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Motion for Rehearing Carroll v Baker

Motion for Rehearing Carroll v Baker

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Published by John Carroll
Baker's gonna kill me for this, but I love to fight monsters
Baker's gonna kill me for this, but I love to fight monsters

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Published by: John Carroll on Feb 01, 2011
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02/01/2011

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I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUITI AD FOR WALTO COUTY, FLORIDACIVIL DIVISIOCOASTAL COMMUITY BAK,Plaintiff, Case o.: 09CA001577vs.JOH CARROLL, JODIE CARROLL,CHAMBERS STREET BUILDERS, IC.,TAUTO TRUSS, IC., and DEPARTMETOF THE TREASURY ITERAL REVEUESERVICE, et alDefendants. ____________________________________ JOH CARROLL,Counter-Plaintiff vs.COASTAL COMMUITY BAK andMIKE BYERSCounter-Defendants. ____________________________________________/DEFEDAT and COUTER-PLAITIFF JOH CARROLL’SMOTIO FOR REHEARIG
COMES NOW COUNTER PLAINTIFF, pursuant Florida Rules of Civil Procedure1.530 and states:1. On October 14, 2010 the Court heard Plaintiff’s Motion for SummaryJudgment over the objection of John Carroll who was not served with Centennial’sMotion for Summary Judgment (nor was the Court served with Centennials Motion).
 
2. Counsel for Centennial decided during the hearing to forgo Centennial’sMotion for Summary Judgment and ride on Coastal’s Motion for Summary Judgmentinstead.3. Carroll knew, and knows, that Coastal’s Motion for Summary Judgmentcould not issue because of unresolved material issues to be resolved at trial, but Carrollalso knew that he was not required to provide a Memorandum in Opposition to Coastal’sMotion, because Coastal was closed by the FDIC long before the hearing on the Motionfor Summary Judgment.4. Carroll intended to file a Memorandum in Opposition to Centennial’sMotion for Summary Judgment, as soon as it was filed, but Centennial never filed their Motion, despite the fact that he Notice of Hearing said they had.5. Even this Honorable Court had no idea prior to the hearing that the partieswould not be arguing Centennial’s Motion.6. The simple fact of the matter is, the loan that Centennial now argues toforeclose was modified and replaced by a new loan, with a new balance, new terms,construction financing and new account number. (Exhibit A)7. It is elementary that Centennial cannot foreclose on a loan that is extinctand has been replaced by a new loan.WHEREFORE, Carroll requests:A) Relief from the Order granting the partial final summary judgment.B) A belated re-hearing on the Motion for Partial Final Summary Judgment sothat this Court can hear from the Counter Plaintiff and the Internal Revenue Service onthe terms and conditions of the true loan in place.
 
C) All further relief deemed appropriate by this Court.
CERTIFICATE OF SERVICEI HEREBY CERTIFY
that a copy of the foregoing was forwarded to Frank A.Baker, Esq., 4431 Lafayette Street, Marianna, FL. 32446, counsel for Coastal, and to PaulAlan Sprowls, Asst. U.S. Attorney, 111 North Adams Street, Tallahassee, FL 32301,counsel for the IRS, and to Taunton Truss, Inc., in care of Abigail J. Taunton, 702 N.Highway 71, Wewahitchka, FL 32465, and to Franks Cash & Carry, Inc. in care of FrankM. Schissler 619 Pitts Bayshore, Freeport, FL 32439, and to Gary Shipman, Esq. at1414 County Highway 283 South, Suite B, Santa Rosa Beach, FL 32459, counsel for WaterSound by regular mail this 31st day of January, 2011 and by original service of  process on Mike Byers.
 _____________________________ 
John P. CarrollBox 613524WaterSound, FL 32461Tel: (850)231-5616Fax: (850)622-5618

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