheri Polster Chappell (06/30/2010);
d. Recusal of Judge Douglas N. Frazier (06/28/2010).

DEF. JAMES S. MOODY’S 07/27/2010 PRE-MEDITATED CASE FIXING & BRIBERY

2. On the day of his re-assignment, 07/27/2010, Defendant Crooked Judge James S. Moody
fixed and conspired to fix Plaintiffs’ Case in exchange for Defendants’ bribes:

3. Here within hours, Defendant Moody fixed and conspired to fix Plaintiff record public
corruption victims’ Case and fraudulently and falsely pretended to have reviewed
a. “four years” of “proceedings”;
b. “eleven actions”;
c. “hundreds, if not thousands, of filings”;
d. “appeals, up to 20 in one case alone”;
e. falsified “adoption” of a fake “1969” “resolution”.

MANDATORY RECUSAL OF OBJECTIVELY PARTIAL & CORRUPT J. S. MOODY

4. Here, no fit, honest, intelligent, and reasonable judge or person in Defendant Moody’s
shoes could have possibly reviewed said alleged hundreds/thousands of “filings”, “eleven
actions” … and Plaintiffs’ highly meritorious and conclusively proven allegations within
hours.
 PRIMA FACIE ARBITRARY, CAPRICIOUS, AND MALICIOUS JUDICIAL TRASH
5. Here another bungling Government idiot, Def. Judge Moody, copied and pasted
“repetitive” and “incomprehensible” judicial trash, Doc. # 22, which on its very face was,
e.g.:
a. “patently frivolous”; “baseless”;
b. absurd; idiotic; “abusive”;
c. irrational; unintelligent;
d. corrupted and “vexatious”;
e. arbitrary, capricious, and malicious;
f. premeditated and reckless.

Here, Crook Moody “impacted the resources” of the Court(s) and further tarnished its
publicly recorded reputation of organized crime and corruption, 28 U.S.C. § 455.

RECORD INSANITY & IMPOSSIBILITY OF execution of lien on “claimed land”

6. In particular, Def. Crooked Judge Moody concealed and conspired to conceal that as a
matter of law, execution proceedings and/or enforcement of a facially forged lien and “writ
of execution” in the record absence of any “July 29 judgment”, Doc. ## 425, 432, 386, Case
2:2007-cv-00228, were impossible if there would have [hypothetically] been any “claim as
public land”.
7. Here, the Clerk of U.S. District Court conspired with Defendant Crooked U.S. Judges to
issue a writ of execution, Doc. # 425, while the Court, its Crooked Judges, and Def. Corrupt
Judge Moody idiotically and falsely pretended a Lot 15A “claim as public land”.
8. If [hypothetically] there had been involuntary alienation of Plaintiffs’ Lot 15A against
Plaintiffs’ will in a court of law, and a record judgment, as a matter of law there could not
have possibly been:
a. any forced sale of purportedly involuntarily alienated Lot 15A;
b. any genuine “writ of execution”;
c. any lis pendens;
d. any execution.

PATTERN & POLICY OF ORGANIZED CRIME & CORRUPTION ON RECORD

9. Here in action after action, organized Criminal Judge after Judge, extended the
publicly recorded premeditated pattern and policy of, e.g., fraud, corruption, extortion,
fraud on the Court, Fla.R.Civ.P. 1.540.

NOTICE OF APPEAL FROM FACIALLY FRAUDULENT “order”, DOC. # 22,

ORGANIZED GOVERNMENT CRIME & CORRUPTION, RACKETEERING,
RETALIATION, OBSTRUCTION OF JUSTICE, FRAUD, DEPRIVATIONS

NOTICE OF FALSIFICATIONS OF “claim”, PRIMA FACIE SCAM “O.R. 569/875”,

CH. 712; 95; 73, 74; §§ 695.26, FLORIDA STATUTES

NOTICE OF APPEAL FROM FRAUDULENT “order” [DOC. # 22] & RACKETEERING

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10. The Plaintiff unimpeachable record owners of and holders of indisputable
unencumbered title to Lot 15A, Cayo Costa, S-T-R-A-P 12-44-20-01-00015.015A, hereby
appeal from the publicly recorded prima facie Government racketeering and extortion of
“$5,048.60” and/or “$5,000.00” and their accreted riparian Gulf-front Lot 15A [by criminal
means of Doc. # 22] as perfectly conveyed and legally described, Plaintiffs’ publicly
recorded WARRANTY DEED, INSTR 4450927, Collier County Public Records, INSTR
2010000171344, Lee County Public Records, 2 pages:

“… Lot 15A, private undedicated residential Cayo Costa Subdivision, as recorded

and legally described in Plat Book 3, Page 25 (1912), Public Records of Lee County,
Florida, U.S.A.

Property I.D./S.T.R.A.P.: 12-44-20-01-00015.015A

[“A” for “Accreted”; see PB 1, PP. 48, 51, 52]

TOGETHER with all the tenements, hereditaments, appurtenances, publicly

recorded natural accretions and riparian rights thereto belonging or in anywise
appertaining.

GRANTORS further warrant the within described riparian accreted Gulf-front

property is not presently homestead property and that the Grantors’ legal address is:
Post Office Box 7561, Naples, FL 34101-7561.

TO HAVE AND TO HOLD the same in fee simple forever.

AND the Grantors hereby covenant with said Grantees that the Grantors are lawfully
seized of said riparian upland and adjoining riparian street land on the Gulf of
Mexico in fee simple; that the Grantors have good right and lawful authority to sell
and convey said riparian Gulf-front upland and street land on said Gulf as legally
described in reference to said private 1912 Subdivision Plat; that the Grantors
hereby fully warrant the unimpeachable record title to said riparian accreted street and
up-lands on the Gulf of Mexico and pursuant to the Lee County, State of Florida, and
Federal Public Records have defended and will defend their marketable record title
against the lawful and unlawful claims of all persons whomsoever, and in particular,
against the prima facie unlawful and criminal claims of Lee County, the State of
Florida, and the United States of America, and their corrupt Agents, Officials of
record, and the Defendants in their private individual capacities of record such as,
e.g., Joel F. Dubina, Charlene E. Honeywell, Sheri Polster Chappell, Gerald B.
Tjoflat, John E. Steele, Stanley F. Birch, Jr., Tony West; and that said accreted
riparian street and up-lands on the Gulf of Mexico are free of any legitimate and valid
encumbrances and/or judgments, except taxes accruing subsequent to December 31,
2010; zoning, building code and other restrictions legitimately imposed by lawful
governmental authority; outstanding oil, gas, mineral, and or any other interests of
record, if any; and private riparian water-front easements of record, restrictions, if
any, and unimpeachable private implied street and alley easements of record as
conveyed in reference to said 1912 Plat.”

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 NOTICE OF APPEAL FROM CORRUPT JUDGE MOODY’S ORDER, DOC. # 22
11. The Plaintiff unimpeachable record owners of Lot 15A, Cayo Costa, S-T-R-A-
P 12-44-20-01-00015.015A, hereby appeal from the publicly recorded prima facie
organized Government crime, corruption, racketeering, extortion, retaliation,
obstruction of justice, fraud, fraud on the Court, deliberate deprivations, et al., “Doc. #
22, filed 07/27/2010”, by Defendant U.S. Judge and Racketeer James S. Moody, Jr.
12. Under fraudulent pretenses of a facially idiotic and incomprehensible “claim
as public land” and fictitious “$5,000 sanctions”, Doc. # 22, Defendant Racketeer Moody
conspired to extort Lot 15A and money from the Plaintiff unimpeachable record owners
of Lot 15A, Cayo Costa.
DEF. MOODY’S RECORD “TIRADE” AGAINST PUBLIC CORRUPTION VICTIMS
13. This corrupt Court’s latest “order”, Doc. # 22, “in this case is not so much” an
order “as it is a free-flowing, stream-of-consciousness tirade against” Plaintiff whistle-
blowers and victims of Government corruption and racketeering under fraudulent
pretenses of the publicly recorded “involuntary-alienation-by-fake-legislative-act-extortion
scheme”, “O.R. 569/875”.
PRIMA FACIE INCOMPREHENSIBILITY OF IDIOTIC “order” and “claim”, DOC. # 22
14. The law did not recognize the facially incomprehensible and absurd “claim as
public land”, Doc. # 22. See Ch. 73, 74, EMINENT DOMAIN; 95, ADVERSE POSSESSION,
712, FLORIDA’S MARKETABLE RECORD TITLE ACT, Florida Statutes.
15. Here, the public perception of “judicial fraud and corruption” by Defendant
Dishonorable Officials Charlene Edwards Honeywell and Def. Dishonorable John Edwin
Steele were the inescapable and indisputable conclusions of any reasonable person in
Defendant Moody’s shoes.
16. Here, no reasonable and intelligent person in Def. Moody’s shoes could have
possibly determined that the fake “resolution/legislative act” and “$5,000 sanctions”
Government scams were not prima facie extortion and fraud schemes in violation of
Florida Statutes, Constitution, and law.
JUDICIAL NOTICE OF PLAINTIFFS’ PUBLICLY RECORDED PERFECTED TITLE
17. § 90.201 (1), Fla. Stat., states:

Matters which must be judicially noticed.

A court shall take judicial notice of:
(1) Decisional, constitutional, and public statutory law and resolutions of the Florida
Legislature and the Congress of the United States.

Here, the U.S. Courts shall take judicial notice of Chapter 712, Florida Statutes, Florida’s
self-enforcing Marketable Record Title Act. Here as a matter of law, Chapter 712, Florida
Statutes, governed supremely and superseded the facially falsified and forged
“resolution”, scam “O.R. 569/875”. Here, Defendants Lee County, FL, had no authority to
pervert Florida law.
JUDICIAL NOTICE OF IMPOSSIBILITY OF involuntary alienation by “resolution”
18. Here, the U.S. Courts shall take judicial notice of Chapters 73, 74, EMINENT
DOMAIN, and 95, ADVERSE POSSESSION. Here as a matter of law, said Statutory Chapters
governed supremely and superseded the facially falsified and forged

4
 “adoption”-“resolution”-scam “O.R. 569/875”. Here, the Government Defendants and
Officials had no authority to pervert Florida law.
EXPRESS FLORIDA STATUTORY PROHIBITIONS, CH. 73, 74, 95, FLA. STAT.
19. Here, Florida Statutes, law, and Constitution expressly prohibited any and all
involuntary alienation. See, e.g., Ch. 73, 74, EMINENT DOMAIN; Ch. 95, ADVERSE
POSSESSION. Any involuntary alienation would have strictly and necessarily been a
judicial function. Here, it was elementary that no “legislative act” could have possibly
divested the Plaintiffs of their Lot 15A against their will. Here, the public record, Doc. # 22,
established Defendant Moody as a bungling Government idiot and crook, who disrespected
and perverted the law for criminal and illegal purposes of cover-up and fraudulent
concealment.
DEF. MOODY VEXATIOUSLY FIXED THE CASE IN EXCHANGE FOR BRIBES
20. Here, Def. Moody’s “order”, Doc. # 22, was “patently frivolous, baseless,
vexatious, and harassing”. No intelligent, fit, and honest judge or person in Defendant J. S.
Moody’s shoes could have possibly determined any
a. Lot 15A “claim as public land” in violation of, e.g., Chapters 712, 73, 74, 95 Fla.
Statutes;
b. “resolution”;
c. “adoption” of any resolution;
d. any transfer of title to Lee County from Plaintiffs to Lee County against Plaintiffs’
will;
e. any transfer of title by any legislative act, resolution, or law, whatsoever.

PRIMA FACIE CRIMINALITY OF INCOMPREHENSIBLE “claim as public land”

21. § 90.202 (12), Fla. Stat., states:

“Facts that are not subject to dispute because they are capable of accurate and
ready determination by resort to sources whose accuracy cannot be questioned.”

ACCURATE & READY DETERMINATION OF PLAINTIFFS’ RECORD OWNERSHIP

22. Here, Plaintiffs’ publicly recorded title to and ownership of accreted riparian
Lot 15A, Cayo Costa Subdivision, as legally described in reference to the 1912 Plat of
Survey in Lee County Plat Book 3, Page 25 was
a. Indisputable; Ch. 712, F.S.;
b. Unimpeachable;
c. Unencumbered;
d. Perfected;
e. Marketable;
f. Exclusive;
g. Protected under express Florida Constitutional Guarantees;
h. Protected by the fundamental right to own property;
i. Protected by the fundamental right to exclude government from one’s
property.
See Florida’s self-enforcing Marketable Record Title Act; Ch. 712, Florida Statutes. See
Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, Cayo Costa, on file.
PUBLICLY RECORDED ORGANIZED GOVERNMENT CRIME AND CORRUPTION

5
23. Defendant U.S. Judge James S. Moody, Jr., is part of a Government crime and
corruption organization in Florida, U.S.A. “For approximately four years”, the publicly
recorded policy and pattern have been cover-up, fraudulent concealment, obstruction of
justice, racketeering, fraud, fraud on the Court, and extortion of Lot 15A, Cayo Costa,
and money.
GOVERNMENT FRAUD UPON THE COURT, FLA.R.CIV.P. 1.540
24. “For approximately four years”, Defendant U.S. Judges and Government Officials
have “showered courts in the Middle District of Florida with hundreds” of prima facie
corrupted fraudulent orders and communications for criminal and illegal purposes of
racketeering and extortion of Lot 15A and money under fraudulent pretenses of, e.g.:
a. Fake “resolution”;
b. Fake “land parcels” see, e.g., “12-44-20-01-00000.00A0”; “07-44-21-01-
00001.0000”;
c. Fake “5,048.60 judgment”, Case 2:2007-cv-00228;
d. Fake “writ of execution”, Doc. # 425, Case 2:2007-cv-00228;
25. Here, absolute power produced absolute judicial & Government corruption
and the publicly recorded perpetration of fraud upon the Courts.
26. The procedural and substantive rules prohibited Defendant Moody from fixing
the Case based upon the perversion of conclusive public record evidence.
CONSPIRACY TO RACKETEER, EXTORT, RETALIATE, AND DEFRAUD
27. Defendant Crooked U.S. Judge James S. Moody, Jr., conspired with other
Officials, Defendants, and Government gang members to racketeer, retaliate, obstruct
justice, and extort money and Lot 15A, Cayo Costa, from the Plaintiff indisputable record
land owners.
DEF. MOODY FRAUDULENTLY CONCEALED PLAINTIFFS’ RECORD TITLE

“At the heart of each case, Plaintiffs allege that they are the owners of Lot 15A in the
Cayo Costa subdivision of Lee County, Florida. Plaintiffs attempt to challenge a
resolution adopted in December 1969 by the Board of Commissioners of Lee County,
Florida, where Lot 15A, among other property, was claimed as public land.”

See Doc. # 22, p. 1.

Here, Defendant Crooked U.S. Judge James S. Moody, Jr., knew, fraudulently concealed,
and conspired with other Officials and Criminals to conceal that
a. The Plaintiffs had conclusively proven and alleged that they are the record
owners of Lot 15A in the Cayo Costa subdivision of Lee County, Florida;
b. The public record had conclusively evidenced that indisputably, the Plaintiffs
are the unimpeachable record owners of Lot 15A in the Cayo Costa subdivision of Lee
County, Florida;
c. Lot 15A, Cayo Costa, was never “claimed as public land”;
d. Lot 15A could not have possibly been “claimed as public land” under any law;
e. The prima facie fake “claim as public land” was incomprehensible and
unrecognized;
f. The Plaintiffs were entitled to defend their perfected record title and prosecute;
g. Plaintiffs were entitled to redress their well-proven recorded Government
grievances;

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 h. The facially forged colorless “claim” lacked any authentic legal description;
i. The colorless facially forged “claim” lacked any legislative signature and
name(s).

DEF. MOODY FRAUDULENTLY CONCEALED NULLITY OF SHAM “claim”

28. Here in particular, Def. Crooked Judge Moody knew, fraudulently concealed,
and conspired to conceal that Ch. 95, Florida Statutes, would have absolutely required
Defendants Lee County, FL to pay real property taxes prior to any [hypothetical] judicial
adjudication of any colorless adverse possession “claim” by Defendants Lee County, FL.
29. Here, the Plaintiffs and their predecessors in title had paid property taxes, Lot
15A, since 1912 and since the date of the publicly recorded Federal Land Patent root
title. See Lee County Grantor/Grantee Property Index.
30. Here more than thirty (30) years had passed since the recordation of the Cayo
Costa U.S. Land Patent root title, the statute of limitations had expired, and any and all
claims had been barred and extinguished., Ch. 712, Florida Statutes.
31. Here, Defendant Crook and Racketeer J. S. Moody extended the Government
pattern and policy of, e.g., public corruption, racketeering, retaliation, extortion, fraud
on the Courts, and deliberate deprivations under fraudulent pretenses of, e.g., a legally
and factually impossible and falsified “claim”, “resolution 569/875”, “legislative act”,
“sanctions”, “judgment” in the record absence of any authority and jurisdiction. Here,
Defendant Crook Moody had no authority to break Florida law on the record and perpetrate
Government crimes under color of office.
DECEPTION, TRICKERY, FRAUD; LACK OF RECORD OF ANY “claim”
32. § 695.26, Requirements for recording instruments affecting real property,
provides:
(1) No instrument by which the title to real property or any interest therein is
conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by
the clerk of the circuit court unless:
(a) The name of each person who executed such instrument is legibly printed,
typewritten, or stamped upon such instrument immediately beneath the signature
of such person and the post-office address of each such person is legibly printed,
typewritten, or stamped upon such instrument;
(b) The name and post-office address of the natural person who prepared the
instrument or under whose supervision it was prepared are legibly printed,
typewritten, or stamped upon such instrument;
(c) The name of each witness to the instrument is legibly printed, typewritten, or
stamped upon such instrument immediately beneath the signature of such witness;
(d) The name of any notary public or other officer authorized to take
acknowledgments or proofs whose signature appears upon the instrument is
legibly printed, typewritten, or stamped upon such instrument immediately

7
 beneath the signature of such notary public or other officer authorized to take
acknowledgment or proofs;
(e) A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-
inch by 3-inch space at the top right-hand corner on each subsequent page are
reserved for use by the clerk of the court; and
(f) In any instrument other than a mortgage conveying or purporting to convey
any interest in real property, the name and post-office address of each
grantee in such instrument are legibly printed, typewritten, or stamped upon
such instrument.
History. s. 1, ch. 90-183; ss. 8, 22, ch. 94-348; s. 773, ch. 97-102.
33. Here, Defendant Corrupt Judge Moody knew, concealed, and conspired to
fraudulently conceal that
a. No “claim” had ever legally existed;
b. No “claim” had ever been legally recorded;
c. No “claim” could have possibly ever legally existed;
d. Any and all “claims” had been extinguished and barred, Ch. 712, 95, Fla. Stat.

DEF. MOODY FRAUDULENTLY CONCEALED EXTORTION, RACKETEERING

34. Defendant Moody fraudulently asserted and pretended, Doc. # 22, p. 2:
“Plaintiff Busse was sanctioned $5,000 but refused to pay.”
Here, Defendant Racketeer Moody knew and fraudulently concealed that Defendant
Kenneth M. Wilkinson had never incurred actual and necessary attorney’s fees in the
facially falsified amount of “$5,000”. In June 2009, the U.S. Court of Appeals for the 11th
Circuit had lost “jurisdiction”. Here, Def. Moody conspired with Def. Wilkinson and other
Officials to falsify a fake “July 29 judgment” and alter the official records.
35. Here, Dr. Jorg Busse had paid the final money judgment in the amount of
“$24.30” for “copies” issued as mandate in June 2009, Case No. 2:2007-cv-00228.
36. Here just like a bungling Government crook and idiot, Defendant Moody
covered up, concealed the truth, and obstructed justice for publicly recorded criminal
purposes of extortion and racketeering.
37. Here, Def. Moody knew that frivolity had never been any issue, whatsoever, as
publicly recorded and conclusively evidenced by the Opinion, Judgment, and Mandate in
said Case.

COMPULSORY JUDICIAL NOTICE

38. § 90.203, Florida Statutes, COMPULSORY JUDICIAL NOTICE, provides:

“A court shall take judicial notice of any matter in § 90.202 when a party requests it..”

Here for years, the Plaintiff exclusive indisputable record owners of Lot 15A, Cayo Costa,
PB 3, PG 25 (1912) had requested the Federal Courts to take judicial notice of the matter
and issue of their record unencumbered and perfected ownership and title, 12-44-20-01-
00015.015A.
DEFENDANT CROOKED JUDGE MOODY’S SHAM “order”, DOC. # 22

8
 39. Here on its face, Defendant Crooked Judge Moody’s sham “order”, Doc. # 22,
was
a. Controverted by Plaintiffs’ publicly recorded indisputable title to Lot 15A;
b. Controverted by Plaintiffs’ publicly recorded property tax payments;
c. Facially incomprehensible and baseless;
d. Arbitrary, capricious, and malicious;
e. Idiotic and irrational.

RECORD TAX PAYMENTS WERE CAPABLE OF ACCURATE DETERMINATION

40. Here, Plaintiffs’ publicly recorded satisfactory real property tax payments, Lot
15A, were capable of accurate and ready determination and indisputable. Said
indisputable record tax payments had controverted any “claim”.
PLAINTIFFS’ RECORD DEED WAS CAPABLE OF READY DETERMINATION
41. Here, Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, was capable of
accurate and ready determination and indisputable.
42. Here as a matter of law, Plaintiffs’ record title and tax payments had conclusively
controverted:
a. Any and all barred “claims”, Ch. 712, Florida Statutes;
b. Sham “claim” “O.R. 569/875”;
c. Any and all absurd, unrecognized, and frivolous “claim(s) as public land”;
d. Any and all non-existent “title transfer” to Lee County, FL;
e. Any involuntary alienation; Chapters 73; 74, 95, Florida Statutes.

AS A MATTER OF LAW, ANY AND ALL CLAIMS HAD BEEN BARRED, CH. 712, F.S.
43. As a matter of law, Ch. 712, Fla. Stat., had extinguished any and all “claims”
against Lot 15A, Cayo Costa.
44. In “1969”, the fabricated date of the fictitious “resolution”, the statute of
limitations for any and all “claims” had expired. Here, more than thirty (30) years had
passed since the root title to Lot 15A, which had barred any and all “claims”. Period.
45. Here, Lee County, FL, had never “claimed” anything, and no authentic record of
any “claim” had ever legally existed or had ever been legally recorded.
FALSIFIED “claim”, “O.R. 569/875” WAS LEGALLY ABSOLUTELY IMPOSSIBLE
46. Here as a matter of law:
a. No “resolution” could have possibly involuntarily divested the Plaintiffs of their
Lot 15A;
b. No “law” could have possibly involuntarily divested the Plaintiffs of their Lot
15A;
c. Any involuntarily alienation would have necessarily been a judicial function;
d. Plaintiffs were the indisputable record owners, Lot 15A, Cayo Costa;
e. Plaintiffs were the unimpeachable title holders, Lot 15A;
f. Plaintiffs’ said record ownership was capable of accurate and ready
determination;
g. Plaintiffs’ said record title, Lot 15A, was capable of accurate & ready
determination;
h. Defendant Moody fabricated and conspired to falsify an incomprehensible
“claim”.

9
PERVERSION OF RULE 69 FOR CRIMINAL PURPOSES OF RACKETEERING
47. Rule 69, Fed.R.Civ.P. states:

(a) In General.
(1) Money Judgment; Applicable Procedure.
A money judgment is enforced by a writ of execution, unless the court directs
otherwise. The procedure on execution — and in proceedings supplementary to and
in aid of judgment or execution — must accord with the procedure of the state where
the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery.
In aid of the judgment or execution, the judgment creditor or a successor in interest
whose interest appears of record may obtain discovery from any person — including
the judgment debtor — as provided in these rules or by the procedure of the state
where the court is located.

48. Here, Def. Moody conspired to conceal that

a. The paid $24.30 money judgment and final mandate, Doc. # 365, Case 2:2007-
cv-00228 could not be “enforced by a writ of execution”;
b. The facially fraudulent procedure on the falsified execution did not “accord
with the procedure of the State”.
c. The U.S. Court of Appeals for the 11th Circuit had lost jurisdiction in June 2009;
d. Defendant Crooked Official Kenneth M. Wilkinson falsified and fraudulently
pretended a “July 29, judgment”;
e. Defendant Jack N. Peterson, Esq., perjured himself; see facially fraudulent
“Affidavit”;
f. No genuine July 2009 judgment could have possibly existed in said Case;
g. The fictitious “July 29, judgment” could not be found in the public records

49. Here, the prima facie criminality, illegality, and nullity of the fake “5,048.60
judgment”, Doc. ## 386, 432, fake “writ of execution”, Doc. # 425, fake “legislative act”,
fake “resolution 569/875” were capable of accurate and ready determination by resort to
sources whose accuracy cannot be questioned.

50. § 65.61 Quieting title; additional remedy.-- 65.61(2) states:

(2) GROUNDS.-- When a person or corporation not the rightful owner of land has
any conveyance or other evidence of title thereto, or asserts any claim, or pretends to
have any right or title thereto, which may cast a cloud on the title of the real owner,
or when any person or corporation is the true and equitable owner of land the record
title to which is not in the person or corporation because of the defective execution of
any deed or mortgage because of the omission of a seal thereon, the lack of
witnesses, or any defect or omission in the wording of the acknowledgment of a
party or parties thereto, when the person or corporation claims title thereto by the
defective instrument and the defective instrument was apparently made and
delivered by the grantor to convey or mortgage the real estate and was recorded in the

10
 county where the land lies, or when possession of the land has been held by any
person or corporation adverse to the record owner thereof or his or her heirs and
assigns until such adverse possession has ripened into a good title under the statutes
of this state, such person or corporation may file complaint in any county in which
any part of the land is situated to have the conveyance or other evidence of claim or
title canceled and the cloud removed from the title and to have his or her title
quieted, whether such real owner is in possession or not or is threatened to be
disturbed in his or her possession or not, and whether defendant is a resident of this
state or not, and whether the title has been litigated at law or not, and whether the
adverse claim or title or interest is void on its face or not, or if not void on its face
that it may require extrinsic evidence to establish its validity...”

MANDATORY RECUSAL AND DISQUALIFICATION, 28 U.S.C. § 455

1. Recusal and disqualification of objectively partial and corrupt Defendant J. S. Moody

were absolutely mandatory, 28 U.S.C. § 455. Def. Moody fraudulently concealed and

conspired to conceal the prima criminality, illegality, and nullity of a falsified $5,048.60

judgment, fake lien, and fraudulent execution and enforcement for criminal purposes of,

e.g., racketeering, retaliation, and extortion.

2. Furthermore, RULE 1.432 DISQUALIFICATION OF JUDGE states:

(a) Grounds. Any party may move to disqualify the judge assigned to the action
on the grounds provided by statute.
(b) Contents. A motion to disqualify shall allege the facts relied on to show the
grounds for disqualification and shall be verified by the party.
(c) Time. A motion to disqualify shall be made within a reasonable time after
discovery of the facts constituting grounds for disqualification.
(d) Determination. The judge against whom the motion is directed shall
determine only the legal sufficiency of the motion. The judge shall not pass on
the truth of the facts alleged. If the motion is legally sufficient, the judge shall
enter an order of disqualification and proceed no further in the action.
(e) Judge's Initiative. Nothing in this rule limits a judge's authority to enter an
order of disqualification on the judge's own initiative.

Committee Note: The rule is intended to unify the procedure for

disqualification.

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

3. Said Rule states:

11
 (b) Parties. Any party, including the state, may move to disqualify the trial judge
assigned to the case on grounds provided by rule, by statute, or by the Code of
Judicial Conduct.

(c) Motion. A motion to disqualify shall:

(1) be in writing;
(2) allege specifically the facts and reasons upon which the movant relies as the
grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by a separate
affidavit;”

SECTION 38.10, FLA. STAT.

4. Section 38.10 gives parties the right to move to disqualify a judge when the party fears

that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that

court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of

Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party

fears that he or she will not receive a fair trial or hearing because of specifically described

prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330.

5. § 38.10, Fla. Stat., states:

38.10 Disqualification of judge for prejudice; application; affidavits; etc.--

Whenever a party to any action or proceeding makes and files an affidavit stating fear
that he or she will not receive a fair trial in the court where the suit is pending on
account of the prejudice of the judge of that court against the applicant or in favor of
the adverse party, the judge shall proceed no further, but another judge shall be
designated in the manner prescribed by the laws of this state for the substitution of
judges for the trial of causes in which the presiding judge is disqualified.

Here, Plaintiffs have been “stating fear that they have not and will not receive a fair trial in

the court where the suit is pending on account of the prejudice of the Judge(s) of that court

[James S. Moody, Jr.; Charlene Edwards Honeywell; John E. Steele; Sheri Polster

Chappell; Richard A. Lazzara] against the applicants. Here, objectively biased and bribed

Judge Moody “shall proceed no further, but another judge shall be designated in the

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 manner prescribed by the laws of this state for the substitution of judges for the trial of

causes in which the presiding judge is disqualified.”

PLAINTIFFS’ RIGHT TO APPEAL: FRAUDULENT lien, execution; EXTORTION …

6. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right

to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783,

at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to

disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by

Florida Rule of Judicial Administration 2.330. Here, Plaintiffs’ pleadings to disqualify

Defendant objectively partial Judge Honeywell are citing 28 U.S.C. § 455, § 38.10 and Rule

2.330, as well as Canon 3E(1).

RECUSAL: MOODY’S ORGANIZED CRIMES & OBSTRUCTION OF JUSTICE

7. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require

the same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the

court cited the Canon’s requirement that a judge disqualify himself when his “impartiality

might reasonably be questioned” and concluded that it was “totally consistent” with Florida

case law applying § 38.10. Id. Both require disqualification when a party can show “a well

grounded fear that he will not receive a fair trial at the hands of the judge.” Id. (quoting State

ex rel. Brown v. Dewell, 179 So. 695, 697-98 (Fla. 1938)); see also Berry v. Berry, 765 So.

2d 855, 857 (Fla. 5th DCA 2000) (quoting Canon 3E(1) when describing the standard for

granting a motion under § 38.10). Here of course, this Court was bound to follow Florida

appellate court decisions interpreting that state’s law. The final arbiter of state law is the

state Supreme Court, which is another way of saying that Florida law is what the Florida

Supreme Court says it is.

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8. Here in particular, Def. Moody concocted and conspired to concoct a “resolution

569/875”, “claim” of Lot 15A, “law”, “legislative act” for criminal and illegal purposes of,

e.g., racketeering, retaliation, and extortion of Plaintiffs’ land and money. Here, Def.

Moody perpetrated fraud upon the Court(s), and the Plaintiffs could not possibly get a fair,

just, and speedy trial because of Def. Moody’s publicly recorded lies, corruption, bribery,

racketeering, partiality, and incompetence.

CANON(S) 3E(1), 3E(1)(f), FLORIDA CODE OF JUDICIAL CONDUCT

9. The Florida Supreme Court has adopted a Code of Judicial Conduct to govern the

actions of state court judges and candidates for judicial office. Canon 3E(1) states, e.g.:

(1) A judge shall disqualify himself or herself in a proceeding in which the judge’s
impartiality might reasonably be questioned, including but not limited to instances
where …

Those provisions address situations in which a judge must disqualify himself because his

“impartiality might reasonably be questioned,” including when he has “made a public

statement that commits, or appears to commit, the judge with respect to” a particular party,

issue, or controversy. Canon 3E(1) [general disqualification provision in Canon 3E(1)], 3E(1)

(f) [“commits clause” at Canon 3E(1)(f)].

10. Here in exchange for bribes, Def. Moody had made facially idiotic public statements

that committed Honeywell to the fabrication of a fake “resolution 569/875” and illegal

benefits for the Defendants at Plaintiffs’ expense and injury. Here, Moody fraudulently

concealed and conspired with other Def. Government Crooks to conceal the particular

issues of, e.g., facially forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000”, a fake “park”, a fake “writ of execution”, Doc. # 425, 2:2007-cv-00228, a fake

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“$5,048.60 judgment”. Here, Plaintiffs lived in fear of being kicked down the Courthouse

stairs and not receiving a fair trial at the dirty hands of bribed and crooked Judge Moody.

11. Canon 3E(1), backed by the threat of a disciplinary proceeding, requires a judge to

disqualify himself if his “impartiality might reasonably be questioned.” Fla. Stat. § 38.10,

supplemented by Rule 2.330, allows a party to have a judge disqualified for the same reason.

Canon 3E(1)(f), which the Florida Supreme Court adopted in January 2006, covers areas in

which a judge’s “impartiality might reasonably be questioned.” See In re Amendment to

Code of Judicial Conduct, 918 So. 2d 949 (Fla. 2006). In addition to the Florida Supreme

Court, the Judicial Ethics Advisory Committee (Ethics Committee) and the Judicial

Qualifications Commission (JQC) have roles in administering the Code. The Florida

Supreme Court established the Ethics Committee “to render written advisory opinions to

inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.”

Petition of Comm. on Standards of Conduct for Judges, 327 So. 2d 5, 5 (Fla. 1976). Here,

Def. Judge Moody’s fabrications and perversions of the law were reckless and for criminal

purposes. Canon 3E is enforced by the Judicial Qualifications Commission, which has the

authority to bring disciplinary charges against a judge.

SPECIFIC ALLEGATIONS – WELL-GROUNDED FEARS

12. Here under 28 U.S.C. § 455, Plaintiffs have been specifically alleging the above facts

and reasons upon which the movants rely as the grounds for Defendant Judge Moody’s

disqualification/recusal. Here, Defendant Moody has been silencing and shutting up the

Plaintiffs without any authority and for criminal purposes of cover up and concealment of

organized Government crimes. See, e.g., Def. Moody’s and Honeywell’s facially

fraudulent “orders”, gag, pre-filing injunction.

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13. Here, the Plaintiff Government racketeering & corruption victims had well grounded

fears that they will not receive a fair trial at the hands of Defendant objectively partial and

bribed Judge Moody, who fraudulently concealed said fabrications of, e.g.:

a. Fake “judgment”;

b. Fake “writ of execution”;

c. Facially forged “land parcels”;

d. Fake park.

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