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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Case No.: Plaintiff, -vs.Division:

Defendants.

MOTION FOR SATISFACTION OF JUDGMENT AND FOR REFUND OF OVERPAYMENT OF JUDGMENT

The Defendants in the above case requests that the Court issue an order in this action acknowledging that the Judgment has been satisfied pursuant to Fl R. CP RULE 1.540. (b) (5) based on one of the reasons set forth below; that the court further stay the Plaintiffs unauthorized counsel from taking any further steps to execute the judgment fraudulently obtained, pursuant to Fl R CP 1.550 (b), because Defendants have just learned that as of December 20, 2011, the Plaintiff, Guy informed the Defendant that he was in possession of the premises commonly known as the OFG Palmetto Property, and collected rents from L;’[ ], FA., was paid in full, the amount paid to its attorneys, Shapiro and Fishman, were

paid in full, and the case should have been dismissed at that time; and thereafter, the attorneys, Akerman Senterfitt unlawfully continued without any authority from Washington Mutual Bank, FA or, its successor (by operation of law), JP Morgan Bank, to proceed and obtain a judgment against the Defendants utilizing a fraudulent affidavit, a forged promissory note, and misrepresented to the Florida’s Third District Court of Page 1

because Akerman Senterfitt argued to the Court of Appeals that Washington Mutual Bank.04 et. the only authorized attorneys for Washington Mutual Bank. and Akerman Senterfitt cannot enhance the expenses owed to the Plaintiff by merely tacking on unnecessary or unauthorized expenses. and satisfied. such an instrument. that Washington Mutual Bank. As creative and flexible as we may wish to allow contracting. 3D08-1466. Because the case should have been dismissed at that time. FA still had the right to recover on the forged note because it had been lost. as in the case cited. Stuart Kalb Trustee. (2009).Appeals. and their unauthorized continuation of the action as a part of the judgment debt. and Washington Mutual Bank. private parties to be in their agreements. then found in the possession of Plaintiff. Akerman Senterfitt. because Akerman Senterfitt should not have continued the case in its name. the Plaintiffs admit that no one other than Washington Mutual Bank. the court should order the judgment amended. FA is entitled to collect on the note. Washington Mutual Bank. and thus the court cannot authorize the inclusion of RFC Homecomings or their lawyers. 3rd DCA. FA. Washington Mutual Bank. FA to continue the case in its name. In this case. and Knack Holdings. and enforceable under. See Section 701. and because Akerman Senterfitt simply associated in. FA and Chase all concede that the judgment is paid in full. FA (now JP Morgan Chase. FA and all court costs were paid in full by Defendants’ mortgage payment. LLC v. Seq. FA is the ONLY entity entitled to recover on the note. Page 2 . and did not substitute in as counsel. because Shapiro and Fishman. and do not want any more money. only the court that issued a judgment may approve what sums are included in. those parties do not have the right to use judgments as another form of mortgage. did not obtain the consent of Washington Mutual Bank.

The loan was sold. and. 2005. There simply is. 2005. Akerman Senterfitt. and argued that the Plaintiffs counsel. NOT Washington Mutual Bank. 2.ARGUMENT Attached are receipts and other documentation that shows the Judgment solely in favor of Washington Mutual Bank.. FA. Defendants have provided proof to the courts. the loan which was the subject of this action was sold to RFC Homecomings. That according to the affidavit prepared and filed by Kimberly A. prior to the action being filed by Shapiro and Fishman. According to the records provided directly from Washington Mutual Bank. Leary (who is currently under investigation by the State Bar for committing fraud in this case). FA had no standing to file suit. even lied about this fact during the hearing on her motion to deprive the Page 3 . The effect of this fact is that Washington Mutual Bank. the records and logs are clear that the loan was sold PRIOR to suit being instituted against the Defendants by Plaintiffs. Leary and Heller. 1. Akerman Senterfitt. as though set forth in full. that the following occurred. FA. received payment in full and the above claim has been satisfied in full as of April 19. 2005. as Defendants have contended all along. committed fraud throughout the entire case. FA. and provided the court with over 150 pages of clear and convincing proof in its motion to set aside judgment on the basis of fraud. and servicing was transferred to Litton Loan Servicing for RFC Homecomings. on March 25. and was never any standing to file this action. that is referred to and incorporated herein. the sale occurred on March 25.

Plaintiffs counsel filed a forged promissory note that does not match the purported certified copy of the note that was originally filed by Shapiro Fishman. filed on behalf of Washington Mutual Bank in the Eskanoses’ Appeal of the Summary Judgment in this matter. RFC could not have filed the foreclosure action because the delivery of the original note had not occurred. When Washington Mutual located the original note in storage. That the Plaintiffs lawyer Akerman Senterfitt Attorney. FA. and we had to make motions to release the funds to pay the contractors. FA. That in order for Plaintiffs counsel to commit fraud on the court and obtain a summary judgment. Washington Mutual could not deliver it to RFC and. She had the audacity to put in her motion the bald face lie that Litton Loan Servicing was servicing the loan for Washington Mutual Bank. but simultaneously attaches a “certified copy” of a note that did not exist. Wallace stated: “Because the original note was lost on the date the complaint was filed. Washington Mutual held the original note. and sought and obtained a judgment against the Defendants solely in favor of Washington Mutual Bank. 4. Ms. That the motion for summary judgment filed by Akerman Senterfitt falsely alleged that Washington Mutual Bank. 3. FA was entitled to. She was almost successful. Wallace’s Answer Brief. it filed it with the circuit court so an effective transfer of the note to RFC did not occur. could not legally transfer it to RFC. Nancy M. but the court did put the funds into the court’s account. This impossibility is a fraud on the court and currently under investigation by the Florida Bar and the Florida Attorney General’s office. That the complaint alleges the note was lost. thus. As the only entity entitled to Page 4 . 2. No entity other than Washington Mutual ever held the note. 5. The note never was delivered to RFC.Defendants of their insurance proceeds after the home was severely damaged by the hurricane and give them to Litton Loan Servicing. even though it could not be located.

Ami Eskanos. 3D09-3392. Washington Mutual Bank. admit that they have been paid in full. FA was paid in full. Leary and Heller. unlawfully and without consent of anyone from Washington Mutual Bank. FA. sold the note to RFC Homecomings. are NOT paying their legal fees or costs. Appellants. on the summary judgment is listed as 4828 Loop Central Drive. and do not employ. who admits without question. FA. 14) 6. That. nor have they paid their legal fees and costs. Washington Mutual Bank. Appellee. claiming that it still belongs to Washington Mutual Bank. Akerman Senterfitt.. That the CHASE bank fraud investigators reported on December 20. FA. et al.” (See: Answer Brief of Washington Mutual Bank. 7. 8. that instead of closing the case and dismissing the action as Shapiro and Fishman were obligated to. and deducted money from the last mortgage payment made to them by the Defendants to pay off its lawyers. 3rd DCA Case No. Washington Mutual had standing to bring this action. POST APPEAL. that they are paid in full. either orally or written. nor have they ever employed. admit that they have no interest whatsoever in the note. who without ANY authorization from Washington Mutual Bank. POST SUMMARY JUDGMENT. in Page 5 . paid the court costs. Pg. 2005. Akerman Senterfitt forged the promissory note. including their attorneys fees and court costs. That the address Akerman Senterfitt. on April 19. have NO retainer agreement with Akerman Senterfitt. continued the action in Washington Mutual Banks name. listed for Washington Mutual Bank. 2010. POST HEARING ON DEFENDANTS MOTION FOR RELIEF BASED ON FRAUD. FA. they transferred their files to Akerman Senterfitt. 2010. Shapiro and Fishman for their filing foreclosure papers. and closed their file. nor do they have any arrangement to pay their fees or costs. FA. Inc.enforce it. admit that as of March 25. showing the balance paid in full. vs.

any lease. telephone number. but not limited to. Houston. telephone number. All documents. FA’s address. FA to sign releases on behalf of Washington Mutual Bank. FA). real estate title. expressly or impliedly. on behalf of Washington Mutual Bank. business card. FA. and proof of employment by Washington Mutual Bank.Houston Texas. or any written proof that Washington Mutual Bank. (paycheck. c. proof of employment at Washington Mutual Bank. is actually Litton Loan Servicing Address and no one there is authorized. A retainer agreement entitling them to represent the Washington Mutual Bank. including but not limited to. (including. Defendants are seeking a stay of enforcement of any judgment of foreclosure until such time as Akerman Senterfitt can provide the defendants with proof of the following facts: a. to accept and endorse any payment made by the Defendants on the judgment. written or other authorization by an officer of Washington Mutual Bank. 9. or any kind of admissible proof that they are an authorized employee of Washington Mutual Bank. FA seeking the name. b. FA is licensed to do business. the sole judgment creditor. position. FA. TX 77081-2166. A name. FA who is authorized to accept payment on this judgment. and collect the attorney’s fees sought in this case. Washington Mutual Bank. FA to whom payment could be made to satisfy the fraudulent judgment. Further. provide a sworn acknowledgment of satisfaction of judgment and notarized documentation releasing any liens. or is doing business at 4828 Loop Central Drive. Page 6 . Defendants have propounded the attached discovery to Washington Mutual Bank.

address of the bank. National Association. including the bank account number. The Defendants are seeking this vital information because the Plaintiff. e. The Plaintiffs lawyers have lied to the Court of Appeals when they told the Court of Appeals that Washington Mutual Bank. if the foreclosure were allowed to proceed. FA was dissolved on September 25.d. They do not do business there. proving and authorizing the person accepting payment on behalf of Washington Mutual Bank. the address given for Washington Mutual Bank. Washington Mutual Bank. All documents. Full. any written authorization by Washington Mutual Bank. FA is not Washington Mutual Bank. FA is entitled to execute or endorse any payment made on this judgment. there is no one there legally permitted to execute a release of the liens filed by Shapiro and Fishman. There is no one at Page 7 . responses. proof that Litton Loan Servicing is authorized to endorse payment made to it by the clerk of the court on behalf of Washington Mutual Bank. 10. Washington Mutual Bank was acquired by JPMorgan Chase Bank. under oath. Washington Mutual Bank. FA does not exist. or. The address and name of bank where any account is held by Washington Mutual Bank. FA were transferred to JP Morgan Chase. FA’s address. complete and HONEST. FA to be entitled to deposit those sums. whether it be by the Defendants. FA. and telephone number of the bank. f. there is no one at that address legally authorized to accept payment on behalf of Washington Mutual Bank. and by operation of law all assets in the possession of Washington Mutual Bank. FA held the forged note and were entitled to collect on it. and a copy of the signature card. 2008. including but not limited to. FA. to the post judgment discovery propounded by the Defendants on December 20th and 21st. FA.

defrauding this court. who can accept payment on behalf of Washington Mutual Bank. or they simply had no standing to pursue the action. the representations it made to the court. and have refused to do so. Furthermore. or obtain a satisfactory explanation why Akerman Senterfitt is using a forged promissory note and fraudulent affidavits to pursue a foreclosure action in their name. including all attorneys’ fees and court costs. has failed to set aside that judgment for fraud. 12. Washington Mutual Bank.Washington Mutual Bank. or makes any request to this court transfer the assets to RFC Homecomings. Akerman and Senterfitt would be admitting that the pleadings it filed with the court. and the affidavits it prepared on behalf of its client. FA. was either a bald face lie. FA. 11. FA’s (now Chase) own fraud division has attempted without success to contact the Plaintiffs lawyers in order to discharge them and demand dismissal of the complaint. Now. the court has granted a summary judgment to an entity that does not exist. and clear the title of the Defendants. and no employee of Washington Mutual Bank. nor has it ever been. assign this action. a party to this action because if a motion is made by Akerman Senterfitt to assign the forged note. RFC Homecomings is not. FA. account. Page 8 . The courts to date have had more than ample opportunity to undo the fraud perpetrated by the Plaintiffs in this case. FA exists to either receive the funds (either by payment of the Defendants. when they are paid in full. deposit them into an Washington Mutual Bank. That Akerman Senterfitts real client. or satisfaction via an unlawful sale of the Defendants home). Debra Lyman. because they were paid in full in April of 2005. Litton Loan Servicing. now JP Morgan Chase.

TX 77081-2166 who is authorized to accept payment on the judgment. JP Morgan Page 9 .13. Leary and Heller with the court was a forgery. e. FA’s name after Washington Mutual Bank. Defendants respectfully request the court stay any further attempts to execute on this fraudulently obtained judgment until such time as the Court obtains proof that: a. Was never authorized by Washington Mutual Bank. 14. FA. FA was paid in full. FA and thus never entitled to ask for fees in this action. The court accepts the fact that the promissory note it filed by Akerman Senterfitt. and for filing a forged promissory note. is the Defendants motion to disqualify Akerman Senterfitt from continuing to represent Washington Mutual Bank. e. That the action be stayed until JP Morgan Chase is able to obtain a voluntary dismissal of this action from the law firm of Akerman Senterfitt. either from the Defendants or from the clerk of the court as a result of the unlawful sale of the Defendants home. has an employee at 4828 Loop Central Drive. and incorporated herein. FA to continue the lawsuit under Washington Mutual Bank. b. c. Defendants can prove Akerman Senterfitt lied on the Summary Judgment when it stated that its purported client. Houston. FA. Akerman Senterfitt was NEVER retained by Washington Mutual Bank. d. Washington Mutual Bank. Filed herewith. filing false and misleading arguments and pleadings in this action. The action be stayed until the completion of the investigation of Kimberly Leary by the Florida Bar for defrauding the court. Defendants obtain sworn proof via pending discovery requests. that the law firm.

.Chase calls to Akerman Senterfitt during the course of their investigation have gone unreturned. its motion to set aside the Judgment for fraud. and gotten away with it at every stage. and the Court of Appeals. Defendants would suffer irreparable harm if the Plaintiffs unauthorized lawyers are entitled to continue with their enforcement of this illegally obtained judgment. FA. What Akerman Senterfitt. Attached are receipts and other documentation that shows the Judgment solely in favor of Washington Mutual Bank.18 in principal. and incorporate herein. Attached to the reply is an affidavit which contains almost 150 pages of clear and convincing evidence that throughout these proceedings. 14. This motion is seeking relief pursuant to Fl R CP 1. must acknowledge that as a result of their misleading the court. That would mean that there was no money owed Washington Mutual Bank. Leary and Heller have committed fraud on this court. they must accept the consequence of crediting $373. 2005.18 in the Lyman Affidavit. FA. and now. Akerman Senterfitt have told the Court of Appeals that the only entity entitled to this judgment is Washington Mutual Bank. 16. Heller and Leary Page 10 . Leary and Heller did NOT disclose to the court. FA. is a credit to the Defendants of $373. as Akerman Senterfitt.907.907. Defendants refer to. 15. Akerman Senterfitt. and the Reply attached thereto. The court before which an execution or other process based on a final judgment is returnable may stay such execution or other process and suspend proceedings thereon for good cause on motion and notice to all adverse parties.550 (b) Stay. They lied to the court. No further money is owed thereafter. as alleged. received payment in full and the above claim has been satisfied in full as of April 19.

Wherefore.were not authorized to begin. let alone. as alleged by the Defendants from the outset.105 for their extreme. and That the Court reconsider its denial of Defendants’ Combined Motion to Strike and Motion to Dismiss. Leary. Heller. and That the Court Grant the Defendants judgment for their costs and attorney’s fees incurred in defending this matter. Leary and William A. The case should have been dismissed. and without provision to amend its Complaint. the law firm of Akerman & Senterfitt. and attorneys Kimberly A. et al. with a specific finding that the Plaintiff’s Claims were substantially frivolous. including the costs and attorney’s fees for the Defendants’ Appeal of the Court’s previous Orders. jointly. and That the Plaintiff’s Counsel. and That the Court dismiss all of Plaintiff’s claims against all of the Defendants. intentional and Page 11 . Rogue attorneys without a retainer agreement and without authority to continue the case are simply not entitled to recover any fees or costs. continue the action. knowingly advanced by Plaintiff’s Counsel Kimberly A. and the law firm of Akerman Senterfitt. be sanctioned by this Court pursuant to Florida Revised Statute 57. respectfully request that this Court vacate the Court’s previous Order of Final Summary Judgment granted to Plaintiff on October 29. but rather were pursued solely for malicious and vexatious purposes. William Heller. for the foregoing reasons. Defendants. The Defendants have already involuntarily paid the legal fees for Shapiro and Fishman’s and the court costs incurred at that time. and grant the Defendants’ Combined Motion to Strike and Dismiss. without any basis in fact or law. 2009. with prejudice.

2010 by: Danny E. 2005. FA at that time. and the action should be dismissed. Respectfully submitted this 17th day of December. and For any such other relief as to the Court may deem proper. That all legal fees and costs were paid in full at that time. and no money was due and owing Washington Mutual Bank. Attorney at law Attorney for above named Defendants Attorney’s Address: 783 Wildflower Drive Palm Harbor. find that the judgment was paid in full on April 19. Fax (727) 812-7457 (with previous notice please) Florida Attorney Registration # 0239940 Page 12 . Eskanos. 34683 Phone (727) 812-7457. in the alternative.malicious fraud on the Court and upon the Eskanoses in their knowing continuation of wholly frivolous claims against the Defendants. Or.

. 12th Floor 106 East College Avenue Tallassee. Leary William Heller Akerman Senterfitt 350 East Las Olas Blvd. 2010. Giddings Akerman Senterfitt Highpoint Center. Lauderdale. FL 33301 Katherine E. FL 32301 Danny Eskanos Page 13 . Suite 1600 Ft.CERTIFICATE OF DELIVERY I hereby certify that on this 17th day of DECEMBER. a true and correct copy of the attached MOTION FOR STAY OF EXECUTION OF JUDGMENT MOTION FOR SATISFACTION OF JUDGMENT was DELIVERED VIA EMAIL TO PLAINTIFF’S COUNSEL and addressed to the following recipients: Attorneys for Plaintiffs: Kimberly A.

Plaintiff. ET AL. Defendants. -vs. FA.: 05-06570 CA 15 Division: ORDER FOR SATISFACTION OF JUDGMENT IT IS HEREBY ORDERED that the Defendants have satisfied the judgment in full in the above referenced case.IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT. IN AND FOR MIAMI-DADE COUNTY.AMI B. Case No. ESKANOS. FLORIDA WASHINGTON MUTUAL BANK. ___________________________________________ _______________________ Date Judge Page 14 .

FLORIDA WASHINGTON MUTUAL BANK. -vs. Thereafter. are internal computerized loan statements from Washington Mutual Bank. FA paid their attorneys Shapiro and Fishman their full legal fees and court costs out of the balance of a mortgage payment made by the Defendants to Washington Mutual Bank. ESKANOS’S DECLARATION IN SUPPORT OF DEFENDANTS MOTION FOR SATISFACTION OF JUDGMENT I. Declare as follows: 1. Attached hereto. but. Defendants. Case No. Eskanos. Plaintiff. FA.76. FA in or about April of 2005. 2. 3. 2005. ESKANOS. was paid in full on or about April 19. Barry B. FA. 2005. because it was uncollected. to the Defendants via Litton Loan Servicing. IN AND FOR MIAMI-DADE COUNTY. ET AL. which state that the loan was sold on March 25. Washington Mutual Bank.: 05-06570 CA 15 Division: DEFENDANTS BARRY B.AMI B. and incorporated herein. and pursuant to the terms of that agreement. Page 15 .065. who had been paid in full. FA. The remaining portion of the mortgage overpayment was returned by Washington Mutual Bank.IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT. was escheated to the State of Florida in the amount of $1.

2011. We have scheduled her deposition for January 31. (866) 605-9253. Who stated Page 16 . Nothing is owed further from the Defendants.. ARTILES – FRAUD INVESTIGATOR FOR JP MORGAN CHASE On December 16. 6. JP MORGAN CHASE EMPLOYEES 1. (866) 605-9253. Artiles. FA. 2010. 2010. who is the one of the fraud investigators for JP Morgan Chase. right or title to the money purportedly owed by the Defendants in this matter and their records show payment is in full. who also disavows any claim. and incorporated herein are the internal computer records showing that the attorney’s fees and court costs were paid in full. including the attorney’s fees for Shapiro and Fishman. All relevant loans and assets belonging to Washington Mutual Bank. 4. in regards to the current status of the investigation of our fraud complaint. I had an extensive discussion with Norma E. Who stated unequivocally JP Morgan Chase had no interest in recovering any money from the Defendants and do not want to pursue the foreclosure against Defendants and show they are paid in full. Attached hereto. PAM CORRELL – FRAUD INVESTIGATOR FOR JP MORGAN CHASE On December 16. on September 25. 2. who is the one of the fraud investigators for JP Morgan Chase. NORMA E. FA were transferred by operation of law to JP Morgan Chase. 5. 2008. in regards to the current status of the investigation of our fraud complaint. even the successor bank employees all unequivocally state that the loan is paid in full. In addition to the records provided by Washington Mutual Bank. I had an extensive discussion with Pam Correll.

KOURTNEE L. FA and its successor. Building 300. FA via the bulk transfer of all assets to JP Morgan Chase. who is the one of the fraud investigators for JP Morgan Chase. ZARELLA . the successor to Washington Mutual Bank. Nothing is owed further from the Defendants. THE FRAUD OPERATIONS ANALYST FOR JP MORGAN CHASE. DONALD S. 3. FL 32256. JP Morgan Chase. We have scheduled her deposition for January 31. Who stated unequivocally JP Morgan Chase had no interest in recovering any money from the Defendants and did not want to pursue the foreclosure against Defendants. Nothing is owed further from the Defendants. in regards to the current status of the investigation of our fraud complaint.unequivocally JP Morgan Chase had no interest in recovering any money from the Defendants and did not want to pursue the foreclosure against Defendants.JP MORGAN CHASE HANDLING OCC FDIC COMPLAINT On November 23. 888-289-6037. GIBSON – CHASE BACK OFFICE TEAM Page 17 . (866) 605-9253. 2011. CAROL SALZER. I had an extensive discussion with Donald P. Nothing is owed to JP Morgan Chase. The loan is paid in full and their file is closed. Chase Quality Assurance. 2010. 5. We have scheduled his deposition for January 31. 2011. We have scheduled her deposition for January 31. Washington Mutual Bank. Zarrella. 4. Jacksonville. 10151 Deerwood Park Blvd. nothing is owed further from the Defendants. 2011.

Washington Mutual Bank.On October 7. but they were already paid in full prior to Akerman Senterfitt becoming involved. have been adamant about these facts. There is no one who is legally authorized to execute any agreement. She said she was referring my correspondence to the legal team for investigation. (614) 422-4450. Finally. including all attorneys’ fees and court costs. The fraudulently obtained judgment is solely in the name of Washington Mutual Bank. Leary and Heller. FA. I had an extensive discussion with Kourtnee Gibson. FA. there are no bank accounts. and even sometimes to the lower court. and now Akerman Senterfitt. Pursuant to claims made by Plaintiffs to the Court of Appeals. There never was standing to institute this suit. FA. 6. and certainly no place to maintain possession of a promissory note Page 18 . Defendants. 2010. JP Morgan Chase is not seeking any further funds on behalf of themselves or Washington Mutual Bank. a dissolved entity. did not want to pursue the foreclosure against Defendants. in regards to the current status of the investigation of our fraud complaint. FA claims to be the sole entity entitled to judgment. the dissolved company. accept payment or to whom the judgment can be satisfied without fraudulently endorsing payment. who is the one of the back office investigators for JP Morgan Chase. Nothing is owed further from the Defendants. 2011. no place to store documents. Their records reflect that the loan was paid in full back in April of 2005. have painted themselves into a corner that no lie or fraud can allow them to escape. throughout this proceeding. Who stated unequivocally JP Morgan Chase had no interest in recovering any money from the Defendants and JP Morgan Chase on their behalf or Washington Mutual Bank. We have scheduled her deposition for January 31.

_______________________________ Barry B. who is personally known to me or proved his identity by sufficient means. Witness my Hand and Official Seal: __________________________________ Notary Public My Commission Expires: ___________________ Notary Address: ______________________________________________ Page 19 .I. have read the foregoing. I believe them to be true. to the best of his information and belief. except as to those matters that are based on my information and belief. Florida. 2010. Barry B. before me appeared the Affiant. ) On this _______ day of December _______. 2010 in Miami Beach. Eskanos. Executed this _______ Day of December. true and correct. Barry B. and affirmed under penalty of perjury that the statements made herein are. and as to those matters. and affirm under penalty of perjury under the Laws of the State of Florida that it is true and correct. Eskanos. Eskanos State of Florida County of Dade ) ) ss.