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Florida Second District Court of Appeals Petition for Writ of Mandamus

Florida Second District Court of Appeals Petition for Writ of Mandamus

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Published by Larry Bradshaw
Florida Second District Court of Appeals Petition for Writ of Mandamus - IN THE SECOND DISTRICT COURT OF APEALS IN AND FOR THE STATE OF FLORIDA Larry R. Bradshaw
Petitioner

vs.

CASE NO._______________

WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANKUNITED, FSB F/K/A BANK UNITED OF TEXAS, FS, US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR GSMPS 2004-4
Respondent _________________________________/______________________________________

PETITION FOR WRIT OF MANDAMUS Petitioner, Larry R. Bradshaw, pro se, pursuant to Fla. App. Rule 9.03
Florida Second District Court of Appeals Petition for Writ of Mandamus - IN THE SECOND DISTRICT COURT OF APEALS IN AND FOR THE STATE OF FLORIDA Larry R. Bradshaw
Petitioner

vs.

CASE NO._______________

WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANKUNITED, FSB F/K/A BANK UNITED OF TEXAS, FS, US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR GSMPS 2004-4
Respondent _________________________________/______________________________________

PETITION FOR WRIT OF MANDAMUS Petitioner, Larry R. Bradshaw, pro se, pursuant to Fla. App. Rule 9.03

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Published by: Larry Bradshaw on Nov 30, 2010
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07/29/2013

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IN THE SECOND DISTRICT COURT OF APEALSIN AND FOR THE STATE OF FLORIDALarry R. Bradshaw
Petitioner 
vs. CASE NO._______________ WASHINGTON MUTUAL BANK F/K/AWASHINGTON MUTUAL BANK, FASUCCESSOR BY MERGER TO BANKUNITED,FSB F/K/A BANK UNITED OF TEXAS, FS,US BANK NATIONAL ASSOCIATIONAS TRUSTEE FOR GSMPS 2004-4
Respondent _________________________________/______________________________________ 
PETITION FOR WRIT OF MANDAMUS
Petitioner, Larry R. Bradshaw, pro se, pursuant to Fla. App. Rule9.030(b)(3), and Rule 9.100(a), files this “Petition for Writ of Mandamus” todirect Judge Joseph C. Fuller, and Michael McHugh, of the TwentiethJudicial Circuit in and for Lee County Florida, Civil Division, to reinstatecase number 07-CA-011562 (Washington Mutual Bank F/K/A WashingtonMutual Bank FA, Successor by merger to BankUnited FSB F/K/A Bank United of Texas FS), which was erroneously dismissed by Judge ElisabethAdams (substitute judge) without a written order on July 07, 2008, and order Judge McHugh to dismiss case no. 08-CA-055974 (US Bank NationalAssociation as Trustee for GSMPS 2004-4), under the doctrine of resadjudicate and or collateral estoppel, and states:
1
 
I.
BASIS FOR INVOKING JURISDICTION OF THECOURT
.
This Court has jurisdiction over this matter pursuant to ArticleV
. Section 4(b)(3) of the Florida Constitution and Fla. App. Rule[s] 9.030(b)(3) and 9.100(a). The Petitioner (Larry R. Bradshaw) seeks theextraordinary remedy of a writ of mandamus as relief in regards to thesummary dismissal of Case No. 07-CA-011562 by Judge Adams, (Exhibit P-1), without a written order signed, filed or served. But where, attorneyCindy Runyun, filed the Form 1.998 Final Disposition on 7/3/08, indicatingthe case was dismissed before hearing and that Plaintiff was the prevailing party (Exh. P-6). This document is in conflict with the online Docket (Exh.P-11) which shows the case was voluntary dismissed after hearing on 7/9/08.A similar Form was attached to Plaintiff’s Motion to Dismiss sent ex parteto Judge Steinbeck (Exh. P-13) which resulted in a Judicial Memorandum being issued by Judge Steinbeck (Exh P-14) where Judge Steinbeck admonished attorney Cindy Runyun for asking her to sign an order inchamber without a hearing (ex-parte) and advised attorney Runyun thatdismissal does not require an order of the court, it is done by filing a notice pursuant to Rule 1.420(a). Petitioner would advise the court for clarity,regarding the note at the bottom of the page, which mentions the return of 
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the original note. Plaintiff’s requested the return of the original note at 4. onthe ex parte Motion to Voluntarily Dismiss the case and cancel Lis Pendens(Exh. P-13) which Judge Steinbeck filed in the court and served on theDefendant, to which defendant filed his verified motion to strike the motionto voluntarily dismiss the case and cancel lis pendens on 6/17/2008. JudgeSteinbeck apparently responding to defendant’s motion issued the judicialmemorandum dated 6/18/2008. The following Notice of Voluntary CaseDismissal contains the same request, to which Defendant/Petitioner agreeswith Judge Steinbeck that the original documents were never filed becausethey were an issue for discovery that was never satisfied. It must be notedthat, in the succeeding case no. 08-CA-055974, Plaintiff counsel argued incase no. 08-CA-055974 in a Memorandum of law in opposition toDefendant’s Motion for Evidentiary Hearing @ 7. that case no. 07-CA-011562 had been voluntarily dismissed because it was brought in the nameof the wrong plaintiff. (Exh. P-15). Notwithstanding, that the only motions set for hearing on 7/7/08 wasdefendant’s motions to strike and summary judgment, Judge Adams,(relying on statements of stand-in attorney Brian Hummel, that a notice of voluntary dismissal had been filed, but had not been put into the docket),summarily dismissed the case on July 07, 2008. Florida Default Law Group,
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All of the Exhibits from P-1 - P-22 are available if you go into "More from this user"
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