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Notice of Appeal From Illegal Hearing & Order ...

Notice of Appeal From Illegal Hearing & Order ...

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Published by BANKUNITED_FRAUD
JUDICIAL FRAUD IN FLORIDA
JUDICIAL FRAUD IN FLORIDA

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Published by: BANKUNITED_FRAUD on Feb 24, 2011
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02/24/2011

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 1
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR COLLIER COUNTY, FLORIDA 
BANKUNITED,
non-
successor in interest 
to [
lawfully seized
] BANKUNITED, FSB., purported
plaintiff(s)
, vs. 
DISPOSED CASE NO.: 09-6016-CA 
JENNIFER FRANKLIN-PRESCOTT,
et al 
.,purported
defendants
._________________________________________________________________________/
 
 
NOTICE OF APPEAL FROM “ROCKET DOCKET”, ROBO JUDGE(S) ‘
02/22
 
ORDER
’,
 
CORRECTION 
” OF DISPOSITION & FRAUD ON THE COURT IN DISPOSED CASE 1. “08/12/2011 DISPOSITION” RECORD EVIDENCE
  
2. “02/08/2011” “AMENDED HEARING” RECORD
 
OBJECTIONS TO “
02/22/2011
 
ORDER
” AND ILLEGAL “
02/22/2011 HEARING 
3. The prima facie
unauthorized
02/22/11 hearing 
” had been “
amended 
on 02/08/2011
andthen
cancelled
: 
 
 4. The purported
02/22/2011 order 
” arose from an
unlawful
and previously
cancelled
hearing.
 
 2
02/18/2011 NOTICE OF APPEAL AND 02/21/2011 CANCELLATION OF HEARING
 
 RETIRED MONACO HAD NO
AUTHORITY 
TO
DENY 
PRESCOTT’S MOOT MOTION
5.
After
the
02/18/2011 NOTICE OF APPEAL
,
02/21/2011 CANCELLATION OFHEARING 2/14/2011
, and
08/12/2010 DISPOSITION
, Judge Daniel R. Monaco had
no
 
authority
to “deny” Jennifer Franklin-Prescott’s
moot
motions to dismiss & enjoin. 
ARBITRARY REMOVAL / “
CORRECTION 
” OF “
08/12/2010 DISPOSITION 
” RECORD
6.
After
the
unlawful
02/22/11 hearing 
”, the Docket showed the
removal
and/or “
correction
of the “
08/12/2010 disposition
: 
 
 
 
 
 
 
WHEREFORE, Jennifer Franklin-Prescott respectfully demands a legal explanation of said
arbitrary
and
capricious
“correction” and a copy of said “
MEMORANDUM REGARDING
 
CORRECTION OF THE DISPOSITION RECORD
”.
 
RETIRED JUDGE “RECYCLES” COMPLAINT OF BANK THAT LACKS
STANDING 
 
7. Here, the
wrongful foreclosure
action had been
disposed
on 08/12/2010
after
Prescott hadfiled her Motion(s) to Dismiss. Here,
retired Monaco
 
failed
to
take judicial notice
of the
08/12/2010 disposition
and case file evidence. Here, Monaco did
not
read the case file(s)any more than the robo-signer at “
BankUnited 
” and/or “
Albertelli law
”. One attorneydescribed the sham process and
bias
towards the bank:
 
If the court finds for the defendant, the plaintiffs just re-file. The only way for thecaseload to get reduced is to give the case to the plaintiff. The entire process isdesigned with that fraudulent result in mind 
.”
 
 
 3Here
after disposition
in favor of Franklin-Prescott, the court system has been
rigged
toenable “
BankUnited 
” to commit
fraud
 
all over again
. Monaco had no
authority
to overturnJudge Hayes’
disposition
without any
justification
. Here
after 08/12/2010
, the motion todismiss had been
moot
. For financial gain,
retired
Judge Monaco “re-opened” the closeddoor for the “
plaintiff 
” so that “
BankUnited 
” may continue to
conceal
its
lack 
of 
note
and
standing 
.
 
ROBO JUDGE MONACO CONCEALED PERVERSION OF LAW AND FACT
8. Here,
BankUnited 
” could not
possibly
obtain any
termination
of a purported
equitable right of redemption
by court order, because no
admissible evidence
of 
debt 
,
genuine instrument 
,and/or 
promissory note
was on file in this
disposed
case. Robo Judge Monaco knew and/or concealed that “
BankUnited’s
” robo-signed
sham
 
affidavits
were
null and void
.
 
OBJECTIONS TO
HEARING 
BEFORE RETIRED JUDGE AFTER DISPOSITION
9. Here, Jennifer Franklin-Prescott had
objected
to the
retired
judge’s
prejudice
and rejectionof correspondence and pleadings evidencing said
fraud on the Court
.10. Airlines understand the
risks
of 
retired
old pilots. Similarly, courts should not “hire”
temporary
judges who need the extra money to sign off on
prima facie fraud
and may
lack 
 the necessary
understanding 
of instruments that did not even exist when they were on thebench.
 
PREJUDICE AGAINST PRESCOTT IN FAVOR OF
BANK 
ON THE RECORD
11. Jennifer Franklin-Prescott contacted Court Administration, which advised her of an alleged
Order 
prejudicing
Prescott.
 
RECORD PREJUDICE AGAINST FRANKLIN-PRESCOTT
12. Hon. Daniel R. Monaco, a
retired
temporary
” judge reportedly “denied” Franklin-Prescott’s [
moot
] motion(s) in her 
absence
and
without any authority
.
 
NOTICE OF APPEAL & RESPONSE TO UNLAWFUL HEARING & TRIAL
13. Hereby, Jennifer Franklin-Prescott
appeals
from said alleged “
02/22/2011 order 
” and
responds
to the fraud on the Court and
retired
Judge Daniel R. Monaco.
 
  

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