IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION

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WASHINGTON MUTUAL BANK. F/KJA WASHINGTON MUTUAL BANK, FA SUCCESSOR BY MERGER TO BANK UNITED, FSB F/KJA BANK. UNITED OF TEXAS, FS Plaintiff, vs.

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CASE NO: 07-CA--T156 ~ DIVISON: L

LARRY R. BRADSHAW, Defendant(s ).

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DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S NOTICE OF VOLUNTARY CASE DISMISSAL FOR FRAUD

Defendant, Larry R. Bradshaw, moves this court to Strike plaintiff's notice of voluntary case dismissal for fraud, from both the court record and the recording of instrument # 2008000184940, page 3 as exhibited in the upper right corner of the Notice,

by Deputy Clerk J Lillie under section 695.26 and states in support: Plaintiff perpetrated a "Fraud on the defendant" wherein Plaintiff filed the facially flawed post hearing Notice of Voluntary Case Dismissal order (ordered on July 7,2008 filed on July 9, 2008) citing Florida Statute 702.07 and recorder the notice without signature as an instrument in conveyance, assignment, encumbered or otherwise disposed under Florida Statute 695.26 wherein it app~ars in record as a conveyance from ajudicial decree. The fact that the document is facially flawed raises the question of conspiracy by the clerk of courts in the filing of such a facially flawed instrument. To wit; Florida Statute 695.26 (1 )(a) The name of each person who executed such instrument is legibly

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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 instrument; (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 or proof; ... It is painfully clear that the Notice of

authorized to take acknowledgment

Voluntary Case Dismissal is defective pursuant to Florida Statute 695.26 and filed in "bad Faith" which requires this court strike the document from both the court record and the instrument filing under F.S. 695.26. Wherefore, plaintiff counsel is playing extremely loose with the rules to the point of committing fraud. This court should strike the plaintiff's notice of voluntary case dismissal as a procedural nullity from both the court docket and the instrument recordation shown on the document upper right comer.

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Bradshaw 18291 Useppa Rd. Ft Myers, FL 33912 Ph# 239-770-7393

CERTIFICATE OF SERVICE I, Larry Bradshaw, hereby certify that a true and correct copy of the foregoing has been sent by U.S. Mail to: Hollan Fintel Esq., Cindy Runyan Esq., Florida Default Law Group P.L. P.O. Box 25018 Tampa, Florida 33622-5018 and to Kiersten Jensen Esq., rd Echevarria, Codilis & Stawiashy of9119 Corporate Lake Dr. 3 Floor Tampa, Florida 33634 on JiBIe /1 2008.

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