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IN THE FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

JOHN P. CARROLL,

Plaintiff/Appellant,

v. CASE NO.: 1D10-643


L.T. CASE: 2009 CA 002021
WATERSOUND BEACH COMMUNITY
ASSOCIATION, INC., WATERCOLOR
COMMUNITY ASSOCIATION, INC.,
SANDRA MATTESON, DAVID LILIENTHAL,
RONALD VOELKER, MARY JOULE,
JOHN DOE AND JANE DOE,

Defendants/Appellees.
______________________________/

ON APPEAL FROM THE CIRCUIT COURT


OF THE FIRST JUDICIAL CIRCUIT,
IN AND FOR WALTON COUNTY, FLORIDA
CASE NUMBER 2009 CA 002021
___________________________________________________________________

APPELLAT'S MOTIO TO COVERT THIS APPEAL FROM THAT OF


A FIAL ORDER TO A O FIAL ORDER
___________________________________________________________________

John P. Carroll, Pro Se


Box 613524
WaterSound, FL 32461
Telephone 850-231-5616
Facsimile 850-622-5618
AAbsolute@aol.com
COMES NOW APPELLANT JOHN P. CARROLL, pursuant Florida Rules of

Appellate Procedure 9.300 (a) and states:

1. On October 9, 2009, Appellant filed a Complaint for Equitable and other

relief as Plaintiff in the lower tribunal.

2. On November 3, 2009, Appellant filed a separate Petition for Injunction,

as Petitioner in the lower tribunal. That Petition shared the same case number in the

lower tribunal as the original complaint.

3. On January 5, 2010, a hearing was held in the lower tribunal, limited to

the Petition for Injunction, with the Honorable W. Howard LaPorte presiding.

4. On January 12, 2010, the Order of Judge LaPorte, denying the Petition for

Injunction, was filed with the Clerk of the lower tribunal.

5. On February 8, 2010, Appellant timely filed his Notice of Appeal seeking

appellate review of the Petition of Injunction, as a Final Order.

6. Appellant and Appellees, WaterSound Beach Community Association,

Inc., et al’s Counsel, Christopher George, Esq., have found this Appeal on the

Injunction disruptive to the ongoing discovery efforts at the lower tribunal level.

7. As such, Appellant has sought an Order from the lower tribunal seeking to

Compel Discovery of the same documents at issue in this Appeal before you now.

(Appendix 1)

8. It is Appellant’s belief that the proper course of action, going forward in


this appeal, is to convert same to an Appeal of a Non Final Order from the lower

tribunal’s ongoing litigation, in accordance with Florida Rules of Appellate Procedure

9.130 (a)(3)(B).

9. Appellant has filed notice as such with the Clerk of the lower tribunal, in

substantial accordance with Rule 9.900 (c) (Appendix 2), and instructed the Clerk to

suspend and disregard Appellant’s Instructions to the Clerk to assemble the Record,

which were filed on February 8, 2010.

10. Appellant has filed his Initial Brief with the 1st District Court of Appeal

and attached the Record as an Appendix per Florida Rule of Appellant Procedure 9.130

(e). Said brief was filed within 15 days of the filing of the original Notice of Appeal.

11. None of the parties to this appeal have or will be prejudiced by the

granting of this Motion.

For the above mentioned reasons, Appellant Carroll respectfully requests the 1st

District Court of Appeals treat this Appeal as an Appeal from a Non Final Order.

Respectfully submitted,

_____________________________
John P. Carroll, pro se
Box 613524
WaterSound, FL 32461
(850) 231-5616 - phone
(850) 622-5618- fax
AAbsolute@aol.com
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to Christopher L. George, Esq., PO Box 1034, Mobile, AL 36633 and to
Mark D. Davis, Esq., 694 Baldwin Ave. Suite 1, PO Box 705, DeFuniak Springs, FL
32435, and to Gary Shipman, Esq., 1414 County Highway 283 South, Suite B, Santa
Rosa Beach, FL 32459, Attorneys for Appellees, by hand delivery or certified mail this
17th day of February, 2010.
_____________________________
John Carroll, pro se
Box 613524
WaterSound, FL 32461
(850) 231-5616 - phone
(850) 622-5618- fax
AAbsolute@aol.com

CERTIFICATE OF COMPLIACE

I HEREBY CERTIFY that the lettering in this brief is Times New Roman 14-
point Font and complies with the font requirements of Florida Rule of Appellate
Procedure 9.210(a)(2).

_____________________________
John Carroll, pro se
Box 613524
WaterSound, FL 32461
(850) 231-5616 - phone
(850) 622-5618- fax
AAbsolute@aol.com