Jack N Peterson - Manure for Brains

8/9/2019 Jack N Peterson - Manure for Brains

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STAY OF ENFORCEMENT OF FACIALLY FORGEDforeign judgment

1. 55.509, Florida Statutes, Stay of enforcement offoreign judgment, provides:

(1) If, within 30 days after the date the foreign judgmentis recorded, the judgmentdebtor files an action contesting the jurisdiction of the court which entered the foreign judgmentor the validity of the foreign judgment and records a lis pendensdirected toward the foreign judgment, the court shall stay enforcement of theforeignjudgmentand the judgment lien upon the filing of the action by the judgment debtor.

(2) If the judgment debtorshows the circuit or county court any ground uponwhich enforcement of a judgment of any circuit or county court of this state would bestayed, the court shall stay enforcement of the foreign judgmentfor an appropriate period, upon requiring the same security for satisfaction of the judgment which isrequired in this state.

Here, Defendant land parcel Forger and Racketeer Kenneth M. Wilkinson, Lee CountyAppraisers Office, had fraudulently pretendeda. a falsifiedforeign orout-of-Florida July 29, 2009 judgment, Doc. ## 386, 432;b. unauthorizedrecordation of a fake July judgment in Lee County Circuit Court;c. a falsified writ of execution illegally issued by the Clerk of U.S. District Court.

2. Here, the U.S. District Court, Middle Division of Florida:a. had nojurisdiction; b. hadnoauthority to enforce the fakeforeign judgment;c. had noauthority to issue the falsifiedwrit of execution, Doc. # 425, Case 2:07-cv-00228.

Here, the Defendant Clerk of U.S. District Court had no authority to enforce the faciallyforged and falsified out-of-Florida judgment and/or July 29, 2009 judgment. Here, saidU.S. Clerk could not have possibly enforcedthe fake out-of-Florida foreign judgmentrecorded by the Clerk of Florida or Lee County Circuit Court.

NON-OPERATIVE lien AND FAKE foreign judgment

3. 55.507, F.S., Lien; when effective, states:

A foreign judgmentdoes not operate as a lien until 30 days after the mailing ofnotice by the clerk

Here, the Clerk had never mailed any notice of the facially forgedjudgment, and the

fakeforeign judgmentcould not havepossibly operated as a lien.

PUBLICLY RECORDED FRAUD ON THE COURTS

4. Here, Defendant [Appellee] Crooked Official Kenneth M. Wilkinson wasa. Nojudgment holder;b. Nojudgment creditor;c. Notentitledto enforceanything;


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d. Not entitled to enforce a fake foreign judgmentrecorded in State Court byunauthorizedmeans of Doc. # 425, U.S.Case 2:2007-cv-00228;

Here, Plaintiff(s) had contested the validity of the [facially forged] foreign judgment andfiled an action directed toward the prima facie fraudulentforeign judgment. Here, the Court

shall stay enforcementof the fake foreign judgmentand the facially forgedjudgment lien, 55.509, Florida Statutes.

RECORD RECUSALS OF FOUR (4) JUDGES

5. On 07/27/2010, the Case was reassigned to Defendant Crooked Judge James S. Moody, Jr.,after thea. 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. MOODYS 07/27/2010 PRE-MEDITATED CASE FIXING & BRIBERY6. On the day of his re-assignment, 07/27/2010, Defendant Crooked Judge James S. Moodyfixed and conspired to fix Plaintiffs Case in exchange for Defendants bribes:

7. Here within hours, Defendant Moody fixed and conspired to fix Plaintiff record public

corruption victims Case and fraudulently and falsely pretended to have revieweda. 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


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8. Here, nofit, honest, intelligent, and reasonable judge or person in Defendant Moodys shoescould have possibly reviewedsaid alleged hundreds/thousands offilings, eleven actions and Plaintiffs highly meritorious and conclusively proven allegations within hours.

PRIMA FACIE ARBITRARY, CAPRICIOUS, AND MALICIOUS JUDICIAL TRASH

9. Here another bungling Government idiot, Def. Judge Moody, copied and pasted

repetitive and incomprehensiblejudicial trash, Doc. # 22, which on its very face was,e.g.:a. patentlyfrivolous; 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 itspublicly recorded reputation oforganized crime and corruption, 28 U.S.C. 455.

RECORD INSANITY & IMPOSSIBILITY OF execution of lien on claimed land

10. In particular, Def. Crooked Judge Moody concealed and conspired to conceal that as amatter of law, execution proceedings and/orenforcementof a facially forgedlien and writof execution in the record absence of any July 29 judgment, Doc. ## 425, 432, 386, Case2:2007-cv-00228, were impossible if there would have [hypothetically] been any claim aspublic land.

11. Here, the Clerk of U.S. District Court conspired with Defendant Crooked U.S. Judges toissue a writ of execution, Doc. # 425, while the Court, its Crooked Judges, and Def. CorruptJudge Moody idiotically and falsely pretended a Lot 15A claim as public land.

12. If [hypothetically] there had been involuntary alienation of Plaintiffs Lot 15A againstPlaintiffs will in a court of law, and a record judgment, as a matter of law there could nothavepossibly been:a. anyforced sale of purportedly involuntarily alienatedLot 15A; b. anygenuine writ of execution;c. any lis pendens;d. any execution.

PATTERN & POLICY OF ORGANIZED CRIME & CORRUPTION ON RECORD

13. Here in action after action, organized Criminal Judge after Judge, extended the publiclyrecorded premeditatedpattern and policy of, e.g., fraud, corruption, extortion, fraud on theCourt, Fla.R.Civ.P. 1.540.


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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; 55; 695.26, 695.09, 689.01, 55.10, 55.509, FLORIDA STATUTES,

FLORIDA ENFORCEMENT OF FOREIGN JUDGMENT ACT

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

14. The Plaintiff unimpeachable record owners of and holders of indisputableunencumbered title toLot 15A, Cayo Costa, S-T-R-A-P 12-44-20-01-00015.015A, herebyappeal 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 criminalmeans of Doc. # 22] as perfectly conveyed and legally described, Plaintiffs publicly

recorded WARRANTY DEED, INSTR4450927, Collier County Public Records, INSTR2010000171344, Lee County Public Records, 2 pages:

Lot 15A, private undedicated residential Cayo Costa Subdivision, as recordedand 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, publiclyrecorded natural accretions and riparian rights thereto belonging or in anywiseappertaining.

GRANTORS further warrant the within described riparian accreted Gulf-frontproperty 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 lawfullyseized of said riparian upland and adjoining riparian street land on the Gulf ofMexico in fee simple; that the Grantors have good right and lawful authority to selland convey said riparian Gulf-front upland and street land on said Gulfas legallydescribed in reference to said private 1912 Subdivision Plat; that the Grantorshereby fully warrant the unimpeachable record title to said riparian accreted street andup-lands on the Gulf of Mexico and pursuant to the Lee County, State of Florida, andFederal Public Records have defended and will defend their marketable record titleagainst 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


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Florida, and the United States of America, and their corrupt Agents, Officials ofrecord, 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 accretedriparian 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 lawfulgovernmental authority; outstanding oil, gas, mineral, and or any other interests ofrecord, if any; and private riparian water-front easements of record, restrictions, ifany, and unimpeachable private implied street and alley easements of record asconveyed in reference to said 1912 Plat.

NOTICE OF APPEAL FROM CORRUPT JUDGE MOODYS ORDER, DOC. # 22

15. The Plaintiffunimpeachable 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 organizedGovernment crime, corruption, racketeering, extortion, retaliation, obstruction of

justice, fraud, fraud on the Court, deliberate deprivations, et al., Doc. # 22, filed07/27/2010, by Defendant U.S. Judge and Racketeer James S. Moody, Jr.16. Under fraudulent pretenses of a facially idiotic and incomprehensible claim as public

land and fictitious$5,000 sanctions, Doc. # 22, Defendant Racketeer Moody conspiredto extort Lot 15A and money from the Plaintiff unimpeachable record owners of Lot15A, Cayo Costa.

DEF. MOODYS RECORD TIRADE AGAINST PUBLIC CORRUPTION VICTIMS

17. This corrupt Courts latest order, Doc. # 22, in this case is not so much an order as it isa free-flowing, stream-of-consciousness tirade against Plaintiff whistle-blowers andvictims ofGovernment 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

18. The law did not recognize the facially incomprehensible and absurd claim as publicland, Doc. # 22. See Ch. 73, 74, EMINENT DOMAIN; 95 , ADVERSE POSSESSION, 712,FLORIDAS MARKETABLE RECORD TITLE ACT, Florida Statutes.

19. Here, the public perception of judicial fraud and corruption by Defendant DishonorableOfficials Charlene Edwards Honeywell and Def. Dishonorable John Edwin Steele were theinescapable and indisputable conclusions of any reasonable person in Defendant Moodysshoes.

20. Here, no reasonable and intelligent person in Def. Moodys shoes could have possiblydetermined that the fake resolution/legislative act and $5,000 sanctions Governmentscams were not prima facie extortion and fraud schemes in violation of Florida Statutes,Constitution, and law.

JUDICIAL NOTICE OF PLAINTIFFS PUBLICLY RECORDED PERFECTED TITLE

21. 90.201 (1), Fla. Stat., states:

Matters which must be judicially noticed.

A court shall takejudicial notice of:


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(1) Decisional, constitutional, and public statutory law and resolutions of the FloridaLegislature and the Congress of the United States.

Here, the U.S. Courts shall take judicial notice of Chapter712, Florida Statutes, Floridasself-enforcing Marketable Record Title Act. Here as a matter of law, Chapter712, Florida

Statutes, governed supremely and superseded the facially falsified and forgedresolution, scam O.R. 569/875. Here, Defendants Lee County, FL, had noauthority topervert Florida law.JUDICIAL NOTICE OF IMPOSSIBILITY OF involuntary alienation by resolution

22. 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 governedsupremely and superseded the facially falsified and forged adoption-resolution-scamO.R. 569/875. Here, the Government Defendants and Officials had noauthority to pervertFlorida law.EXPRESS FLORIDA STATUTORY PROHIBITIONS, CH. 73, 74, 95, FLA. STAT.

23. 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 havepossibly divestedthe Plaintiffsof their Lot 15A against their will. Here, the public record, Doc. # 22, established DefendantMoody as a bungling Government idiot and crook, who disrespected and perverted the lawforcriminal and illegal purposes ofcover-up and fraudulent concealment.

JUDICIAL NOTICE OF CH. 55, 55.10, F.S., FLORIDA FOREIGN JUDGMENT ACT24. Here in violation of 55.10, Florida Statutes, there were

a. NoFlorida judgment;b. NoU.S. District Court judgment;c. No July 29 judgment;d. Nodomesticated judgment;e. No simultaneous valid affidavit, 55.10, F.S.;f. Nocurative affidavit.Here, the U.S. Courts shall take judicial notice of Chapter55, 55.10, Florida Statutes,and Floridas Foreign Judgment Act.

PRIMA FACIE RECORD FALSIFICATION & FORGERY OF FAKE judgment

25. Here, Dr. Busse had challenged the prima facie falsification and forgery of a fakeforeign$5,048.60 judgment in the publicly recorded absence of any jurisdiction by the U.S.Court of Appeals for the 11

thCircuit after June 2009 and closure of Case 2008-13170-BB.

26. [Hypothetically,] had there been any foreign judgment, the judgment holderwould havebeen required to present a certified copy of the judgment, execute an affidavitconcerningthe identity of the judgment holder and judgment debtor and pay the filing fee charged by thecourt wherein the judgment is filed.

27. Here, the clerk of court neverservedthe purported judgment debtor, Dr. Jorg Busse, with anynotice. Here, nolien had everlegallyexisted.CONTESTED lien, writ of execution FRAUD, EXTORTION, RACKETEERING

28. Here, Dr. Busse had contested, e.g., the fake lien, fake writ of execution, fraud, fraudon the Courts, extortion, and racketeering.


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29. Here, nothing could havepossibly become a lien on any real property of Dr. Jorg Busse.30. Here, no Florida Court had everissued any writ of execution.

JUDICIAL NOTICE OF CH. 695, PRIMA FACIE SCAM & SHAM claimO.R. 569/87531. Here, the U.S. Courts shall take judicial notice of Chapter695, 695.26, Florida Statutes,

Requirements for Recording instrumentsaffecting real property, and 695.09, F.S., Identityof grantor. Here, Defendants Lee County, FL, had no authority to pervert Florida law.Here, prima facie scam and sham claim O.R. 569/875 could not havepossibly affectedreal property, because it was null and void and violated the Florida Constitution Statutes.

32. 695.09, F.S., Identity of grantor, states:No acknowledgment or proof shall be taken, except as set forth in s. 695.03(3), byany officer within or without the United States unless the officer knows, or hassatisfactory proof, that the person making the acknowledgment is the individualdescribed in, and who executed, such instrumentor that theperson offering to makeproof is one of the subscribing witnesses to such instrument.

PUBLICLY RECORDED RACKETEERING & EXTORTION SCHEMES33. Here, there werea. Nowitnesses;b. Nonotary;c. Noacknowledgment;d. Nograntor;e. Nogrant;f. Noconveyance;Here, there were known racketeering, retaliation, extortion, and fraud schemes on therecord. Record scam and sham claim O.R. 569/875 was an extortion and racketeeringscheme by organized Government Criminals who covered up, concealed, and conspired.

JUDICIAL NOTICE OF 689.01, FLA. STAT., AND U.S. JUDICIAL CRIMES34. 689.01, How Real Estate Conveyed, Florida Statutes, provides:

No estate or interest of freehold, or for a term of more than 1 year, or any uncertaininterest of, in or out of any messuages, lands, tenements or hereditaments shall becreated, made, granted, transferred or released in any other manner than byinstrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate,interest, or term of more than 1 year, or by the partys lawfully authorized agent,unless by will and testament, or other testamentary appointment, duly made accordingto law

35. Here, prima facie scam and fake resolution 569/875 could not havepossiblya. created any interest; b. transferred any interest;c. conveyed any interest.Here, the judicial and Government Defendants covered up, concealed, and conspired toconceal publicly recorded Government crimes, racketeering, extortion, and fraud.

DEF. MOODY VEXATIOUSLY FIXED THE CASE IN EXCHANGE FOR BRIBES


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36. Here, Def. Moodys order, Doc. # 22, was patently frivolous, baseless, vexatious, andharassing. Nointelligent,fit, and honestjudge or person in Defendant J. S. Moodys shoescould havepossibly determinedanya. 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 toLee County against Plaintiffs will;e. any transfer of title by any legislative act, resolution, orlaw, whatsoever.

PRIMA FACIE CRIMINALITY OF INCOMPREHENSIBLE claim as public land

37. 90.202 (12), Fla. Stat., states:

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

ACCURATE & READY DETERMINATION OF PLAINTIFFS RECORD OWNERSHIP38. 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 LeeCounty Plat Book 3, Page 25 wasa. 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 ones property.See Floridas self-enforcing Marketable Record Title Act; Ch. 712, Florida Statutes. SeePlaintiffs publicly recorded Warranty Deed, Lot 15A, Cayo Costa, on file.

PUBLICLY RECORDED ORGANIZED GOVERNMENT CRIME AND CORRUPTION

39. Defendant U.S. Judge James S. Moody, Jr., is part of a Government crime and corruptionorganization in Florida, U.S.A. For approximately four years, the publicly recordedpolicy and pattern have been cover-up, fraudulent concealment, obstruction of justice,racketeering, fraud, fraud on the Court, and extortion of Lot 15A, Cayo Costa, andmoney.

GOVERNMENT FRAUD UPON THE COURT, FLA.R.CIV.P. 1.540

40. For approximately four years, Defendant U.S. Judges and Government Officials haveshowered courts in the Middle District of Florida with hundreds ofprima facie corruptedfraudulentorders and communications forcriminal and illegal purposes ofracketeeringand extortion of Lot 15A and money underfraudulent 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;


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41. Here, absolute power produced absolute judicial & Government corruption and thepublicly recorded perpetration of fraud upon the Courts.

42. The procedural and substantive rules prohibited Defendant Moody from fixing the Casebased upon the perversion ofconclusive public record evidence.

CONSPIRACY TO RACKETEER, EXTORT, RETALIATE, AND DEFRAUD

43. Defendant Crooked U.S. Judge James S. Moody, Jr., conspired with other Officials,Defendants, and Government gang members to racketeer, retaliate, obstruct justice, andextort money and Lot 15A, Cayo Costa, from the Plaintiffindisputable 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 theCayo Costa subdivision of Lee County, Florida. Plaintiffs attempt to challenge aresolution 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 thata. 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 LeeCounty, Florida;

c. Lot 15A, Cayo Costa, was never claimed as public land;d. Lot 15A could not havepossibly 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;h. The facially forgedcolorless claim lacked any authentic legal description;i. The colorlessfacially forged claim lacked any legislative signature and name(s).

DEF. MOODY FRAUDULENTLY CONCEALED NULLITY OF SHAM claim

44. Here in particular, Def. Crooked Judge Moody knew, fraudulently concealed, andconspired to conceal that Ch. 95, Florida Statutes, would have absolutely requiredDefendants Lee County, FL to pay real property taxes prior to any [hypothetical] judicialadjudication of any colorlessadverse possession claim by Defendants Lee County, FL.

45. Here, the Plaintiffs and their predecessors in title had paid property taxes, Lot 15A, since1912 and since the date of thepublicly recorded Federal Land Patent root title. See LeeCounty Grantor/Grantee Property Index.

46. 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 beenbarred and extinguished., Ch. 712, Florida Statutes.

47. Here, Defendant Crook and Racketeer J. S. Moody extended the Government pattern andpolicy of, e.g., public corruption, racketeering, retaliation, extortion, fraud on the Courts,and deliberate deprivations under fraudulent pretenses of, e.g., a legally and factuallyimpossible and falsified claim, resolution 569/875, legislative act, sanctions,


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judgment in the record absence of any authority andjurisdiction. Here, Defendant CrookMoody had no authority to break Florida law on the record and perpetrate Governmentcrimes undercolor of office.

DECEPTION, TRICKERY, FRAUD; LACK OF RECORD OF ANY claim

48. 695.26,Requirements for recording instruments affecting real property, provides:

(1) No instrument by which the title to real property or any interest therein isconveyed, 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

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.

49. Here, Defendant Corrupt Judge Moody knew, concealed, and conspired to fraudulently

conceal thata. No claim had everlegally existed; b. No claim had ever been legally recorded;c. No claim could havepossibly everlegally existed;d. Any and all claims had been extinguished and barred, Ch. 712, 95, Fla. Stat.

DEF. MOODY FRAUDULENTLY CONCEALED EXTORTION, RACKETEERING

50. Defendant Moody fraudulentlyasserted and pretended, Doc. # 22, p. 2:


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Plaintiff Busse was sanctioned $5,000 but refused to pay.Here, Defendant Racketeer Moody knew and fraudulently concealed that DefendantKenneth M. Wilkinson had never incurred actual and necessary attorneys fees in thefaciallyfalsified amount of $5,000. In June 2009, the U.S. Court of Appeals for the 11thCircuit 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.51. Here, Dr. Jorg Busse had paid the final money judgment in the amount of $24.30 forcopies issued as mandate in June 2009, Case No. 2:2007-cv-00228.

52. Here just like a bungling Government crook and idiot, Defendant Moody covered up,concealed the truth, and obstructed justice for publicly recorded criminal purposes ofextortion and racketeering.

53. Here, Def. Moody knew that frivolity had never been any issue, whatsoever, as publiclyrecorded and conclusively evidenced by the Opinion, Judgment, and Mandate in said Case.

COMPULSORY JUDICIAL NOTICE

54. 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 Plaintiffexclusiveindisputable record owners of Lot 15A, Cayo Costa,PB 3, PG 25 (1912) had requested the Federal Courts to take judicial notice of the matterand issue of theirrecord unencumbered and perfected ownership and title, 12-44-20-01-00015.015A.

DEFENDANT CROOKED JUDGE MOODYS SHAM order, DOC. # 22

55. Here on its face, Defendant Crooked Judge Moodys sham order, Doc. # 22, wasa. 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

56. Here, Plaintiffs publicly recorded satisfactory real property tax payments, Lot 15A, werecapable of accurate and ready determination and indisputable. Said indisputablerecordtax payments had controverted any claim.PLAINTIFFS RECORD DEED WAS CAPABLE OF READY DETERMINATION

57. Here, Plaintiffs publicly recorded Warranty Deed, Lot 15A, was capable of accurate andready determination and indisputable.

58. Here as a matter of law, Plaintiffs record title and tax payments had conclusivelycontroverted: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.


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AS A MATTER OF LAW, ANY AND ALL CLAIMSHAD BEEN BARRED, CH. 712, F.S.

59. As a matter of law, Ch. 712, Fla. Stat., had extinguished any and all claims against Lot15A, Cayo Costa.

60. In 1969, the fabricated date of the fictitious resolution, the statute of limitations forany 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.61. Here, Lee County, FL, had never claimed anything, and no authentic record of any claimhad everlegally existedor had ever been legally recorded.

FALSIFIED claim, O.R. 569/875 WAS LEGALLY ABSOLUTELY IMPOSSIBLE

62. Here as a matter of law:a. No resolution could havepossibly involuntarily divestedthe Plaintiffs of their Lot 15A;b. No law could havepossibly involuntarily divestedthe Plaintiffs of their Lot 15A;c. Any involuntarily alienation would have necessarily been ajudicialfunction;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.

PERVERSION OF RULE 69 FOR CRIMINAL PURPOSES OF RACKETEERING

63. 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 directsotherwise. The procedure on execution and in proceedings supplementary to andin aid of judgment or execution must accord with the procedure of the state wherethe 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 interestwhose interest appears of record may obtain discovery from any person includingthe judgment debtor as provided in these rules or by the procedure of the statewhere the court is located.

64. Here, Def. Moody conspired to conceal thata. 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. Thefacially 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 lostjurisdiction 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. NogenuineJuly 2009 judgmentcould havepossibly existedin said Case;g. The fictitious July 29, judgment could not be found in the public records.


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65. 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, fakeresolution 569/875 were capable of accurate and ready determination by resort to sourceswhose accuracy cannot be questioned.

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 fraudulentexecution and enforcement forcriminal 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 onthe grounds provided by statute.(b) Contents. A motion to disqualify shall allege the facts relied on to show thegrounds fordisqualification and shall be verified by the party.(c) Time. A motion to disqualify shall be made within a reasonable time afterdiscovery of the facts constituting grounds for disqualification.(d) Determination. The judge against whom the motion is directed shall determineonly the legal sufficiency of the motion. The judge shall not pass on the truth of thefacts alleged. If the motion is legally sufficient, the judge shall enter an order ofdisqualification and proceed no further in the action.(e) Judge's Initiative. Nothing in this rule limits a judge's authority to enter an order ofdisqualification on the judge's own initiative.

Committee Note: The rule is intended to unify the procedure fordisqualification.

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

3. Said Rule states:

(b) Parties. Any party, including the state, may move to disqualify the trial judgeassigned to the case on grounds provided by rule, by statute, or by the Code ofJudicial 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;


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(3) be sworn to by the party by signing the motion under oath or by a separateaffidavit;

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 orbias 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

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


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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: MOODYS 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 Canons 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 states 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.

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


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perpetrated fraud upon the Court(s), and the Plaintiffs could notpossibly get afair,just, and

speedy trial because of Def. Moodys 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 shalldisqualify himself or herself in a proceeding in which the judges

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 forbribes, 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 $5,048.60

judgment. Here, Plaintiffs lived in fear of being kicked down the Courthouse stairs and not

receiving a fair trialat the dirty hands ofbribed 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,


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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 judges 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 Moodys 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 disciplinarycharges 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 Moodys

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

Plaintiffs without any authority and forcriminal purposes ofcover up and concealment of

organized Government crimes. See, e.g., Def. Moodys and Honeywells facially

fraudulent orders, gag, pre-filing injunction.

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;


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b. Fake writ of execution;

c. Facially forged land parcels;

d. Fakepark.

RECORD FACIALLY FORGEDjudgmentAND FAKE lien

66. Here, there werea. No July 2009 judgment, because the 11

thCircuit had lostjurisdiction in June 2009;

b. No judgment, whatsoever, because the 11th Circuit had closed the Case in June 2009;

c. No judgment, because frivolity had never been any issue until the Case was closed;d. No lien, because a non-existentjudgmentcould not have maturedinto a lien;e. No lien, because the lienholder's address did not appearon the forgedjudgment.

67. Here, there was nojudgment. A [hypothetical]judgmentdoes not mature into a lien wherethe lienholder's address does not appear on thejudgment. 55.10(1), Fla. Stat. Consequentlyhere, no lien could have possibly attachedto Plaintiffs real property and/or Lot 15A as a

result of the unlawfulrecordation of a fictitious and facially forgedjudgment. See Tomalov. Kingsley Displays, Inc., 862 So. 2d 899, 900-01 (Fla. 2d DCA 2003) (citing Hott Interiors,Inc. v. Fostock, 721 So. 2d 1236, 1238 (Fla. 4th DCA 1998)); Dyer v. Beverly & Tittle, P.A.,777 So. 2d 1055, 1058 (Fla. 4th DCA 2001); Decubellis v. Ritchotte, 730 So. 2d 723, 725-26(Fla. 5th DCA 1999).

68. In Florida, a lien is not any conveyance of the legal title or of the right of possession, 697.02, F.S. The [hypothetical] execution of any [hypothetical] lien would not destroy anyof the unities. Therefore, the joint tenancy and the right of survivorship could not havepossibly been destroyed


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IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

CASE NO. 07-00228-CV-FTM-29-SPC

JORG BUSSE,

Plaintiff,

v.

LEE COUNTY, FLORIDA

BOARD OF LEE COUNTY COMMISSIONERS,

THE LEE COUNTY PROPERTY APPRAISER,

KENNETH M. WILKINSON, et al.,

Defendants.

__________________________________________/

WILKINSON'S MOTION FOR ENTRY OF ORDER

DIRECTING PUBLIC SALE OF REAL PROPERTY

AND INCORPORATED MEMORANDUM OF LAW

Defendant, KENNETH M. WILKINSON, as THE LEE COUNTY PROPERTY

APPRAISER ("Wilkinson"), by and through his undersigned counsel, hereby moves this Court

for the entry of an order directing the public sale of the interest of Plaintiff, JORG BUSSE

("Busse") in a parcel of real property located in Cayo Costa, Florida, pursuant to Rule 69,

Federal Rules of Civil Procedure, and Chapter 56,Florida Statutes, along with this Court's Writ

of Execution, and as grounds therefor, states as follows:

Procedural and Factual Background

1. On April 10, 2007, Busse filed this action against 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, State of Florida Department of Environmental

Case 2:07-cv-00228-JES-SPC Document 432 Filed 05/21/10 Page 1 of 7


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Protection.

2. Busse's Third Amended Complaint was dismissed by this Court on May 5, 2008

(D.E. 338) and Judgment was entered in favor of Defendants (D.E. 339).

3. Busse appealed this Court's Order dismissing his Third Amended Complaint to

the 11 Circuit Court of Appeals ("11 Circuit") on May 6, 2009 (D.E. 341).th th

4. On August 22, 2008, Wilkinson filed a Motion for Sanctions pursuant to Eleventh

Circuit Rule 27-4, requesting an order awarding attorneys' fees in the amount of $5,000, double

costs and such other relief as the Court deemed appropriate for defendant Appellant's frivolous

appeal.

5. The 11 Circuit Court of Appeals affirmed this Court's dismissal of Plaintiff'sth

Third Amended Complaint in its opinion issued on March 5, 2009 (D.E. 365).

6. The 11 Circuit also granted Wilkinson's Motion for Damages and Costs in itsth

Order issued on March 5, 2009 (D.E. 386, Ex. C).

7. On July 28, 2009, the 11 Circuit issued a Judgment awarding Wilkinson $5,000th

in attorneys' fees and double costs in the amount of $48.60 ("the Judgment") (D.E. 386, Ex. D),

as sanctions for Busse's pursuit of a frivolous appeal.

8. The Judgment remains outstanding and unpaid in its entirety.

9. Busse has an interest in a parcel of vacant real property legally described as

follows (the "Property"):

Lot 15A, Cayo Costa, as recorded in Plat Book 3, Page 25, Public Records of

Lee County, Florida, also known as Parcel No. 12-44-20-01-00015.015A.

10. The Property was acquired by Busse on April 30, 2004, conveyed by Warranty

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Deed recorded in Official Record Book 4300, at Page 474, Public Records of Lee County,

Florida, and transferred on April 16, 2008, to Jorg Busse and Jennifer Franklin Prescott, as

Tenants in Common, by Warranty Deed recorded as Instrument No. 2008000101396, Official

Records of Lee County, Florida.

11. A certified copy of the Judgment was recorded on November 18, 2009, in the

Public Records of Lee County, Florida at Instrument No. 2009000309384, along with an

Affidavit containing the address of the judgment holder, Instrument No. 2009000309382, which

serve as a lien against the Property. Copies of the recorded Judgment and Affidavit are attached

hereto as Exhibits A and B, respectively.

12. Wilkinson believes that there are no other assets in Lee County of Busse's that

may be seized to satisfy the Judgment against Busse.

13. Wilkinson filed a Motion for Issuance of Writ of Execution by on November 30,

2009 (D.E. 386).

14. This Court construed Busse's Emergency Motions for Relief filed on December 4,

2009 (D.E. 389) as his response to such motion (in this Court's Order dated January 26, 2010,

D.E. 422), and granted Wilkinson's motion in its Order entered February 1, 2010 (D.E. 424),

directing the Clerk to issue a Writ of Execution.

15. On February 2, 2010, the Clerk of this Court issued a Writ of Execution (D.E.

425).

16. Upon Wilkinson's direction, on February 8, 2010, the U.S. Marshal Service

served the Writ of Execution personally on Busse.

17. On April 4, 2010, the U.S. Marshal Service also levied upon and posted the Writ

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of Execution on the Property described in paragraph 9 above, as evidenced by the Process

Receipt and Return filed in this Court on April 6, 2010 (D.E. 429).

18. Wilkinson has incurred and will incur additional costs incident to the issuance and

service of the Writ of Execution and the attendant levy and sale of the assets seized therewith,

and is entitled to tax those costs against Busse. See, 28 U.S.C.A. 1921.

Memorandum of Law

Rule 69(a) of theFederal Rules of Civil Procedure governs the sale of realty pursuant to

a writ of execution, which is to be accomplished "in accordance with the practice and procedure

of the state in which the district court is held." Fed. R. Civ. P. Rule 69(a). See, Weir v. United

States, 339 F.2d 82 (8 Cir. 1964);see, also, United States v. Branch Coal Corp., 390 F.2d 7 (3dth

Cir. 1968).

In Florida,Florida Statutes 56.21 governs notice of sales of realty under execution

sales. It states in pertinent part that a public sale of realty requires "Notice [...] given by

advertisement once each week for 4 successive weeks in a news paper published in the county in

which the sale is to take place." Florida Statutes 56.21.

Wilkinson perfected his judgment lien on the Property on November 18, 2009, by

recording a certified copy of the Judgment (see Exhibit A) and recording an Affidavit containing

the address of the judgment holder in the Official Records of Lee County, Florida (see Exhibit

B). This Court issued the Writ of Execution on February 2, 2010, and the U.S. Marshal Service

served the Writ of Execution personally on Busse on February 8, 2010, and levied upon and

posted the Writ of Execution on the Property on April 4, 2010. Upon levy of the Property,

Wilkinson is entitled to entry of an order directing the public sale of the Property in accordance

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withFlorida Statutes, 56.061.

Pursuant toFlorida Statutes, 56.21, the sale shall take place at the time, date, and place

advertised in a notice published once a week for four successive weeks in a newspaper published

in the county in which the sale is to take place, namely in Lee County, Florida.

On or before the date of first publication of the notice of sale, Wilkinson shall provide

notice of the sale to Busse by certified mail in accordance withFlorida Statutes, 56.21.

In executing against the Property, Wilkinson is entitled to collect against Busse's interest

as a joint tenant in such Property. The joint tenancy formed between the owners of the Cayo

Costa parcel is severed by enforcement of the judgment lien against the Property. See,McDowell

v. Trailer Ranch, Inc., 421 So.2d 751 (Fla. 4 DCA, 1982). In McDowell, a parcel of realth

property owned by three joint tenants was found to be subject to execution . The 4 DCA, citingth

noted:

There is simply no merit to appellant's position that his interest is not subject to

execution. While there is no case in Florida directly on point, a plethora of

authority throughout the country exists in support of our conclusion.

See,Jamestown Terminal Elevator, Inc. v. Knopp, 246 N.W.2d 612, 614 (N.D. 1976) (severance

of a joint tenancy interest in real property may be accomplished by ... sale under execution upon a

judgment lien);In Re Larendon's Estate, 439 Pa. 535, 266 A.2d 763, 42 A.L.R.3d 1107 (1970)

(sale upon execution of judgment against one joint tenant effects an involuntary severance of the

joint tenancy). See also, 12 Fla.Jur.2d Cotenancy and Partition 8 (1979) (a tenancy in common

will come to an end upon its conveyance, voluntary or otherwise, to a stranger or third party);

Frederick v. Shorman, 259 Iowa 1050, 147 N.W.2d 478 (1966) (levy and sale upon execution of

interest of one joint tenant operates as severance of joint tenancy and purchaser at sale becomes

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tenant in common with other co-owners).

As Judgment Creditor, Wilkinson is entitled to credit bid its judgment at any public sale.

SeeFlagship State Bank of Jacksonville v. Carantzas, 352 So.2d 1259 (Fla. 1 DCA 1977); seest

also Overholser v. Walsh & Nottlebaum, 362 So.2d 471 (Fla. 3d DCA 1978). Therefore,

Wilkinson requests that it be entitled to credit bid its judgment, namely Five Thousand Forty-

Eight Dollars and Sixty Cents ($5,048.60), plus costs incident to the issuance and service of the

Writ of Execution and the attendant levy and sale of the assets seized therewith, plus accrued and

further accruing interest at the rate as allowed by law, at the public sale.

WHEREFORE, Wilkinson requests that this Court enter an order:

A. authorizing and directing the public sale by the U.S. Marshal Service of the

interest of Plaintiff, JORG BUSSE ("Busse") in the Property described in paragraph 9 hereof,

including to set a date, place and time for the sale of the real property in Lee County, Florida,

legally described as follows:


Lee County, Florida, also known as Parcel No. 12-44-20-01-00015.015A

B. that the public sale shall take place after notice of the sale is published once a

week for four consecutive weeks in a newspaper published in Lee County, Florida;

C. that the notice shall identify the real property by address and/or legal description;

D. allowing Wilkinson the right to credit bid the amount of its Judgment, plus post-

judgment interest, plus costs incident to the Writ of Execution and the sale, at said public sale;

C. taxing against Busse the costs incurred by Wilkinson incident to the issuance and

service of the Writ of Execution and public sale of the Property; and

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D. such other relief as the Court feels necessary and proper.

A proposed Order is attached hereto as Exhibit C.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 21, 2010, I electronically filed the foregoing with the

Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to

the following: Dr. Jorg Busse, Post Office Box 11124, Naples, FL 34101-11124, and

Jennifer Franklin Prescott, P.O. Box 845, Palm Beach, FL 33480.

By: /s/ Jack N. Peterson

Jack N. PetersonAssistant County Attorney

Florida Bar No. 0832774

DAVID M. OWEN

LEE COUNTY ATTORNEY

2115 Second Street

Post Office Box 398

Fort Myers, Florida 33902-3098

Telephone No. (239) 533-2236

Facsimile No. (239) 485-2118

[email protected]

Page 7

mailto:[email protected]:[email protected]


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Case 2:07-cv-00228-JES-SPC Document 432-1 Filed 05/21/10 Page 1 of 2


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IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

CASE NO. 07-00228-CV-FTM-29-SPC

JORG BUSSE,

Plaintiff,

v.

LEE COUNTY, FLORIDA

BOARD OF LEE COUNTY COMMISSIONERS,

THE LEE COUNTY PROPERTY APPRAISER,

KENNETH M. WILKINSON, et al.,

Defendants.__________________________________________/

ORDER DIRECTING PUBLIC SALE OF REAL PROPERTY

This matter came before the Court on the Motion of Defendant, KENNETH M.

WILKINSON, as THE LEE COUNTY PROPERTY APPRAISER ("Wilkinson"), for Entry of

Order Directing Public Sale of Real Property. Having reviewed the motion and incorporated

Memorandum of Law and the various filings in this action, the Court has determined that a

public sale of the interest of Plaintiff, JORG BUSSE, in the property described in the motion is

appropriate for purposes of satisfying the judgment, it is now

ORDERED:

1. Wilkinson's Motion for Entry of Order Directing Public Sale of Real Property is

hereby GRANTED.

2. The sale of the interest of Plaintiff, JORG BUSSE, in the real property legally

described as follows (the "Property"):





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is hereby authorized as follows:

A. The United States Marshal for the Middle District of Florida, or his

representative, is authorized and directed by this Court to sell the interest of Plaintiff, JORG

BUSSE, in the real property described as follows:



together with any improvements, buildings and appurtenances thereon and thereunto pertaining,

at public auction;

B. The sale by public auction shall be held at the front steps of the Old Lee

County Courthouse, 2120 Main Street, Fort Myers, Florida 33901, or at such other place within

Lee County as the United States Marshal shall determine. After the Marshal has determined the

date, time and place for the sale, the Marshal shall insert the date, time and place for the sale in a

Notice of Sale of Real Property and shall promptly mail a copy of said Notice of Sale to counsel

of record;

C. The date, time and place for the sale shall also be announced by the United

States Marshal by advertising the Notice of Sale once a week for four (4) consecutive weeks

preceding the date fixed for the sale in a newspaper or general circulation in Lee County, Florida

and by any other notice that the United States Marshal or his representative may in his discretion

deem appropriate;

D. That the interest of Plaintiff, JORG BUSSE, in the real property shall be

sold with any unpaid ad valorem real property taxes owing to Lee County, Florida, to be paid as

an expense of sale from the proceeds of sale, prorated to the actual date of sale;

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E. That the successful bidder shall be required to deposit with the United

States Marshal a minimum of ten percent (10%) of the amount bid on the date of the sale, either

by certified check or by cash deposit; however, Defendant Wilkinson, by and through counsel or

authorized person, shall have the right to credit bid its Judgment at the public sale;

F. That the balance of the purchase price, if any, shall be tendered to the

United States Marshal by the successful bidder within ten (10) days following the date of the

sale. Payment shall be made by certified check payable to the United States Marshal for the

Middle District of Florida. In the event the purchaser fails to fulfill this requirement, the deposit

shall be forfeited and applied to the expenses of sale and the interest of Plaintiff, JORG BUSSE,

in the subject parcel shall be re-offered for sale in the same manner as provided for in the initial

sale;

G. That Plaintiff, JORG BUSSE, or any person acting under his direction or

authority shall, within thirty (30) days of the date of this Order, in good order with all fixtures

and appurtenances thereto, deliver up to the United States Marshal, his interest in the subject real

property, including all keys to the premises, suitably labeled. No person receiving notice of the

entry of this Order shall take any steps to demean, impair or destroy the value of these premises,

including the improvements thereon, and no actions shall be taken to impede the United States

Marshal in the execution of his duties except pursuant to the order of this Court;

H. That pending the sale of the interest of Plaintiff, JORG BUSSE, in the

subject property, the United States Marshal shall have free access to the premises and shall take

all actions appropriate to preserve and protect said property until the deed thereof is delivered to

the successful bidder, including securing the premises and obtaining any necessary insurance;

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I. That the sale shall be subject to confirmation by this Court and upon

confirmation and receipt of the full purchase price of such sale, the United States Marshal shall

execute and deliver his Deed, conveying the interest of Plaintiff, JORG BUSSE, in the subject

property sold to the successful purchaser;

J. That, after confirmation of the sale of the subject property, the United

States Marshal shall ascertain the expenses of the sale, including amounts due for ad valorem

taxes to be ascertained from the Lee County, Florida, Tax Collector, and shall pay those amounts

out of the sale proceeds. The United States Marshal shall then remit the balance of the sale

proceeds to the Clerk of this Court with a statement of the amount of the net proceeds received

from the sale; and

K. That within thirty (30) days after the Clerk gives notice to the parties that

she has received the funds from the United States Marshal, each party claiming an interest in said

proceeds shall certify to the Court and to every other party the amount of its claim.

DONE AND ORDERED at Fort Myers, Florida, this ______ day of ________________,

20_____.

__________________________________

United States District Judge

Copies:

U.S. Marshal (3 certified copies)

Counsel of Record (via ECF)

Jorg Busse, Post Office Box 11124, Naples, FL 34101-11124 (via U.S. Mail)

Jennifer Franklin Prescott, P.O. Box 845, Palm Beach, FL 33480 (via U.S. Mail)

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