ITY BA K, Plaintiff, vs. JOH CARROLL, JODIE CARROLL, CHAMBERS STREET BUILDERS, I C., TAU TO TRUSS, I C., and DEPARTME T OF THE TREASURY I TER AL REVE UE SERVICE, et al Defendants. ____________________________________ JOH CARROLL, Counter-Plaintiff vs. COASTAL COMMU ITY BA K and MIKE BYERS Counter-Defendants. ____________________________________________/ DEFE DA T and COU TER-PLAI TIFF JOH CARROLL’S MOTIO FOR REHEARI G COMES NOW COUNTER PLAINTIFF, pursuant Florida Rules of Civil Procedure 1.530 and states: 1. On October 14, 2010 the Court heard Plaintiff’s Motion for Summary Case o.: 09CA001577

Judgment over the objection of John Carroll who was not served with Centennial’s Motion for Summary Judgment (nor was the Court served with Centennials Motion).


Counsel for Centennial decided during the hearing to forgo Centennial’s

Motion for Summary Judgment and ride on Coastal’s Motion for Summary Judgment instead. 3. Carroll knew, and knows, that Coastal’s Motion for Summary Judgment

could not issue because of unresolved material issues to be resolved at trial, but Carroll also knew that he was not required to provide a Memorandum in Opposition to Coastal’s Motion, because Coastal was closed by the FDIC long before the hearing on the Motion for Summary Judgment. 4. Carroll intended to file a Memorandum in Opposition to Centennial’s

Motion for Summary Judgment, as soon as it was filed, but Centennial never filed their Motion, despite the fact that he Notice of Hearing said they had. 5. Even this Honorable Court had no idea prior to the hearing that the parties

would not be arguing Centennial’s Motion. 6. The simple fact of the matter is, the loan that Centennial now argues to

foreclose was modified and replaced by a new loan, with a new balance, new terms, construction financing and new account number. (Exhibit A) 7. It is elementary that Centennial cannot foreclose on a loan that is extinct

and has been replaced by a new loan. WHEREFORE, Carroll requests: A) Relief from the Order granting the partial final summary judgment. B) A belated re-hearing on the Motion for Partial Final Summary Judgment so that this Court can hear from the Counter Plaintiff and the Internal Revenue Service on the terms and conditions of the true loan in place.

C) All further relief deemed appropriate by this Court. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was forwarded to Frank A. Baker, Esq., 4431 Lafayette Street, Marianna, FL. 32446, counsel for Coastal, and to Paul Alan Sprowls, Asst. U.S. Attorney, 111 North Adams Street, Tallahassee, FL 32301, counsel for the IRS, and to Taunton Truss, Inc., in care of Abigail J. Taunton, 702 N. Highway 71, Wewahitchka, FL 32465, and to Franks Cash & Carry, Inc. in care of FrankM. Schissler 619 Pitts Bayshore, Freeport, FL 32439, and to Gary Shipman, Esq. at 1414 County Highway 283 South, Suite B, Santa Rosa Beach, FL 32459, counsel for WaterSound by regular mail this 31st day of January, 2011 and by original service of process on Mike Byers.

_____________________________ John P. Carroll Box 613524 WaterSound, FL 32461 Tel: (850)231-5616 Fax: (850)622-5618


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