7/24/2010 A Florida Court's 'Rocket Docket' Blast…

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PAGE ONE FEBRUARY 18, 2009

A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases

2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge

Article Interactive Graphics Comments (47) MORE IN US »

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…wsj.com/…/SB123491755140004565… 1/3
 RESOL~JTIOX PERTAZNIdC TO PUBLIC ws
--p--m IN CAS’O COSTA SUSO!V3S3$y-c-

WHEREAS, there’ appears in the Public H~COK~S of tie

County, Florida, in Plat Book 3 at page 25 the Second Revised

Plat af Cayo Coata Subdivision: and

WHEREAS. there spycar Upon sitid plat certain designated

lot and block areas and other undesignated areaa: and

WHEREAS, there appears upon said plat certain un-numbered

and unlettered iwcas lying East of tho Easterly tier of blocks

in said m&division and West of the Westerly tier of blocks

in said subdivision: and .

“!‘EREAS, tho County clnims slid lands aa public Iandr

together with all accretions thereto.

NOW, THEREFORE, idE IT RESOLVED By THE BOARD OF C0Vm’y

COHMISSXONERS OF LEE COUN’IY, FLORIDA does by this Resolution

claim all of raid lands and accretions thereto for the use

and benefit of the public for public pucposes.

,
DONE ANR ADOPTED this dday of ,< , u &cL~, 1969.

’ 1

ke~w~y-

q?&bw

&rrr,@w -

#h$ku!H*,, t
c&gy?:$~;~~,,
: ,.,, \ I
. . ..’ : 1
’ .;
I ,.*. .
‘.
*..: .‘
 PS USE CODE

ADDRESS WETLANDS

SITE INSPECTION

REMARKS ACQUISITION DATE

AGENDA DATE
GRANTOR

BLUE SHEET

ITEM

CCMB
INSTRUMENT

LEGAL DESC SEARCH TOTAL PURCHASE PRICE

PURCHASE PRICE 1 AGENDA DATE 2 AGENDA DATE 3

PRICE/ACRE BLUE SHEET 2 BLUE SHEET 3

PRIOR STRAP
ITEM 2 ITEM 3
PCL

PURCHASE PRICE 2 PURCHASE PRICE 3

ASSESSEDVALUE

VALUE DATE
CCMB 2 CCMB 3

LEE COUNTY DIVISION OF COUNTY LANDS

 i 's~ornmrBo~~~Cu~C~~S
AGENDAITEMSUMMARY BLUESHEETNO:~~O~M
. REoUESTEDMOTIOl'J
ACTIONREOUESTED~ Ap rove conveyance of any interest in land, \?rhich has accreted to ro erty of rivate landowner
on Cayo Costa Island, ancfnow bein purchased by the State of Florida for preservation. KutRorize CRairnxm to execute
County Deed; authorrze County Lan%s Division to handle and complete conveyance.
WHY ACTION IS NECESSARY: To clear title on land which has accreted to property owned by private landowner, which is
being conveyed to the State of Florida.
WHAT ACTION AcCOMPLISHE!$ ,Clears potential cloud on title to property.

LDE A TMENTALCATEGORY: 17 in/ 3. MEETJNGD-3c;ll+ya a

COp~ISSIONDISTRIcT#: 1 /7
bAGENDA 5.REOUIREMENT/PURPOSE
.?
Y_CONSENT
,ADMlNlsmTlvE .
_ APPEALS
-PUBLIC _ ADMIN. CODE
-=REQuIRED:-

7. BACKGROUND:
I
The State of Florida, Board of Trustees of the Internal Im rovement Trust Fund, is in the recess of purchasing land on
Cay0 Costa Island from a private landowner through the 8tate CARL Pro A list of %e properties being purchased is
attached. From the title search and title commitment issued, it has been r eter&ned that Lee County ma have an interest in ’
land which has accreted to the lots being conveyed to the State of Florida by Alice MS. Robinson. A 1J69 Resolutron b
the Board of County Commissioners pertaining to ublic lands in Cayo Costa Subdivision, recorded m Official Record Jook
569 Pa e 875 created a claim to all accretions to Pots lyin within the area of the Subdivision now bemg conveyed. As a
resdlt ofthis Resolution, the State of Florida is requesting &, ee County to convey any interest it may have m these accreted
R~~a~ore private property owner, Ahce l$.S. Robmson, m order to clear trtle for its purchase of the propertres from Ms.
.
Due to the ongoin of ac uisition on Cayo Costa Island by the State of Florida and Lee+Countythrpugh the CARL
Matching Funds tI!YTF
. .P. elect, an8 the ongoing cooperation of the State and County to accomphsh acquisrtron of land on the
Island, staff recommends approval of the requested motion.
County funds are not needed to complete this transaction.

8,MANAGEMENTRECOMMENDATIONS:
.
COUNTY LANDS
9. RECOMMENDEDAPPROVAL i .

'. - e.
*
i@\OFFICEELS\CAYCOSTA.LWC’~sf
6/16/2010 Lee County Property Appraiser - Onlin…

L EE COUNTY P ROPERTY A PPRAISER

PROPERTY DATA FOR PARCEL 12-44-20-01-00000.00A0

T AX YEAR 2009

Parcel data is available for the following tax years:

[ 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number | Display Tax Bills on this Parcel | Tax Estimator ]

OWNERSHIP , LEGAL, S ALES AND DISTRICT DATA ARE FROM THE CURRENT DATABASE . LAND, BUILDING, VALUE AND E XEMPTION DATA ARE FROM THE 2009 ROLL.

PROPERTY DETAILS

OWNER OF RECORD [ VIEWER ] TAX MAP [ PRINT ]

LEE COUNTY
PO BOX 398
FORT MYERS FL 33902
SITE ADDRESS
GOVT LOT
CAPTIVA FL 33924
LEGAL DESCRIPTION
CAYO COSTA PB 3 PG 25
ALL UNNUMBERED AND
ACCRETED LANDS

[ PICTOMETRY AERIAL VIEWER ]

TAXING DISTRICT DOR CODE

050 - COUNTY / NO FIRE DISTRICT 86 - COUNTIES - OTHER

PROPERTY VALUES (TAX ROLL

EXEMPTIONS ATTRIBUTES
2009)
[H ISTORY CHART ] HOMESTEAD 0 LAND UNITS OF
AC
JUST 1,074,100 WIDOW 0 MEASURE
ASSESSED 1,074,100 WIDOWER 0 TOTAL NUMBER OF
107.41
ASSESSED SOH 1,074,100 0 LAND UNITS
DISABILITY
TAXABLE 0 FRONTAGE 0
WHOLLY 1,074,100
BUILDING 0 DEPTH 0
AGRICULTURE 0
BUILDING INCL. IN BLDG
BEDROOMS
0 VALUE.
FEATURES BATHROOMS
leepa.org/Display/DisplayParcel.aspx?… 1/3
6/16/2010 Lee County Property Appraiser - Onlin…

LAND 1,074,100 TOTAL BUILDING SQFT

LAND INCL. IN LAND 1ST YEAR BUILDING ON
0 VALUE.
0
FEATURES TAX ROLL
SOH DIFFERENCE 0 HISTORIC DISTRICT NO

SALES/TRANSACTIONS
SALE OR TRANSACTION DETAILS VACANT /
DATE VERIFIER
PRICE NUMBER TYPE DESCRIPTION IMPROVED
100 12/1/1969 569/875 Add 01 Disqualified (Doc Stamp .70 / SP less th V
$100 / Other Disq)
There are 1 additional parcel(s) with this document
(may have been split after the transaction date)...
07-44-21-01-00001.0000

SOLID WASTE (GARBAGE) ROLL DATA

SOLID WASTE DISTRICT ROLL TYPE CATEGORY UNIT/AREA TAX AMOUNT
007 - Upper Islands - 0 0.00
C OLLECTION DAYS

ELEVATION INFORMATION
FLOOD INSURANCE (FIRM LOOK-UP)
STORM SURGE CATEGORY
RATE CODE COMMUNITY PANEL VERSION DATE
TS 125124 0192 F 8/28/2008
Please contact Lee County DCD at 239-533-8597 option 4 to verify your flood zone status.

[ Show ] APPRAISAL DETAILS

TRIM (proposed tax) Notices are available for the following tax years:
[ 1997 | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 ]

[ Next Lower Parcel Number | Next Higher Parcel Number ]

[ New Query | Parcel Queries Page | Lee PA Home ]

leepa.org/Display/DisplayParcel.aspx?… 2/3
7/24/2010 A Florida Court's 'Rocket Docket' Blast…

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PAGE ONE FEBRUARY 18, 2009

A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases

2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge

Article Interactive Graphics Comments (47) MORE IN US »

Email Print Save This Like + More Text

By MIC H AEL C OR KER Y

FORT MYERS, Fla. -- Hoping to save her house, Saundra Hill Scott arrived at the county
courthouse clutching dog-eared mortgage bills and letters from her lender.

She need not have bothered. The foreclosure

Foreclosure Court in Fort M yers
hearing lasted less than 20 seconds, with
Judge John Carlin asking her two questions:
Are you current on your mortgage and are you
living in the home? She answered no and yes
and then offered to show him her paperwork.

"I don't need to see that. That's between you

and the bank," he said as he gave Ms. Hill
Scott, her husband and three grandchildren
60 days to work out a deal with their lender or
View Interactive
vacate their three-bedroom house.
Lexey Swall-Bobay for The Wall Street Journal

While the Obama administration prepares to

See photos and hear audio clips from the
Lee County Courthouse and Ms. Hill Scott's unveil on Wednesday its plan to rescue the
home. U.S. housing market, officials here in Lee
County have come up with their own unique
plan for dealing with the crisis. To clear a huge backlog of foreclosures, judges are hearing
"rocket dockets" of nearly 1,000 cases a day and calling retired colleagues back to the bench to
help ease the workload.
Most Popular on Facebook
The housing crisis has been pounding the Florida court system like a Category 5 hurricane. Not
You need to be logged into Facebook to see your friends'
only does the state have among the highest default rates in the country, its legal system, unlike Login
recommendations
many other states with devastated housing markets, requires judges to sign off on foreclosures.
The combination has created a monster glut of cases that are overwhelming the courts. The
Does Language Influence Culture? - WSJ.com
Obama plan to encourage more loan modifications nationally may stem the flood of foreclosures 591 people shared this.
in Florida somewhat, but Lee County officials say that the area's large number of unemployed
residents and housing speculators may end up losing their properties anyway. James Webb: Diversity and the Myth of White Privilege
- WSJ.com
2,821 people shared this.
Hard-Hit County
Wal-Mart to Put Radio Tags on Clothes - WSJ.com
Charlie Green, Lee County's clerk of the circuit courts, says the county is still on pace in 2,573 people shared this.
February to exceed new filings in January and there's a hearing on Thursday with 800
foreclosure cases. "All these plans that the government has come up with are great," says Mr. Partyers in San Diego - WSJ.com
393 people shared this.
Green. "But it doesn't help us get these cases off our books."

No area has been hit harder than Lee County, a largely working-class
and second-home enclave, where Ponce de León is believed to have F acebook social plugin

wandered in search of gold and conquest in the 16th century.

Modern-day treasure seekers invaded this area during the recent Video
housing boom, snapping up houses and parcels of land, hoping to flip

…wsj.com/…/SB123491755140004565… 1/5
7/24/2010 A Florida Court's 'Rocket Docket' Blast…
them to retirees and working families. Millionaire University, an
unaccredited program in nearby Cape Coral, taught speculators from
around the country how to buy and sell properties for huge profits.
From 2000 to 2005, house prices in Cape Coral more than doubled.
Oba m a Cr it i cizes McCh r y st a l Nor t h Kor ea
GOP on Econ om y Ret ir es A ft er T h r ea t en s t o
Two years ago, the Lee County court system had about 1,900 1:42 Sca n da l Nu ke Sou t h
foreclosure cases on the books. That number swelled to 24,000 by 1:56 1:32
CHARLIE GREEN
the beginning of this year. "We have to move these cases out of
here,'' says Mr. Green. "That's how we get these houses back on the
More in US
market and get to the bottom faster."
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Many defendants in Fort Myers are speculators who never lived in the houses and don't bother Alarm Was Disabled Before BP Blast
to show up for the hearings or respond to court summonses. But some of the homeowners who
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do come to court are annoyed that they're given only a few seconds to speak to the judge.
Haggard Climbs Back in Pulpit
"The judge didn't want to hear from me," said a frustrated Reed Morgan, a self-employed
Deficit Forecast for 201 1 Raised
business consultant, wearing loafers and a blue oxford shirt, after Judge Carlin gave him 60 days
to work out a modification plan with his lender or vacate his three-bedroom house.

Minutes after the bailiff opened the courtroom doors at a recent hearing, every seat was filled
Most Popular
with delinquent homeowners: a mechanic with two pierced ears and a goatee, a young woman Read Emailed Video Commented Searches
in a car-rental uniform, a gray-haired landlord who rehearsed his lines with the woman next to
him. 1. Wal-Mart Radio Tags to Track Clothing
"It's like the Exodus," said Ms. Hill Scott, a 2. Wall Street Ex hales After Pay Czar's Report
middle-school teacher who went into default
after her monthly payments on her 3. Opinion: James Webb: Div ersity and the My th of
adjustable-rate mortgage reset. She now White Priv ilege
owes $3,300 a month, up from the $1,600 4. Padded Panties Boosted by Curv y Stars
she was paying a year ago. She says she
hasn't made a mortgage payment since 5. Opinion: 'A Commandeering of the People'
January 2008 and is in negotiations with her
lender seeking a modification. Most Read Articles Feed

Lexey Swall-Bobay for The Wall Street Journal

During a break in the hearing, lawyers used
Saundra Hill Scott, left, w ith her 4-year-old grandson,
has less than tw o months to move out of her house
dollies to wheel in boxes containing hundreds
after a lender moved to foreclose on her Lehigh of case files, which they piled onto tables and
Acres, Fla., home.
on the floor.

One lawyer, wearing a dark suit and untucked

white shirt ran between the judge's bench and the dozens of open boxes on the floor. His
colleagues sat cross-legged on the courtroom floor, sorting through files.

The judge signed dozens of them without discussion and passed them to a row of court
employees to process the paperwork.

"Case No. 136," the clerk intoned. "Wells Fargo versus Edward Callahan."

Judge Carlin asked whether the man was living in the house and was current on his mortgage.
He answered no to both questions.

"Your house will be sold in 45 days,'' said the judge. "That's all for today."

Case time: 15 seconds.

Judges' Sympathy
The judges say they sympathize with the homeowners' hardships, but often the cases can be
decided after a brief hearing because there are no legal issues in dispute which would warrant a
lengthy trial. Some homeowners don't understand they are required to file paperwork before the
hearing to challenge the lender's case. Many of them never file the documents or hire lawyers,
the judges say.

Many judges, including Judge Carlin, are giving homeowners much more time to stay in their
houses than the law requires.

"That's pretty humane considering that many homeowners have been living rent-free for more
than a year,'' says Robert Hill Jr., a Fort Myers lawyer who represents lenders.

Lee County judges say they are trying to screen for cases that would benefit from mediation, but
Chief Judge G. Keith Cary opposes making such a requirement. "A guy hasn't paid his
mortgage in over a year,'' says Judge Cary. "What's there to talk about?"

Homes around Lee County have suffered one of the steepest price drops in the country, down
almost 50% from the peak. Empty houses and shuttered storefronts line city streets.

…wsj.com/…/SB123491755140004565… 2/5
7/24/2010 A Florida Court's 'Rocket Docket' Blast…
In nearby Bonita Springs, Mr. Morgan says his neighbor vanished from his house in the middle
of the night. "He loaded up a U-haul and was gone," Mr. Morgan says. "I have known him for six
years and he never said goodbye."

The court itself hasn't been immune to the pain. The county clerk's budget is shrinking even as
overtime has added about $60,000 in costs since October.

To save money, Mr. Green, the Lee County clerk, has removed light bulbs from around the court
building, put printers on draft mode to save ink and forbidden employees from making long-
distance phone calls, even business calls.

The lawyers are doing well, though. They can earn as much as $100 per foreclosure to present
cases to the judge that have been prepared by big law firms in Miami and Tampa, which are
hired by out-of-state lenders.

But speed is of the essence. Lee County lawyers speak in hushed tones of one firm that made
the mistake of not being organized enough at a rocket-docket hearing. The judge postponed
their foreclosure actions for an additional 60 days. "Lenders don't like delays," says Mr. Hill,
who averages 1,900 foreclosure cases a month.

Economists say Florida's housing recovery will likely be stalled until the properties stuck in legal
limbo are cleared. In California, where judges are typically not involved in the foreclosure
process, some housing markets are showing some signs of stabilizing.

Mr. Green says his courts are making progress. They cleared more cases out of the backlog
last month than they received in new foreclosures. In light of President Obama's plans, it's
possible that lenders could cancel the foreclosure even though the judge has signed off. "The
problem is that the lenders have spent all this money on attorneys and filing fees," says Judge
Cary. "You are so far into it, would you really stop it at that point? It's an expensive proposition."

The last homeowner to show up in Judge Carlin's courtroom spoke through a Spanish
interpreter. She said she wasn't current on her mortgage, but was living in the house. The judge
gave her 60 days to vacate. She didn't say anything and returned to her seat "That's all for
today. Thank you for coming in," the judge said.

The woman sat in the empty courtroom, covered her eyes and cried. Judge Carlin called a brief
recess and returned to his chambers. Lawyers stacked more foreclosure cases on his bench for
him to sign when he returned.

Write to Michael Corkery at michael.corkery@wsj.com

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7/24/2010 A Florida Court's 'Rocket Docket' Blast…

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LEE COUNTY COMMISSION – PUBLIC CORRUPTION

DEFENDANT JOHN E. MANNING

LEE COUNTY PUBLIC CORRUPTION
DEF. LEE COUNTY COMMISSIONER
JOHN E. MANNING
 “SIX COMMISSIONERS FACED CRIMINAL CHARGES”

NEWS-PRESS, July 9, 2010, www.news-press.com

By Gabriella Souza, gsouza@news-press.com

“Manning comes with …”

“At the time, the board [of Lee County Commissioners]

was in turmoil. Commissioners and county staff came
under fire for illegal dealings and between 1983 and
2000; six commissioners faced criminal charges.
"It was a revolving door of county commissioners and
county managers," Manning said.
Manning, who had decided not to run for re-election, was
prosecuted in 2000. He said he wanted to end his time as
a commissioner so he could go back to the private sector.”

LEE COUNTY COMMISSIONER JOHN E. MANNING

CHARGED IN RECORDS CASE

NEWS-PRESS, May 11, 2000, www.news-press.com

Failure to disclose meetings alleged …

By Lee Melsek

“Prosecutors filed criminal charges against Lee County

Commissioner John Manning on Wednesday for failing to
disclose years of private meetings with lobbyists seeking
such things as land-use changes, roads and multimillion-
dollar county contracts.
Manning, who voted to approve the county law he's
accused of violating, claims he misinterpreted the law. He
is charged with a second-degree misdemeanor …”

LEE COUNTY COMMISSION – PUBLIC CORRUPTION

NEWS-PRESS, LETTERS TO THE EDITOR

July 10, 2010, www.news-press.com

“The News-Press exposed his failure to obey that law,

local prosecutors then charged him with violating the
disclosure law and the courts fined him after he pleaded
no contest.”

LEE MELSEK
Fort Myers Beach
LEE COUNTY PUBLIC CORRUPTION
LEE COUNTY PUBLIC CORRUPTION
LEE COUNTY COMMISSION – PUBLIC CORRUPTION
14
15
 DEFENDANT CORRUPT LEE COUNTY COMMISSION

NEWS-PRESS, LETTERS TO THE EDITOR

July 10, 2010, www.news-press.com

Recall Past Actions

“Don’t you just love the integrity of politics? John Manning

back as commissioner because he has experience? John
Manning is the commissioner who wrote an ordinance,
then broke his own ordinance, and his attorney then called
Manning’s ordinance a stinky little law or something to that
effect. I wonder if Charlie Crist was aware of this when he
appointed Manning back to the Lee County Commission?”

RON SMILEY
Fort Myers
 LEE COUNTY COMMISSION – PUBLIC CORRUPTION

NEWS-PRESS, July 13, 2010, www.news-press.com

TRANSPARENCY ABOVE ALL ELSE: EDITORIAL

“We expect our elected officials to be law-abiding citizens

who seek to uphold the rules they create. When they
don’t, we question their integrity and ability to serve.
Recently, criticism has surfaced about newly appointed
interim Lee County Commissioner John Manning’s
decade-old no contest plea and $1,000 fine for violating
the county’s lobbyist disclosure ordinance. He had a been
a three-term county commissioner at that point and helped
craft the ordinance.
That no contest plea has come back to haunt him in
letters to the editor, for example, as he was appointed to
the post and is seeking election to it.
At least one of his opponents, former Cape Coral
Economic Development Director Mike Jackson, sees it as
old news, and after 10 years, it likely is. Manning’s also
facing former Cape Coral Councilman Chris Berardi and
former Lee County School Board Member Bob Chilmonik.
This issue should still matter, however. Voters have a right
to take into consideration the whole record of a candidate.
In a questionnaire for The News-Press Editorial Board,
Manning affirmed his support for the Sunshine Law —
open records and open meetings laws — opposing
exemptions to it and looking to expand it further.
That’s a good sign, and redemption certainly is an
American value. Manning has a chance to correct his past
error by striving to be the most transparent public official in
our community.
Anything less than that should be grounds to vote for one
of his opponents in the Aug. 24 primary election.”

Sunshine Dimmed
“Re: “Manning comes with polished reputation,” July 9.
Only a single sentence in an otherwise fawning profile of
Manning hinted that something was not quite right during
his earlier time on the commission.
Alas, there was no attempt whatsoever to detail to readers
and voters the betrayal of the public trust Mr. Manning
committed while a commissioner in the late ‘90s. Only this
vague reference to the fact “he pleaded no contest for not
following the county’s lobbyist disclosure law and paid
$1,000 in fines and court costs.”
The law, which Manning voted to adopt in the early ‘90s, is
an important Lee County addendum to the state’s open
government requirements. The Lee County law requires
commissioners to keep logs of their private meetings with
lobbyists. They must disclose the names of the lobbyists,
the dates of the meetings, the issues they discussed and
the people and companies those lobbyists represent. It’s a
noble attempt to prevent government in the shadows
much like other counties have adopted.
It lets the public know who is influencing, or attempting to
influence, our elected commission behind closed doors.
While the other four commissioners were dutifully obeying
that law and filing their disclosure logs every three months
with the Clerk’s Office Minutes Department, John Manning
chose to ignore it for the entire four years of his last term
in office. He chose government in the shadows as he met
with companies and their high-priced lawyers and
lobbyists seeking votes and favors in the privacy of his
office or theirs.”
 Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 1 of 2

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE

COUNTY COMMISSIONERS; THE LEE COUNTY
PROPERTY APPRAISER; STATE OF FLORIDA
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND, STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION,

Defendants.
___________________________________

ORDER

This matter comes before the Court on review of defendant’s

Motion for Entry of Order Directing Public Sale of Real Property

(Doc. #432) filed on May 21, 2010. No response has been filed and

the time to respond has expired.

Upon review, the Court desires a response from plaintiff.

Recognizing that a Pre-Filing Injunction (Case No. 2:09-cv-791-FTM-

36SPC, Doc. #245) was issued on July 20, 2010, prohibiting any

further filings without leave of Court, the Court will grant

plaintiff leave to file a single responsive document to defendant’s

motion.

Accordingly, it is now

ORDERED:
 Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 2 of 2

Plaintiff may file one response to defendant’s Motion for

Entry of Order Directing Public Sale of Real Property (Doc. #432)

within FOURTEEN (14) DAYS of this Order. If no response is

received, the Court will rule on the motion without the benefit of

a response and without further notice.

DONE AND ORDERED at Fort Myers, Florida, this 22nd day of

July, 2010.

Copies:
Plaintiff
Counsel of record

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PUBLIC CORRUPTION COMPLAINT
AGAINST DEFENDANT BEVERLY B. MARTIN
CORRUPT U.S. CIRCUIT JUDGE

CERTIFIED DELIVERY
Federal Bureau of Investigation
5525 West Gray Street
Tampa, FL 33609
Phone: (813) 253-1000

DEFENDANT BEVERLY B. MARTIN

RECORD LACK OF IMMUNITY - PERPETRATION OF UNLAWFUL ACTS
1. The Plaintiff public corruption victims are suing Defendant Beverly B. Martin (“Martin”) in
her private individual capacity and official capacity as U.S. Circuit Judge. Defendant
Martin’s unlawful and criminal acts on record were outside any immunity and official
capacity.
FELONIES OUTSIDE ANY “official” CAPACITY
2. Under color of undocketed and/or falsified Cases ## 2010-10963 and 2010-10967, Def.
Martin falsified official records and documents and caused others to falsify for criminal and
illegal purposes of extorting money and property under fraudulent pretenses of “frivolity”.
3. Def. Martin knew and concealed that the only paid judgment of record had been in the
amount of $24.30. When the Plaintiffs conclusively proved the prima facie criminality,
illegality, and nullity of a falsified “$5,048.60 judgment”, which could nowhere be found,
Case No. 2:2007-cv-00228, Def. Martin retaliated with further case fixing on “Jul 19 2010”.
COERCION, EXTORTION UNDER FALSE PRETENSES, AND COVER-UP
4. Def. Martin coerced the Plaintiff corruption victims to refrain from redressing their
grievances of a facially falsified and un-recorded “$5,048.60 judgment”, fake “writ of
execution”, Doc. # 425, and forged “land parcels”. No court had ever reviewed the record
forgeries of said fake “land parcels”, and Def. Martin conspired with other Offenders to
keep it that way and keep Plaintiffs out of Court. Just like a Government whore, Def. Martin
procured her order through brazen fraud on the Court, Fla.R.Civ.P. 1.540; see also 1.550.
CONTEMPT OF FLORIDA LAW, CHAPTERS 55, 56, 71, 73, 74, 95, 712, FLA. STAT.
5. Def. Martin concealed that here nothing could have possibly become a lien on Plaintiffs’
property under Ch. 55, 56, 71, Fla. Stat.
MARTIN’S KNOWLEDGE OF CRIMES AND UNLAWFUL ACTS
6. Defendant Corrupt Martin had knowledge of the actual commission of felonies such as, e.g.,
the falsifications of
a. a “$5,048.60 judgment”;
b. an appeal [see Case ## 2010-10967, and/or 2010-10963];
c. a “writ of execution” [Case No. 2:2007-cv-00228, Doc. # 425];
d. “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;
e. a “regulation”, “resolution 569/875”, “legislative act”, and/or “O.R. 569/875”.
However, Def. Martin concealed and conspired to conceal said record falsifications. Here
even though Def. Martin had knowledge of, e.g., judicial Co-Defendant Polster Chappell’s,
 Steele’s, Pizzo’s, and Lazzara’s obstruction of justice and fraudulent concealment of
facially forged “land parcels”, a falsified “writ of execution”, falsified “$5,048.60
judgment”, Corrupt Martin did not make the same known to some judge or person in
authority, but covered up for said Offenders in exchange for bribes, 18 U.S.C. §§ 3, 4.
ACCESSORY AFTER THE FACT
7. Defendant Crook Martin knew that Defendant principal Offenders Steele, Chappell, Pizzo,
and Lazzara had committed record offenses and assisted said Offenders, 18 U.S.C. §§ 3, 4.
In particular, Martin assisted said Offenders with a facially fraudulent “writ of execution” and
the falsification and/or destruction of official records.
DELIBERATE DEPRIVATIONS UNDER COLOR OF FAKE “writ” AND “resolution”
8. Defendant Martin deliberately deprived the Plaintiffs, e.g., under color of a fake “writ of
execution”, “resolution 569/875”, and “frivolous appeal”, 18 U.S.C. §§ 241, 242.
RECORD RETALIATION UNDER COLOR OF WRIT OF EXECUTION & SANCTIONS
9. With the intent to retaliate, Corrupt Martin knowingly took actions harmful to the Plaintiff
public corruption victims, which included interference with Plaintiffs’ livelihood and record
land ownership, because the Plaintiff landowners had provided truthful information relating
to the commission of Federal offenses to law enforcement, 18 U.S.C. §§ 1513.
EXTORTION ASSISTANCE UNDER COLOR OF “FRIVOLOUS APPEAL”
10. Knowingly, Def. Martin assisted the extortion of Plaintiffs’ property and/or threatened to do
so, with corrupt intent to retaliate against the Plaintiffs because the Plaintiffs had blown the
whistle on public corruption; in particular, because the Plaintiffs had produced records and
testimony conclusively evidencing Government corruption and fraud, and information about
the commission of Federal offenses by Government Officials. Here, Plaintiff Government
crime and corruption victims had the right to be reasonably protected from the Government
Offenders and Judges of record, 18 U.S.C. § 3771.
CONSPIRACY TO OBSTRUCT JUSTICE AND COURT ACCESS
11. Def. Martin conspired with other Defendants and Officials to “restrict Appellant’s ability to
pursue future appeals” for, e.g., criminal and unlawful purposes of concealing:
a. Facially forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-
00001.0000”;
b. Falsification of [a recorded “$24.30 judgment” into] an un-recorded“$5,048.60”-
extortion-and-execution scheme;
c. Falsification of a “writ of execution” in the absence of a recorded “$5,048.60”
“judgment”;
d. Destruction and falsification of official Court records.
EXACTION OF MONEY BY THREAT OF, E.G., ARREST AND CIVIL CONTEMPT
12. Def. Martin conspired to exact money from Plaintiffs under color of, e.g., “frivolous appeal”
even though Martin knew that no legal basis for and justification of “frivolity” had ever or
could have possibly ever existed.
CONSPIRACY TO ASSIST EXTORTION AND BLACKMAIL
13. In particular, Def. Martin conspired and assisted to extort $5,048.60 and property in the
absence of any recorded authentic judgment and justification. Martin caused other
Government Officials to falsify, alter, and destroy official records for criminal and illegal
purposes of concealing other Defendant Officials’ extortion, coercion, obstruction of
justice and other crimes of record.

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14. Def. Martin made unlawful communications and threatened Plaintiff public corruption
whistleblowers with obstruction of court access and deliberate deprivations of Plaintiffs’
express fundamental rights to redress Government grievances, own property, and exclude
Governments.
MISCONDUCT AND EXTENSION OF RECORD CRIMES AND FALSIFIED “WRIT”
15. Under prima facie fraudulent pretenses of “frivolous appeal”, Def. Martin recklessly
extended the record Government crimes, and FIXED and “DISMISSED AS
FRIVOLOUS”. Def. Martin assisted and conspired the reckless perversion and
falsification of a recorded “Judgment” and “Bill of Costs” in the amount of $24.30 “issued as
mandate on 06/11/2009” for criminal and illegal purposes of extortion, coercion, and
retaliation against the Plaintiff corruption whistle blowers. In order for the record fraud
under said fake “land parcels” to continue and for illegal purposes of silencing the Plaintiff
landowners, Def. Martin “SUSPENDED” and perverted the Rules and caused the Clerk to
“discard” more documents.
FALSIFICATION OF APPEAL NUMBERS
16. The payment records regarding Plaintiffs’ multiple appeals conclusively proved the
falsifications and fabrications of “Appeal Number 10-10963 and/or 10-10967”. See U.S.
District Court payment records and receipts. The U.S. Clerk refused to certify and
authenticate the payment record. See Fed.R.Civ.P. 44.
17. Def. Martin pulled “frivolity” out of her ass without any explanation and/or justification
whatsoever. Review of the recorded judgment patently clearly evidenced that the District and
Circuit had fabricated “lack of jurisdiction” for illegal purposes of concealment and cover-
up. Plaintiffs were entitled to defend their unimpeachable, unencumbered, and marketable
record title against Government extortion and fraud, which of course had invoked Federal
jurisdiction directly under the express guarantees of the Federal and Florida Constitutions.
18. Here with wanton disregard for the law, and including Fla.R.Civ.P. 1.540, 1.550, Ch. 55,
56, 71, 73, 74, 95, 712, Fla. Stat., Def. Martin conspired to oppress Plaintiffs with prima
facie non-existent and/or illegal orders, judgments, and/or mandates…

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

c/o International Court of Justice
Peace Palace
The Hague, Netherlands

/s/Jennifer Franklin Prescott

c/o International Court of Justice
Peace Palace
The Hague, Netherlands

CC
Florida Department of Law Enforcement
U.S. Department of Justice
The Florida Bar
Real Property Probate and Trust Lawyer Section, The Florida Bar
Barack Hussein Obama
Eric Holder

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