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, after the a. 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. MOODY’S 07/27/2010 PRE-MEDITATED CASE FIXING & BRIBERY 2. On the day of his re-assignment, 07/27/2010, Defendant Crooked Judge James S. Moody fixed and conspired to fix Plaintiffs’ Case in exchange for Defendants’ bribes:
3. Here within hours, Defendant Moody fixed and conspired to fix Plaintiff record public corruption victims’ Case and fraudulently and falsely pretended to have reviewed a. “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 4. Here, no fit, honest, intelligent, and reasonable judge or person in Defendant Moody’s shoes could have possibly reviewed said alleged hundreds/thousands of “filings”, “eleven actions” … and Plaintiffs’ highly meritorious and conclusively proven allegations within hours.
PRIMA FACIE ARBITRARY, CAPRICIOUS, AND MALICIOUS JUDICIAL TRASH 5. Here another bungling Government idiot, Def. Judge Moody, copied and pasted “repetitive” and “incomprehensible” judicial trash, Doc. # 22, which on its very face was, e.g.: a. “patently frivolous”; “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 its publicly recorded reputation of organized crime and corruption, 28 U.S.C. § 455. RECORD INSANITY & IMPOSSIBILITY OF execution of lien on “claimed land” 6. In particular, Def. Crooked Judge Moody concealed and conspired to conceal that as a matter of law, execution proceedings and/or enforcement of a facially forged lien and “writ of execution” in the record absence of any “July 29 judgment”, Doc. ## 425, 432, 386, Case 2:2007-cv-00228, were impossible if there would have [hypothetically] been any “claim as public land”. 7. Here, the Clerk of U.S. District Court conspired with Defendant Crooked U.S. Judges to issue a writ of execution, Doc. # 425, while the Court, its Crooked Judges, and Def. Corrupt Judge Moody idiotically and falsely pretended a Lot 15A “claim as public land”. 8. If [hypothetically] there had been involuntary alienation of Plaintiffs’ Lot 15A against Plaintiffs’ will in a court of law, and a record judgment, as a matter of law there could not have possibly been: a. any forced sale of purportedly involuntarily alienated Lot 15A; b. any genuine “writ of execution”; c. any lis pendens; d. any execution. PATTERN & POLICY OF ORGANIZED CRIME & CORRUPTION ON RECORD 9. Here in action after action, organized Criminal Judge after Judge, extended the publicly recorded premeditated pattern and policy of, e.g., fraud, corruption, extortion, fraud on the Court, Fla.R.Civ.P. 1.540. 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; §§ 695.26, FLORIDA STATUTES NOTICE OF APPEAL FROM FRAUDULENT “order” [DOC. # 22] & RACKETEERING
10. The Plaintiff unimpeachable record owners of and holders of indisputable unencumbered title to Lot 15A, Cayo Costa, S-T-R-A-P 12-44-20-01-00015.015A, hereby appeal 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 criminal means of Doc. # 22] as perfectly conveyed and legally described, Plaintiffs’ publicly recorded WARRANTY DEED, INSTR 4450927, Collier County Public Records, INSTR 2010000171344, Lee County Public Records, 2 pages: “… Lot 15A, private undedicated residential Cayo Costa Subdivision, as recorded and 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, publicly recorded natural accretions and riparian rights thereto belonging or in anywise appertaining. GRANTORS further warrant the within described riparian accreted Gulf-front property 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 lawfully seized of said riparian upland and adjoining riparian street land on the Gulf of Mexico in fee simple; that the Grantors have good right and lawful authority to sell and convey said riparian Gulf-front upland and street land on said Gulf as legally described in reference to said private 1912 Subdivision Plat; that the Grantors hereby fully warrant the unimpeachable record title to said riparian accreted street and up-lands on the Gulf of Mexico and pursuant to the Lee County, State of Florida, and Federal Public Records have defended and will defend their marketable record title against 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 Florida, and the United States of America, and their corrupt Agents, Officials of record, 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 accreted riparian 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 lawful governmental authority; outstanding oil, gas, mineral, and or any other interests of record, if any; and private riparian water-front easements of record, restrictions, if any, and unimpeachable private implied street and alley easements of record as conveyed in reference to said 1912 Plat.”
NOTICE OF APPEAL FROM CORRUPT JUDGE MOODY’S ORDER, DOC. # 22 11. The Plaintiff unimpeachable record owners of Lot 15A, Cayo Costa, S-T-R-AP 12-44-20-01-00015.015A, hereby appeal from the publicly recorded prima facie organized Government crime, corruption, racketeering, extortion, retaliation, obstruction of justice, fraud, fraud on the Court, deliberate deprivations, et al., “Doc. # 22, filed 07/27/2010”, by Defendant U.S. Judge and Racketeer James S. Moody, Jr. 12. Under fraudulent pretenses of a facially idiotic and incomprehensible “claim as public land” and fictitious “$5,000 sanctions”, Doc. # 22, Defendant Racketeer Moody conspired to extort Lot 15A and money from the Plaintiff unimpeachable record owners of Lot 15A, Cayo Costa. DEF. MOODY’S RECORD “TIRADE” AGAINST PUBLIC CORRUPTION VICTIMS 13. This corrupt Court’s latest “order”, Doc. # 22, “in this case is not so much” an order “as it is a free-flowing, stream-of-consciousness tirade against” Plaintiff whistleblowers and victims of Government 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 14. The law did not recognize the facially incomprehensible and absurd “claim as public land”, Doc. # 22. See Ch. 73, 74, EMINENT DOMAIN; 95, ADVERSE POSSESSION, 712, FLORIDA’S MARKETABLE RECORD TITLE ACT, Florida Statutes. 15. Here, the public perception of “judicial fraud and corruption” by Defendant Dishonorable Officials Charlene Edwards Honeywell and Def. Dishonorable John Edwin Steele were the inescapable and indisputable conclusions of any reasonable person in Defendant Moody’s shoes. 16. Here, no reasonable and intelligent person in Def. Moody’s shoes could have possibly determined that the fake “resolution/legislative act” and “$5,000 sanctions” Government scams were not prima facie extortion and fraud schemes in violation of Florida Statutes, Constitution, and law. JUDICIAL NOTICE OF PLAINTIFFS’ PUBLICLY RECORDED PERFECTED TITLE 17. § 90.201 (1), Fla. Stat., states: Matters which must be judicially noticed. A court shall take judicial notice of: (1) Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States. Here, the U.S. Courts shall take judicial notice of Chapter 712, Florida Statutes, Florida’s self-enforcing Marketable Record Title Act. Here as a matter of law, Chapter 712, Florida Statutes, governed supremely and superseded the facially falsified and forged “resolution”, scam “O.R. 569/875”. Here, Defendants Lee County, FL, had no authority to pervert Florida law. JUDICIAL NOTICE OF IMPOSSIBILITY OF involuntary alienation by “resolution” 18. 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 governed supremely and superseded the facially falsified and forged
“adoption”-“resolution”-scam “O.R. 569/875”. Here, the Government Defendants and Officials had no authority to pervert Florida law. EXPRESS FLORIDA STATUTORY PROHIBITIONS, CH. 73, 74, 95, FLA. STAT. 19. 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 have possibly divested the Plaintiffs of their Lot 15A against their will. Here, the public record, Doc. # 22, established Defendant Moody as a bungling Government idiot and crook, who disrespected and perverted the law for criminal and illegal purposes of cover-up and fraudulent concealment. DEF. MOODY VEXATIOUSLY FIXED THE CASE IN EXCHANGE FOR BRIBES 20. Here, Def. Moody’s “order”, Doc. # 22, was “patently frivolous, baseless, vexatious, and harassing”. No intelligent, fit, and honest judge or person in Defendant J. S. Moody’s shoes could have possibly determined any a. 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 to Lee County against Plaintiffs’ will; e. any transfer of title by any legislative act, resolution, or law, whatsoever. PRIMA FACIE CRIMINALITY OF INCOMPREHENSIBLE “claim as public land” 21. § 90.202 (12), Fla. Stat., states: “Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.” ACCURATE & READY DETERMINATION OF PLAINTIFFS’ RECORD OWNERSHIP 22. 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 Lee County Plat Book 3, Page 25 was a. 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 one’s property. See Florida’s self-enforcing Marketable Record Title Act; Ch. 712, Florida Statutes. See Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, Cayo Costa, on file. PUBLICLY RECORDED ORGANIZED GOVERNMENT CRIME AND CORRUPTION
23. Defendant U.S. Judge James S. Moody, Jr., is part of a Government crime and corruption organization in Florida, U.S.A. “For approximately four years”, the publicly recorded policy and pattern have been cover-up, fraudulent concealment, obstruction of justice, racketeering, fraud, fraud on the Court, and extortion of Lot 15A, Cayo Costa, and money. GOVERNMENT FRAUD UPON THE COURT, FLA.R.CIV.P. 1.540 24. “For approximately four years”, Defendant U.S. Judges and Government Officials have “showered courts in the Middle District of Florida with hundreds” of prima facie corrupted fraudulent orders and communications for criminal and illegal purposes of racketeering and extortion of Lot 15A and money under fraudulent pretenses of, e.g.: a. Fake “resolution”; b. Fake “land parcels” see, e.g., “12-44-20-01-00000.00A0”; “07-44-21-0100001.0000”; c. Fake “5,048.60 judgment”, Case 2:2007-cv-00228; d. Fake “writ of execution”, Doc. # 425, Case 2:2007-cv-00228; 25. Here, absolute power produced absolute judicial & Government corruption and the publicly recorded perpetration of fraud upon the Courts. 26. The procedural and substantive rules prohibited Defendant Moody from fixing the Case based upon the perversion of conclusive public record evidence. CONSPIRACY TO RACKETEER, EXTORT, RETALIATE, AND DEFRAUD 27. Defendant Crooked U.S. Judge James S. Moody, Jr., conspired with other Officials, Defendants, and Government gang members to racketeer, retaliate, obstruct justice, and extort money and Lot 15A, Cayo Costa, from the Plaintiff indisputable 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 the Cayo Costa subdivision of Lee County, Florida. Plaintiffs attempt to challenge a resolution 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 that a. 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 Lee County, Florida; c. Lot 15A, Cayo Costa, was never “claimed as public land”; d. Lot 15A could not have possibly 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 forged colorless “claim” lacked any authentic legal description; i. The colorless facially forged “claim” lacked any legislative signature and name(s). DEF. MOODY FRAUDULENTLY CONCEALED NULLITY OF SHAM “claim” 28. Here in particular, Def. Crooked Judge Moody knew, fraudulently concealed, and conspired to conceal that Ch. 95, Florida Statutes, would have absolutely required Defendants Lee County, FL to pay real property taxes prior to any [hypothetical] judicial adjudication of any colorless adverse possession “claim” by Defendants Lee County, FL. 29. Here, the Plaintiffs and their predecessors in title had paid property taxes, Lot 15A, since 1912 and since the date of the publicly recorded Federal Land Patent root title. See Lee County Grantor/Grantee Property Index. 30. 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 been barred and extinguished., Ch. 712, Florida Statutes. 31. Here, Defendant Crook and Racketeer J. S. Moody extended the Government pattern and policy of, e.g., public corruption, racketeering, retaliation, extortion, fraud on the Courts, and deliberate deprivations under fraudulent pretenses of, e.g., a legally and factually impossible and falsified “claim”, “resolution 569/875”, “legislative act”, “sanctions”, “judgment” in the record absence of any authority and jurisdiction. Here, Defendant Crook Moody had no authority to break Florida law on the record and perpetrate Government crimes under color of office. DECEPTION, TRICKERY, FRAUD; LACK OF RECORD OF ANY “claim” 32. § 695.26, Requirements for recording instruments affecting real property, provides: (1) No instrument by which the title to real property or any interest therein is conveyed, 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 1inch 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. 33. Here, Defendant Corrupt Judge Moody knew, concealed, and conspired to fraudulently conceal that a. No “claim” had ever legally existed; b. No “claim” had ever been legally recorded; c. No “claim” could have possibly ever legally existed; d. Any and all “claims” had been extinguished and barred, Ch. 712, 95, Fla. Stat. DEF. MOODY FRAUDULENTLY CONCEALED EXTORTION, RACKETEERING 34. Defendant Moody fraudulently asserted and pretended, Doc. # 22, p. 2: “Plaintiff Busse was sanctioned $5,000 but refused to pay.” Here, Defendant Racketeer Moody knew and fraudulently concealed that Defendant Kenneth M. Wilkinson had never incurred actual and necessary attorney’s fees in the facially falsified amount of “$5,000”. In June 2009, the U.S. Court of Appeals for the 11th Circuit 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. 35. Here, Dr. Jorg Busse had paid the final money judgment in the amount of “$24.30” for “copies” issued as mandate in June 2009, Case No. 2:2007-cv-00228. 36. Here just like a bungling Government crook and idiot, Defendant Moody covered up, concealed the truth, and obstructed justice for publicly recorded criminal purposes of extortion and racketeering. 37. Here, Def. Moody knew that frivolity had never been any issue, whatsoever, as publicly recorded and conclusively evidenced by the Opinion, Judgment, and Mandate in said Case. 38. COMPULSORY JUDICIAL NOTICE § 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 Plaintiff exclusive indisputable record owners of Lot 15A, Cayo Costa, PB 3, PG 25 (1912) had requested the Federal Courts to take judicial notice of the matter and issue of their record unencumbered and perfected ownership and title, 12-44-20-0100015.015A. DEFENDANT CROOKED JUDGE MOODY’S SHAM “order”, DOC. # 22 8
39. was a. b. c. d. e.
Here on its face, Defendant Crooked Judge Moody’s sham “order”, Doc. # 22, Controverted by Plaintiffs’ publicly recorded indisputable title to Lot 15A; Controverted by Plaintiffs’ publicly recorded property tax payments; Facially incomprehensible and baseless; Arbitrary, capricious, and malicious; Idiotic and irrational.
RECORD TAX PAYMENTS WERE CAPABLE OF ACCURATE DETERMINATION 40. Here, Plaintiffs’ publicly recorded satisfactory real property tax payments, Lot 15A, were capable of accurate and ready determination and indisputable. Said indisputable record tax payments had controverted any “claim”. PLAINTIFFS’ RECORD DEED WAS CAPABLE OF READY DETERMINATION 41. Here, Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, was capable of accurate and ready determination and indisputable. 42. Here as a matter of law, Plaintiffs’ record title and tax payments had conclusively controverted: 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. AS A MATTER OF LAW, ANY AND ALL CLAIMS HAD BEEN BARRED, CH. 712, F.S. 43. As a matter of law, Ch. 712, Fla. Stat., had extinguished any and all “claims” against Lot 15A, Cayo Costa. 44. In “1969”, the fabricated date of the fictitious “resolution”, the statute of limitations for any 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. 45. Here, Lee County, FL, had never “claimed” anything, and no authentic record of any “claim” had ever legally existed or had ever been legally recorded. FALSIFIED “claim”, “O.R. 569/875” WAS LEGALLY ABSOLUTELY IMPOSSIBLE 46. Here as a matter of law: a. No “resolution” could have possibly involuntarily divested the Plaintiffs of their Lot 15A; b. No “law” could have possibly involuntarily divested the Plaintiffs of their Lot 15A; c. Any involuntarily alienation would have necessarily been a judicial function; 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”. 9
PERVERSION OF RULE 69 FOR CRIMINAL PURPOSES OF RACKETEERING 47. 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 directs otherwise. The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the 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 interest whose interest appears of record may obtain discovery from any person — including the judgment debtor — as provided in these rules or by the procedure of the state where the court is located. 48. Here, Def. Moody conspired to conceal that a. The paid $24.30 money judgment and final mandate, Doc. # 365, Case 2:2007cv-00228 could not be “enforced by a writ of execution”; b. The facially 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 lost jurisdiction 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. No genuine July 2009 judgment could have possibly existed in said Case; g. The fictitious “July 29, judgment” could not be found in the public records 49. 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”, fake “resolution 569/875” were capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. 50. § 65.61 Quieting title; additional remedy.-- 65.61(2) states:
(2) GROUNDS.-- When a person or corporation not the rightful owner of land has any conveyance or other evidence of title thereto, or asserts any claim, or pretends to have any right or title thereto, which may cast a cloud on the title of the real owner, or when any person or corporation is the true and equitable owner of land the record title to which is not in the person or corporation because of the defective execution of any deed or mortgage because of the omission of a seal thereon, the lack of witnesses, or any defect or omission in the wording of the acknowledgment of a party or parties thereto, when the person or corporation claims title thereto by the defective instrument and the defective instrument was apparently made and delivered by the grantor to convey or mortgage the real estate and was recorded in the
county where the land lies, or when possession of the land has been held by any person or corporation adverse to the record owner thereof or his or her heirs and assigns until such adverse possession has ripened into a good title under the statutes of this state, such person or corporation may file complaint in any county in which any part of the land is situated to have the conveyance or other evidence of claim or title canceled and the cloud removed from the title and to have his or her title quieted, whether such real owner is in possession or not or is threatened to be disturbed in his or her possession or not, and whether defendant is a resident of this state or not, and whether the title has been litigated at law or not, and whether the adverse claim or title or interest is void on its face or not, or if not void on its face that it may require extrinsic evidence to establish its validity...” 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 fraudulent execution and enforcement for criminal 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 on the grounds provided by statute. (b) Contents. A motion to disqualify shall allege the facts relied on to show the grounds for disqualification and shall be verified by the party. (c) Time. A motion to disqualify shall be made within a reasonable time after discovery of the facts constituting grounds for disqualification. (d) Determination. The judge against whom the motion is directed shall determine only the legal sufficiency of the motion. The judge shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall enter an order of disqualification and proceed no further in the action. (e) Judge's Initiative. Nothing in this rule limits a judge's authority to enter an order of disqualification on the judge's own initiative. Committee Note: disqualification. The rule is intended to unify the procedure for
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES 3. Said Rule states:
(b) Parties. Any party, including the state, may move to disqualify the trial judge assigned to the case on grounds provided by rule, by statute, or by the Code of Judicial 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; (3) be sworn to by the party by signing the motion under oath or by a separate affidavit;” 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 or bias 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 12
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 … 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: MOODY’S 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 Canon’s 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 state’s 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 perpetrated fraud upon the Court(s), and the Plaintiffs could not possibly get a fair, just, and speedy trial because of Def. Moody’s 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 shall disqualify himself or herself in a proceeding in which the judge’s 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 for bribes, 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 “07-44-21-0100001.0000”, 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 trial at the dirty hands of bribed 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, 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 judge’s “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 Moody’s 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 disciplinary charges 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 Moody’s disqualification/recusal. Here, Defendant Moody has been silencing and shutting up the Plaintiffs without any authority and for criminal purposes of cover up and concealment of organized Government crimes. See, e.g., Def. Moody’s and Honeywell’s 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. b. c. d. Fake “judgment”; Fake “writ of execution”; Facially forged “land parcels”; Fake park.
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