Professional Documents
Culture Documents
EMERGENCY MOTION
1. For the record criminal and unlawful purposes of extorting fees and property, Defendant
“07/29/09 judgment”, fake “lien”, fake “land parcels”, and facially forged “resolution
Case as well. See also record recusals of Def. Judges S. Polster Chappell and J. E. Steele.
The public record conclusively proved Honeywell’s crimes, and Plaintiffs sued Def.
Honeywell in her private individual capacity. Def. Honeywell’s crimes such as, e.g.,
extortion, deliberate deprivations, and title fraud were outside the scope of any immunity
3. Honeywell had fixed Plaintiffs’ Case No. 2:2009-cv-00791, and illegally obstructed justice
“3. The Clerk is further directed to no longer accept ANY filings from Plaintiffs
in this case because a judgment has been entered and Plaintiffs have filed a
notice of appeal as to the Court’s Order (Dkt. 213), and this case is CLOSED.”
Defendant Honeywell procured and conspired to procure the “judgment”, Doc. ## 213, 214,
through record extortion and fraud schemes such as, e.g., facially forged “land parcels”, fake
“resolution 569/875”, fake “lien”, and “forged 07/29/09 judgment”. See Lee County Public
4. Here, Def. Honeywell knew that pursuant to the Lee County Public Records, the purported
“lien” and “07/29/09 judgment” was a fraud and extortion scheme under color of official
5. Plaintiff public corruption victims and record landowners hereby appeal from Defendant
Crooked Judge Honeywell’s facially fraudulent “order”, “Doc. # 38, 07/07/10”, coercion, and
“Because Plaintiffs previously inundated the Court with electronic submissions and
failed to comply with the Court’s order, this Court will not reinstate any electronic
filing privileges.”
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Here again, Defendant “judicial whore” C. E. Honeywell fraudulently concealed, and
conspired to conceal, that Plaintiffs never had any “electronic filing privileges”.
6. Therefore here as a matter of law and fact, previously non-existent “privileges” could not
possibly have been “not reinstated”. Here, Defendant Corrupt Judge Honeywell was under
absolute obligations to again disqualify herself, 28 U.S.C. § 455, 28 U.S.C. § 144, but
continued to preside to cover up and conceal record Government crimes. See, e.g., fake “land
parcels” on file; fake “lien”; fake “07/29/09 judgment”; and prima facie Government scam
“O.R. 569/875”.
7. Defendant “judicial whore” C. E. Honeywell is at the center of the record public corruption,
coercion, fraud, and extortion scheme under color of facially forged and incomprehensible
“resolution 569/875” and a fake “lien” and non-existent “07/29/09 judgment”. See Lee
8. Here again, Honeywell threatened, intimidated, and coerced the Plaintiffs to refrain from
9. In her fraudulent “order”, Doc. # 37, Defendant Honeywell concealed the prima facie
“Plaintiffs seek to prevent the attachment of a lien to property in Case No. 2:07-CV-
228-JES-SPC and seek a reversal of an order issued by this Court in Case No. 2:09-
CV-791, Dkt. 213.”
alienation could not have possibly been any legislative function. Only a court of law could
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have possibly engaged in judicial due process. Here pursuant to the public record, Plaintiffs
held exclusive, unimpeachable, marketable, and unencumbered record title to “Lot 15A” in
10. Here, Defendant Crooked Judge Honeywell fraudulently concealed that the U.S. Court of
Appeals for the 11th Circuit had no jurisdiction on or around “July 29, 2009”. See Doc. #
432-1. On or around “July 29, 2009”, the falsely pretended “judgment” could NOT have
possibly been made by said 11th Circuit, because the appellate jurisdiction had ended with
receipt of the mandate in the District Court. See Doc. # 365, June 2009 (06/15/09). Here,
Peterson’s facially fraudulent “lien” scheme. See Doc.# 432. See also Ch. 56, Florida Stat.
11. Here, Def. Honeywell fraudulently concealed that no “mandate” regarding any “attorney’s
fees” had issued [or could have possibly issued for record lack of appellate jurisdiction] and
that Defendant Jack N. Peterson, Lee County Assistant Attorney, had perjured himself when
“…a judgment [was] issued by the United States Court of Appeals in and for the
Eleventh Circuit on July 29, 2009 in Docket 08-13170-BB against Appellant Jorg
Busse in the amount of $5,048.60.”
Here, Defendants Peterson and Wilkinson fraudulently pretended and conspired to falsely
pretend a “July 29, 2009, judgment”. Here, said Defendants knew that no mandate regarding
falsely pretended “attorney’s fees” had issued. See Doc. ## 386-2; 432-1. Furthermore
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admittedly, Doc. # 432, no specific fee request or cost schedule had been made as absolutely
12. The Eleventh Circuit has held that the action becomes final on the date the district court
receives the appellate court's mandate. See U.S. v. Lasteed, 832 F.2d 1240-43 (11th Cir.
1987). Therefore here, Defendants Honeywell, Wilkinson, and Peterson conspired with other
Officials to extort and defraud the Plaintiffs under color of a record fake “lien” and scam
“O.R. 569/875” even though the Defendants knew that no mandate had issued.
13. Just like sham “claim” “O.R. 569/875”, the non-existent “07/29/2010 judgment” was a prima
facie fraud and extortion scheme. Just like the judicial concealment of Plaintiffs’ multiple
actions in State Courts since 2006, here Judges and other Officials concealed the record
absence of a falsely pretended “07/29/2009 judgment” and fake “resolution”. See Case No.
2:2007-cv-00228.
14. Since the clerk has responsibilities for entering a judgment, Fed.R.App.P. 36, and for
taxation of costs, Fed.R.App.P. 39(d), the duty to issue the mandate contemplated by Rule
41 is the responsibility of the clerk. In particular, the copy of the judgment or summary order
that is sent to the district court, in addition to being stamped "MANDATE" and "true copy",
will bear a sticker saying "mandate issued" and indicating the date of issuance. Second, the
attorneys for the parties will be sent a copy of the mandate that bears this sticker. Here,
Defendants Wilkinson and Peterson perpetrated their “lien” and “mandate” fraud & extortion
scheme.
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15. Here, Defendant Crooked Judge Honeywell and other Defendants concealed that the
subjective intent of the judicial panel deciding a particular case is irrelevant to the fact of
whether or not the mandate actually issued. Nor is the mandate deemed issued merely upon
the filing of an opinion or summary order. For any mandate to issue there must be "[a]
certified copy of the judgment and a copy of the opinion, if any, and any direction as to costs
* * * unless the court directs that a formal mandate issue." See Fed.R.App.P. 41. Therefore
here, there were no mandate and no lien as fraudulently pretended by, e.g., Defendants
16. Here, the fictitious “07/29/2009 judgment” never existed. Here, no judge had signed and/or
dated the fake “judgment”. The non-issued and facially forged “mandate” stated:
“The Clerk is directed to return unfiled all motions or other documents tendered by
Appellant after issuance of this Court’s mandate and to accept no further filings from
Appellant in this closed appeal.” See Doc. # 432-1.
Here, no mandate had ever issued. Here on the record, Peterson forged a mandate for
unlawful and criminal purposes of extorting money and property from the Plaintiffs. Here
in particular, the 11th Circuit had no authority to “direct to return unfiled all motions or
17. The U.S. Court of Appeals for the 11th Circuit decides cases by opinion or by summary order.
After a certain number of days from the date on which an opinion issues, the clerk of the
appellate court files the mandate, which consists of a copy of the opinion, a judgment that
has been drafted and signed by a clerk of the court, and any direction as to costs. See
Fed.R.App.P. 41. The clerk of the court signs her name on a copy of the judgment or order
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that is stamped "MANDATE" at the top of the first page and "true copy" at the bottom of the
last page. The original copies of the judgment or order and the opinion are retained by the
clerk's office, and the "true copy", along with a second copy of the first page of the judgment,
or order, plus a copy of any opinion, is sent to the district court from which the appeal was
taken. The clerk records this event, which is the issuance of the mandate, by signing her
name and the date on a docket card next to a notation indicating that the mandate has issued.
18. After receiving the mandate, the district clerk signs the second copy and returns it to
the circuit court clerk's office, where it is filed. Once a month, the clerk's office sends to
the clerk of each district court a list of all the mandates issued to that court during the month
so that the district clerk can verify receipt of all the mandates that were sent. In addition to
ascertaining when the mandate issues, a diligent appellate party should check the language of
the judgment itself to insure that it conforms to the order or opinion of the appellate court.
See R. Martineau, Modern Appellate Practice, Sec. 17.1 (1983). Here, it was evident that the
Peterson had never been issued as evidenced by, e.g., Doc. # 432, 2:2007-cv-00228.
19. While a panel or a judge may give directions affecting the mandate, it is the clerk, NOT the
judges, who "issues" it. There is no rule or formal authorization in the 11th Circuit, or in any
other circuit, that Plaintiffs are aware of, that provides for issuance of the mandate by court
20. Here, Defendant Crooked Judge Honeywell concealed the formal requirement(s) that the
clerk's office must execute certain concrete procedures which themselves constitute issuance
of the mandate.
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UNFIT DEF. HONEYWELL MISREPRESENTED JURISDICTION AND MANDATE
21. Furthermore, Def. Honeywell concealed that jurisdiction follows receipt of the mandate:
"The effect of the mandate is to bring the proceedings in a case on appeal in our
Circuit to a close and to remove it from the jurisdiction of this Court, returning it to
the forum whence it came."
It is the date on which the mandate is issued and received by the district court, which
determines when the district court reacquires jurisdiction for further proceedings. Issuance of
the mandate was an event of considerable institutional significance. A mandate could NOT
possibly “simply” "issue", just because it should have been issued, or because the panel may
have intended it to issue, or because the statute commands it to issue. See Fed.R.App.P. 27,
41.
22. By his own admission, Defendant Crooked Official Kenneth M. Wilkinson frivolously filed:
Said motion did NOT even invoke Fed.R.App.P. 38 and made no mention of a “frivolous
Fed.R.App.P. 27, because, e.g., no grounds were stated, whatsoever, in said frivolous and
fraudulent motion:
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(iii) A proposed order is not required.
(3) Response.
(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its
contents. The response must be filed within 10 days after service of the motion unless the
court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be
granted before the 10-day period runs only if the court gives reasonable notice to the
parties that it intends to act sooner.
(B) Request for affirmative relief. A response may include a motion for affirmative relief.
The time to respond to the new motion, and to reply to that response, are governed by
Rule 27(a)(3)(A) and (a)(4). The title of the response must alert the court to the request
for relief.”
23. Diligent search of the Lee County Public Records for “Busse Jorg” did not show the prima
facie fraudulent “affidavit”, “Doc. # 432-2 filed 05/21/10” [Case No. 2:07-cv-00228].
24. Here in particular, Def. Honeywell fraudulently concealed that Crooked Officials Kenneth
M. Wilkinson and Jack N. Peterson had violated 11th Circuit Local Rules, FRAP 39, p. 154,
25. As a matter of law and basic logic, no “lien” could possibly “attach” to Plaintiffs’ “Lot 15A”,
PB 3 PG 25 (1912), if the record title to Plaintiffs’ said riparian Gulf-front property had
“transferred” to Lee County, Florida. Just like a bungling Government idiot, here Honeywell
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made no sense, whatsoever. Here plain and short, Defendant Honeywell’s purported defense
and claim of a “resolution” and/or land use regulation were facially idiotic.
26. Here, Honeywell refused to answer plain and short questions such as, e.g., who or which
Honeywell knew that the deceptively chosen “land use regulation” authorities and case law
in said fraudulent “judgment” and “opinion”, Doc. # 365, could NOT have possibly applied,
because here the legal issues were admittedly record title and ownership and NOT any
fictitious land use regulation. Here just like a Government idiot and “whore”, Honeywell
rambled about “frivolity” to mislead and deceive and evade the record legal issues.
27. Rather than recuse herself because of her record idiocy and fraud, Honeywell continued to
obstruct justice and make more facially idiotic & illegal “orders”, Doc. ## 37, 38.
28. “In Case No. 2:09-CV-791”, e.g., Doc. ## 213, 236, Defendant Honeywell threatened and
silenced the Plaintiffs without any authority. Here, Defendant Honeywell illegally deprived
the Plaintiffs of court access for the unlawful and criminal purposes of coercing the Plaintiffs
to refrain from further prosecution. In particular, Honeywell illegally instructed the Clerk of
Court to obstruct and interfere with the orderly filing of Plaintiffs’ pleadings. See criminal
29. Here, Honeywell knew that the Plaintiffs were never divested of their unimpeachable record
title to their riparian Gulf-front property against their will. In particular, Honeywell knew that
scam “O.R. 569/875” was not, and could not have possibly been any land use and/or police
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power regulation. As a matter of absolute law, no police power regulation could possibly
transfer title against a landowner’s will. Honeywell knew and concealed that the “judgment”
and “opinion” “in Case No. 2:07-CV-228-JES-SPC” were on their faces judicial shit and
conclusive proof of public corruption and conspiracy to defraud and deliberately deprive
30. Here, Defendant Crooked Judge C. E. Honeywell conspired with other Defendants and
Government Officials to perpetrate, e.g., record deception, trickery, and fraud under
31. Here, Honeywell knew that the “judgment” and “opinion” “in Case No. 2:07-CV-228-JES-
SPC” were facially fraudulent, null, and void. See Doc. # 365; June 15, 2009. “The Board of
Commissioners of Lee County, Florida,” had never “claimed” “Lot 15A” “as public land”.
32. Defendant Honeywell knew that Plaintiffs were the unimpeachable title holders and tax
payers of record, and that several Appeals have been pending regarding the prima facie
33. Here, “judicial whore” Honeywell knew that no judgment had ever existed to support any
“lien”. See Doc. # 365. Here, Def. Honeywell conspired with other Defendants such as, e.g.,
Kenneth M. Wilkinson and Jack N. Peterson and fraudulently concealed fake land parcels
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“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” and the prima facie illegality
34. The Plaintiff public corruption victims had sued Defendant Corrupt U.S. Judge Charlene E.
Honeywell and other Defendant U.S. Agents in their private individual capacities for prima
facie unlawful and criminal acts outside any “immunity” and “official capacity”. Here,
Defendant Crooked Honeywell had multiple conflicts of interest and concealed her unlawful
35. In particular, Defendant Crooked Judge Honeywell concocted and conspired with other
Defendants and Government Officials to concoct a “resolution” and/or “law” for facially
unlawful and criminal purposes of deliberately depriving & defrauding the Plaintiffs and
extorting real property and fees “under color of” sham “claim” “O.R. 569/875”. In the record
absence of any “legal description” in said Government scam “O.R. 569/875”, Honeywell
idiotically pretended:
Here on the public record, Honeywell fraudulently concealed and conspired to conceal that
no “lawmaker” had ever “adopted” prima facie sham “resolution 569/875” and that no “legal
appeared in said prima facie scam “O.R. 569/875”. In particular, Honeywell concealed and
conspired to conceal that any involuntary alienation would have exclusively been a judicial
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function. Here, Honeywell fabricated said judicial trash even though she knew that no
“legislative act”, “resolution”, law and/or “O.R. 569/875” could have possibly involuntarily
divested the Plaintiffs of their record property. Here plain and short, Honeywell acted like a
“judicial whore” in obvious contempt of law and order. Here, Honeywell’s record policy and
custom has been to pervert the law and perpetrate fraud on the Court.
36. Here, Defendant Crooked Honeywell fraudulently concealed that the law did not recognize
any “claim as public land” and/or “resolution 569/875”. See also Chapters 95; 73, 74; 712,
37. Here Honeywell knew that said prima facie extortion scheme “O.R. 569/875” had lacked any
color, legal description, and legislative signature. No name of any lawmaker and no
legislative history had existed. Just like a pedophile priest, here Honeywell raped innocent
Plaintiffs and obstructed justice and investigation of the record crimes by Defendant
Government Agents.
38. Here, Def. Crooked Honeywell knew that the Plaintiffs had fundamental rights to own their
riparian street and up lands on the Gulf of Mexico and exclude Government.
39. Here, Honeywell covered up, and conspired to cover up, for the prima facie unlawful and
criminal acts of Defendant Crooked Judges John E. Steele, Joel Dubina, Susan H. Black, and
Stanley F. Birch, who had fraudulently concealed Plaintiffs’ fundamental rights, Doc. ##
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“Property rights would not be fundamental rights since they are based on state law.”
“Additionally, substantive due process protects only fundamental rights, that is, those
rights which are implicit in the concept of ordered liberty. Such rights are created by
the Constitution, and do not include property rights.”
40. Here, no intelligent, rational, fit, and honest judge, juror, and/or person in Steele’s, Dubina’s,
Birch’s, and Black’s shoes could have possibly determined such utterly arbitrary, capricious,
and contemptuous shit. Here, said judicial Crooks disrespected and raped the law in bright
day light and then covered up under false pretenses of “frivolity” and “vexatiousness” claims.
41. American society has been built upon and around the fundamental Constitutional right to
own property and exclude Government. Here of course, said Government Crooks’ record
perversion of both Federal and Florida Constitutions was an EMERGENCY of the first order.
42. Here, Plaintiff public corruption victims defended against fraudulent “claims”, defenses,
prima facie scam “O.R. 569/875”, and said fake “land parcels”. “Judicial whore” Honeywell
tarnished the reputation of this Court, and Plaintiffs were absolutely entitled to Honeywell’s
recusal. Here, the unlawful “lien”, threats, and extortion under color of scam “O.R. 569/875”
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43. Pursuant to local rule 3.01
Here, Defendant “judicial whore” Honeywell was NOT the Court. Defendant objectively
crooked Judge Honeywell has been merely an objectively partial and corrupt judicial officer,
who has been raping the law under color of, e.g., “O.R. 569/875” and facially forged “land
parcels”.
44. Rule 60(b) allows courts to vacate improperly entered judgments and final orders. In
particular, Rule 60(b) of the Federal Rules of Civil Procedure allows a district court to vacate
a judgment against a party who shows circumstances such as, e.g., mistake, newly discovered
evidence, or fraud. Fed.R.Civ.P. 60(b). Here, facially unexecuted sham “claim” “O.R.
569/875” was a prima facie fraud and extortion scheme, because as a matter of law, no
“resolution” and/or “legislative act” could have possibly involuntarily divested the Plaintiffs
45. Here in fullest support of Plaintiffs’ Rule 60(b) motion(s), the record fraud and fabrications
of a “resolution” and facially un-adjudicated and frivolous “land claim” “O.R. 569/875”
were highly relevant to the legal issues upon which the Case(s) turned. Here, the case turned
on, e.g., record Government corruption, fake “land parcels”, and Plaintiffs’ unimpeachable
record title to and ownership of their street and up lands along the Gulf of Mexico, accreted
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46. "Frivolity, like obscenity, is hard to define." See WSM Inc. v. Tennessee Sales Co., 709 F.2d
1084 (6th Cir. 1983). For unlawful and criminal purposes of extorting fees and real property
under color of Defendants’ prima facie fraud scheme “O.R. 569/875”, Crooked Honeywell
47. Here on their faces, Defendant Honeywell’s “orders” were fraudulent, “frivolous as filed”
and “frivolous as argued”. Here, Honeywell’s orders had no basis in law or fact and were for
the criminal purposes of extorting property and fees. Honeywell recklessly misrepresented
law and facts, because on its face, null and void “O.R. 569/875” was a hoax and scam and
48. Here, Def. Honeywell knew that a “Parcel” or “S.T.R.A.P.” Number is a 17 digit parcel
00015.015A appeared on Plaintiffs Notice of Paid Taxes for their riparian Lot 15A, PB 3, PG
a. “01” identified the 1912 Plat of Survey of the private undedicated residential “Cayo
Costa” Subdivision as recorded and legally described in Lee County Plat Book 3,
Page 25;
b. Said Plat of Survey identified (U.S. Governmental Survey System)
i. Section 12;
ii. Township 44 S;
iii. Range 20 E;
c. “00015” identified “Block 15”, PB 3, PG 25;
d. “015A” identified accreted riparian Gulf-front “Lot 15A”, PB 3 PG 25.
49. According to the record, Defendant Honeywell conspired with other Defendants and
Officials to perpetrate fraud on the Court(s) and keep the Plaintiffs away from the Court
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under fraudulent pretenses and color of incomprehensible and idiotic “land claim” “O.R.
569/875”. See, e.g., Dkt. ## 213, 236, Case No. 2:09-cv-00791. Here, Honeywell knew that
the law never recognized facially null and void “O.R. 569/875”. Said Defendant deliberately
deprived and deceived and conspired to deprive and deceive Plaintiffs and other record
50. Here, Defendant Honeywell fraudulently concealed Plaintiff(s)’ Motions under Rule 46, and
46(c), Fed.R.App.P. Rule 46(c) has been the appellate court's disciplinary rule "for conduct
unbecoming a member of the bar or for failure to comply with any court rule." Sanctions
under Rule 46(c) can include removal of the attorney(s)’ name(s) from the roll authorized to
practice before the court. See also Federal Circuit Attorney Discipline Rules 5 and 6.
51. Honeywell refused to look to 28 U.S.C. § 1927 in order to assess costs, expenses and
attorney fees solely on the attorney. Unlike Rule 38 and Section 1912, which are limited to
appellate courts, section 1927 could be used by any court of the United States to assess
liability for excessive costs when the attorney "multiplies the proceedings in any case
unreasonably and vexatiously." Furthermore, section 1927 directs the court to require the
attorney to "satisfy personally the excess costs, expenses, and attorneys' fees," as opposed to
52. Here under facially false pretenses and color of Government scam “O.R. 569/875” and a fake
“lien”, and fake “07/29/09 judgment”, Def. Honeywell conspired with other Officials to fix
the Cases and intimidate and threaten the Plaintiffs for unlawful purposes of extorting
Plaintiffs’ property and fees and coercing the Plaintiffs to refrain from prosecuting the
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WHEREFORE, Plaintiffs demand
disrespected the law, disrupted the proceedings in favor of the Defendants, perverted the
facts of record, and could not possibly be trusted to be impartial and fair, 28 U.S.C. § 455; 28
U.S.C. § 144;
authority and prima facie scam “O.R. 569/875”, said fake “lien”, and fake “07/29/09
judgment”;
could have possibly alienated Plaintiffs’ record property against their will;
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4. An EMERGENCY Order enjoining said record EXTORTION and CORRUPTION and
embarrassingly idiotic Governmental and judicial hoax of a “public land claim” [see, e.g.,
Defendants Jack N. Peterson, and Kenneth M. Wilkinson from perverting the record &
6. An EMERGENCY order relieving the Plaintiffs from the fraudulent judgment, orders, and
proceedings of record such as, e.g., Doc. ## 210, 212, 213, 214. for said well-proven reasons;
7. An EMERGENCY order relieving the Plaintiffs from the fraudulent concealment of their
State action, 2006-CA-003185, Lee County Circuit Court, BUSSE v. STATE OF FLORIDA;
8. An Order compelling Defendant crooked Judge Honeywell to SHOW CAUSE why she did
not fraudulently conceal Plaintiffs’ record ownership of said Lot 15A, Parcel # 12-44-20-01-
9. An Order compelling Defendant crooked Judge Honeywell to SHOW CAUSE why she did
not fraudulently conceal Plaintiffs’ unimpeachable record ownership of said Lot 15A, Parcel
10. An Order compelling Defendant crooked Judge Honeywell to SHOW CAUSE why she did
not maliciously pervert the dispositive affirmation of Plaintiffs’ record ownership by the U.S.
Court of Appeals for the 11th Circuit, Prescott, et al., v. State of Florida, et al., 343 Fed.
11. An Order compelling Defendant crooked Judge Honeywell to SHOW CAUSE why she did
not capriciously conceal Plaintiffs’ unimpeachable record ownership of said Lot 15A, Parcel
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# 12-44-20-01-00015.015A, which the Defendants Lee County had asserted before the 11th
12. An Order compelling Defendant Honeywell to SHOW CAUSE why her “rulings” were not
NULL AND VOID and procured through the criminal scheme of false “frivolity” and
“vexatiousness” pretenses and the concealment of said fake “legal descriptions”, fake “land”
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Def. Crooked Honeywell’s Real Estate Fraud:
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