IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al.,

Plaintiffs,

vs. Clerk’s Case Number: 09 02617CC

DR. JORG BUSSE [“BUSSE, J. R.”], et al.

DEMAND FOR JURY TRIAL

NOTICE OF APPEAL
_________________________________________________________________/

PUBLIC NOTICE & PUBLICATION OF PUBLIC/JUDICIAL CORRUPTION,

FEDERAL CORRUPTION CASE 2:09-CV-00791-CEH-SPC,

INVOLVING DEFENDANT JUDGE CYNTHIA A. PIVACEK

WHO “RE-ASSIGNED” EUGENE C. TURNER AFTER

JUDICIAL RECUSAL IN THIS CASE

NOTICE OF PUBLICATION AT:

http://www.scribd.com/GRANADAFRAUD

NOTICE OF APPEAL FROM JUDICIAL IMPAIRMENT & CORRUPTION

1. Hereby, Dr. Busse appeals from judicial impairment on the record.

PUBLIC NOTICE OF JUDICIAL INABILITY TO DIVIDE, 1/12:

JUDICIAL FAILURE TO DO SIMPLE MATH OF 1/12

2. Here, the simple judicial task was to divide 1 by 12 or 1/12. Here, objectively impaired Judge

Eugene C. Turner failed to determine any liability. THEREFORE, Dr. Busse was entitled to

expenses and the dismissal of Plaintiff(s) frivolous claims with prejudice.

DR. BUSSE WAS NEVER SERVED WITH ANY COMPLAINT

3. Here, Dr. Busse was never served.

4.

MOTION TO DISMISS BECAUSE OF VEXATIOUS DEFENDANTS’ FRAUD ON COURT]

OBJECTIVE JUDICIAL IMPAIRMENT & HISTORY OF IMPAIRMENT

5. In this Case, Judge E. C. Turner’s judicial job was to divide 1/12 in order to determine Dr.

Busse’s “liability” pursuant to the publicly recorded By-Laws & Declaration of Condominium:

“Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12
share of the common expenses.”

See Collier County Official Record 330/470, 4.5 Common expenses.

Here, Judge Turner was objectively impaired and could not do said simple math. In particular,

Judge Turner obstructed obtaining the denominator and/or “common expenses” in said fraction.

OBJECTIVE JUDICIAL PARTIALITY AT DR. BUSSE’S EXPENSE & INJURY

6. The public cannot have any faith in said objectively impaired and partial Judge. Here, e.g.,

Turner threatened the stability of real property titles in Florida, which was in violation of public

policy, because he could not figure out how to determine “1/12 share” of the “common

expenses” of Plaintiff Association.

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 JUDICIAL CONCEALMENT OF IMPAIRMENT & HISTORY OF IMPAIRMENT

7. For the unlawful purpose of fraudulently concealing his objective impairment and history of

impairment, Judge Turner denied Plaintiff(s)’ rightful demand for jury trial. Here, Turner’s

fraudulent concealment proximately caused injury to Dr. Busse. Judicial ethanol intoxication is

prohibited by law.

PREVIOUS JUDICIAL RECUSAL IN THIS CASE

8. Here following the record fraud on the Court by the vexatious Defendants, the previous Judge

had recused himself. See Docket.

FRAUDULENT CONCEALMENT OF ACCOUNTING RECORDS

IN VIOLATION OF LAW

9. Reportedly, Judge Eugene C. Turner “denied” “Defendants’ Motion” for Plaintiff to Produce

Records. Here reportedly, the Officers of the Court falsely pretended that “no specific records”

were requested. See Docket.

MOTION FOR PRODUCTION OF ANY AND ALL “COMMON EXPENSE” RECORDS

10. Here, the Plaintiff failed to prove that Dr. Busse did not pay

“1/12 share of the common expenses.”

Hereby, Dr. Busse again moves this Court to compel the Plaintiff Association to produce any

and all “common expense” records as required by law.

MOTION FOR PRODUCTION OF ANY AND ALL “ACCOUNTING” RECORDS

11. Hereby, Dr. Busse again moves this Court to compel the Plaintiff Association to produce any

and all accounting records as required by law.

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 OBJECTIVE PARTIALITY AND CONCEALMENT OF RECORDS

12. In the absence of any “common expense” records and evidentiary support, “liability” cannot

possibly be determined. Here absent any such records, the Judge appeared to extend Plaintiff’s

frivolous claim(s), fraud, and the fraudulent figures in the Complaint.

JUDGE FAILED TO TAKE NOTICE OF PUBLICLY RECORDED

BY-LAWS & DECLARATION OF CONDOMINIUM

13. The Docket had reflected, e.g., Dr. Busse’s 04/05/2010 Motions, including his Motion(s) to

Dismiss, and conclusive public record evidence of Plaintiff Association’s fraud, fraud on the

Court, and concealment of fraudulent “lien” as supported by the Association By-Laws and

Declaration of Condominium.

DR. BUSSE FULLY SATISFIED HIS “LIABILITY” UNDER THE BY-LAWS

PLAINTIFF’S FRAUD ON THE COURT

14. The Plaintiff Association and Plaintiff’s Counsel perpetrated fraud on the Court. Pursuant to

Collier County Official Record 330/470, 4.5 Common expenses:

“Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12
share of the common expenses.”

Here pursuant to the record, Dr. Busse had fully satisfied his liability of ”a 1/12 share of the

common expenses”, and the Plaintiff deceived and perpetrated fraud on the Court.

PLAINTIFF’S ALLEGATIONS WERE FACIALLY FRIVOLOUS

15. Pursuant to Collier County Official Records, Book 330, Page 472:

“the making and collection of assessments against apartment owners for common
expenses shall be pursuant to the By-Laws and subject to the following provisions …
each apartment owner shall be liable for a one-twelfth [1/12] share of the common
expenses, and shall share in the common surplus, such share being the same as his
undivided share in the common elements.”

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 Here pursuant to the record and said By-Laws, and subject to said provisions, Dr. Busse

fully satisfied his one-twelfth [1/12] share of the common expenses … On its face Plaintiff’s

Complaint and the assessments and/or figures and numbers were frivolous and for the

unlawful purpose of defrauding Dr. Busse.

16. The Plaintiff failed to make a good faith effort to resolve the facially frivolous “dispute” and to

reconcile the frivolous Complaint with said record By-Laws and provisions.

THE PURPORTED “LIEN” WAS NOT IN EFFECT

17. Pursuant to Collier County Official Records, Book 1332, Page 1750:

“The lien is in effect until all sums secured by it have been fully paid or until barred by law.”

Here, the “lien” was “barred by law” and procured through fraud; and all sums and/or expenses

had been “fully paid”. Previously, Defendant Dr. Busse had filed:

“DEF. DR. BUSSE’S DECLARATORY STATEMENT(S) & PUBLIC RECORD EVIDENCE

IN SUPPORT OF NULL AND VOID “LIEN”, AND

MOTION TO DECLARE SUBJECT TITLE AUTOMATICALLY QUIETED”

PLAINTIFF ASSOCIATION REFUSED TO DISCLOSE AUDIT REPORTS

18. Pursuant to Collier County Official Records, Book 330, Page 499 [6.7]:

“An audit of the accounts of the Association shall be made annually by a certified
public accountant, not a member of the Association, and a copy of the report shall be
furnished to each member not later than April 1st of the year following the year for
which the report is made.”

Here in facial violation of said Rules, Regulations, Provisions, and/or By-Laws:

No “audit of the accounts of the Association” was made annually by a certified

public accountant, not a member of the Association, and

No “copy of the report was furnished to each member not later than April 1st of the
year following the year for which the report is made.”

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 PLAINTIFF’S FRAUDULENT “CLAIM” OF UNAPPROVED ASSESSMENTS

19. The Plaintiff Association falsely and fraudulently pretended “assessments” of more than 105%.

See fraudulent Complaint. Here, Granada apartment owners did not approve in writing

assessments for recurring common expense of more than 105%. Pursuant to Collier County

Official Records, Book 330, Page 498 [6.2]:

“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in writing
by apartment owners entitled to cast 9 votes in the Association.”

Here since 2004, the purported record “assessments for recurring common expense” were “more

than 105% of the assessments for this purpose for the prior year(s)” and “not approved in

writing”. Pursuant to said public record, the Plaintiff Association’s “claims” and action were

fraudulent. Plaintiff’s facially fraudulent claim of assessments for recurring common expense of

more than 105% were not any “genuine issue of material fact” as conclusively evidenced by the

public record.

DISMISSAL OF FRAUDULENT COMPLAINT WAS MANDATORY

20. Therefore here, Dr. Busse was entitled to the dismissal of said facially fraudulent Complaint.

CASE FILE WAS AGAIN UNAVAILABLE

21. Pursuant to Dr. Busse’s Notice of Unavailability on record, Dr. Busse was away. Upon Dr.

Busse’s return, Busse inquired about this Case in the Clerk of Court’s Office on 04/01/2010.

22. On 04/01/2010, at approx. 3:10 PM, the Clerk of Court (A.) advised Dr. Busse that

a. The case file was not available;

b. Said case file had been removed to Judge Turner’s Office on 03/31/2010;

c. Reportedly, a “hearing” appeared on the Clerk’s docket;

d. A summons was issued and handed to Plaintiff’s Attorney;

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 e. Mail to Dr. Busse was reportedly not “delivered”;

f. A notice of hearing was not “delivered” to Dr. Busse;

g. Said Clerk’s Office was closed on Friday, April 2, 2010.

23. Upon request, the Clerk could not identify

a. Which motions were purportedly “to be heard”;

b. Which party’s motions were reportedly “to be heard”.

UNAVAILABILITY

NO NOTICE OF HEARING WAS DELIVERED TO DR. BUSSE PURSUANT TO RECORD

24. Fla. Rules of Civ. P. require service of a notice of hearing and identification of the motion(s) to

be heard so that a party can properly prepare. Here, there was no service and Dr. Busse could

not prepare. Furthermore, Dr. Busse, who is also a German citizen and Physician Executive with

a professional license in another state, is unavailable

RECORD VIOLATIONS OF FLORIDA BAR UNIFORM TITLE STANDARDS

25. In support of Plaintiff’s and Counsel’s fraud and fraud on the Court, attached are the Uniform

Title Standards by the Florida Bar. See Exhibits. Here, Plaintiff’s “lis pendens” was

unsupported and for the unlawful purpose of extorting unauthorized and/or fraudulent

assessments.

ESSENTIAL RECORDS OF PLAINTIFF’S DEFUNCT AND/OR BANKRUPT AGENTS

26. The Plaintiff and/or Association’s agents have repeatedly refused to disclose the accounting and

expense records of the previous defunct and bankrupt agents for Plaintiff Granada

Condominium Homes Association, Inc., such as, e.g.,

a. “Collier Association Management, Inc.”;

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 b. “Orion Bank”;

c. “Palm Property Services, LLC”;

d. “Asset Property Management & Services, LLC”.

27. Said records are essential in these and other judicial proceedings, and in particular, because the

Plaintiff and Counsel fraudulently initiated a purported “lis pendens” in the absence of expense

records and documentation.

WHEREFORE, Dr. Busse demands

1. An EMERGENCY Order recusing objectively impaired Judge Eugene C. Turner, because he

was so impaired that he could not perform the essential duties of a judge in his shoes in this

Case;

2. An EMERGENCY Order recusing objectively impaired Judge Eugene C. Turner, because no

reasonable, intelligent, and fit judge, juror, and/or person in Turner’s shoes could have possibly

determined Dr. Busse’s “liability” without first obtaining the absolutely required “common

expenses” [denominator in said fraction];

3. An Order compelling the Plaintiff to disclose and produce the Association’s “common expense”

records as required by law;

4. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”

records as required by law [see, e.g., Ch. 718];

5. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said Official

Records, By-Laws, and conclusive evidence on file;

6. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;

7. An Order for service of a notice of hearing upon Dr. Busse under said Rules;

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8. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record

title free and clear;

9. An Order declaring any and all unapproved assessments null and void under said By-Laws and

Public Records;

10. An Order compelling the Association to disclose any and all accounting and other records since

2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in particular

the records of said failed and/or defunct Association agents;

11. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie

perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law

Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when

Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.

12. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,

and Declaration of Condominium.

/s/Jorg R. Busse, M.D., M.M., M.B.A.

SIGNATURE
State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker
P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074

CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to the
Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record, Platinum
Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center Way, Suite
102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D. DeBoest, II,
Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, and to reassigned
Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples, FL 34112, on this 29th
day of April, 2010. The pleading is also being published worldwide. See, e.g., www.scribd.com.

/s/Jorg R. Busse, M.D., M.M., M.B.A.

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SIGNATURE
State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker
P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074

CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.

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