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COMMU ITY BA K, Plaintiff, vs. JOH CARROLL, JODIE CARROLL, CHAMBERS STREET BUILDERS, I C., TAU TO TRUSS, I C., and DEPARTME T OF THE TREASURY I TER AL REVE UE SERVICE, et al Defendants. ____________________________________ JOH CARROLL, Counter-Plaintiff vs. COASTAL COMMU ITY BA K and MIKE BYERS Counter-Defendants. ____________________________________________/ COU TER-PLAI TIFF JOH CARROLLS MOTIO FOR REHEARI G O CO TEMPT ORDER COMES NOW THE COUNTER-PLAINTIFF, John Carroll who makes this Motion for Rehearing and/or Reconsideration and states as follows: 1. Centennial filed a Motion for injunction against John Carroll, not Case o.: 09CA001577

Chambers Street Builders, Inc. 2. During the hearing on said Motion, Centennial put forth much effort to

obtain an injunction against John Carroll.

3. 4.

This Court heard the arguments of Carroll and Centennial loud and clear. This Court made an oral pronouncement restraining Carroll from

recovering his stored materials. 5. Carroll had entered substantial and credible evidence showing that

Chambers Street Builders, Inc. owned certain stored materials. 6. Carroll was clearly confused by the Order and Judge Green went out of his

way to explain his ruling to Carroll: THE COURT: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 What I would like to hear is

any testimony or thoughts that you wish to offer concerning the amount of bond that needs to be posted as a result of this temporary injunction. MR. CARROLL: Chambers Street Builders showed the cost of the materials. If Chambers Street Builders is losing its right to those materials right now -THE COURT: We're not talking about Chambers Street Builders. This is John Carroll and the bank. That's the parties to this suit. Go ahead. MR. CARROLL: I'm having a hard time understanding this and that's all. If this is only John Carroll, then you're right.


Judge Green then ordered Centennial to place a bond in the amount of

$80,000.00 as a condition of the issuance of the injunction. 8. The following day Chambers Street Builders, Inc. peaceably recovered

some of its stored materials and put Centennial on notice in writing. 9. Immediately thereafter, Counsel for Centennial sent an ex parte proposed

Order to Judge Green which added Chambers Street Builders, Inc. to the injunction. 10. The Court promptly changed the entire thesis of relief sought by

Centennial, exercised super jurisdiction over Chambers Street Builders, Inc. where there was none, signed the Order making it appear that Chambers Street Builders, Inc. was a party, entered Centennials Order with the Clerk then as now without Notice to any of the Defendants, and issued an Order to Show Cause. 11. At the OSC hearing, Counsel for Centennial made it clear that he believed

Carroll was acting on behalf of Chambers Street Builders, Inc., not himself personally. 12. Judge Green entered an Order finding Carroll, his wife and Chambers

Street Builders, Inc. all in contempt of Court, sentenced Carroll to 30 days in jail and coerced Chambers Street Builders, Inc. to deliver their rightful property to WaterSound Beach so that John Carroll would not serve 30 days in jail. 13. Chambers Street Builders, Inc. delivered the materials to the site at its

expense. The full circle of delivery, security and re-delivery of its stored materials, at Chambers Street Builders, Inc.s expense, all occurred prior to Centennial placing its prerequisite bond. Argument and Conclusions of Law 14. Judges and Attorneys cant operate ex parte to the detriment of fellow

Americans to fabricate filings and enter Orders. There is no way that a party can enjoy its God given, and Constitutionally afforded, rights in a system which operates this way. 15. Carroll did not subject Centennial to any attorneys fees. Centennial

prepared a motion for injunction and receiver that was insufficient, realized this fact the day after the hearing and fast talked Judge Green into entering an illegal Order. 16. There is nothing proper about this Court Ordering Carroll, his wife or

Chambers Street Builders, Inc. to pay Centennials legal fees or risk striking of pleadings. 17. Centennial and Frank Baker have not agreed to meet Carroll at the site.

Wherefore, John Carroll prays Judge Green will strike Centennials pleadings for implicating the Court in its illegal scheme, grant a rehearing or otherwise reconsider his Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was forwarded to Frank A. Baker, Esq., 4431 Lafayette Street, Marianna, FL. 32446 by regular mail this 12th day of April, 2012. _____________________________ John P. Carroll Box 613524 WaterSound, FL 32461 850-231-5616 850-622-5618