Professional Documents
Culture Documents
evidenced their rights to appeal and the jurisdiction of this Appellate Court as a
Therefore here, this Court’s improper 03/01/2011 orders were prejudicial and
disposed action. Here unlawfully, Defendant Clerk of the lower Court had
Cheryl Bishop did not mark “Non-final Notice of Appeal and Order”. See attached
letter.
Said record error by the lower Court’s Appeal Clerk prejudiced the Appellants who
hereby demand correction and the striking of this Court’s two 03/01/2011 orders.
“Appellant shall show cause within fifteen days why this appeal should not be
dismissed for lack of jurisdiction, as appellant had failed to provide a copy of
the order appealed as required by Florida Rule of Appellate Procedure
9.110(d), and this court is unable thereby to determine its jurisdiction.”
THIS COURT KNEW THAT “APPELLANTS” NEED NOT PROVIDE FINAL ORDER
6. Accordingly, this Court had jurisdiction, and said Order of this Court was
7. Here, a non-final order met the standards for the issuance of an extraordinary writ
and/or came within the orders enumerated in Florida Rule of Appellate Procedure
are complete, and said Appellants Prescott, Franklin-Prescott, et al., have been
10. Here wrongfully, the Court(s) did not “grant an injunction” even though the lower
deprived Walter Prescott, Jennifer Franklin-Prescott, et al., of due process and their
fundamental rights to, e.g., jury trial and disposition in Appellants’ favor.
11. This Court and the lower Court have known that “BankUnited” had no standing and
12. This Court and the lower Court know that “BankUnited” had no right to schedule
hearings after the lower court had disposed the wrongful foreclosure action on
08/12/2010:
13. The lower court’s record evidenced that 3 (three) prima facie unlawful and
14. § 28.29, Florida Statutes (2010), Recording of orders and judgments, states:
“Orders of dismissal and final judgments of the courts in civil actions shall be
recorded in official records…
Here, the 08/12/2010 disposition record was unlawfully removed from the official
record(s).
filed their “NOTICE OF APPEAL FROM ROCKET DOCKET…” However here, the
(C)(ii) of said Rule 9.1130 is intended to apply whether the property involved is
17. Here, said Rule applied to this appeal to the circuit court of a non-final order as
“defendants” about “BankUnited’s” lack of standing and lack of any right to foreclose
19. Here, the lower court’s record evidenced clear error and a proper appeal was
taken.
20. Here, the highly meritorious issues for appellate review were perfectly isolated,
21. Fraudulently, “mass foreclosure” Judge Monaco set the previously disposed case
for non-jury trial in the record absence of any jurisdiction and/or authority.
23. Here, the corrupted lower Court may not render any final order:
24. Here, this Court knowingly mis-applied said Rule 9.110 for improper purposes of,
e.g., promoting the 20th Judicial Circuit’s illegal “rocket docket” and concealing
appeals may be prosecuted under the procedures set forth in said Rule without any
if the interlocutory appeal involves fraud on the court and/or jurisdiction. See Rule
9.1130.
26. Here, both Courts knew that in the record absence of any reestablishment of the
destroyed and/or lost mortgage and note, “BankUnited” had never stated any
cause of action.
27. The lower Court’s Clerk erred when he/she listed bankrupt “BankUnited, FSB” as a
plaintiff:
“This appeal has been filed without a filing fee required by section 35.22(3),
Florida Statutes (2008).
Appellant[s] shall forward the required $300.00 filing fee or, if applicable, a
certificate or order from the circuit court finding appellant insolvent pursuant to
section 57.081 or 57.085, F.S. (2008), as applicable, within forty days from
the date of this order.”
29. Rule 9.110(b) provides that a party seeking to appeal must pay the required filing
fees within 30 days with the clerk of the lower court after the judgment is rendered.
Here, an appeal from a final order/judgment could not have possibly commenced,
30. This Court knew that the action had been disposed on 08/12/2010, and that no trial
could have ever possibly taken place. However, a [“final”] order must be “rendered”
31. For appellate purposes, the “rendition” date begins the jurisdictional period for filing
an appeal. The rules on rendition, however, are confusing. Rule 9.020(h) provides
that an order is not rendered until the clerk has actually filed the order signed by a
judge. Thus, contrary to popular opinion, an order is not rendered when the court
first announces its ruling or even when the order is signed by the judge.
32. Here, three times in a row, the lower Court, Clerk, and “BankUnited” agreed to
33. The common law writ of certiorari is available at any time. Said writ provides a
remedy for the clear departure from the essential requirements of law proven in this
case. Here, the lower tribunal deliberately deprived the “defendants” of their
34. Otherwise irreparable harm will result from “robo” Judge Daniel R. Monaco’s
35. Setting a previously disposed wrongful foreclosure case [in which “BankUnited”
had no standing, and which was not even at issue] for bench-trial was an
certiorari.
36. Here, this Court and the lower Court knew that the Legislative Branch of
recovery”.
37. Here, Prescott, Franklin-Prescott, et al. have rights of review of, e.g., orders on
motions seeking relief from a previous court order on the grounds of, e.g., mistake,
Procedure 1.540. Said “defendants” were clearly entitled to and demanded trial
by jury. The alleged destroyed and/or lost instruments could not be reestablished
as a matter of common law. Here, “rocket docket” robo Judge Monaco had no
Appeal;
appeals;
7. An Order striking this Court’s two 03/01/2011 orders as erroneous and prejudicial.
Respectfully,
ATTACHMENTS
CERTIFICATE OF SERVICE
We hereby certify that a true and correct copy of this pleading has been delivered to
“BankUnited”, “Albertelli Law”, P.O. Box 23028, Tampa, FL 33623, USA, the Clerk of
Appellate Court, Mr. Birkhold, the Clerk of lower Court, Hon. Hugh D. Hayes, and
retired “rocket docket” Judge Daniel R. Monaco, Courthouse, Naples, FL 34112, USA,
Respectfully,
colin_barr@fortune.com,
juggerm@flcourts.org,
info@4closurefraud.org,
MAIL1@flabar.org,
robin.sidel@wsj.com,
dstern@dstern.com,
dawn.wotapka@dowjones.com,
NetNet@cnbc.com,
khundley@sptimes.com,
mmiddlebrook@ca.cjis20.org,
dmclaughlin9@bloomberg.net,
crice@ca.cjis20.org,
drovella@bloomberg.net,
pforeclosures@ca.cjis20.org,
hforeclosures@ca.cjis20.org,
CollierJACS@ca.cjis20.org,
kbailey@ca.cjis.org,
lllayden@NAPLESNEWS.COM,
dwilliams@ca.cjis.org,
tom.lyons@heraldtribune.com,
dmonaco@ca.cjis20.org,
hhayes@ca.cjis20.org,
froomkin@huffingtonpost.com,
darlene.muszynski@collierclerk.com,
christine@desertedgelegal.com,
Collierclerk@collierclerk.com,
Sue.Barbiretti@collierclerk.com,
Jill.Lennon@collierclerk.com,
Dwight.Brock@collierclerk.com,
Robert.StCyr@collierclerk.com,
afivecoat@albertellilaw.com,
simone@albertellilaw.com,
nreed@albertellilaw.com,
tbaron@albertellilaw.com,
jtarokh@albertellilaw.com,
jsawyer@albertellilaw.com,
jalbertelli@albertellilaw.com,
erose@albertellilaw.com,
acamner@clplaw.net,
eecamner@clplaw.net,
BFERNANDEZ@BANKUNITED.COM,
marcl@clplaw.net,
rick@agstergroup.com,
lawrsa@aol.com,
karlatoro@aol.com,
edahr@aol.com,
nicky_ahrens@earthlink.net,
TAIDMAN@FordHarrison.com,
toyin.aina-hargrett@tampagov.net,
tdaitken@trenam.com,
stephen.ake@myfloridalegal.com,
aalaee@foley.com,
dalbritton@albrittonlawyers.com,
rtalba@blackswanlegal.com,
salbee@fulmerleroy.com,
alberdip@aol.com,
jalbinson@dkdr.com,
Pascolaw@aol.com,
jswatz@nytimes.com,
jmetcalfe@ca.cjis20.org,
Dmravic@ca.cjis20.org
bivry@bloomberg.net,
robprag@bloomberg.net,
eto@flabar.org,
rtraynor@flabar.org,
rscott@flabar.org,
creynolds@flabar.org,
amorgan@flabar.org,
rscott@flabar.org,
czahner@flabar.org,
sfleming@flabar.org,
mswiggard@flabar.org,
rblackbu@flabar.org,
dbicknell@flabar.org,
lblomberg@flabar.org,
lcook@flabar.org,
mlucas@flabar.org,
cvaught@flabar.org,
jwilson@flabar.org,
lacuff@flabar.org,
mobos@flabar.org.
lcook@flabar.org,
cvaught@flabar.org,
ajackson@flabar.org,
spiland@flabar.org,
aaustin@flabar.org,
kklinkman@flabar.org,
dmartin@flabar.org,
dmaffei@flabar.org,
fwalker@flabar.org,
vbrand@flabar.org,
lblomberg@flabar.org,
dbicknell@flabar.org,
esloyer@flabar.org,
esloyer@flabar.org,
kbible@flabar.org,
thill@flabar.org,
cdodd@flabar.org,
stillman@flabar.org,
dmaffei@flabar.org,
vbrand@flabar.org,
esloyer@flabar.org,
mvalencianomarin@flabar.org,
kkelly@flabar.org,
lblomberg@flabar.org,
phill@flabar.org,
LSiler@bankunited.com