amended notice of appeal & show of no jurisdiction

8/8/2019 Amended Notice of Appeal & Show of No jurisdiction

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

SECOND DISTRICT, P.O. BOX 327, LAKELAND, FLORIDA 33802-0327

CASE NO.: 2D10-4158

Jennifer Franklin-Prescott v. BankUnited

________________________________________________________________________/

AMENDED NOTICE OF APPEAL PURSUANT TO ORDER OF THE COURT,

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA (08/31/2010),

AND SHOW OF NOjurisdiction,

WITH A SATISFACTORY CERTIFICATE OF SERVICE,

COPY TO THE DISTRICT COURT OF APPEAL, AND

NOTICE OF 08/12/10 FINAL DISPOSITION AND LACK OFjurisdiction


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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED, a NON-party, and

NOT anysuccessor in interestto LAWFULLY SEIZED BANKRUPT BankUnited, FSB,

NOT anyproperplaintiff or party,

v. DISPOSED CASE NO.: 09-601-CA

JENNIFER FRANKLIN-PRESCOTT, et al.,

NOT any defendants.

__________________________________________________________________________/

AMENDED NOTICE OF APPEAL PURSUANT TO ORDER OF THE COURT,

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA (08/31/2010),

AND SHOW OF NOjurisdiction,

WITH A SATISFACTORY CERTIFICATE OF SERVICE,

COPY TO THE DISTRICT COURT OF APPEAL, AND

NOTICE OF 08/12/10 FINAL DISPOSITION AND LACK OFjurisdiction

SHOW OF NOjurisdiction

1. Here, neither the Circuit Court nor the District Court hadjurisdiction. The 08/12/2010 Final

Disposition resulted from the lackofjurisdiction.

2. The District Court alleged that

appellant has failed to provide a copy of the orderappealed as required by Fla. R. App.

P. 9.110(d)

3. However here, the 08/12/2010 Final Disposition occurred without an order declaring the

lackofjurisdiction. Here in particular, the 08/12/2010 Final Disposition had been the result

of

a. The lackofjurisdiction;


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b. Thelack of plaintiffs right to sue Jennifer Franklin-Prescott and the other NON-

defendants;

c. The lackof any note and mortgage;

d. Failure tostate any cause of action;

e. Failure tosatisfy the conditions precedent.

THE DOCKET OF THE DISPOSED CASE WAS DEVOID OF an order

4. Here, Jennifer Franklin-Prescott and the otherNON-defendants order were entitled to an

finalizing the 08/12/2010 Final Disposition and declaring the lackofjurisdiction.

08/12/2010 RECORD FINAL DISPOSITION

5. On 08/12/2010, Defendant Judge Hugh D. Hayes had disposed Case Number0906016-CA,

BANKUNITED v. FRANKLIN-PRESCOTT, et al. See also record Final Disposition Form

on file, Fla.R.Civ.P. 1.998. Here, the time and manner of the admitted record loss of a

purported note and mortgage were unknown. Here in particular, BankUnited and

BankUnited, FSB, did NOTknowWHO had allegedly ownedWHATHOWand WHEN.

RECORD LACK AND/OR LOSS OF ANY note and mortgage

6. Here, the publicly recorded lackand loss of a fictitious note and mortgage were the

result of a lawful seizure and/or transfer, Federal Deposit Insurance Corp. (F.D.I.C.), Ch.

673, Florida Statutes. Here, the burden had been on lawfully seized BankUnited, FSB, and

BankUnited, both non-parties frivolously seeking to enforce a non-existent and/or lost

instrument. See 673.3091(2), Florida Statutes. Here, NON-parties BankUnited, FSB, and

BankUnited were

a. PROHIBITED fromsuingthe NON-defendants;

b. PROHIBITED fromservingthe NON-defendants.


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Here particularly, the NON-plaintiffs, i.e., said seized bank and NON-successor, and the

Court(s) knew that

c. Failed and seized BankUnited, FSB, and NON-successor-in-interest BankUnited could

NEVERhavepossiblymetthe absolutely required conditions precedent;d. Busted BankUnited, FSB, and BankUnited had NEVER any established interest,standing, and/orrightto sue NON-defendantJennifer Franklin-Prescott and/or any of the

fraudulently listed NON-defendants;e. The seized Bank and BankUnited were NOTallowed to bring the facially fraudulent

foreclosure action.

NON-service OF NON-defendants

7. Here, NON-party and NON-defendantJennifer Franklin Prescott was

a. NEVERserved;

b. CouldNOT havepossibly beenservedunder any existing law.

COMPULSORY JUDICIAL NOTICE

8. Here, the State Court and State Appellate Court must take compulsory judicial notice of

a. The facial illegality of this fraudulentaction;

b. Thefacial frivolity of BankUniteds facially deceptiveaction;

c. Bankrupt & lawfully seized BankUniteds record lack of any right to sue NON-

defendants;

d. The nullity of the disposedaction;

e. The Clerks responsibility to recordand/orfile any and all official documents and final

disposition documents.

NON-party FRANKLIN PRESCOTT WAS ENTITLED TO UN-ALTERED RECORDS

9. Here, Jennifer Franklin-Prescott was entitled to

a. An un-altered official records and documents;


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b. Judicial transparency and accountability;

c. Un-altered official records and entry of the judicial orders and 08/12/2010 final

disposition.

RECORD EVIDENCE OF FRIVOLOUS AND FRAUDULENT foreclosure action

10. Here under Floridas Evidence Code, Ch. 90, and 90.953, Fla. Stat., there was

a. NOevidence of any note and mortgage;

b. NO evidence of any rightto enforce a admittedlyfictitiousnote;

c. NOevidence of any entitlementtosue Jennifer Franklin Prescott.

LAWFUL SEIZURE OF BUSTED BANKUNITED, FSB

11. Bankrupt BankUnited, FSB, had been lawfully seized, Ch. 673, Florida Statutes. Here,

BankUnited, FSB, and BankUnited:

a. Had NEVERestablishedany promissory note;

b. WereNOTentitledtosue any of the purported defendants;

c. Were precluded from the frivolous and fraudulentlegal action;

d. Had failed tostate any cause of action in the admittedrecord absence of any note;

e. Could NEVER have been, under any circumstances and/or existing law, any proper

plaintiffs orparties to bring any foreclosure action against Jennifer FranklinPrescott

and/or otherNON-defendants.

12. Here on its face, the fraudulently pretendedforeclosure action was

a. Non-meritorious;

b. Frivolous;

c. Fraudulent.

RECORD ABSENCE OF ANY lien AND lis pendens


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13. Here as a matter of law and public record, Chapter 673, Fla. Stat., there were

a. NOnegotiable instrument;

b. NO note;

c. NOobligation topay any money;d. NOlien;

e. NOlis pendens.

14. Here pursuant to Ch. 673, Fla. Stat., nothing and noexisting law could havepossibly

a. justifiedthe faciallyfraudulent and frivolous foreclosure action;b. Entitledsaid NON-parties/plaintiffs tosue the NON-defendants.

15. Here, BankUnited, FSB, and BankUnited

a. Were NOT any proper party; b. HadNOinterestin the subject property;

c. Had NOstanding;d. Engaged in sanctionable conduct before the Court.

NO notice(s) of appearance

16. Here, several of the purported NON-plaintiff(s) lawyers failed to file their notice(s) of

appearance. See Docket.

ADOPTION OF FILED PLEADINGS BY REFERENCE IN THIS PLEADING

17. Hereby, Jennifer Franklin Prescott adopts by reference the attached identified pleadings [see

Certificates of Filings] in this pleading.

RECORD FINALITY AND LACK OF JURISDICTION

18. Here, there was record finality and Jennifer Franklin-Prescott was entitled to un-altered

official records and orders of, e.g.:

a. Final disposition;

b. Lack of jurisdiction.


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DEMAND FOR OFFICIAL FINAL DISPOSITION RECORDS AND ORDERS

WHEREFORE, Jennifer Franklin-Prescott and the otherNON-defendants demand

1. An Order declaring the Court(s) lack of jurisdiction and perfecting the Final

Disposition;

2. An Order directing the Circuit Court to perfect the record 08/12/2010 Final

Disposition;

3. An Orderdetermining the lackofjurisdiction overNON-plaintiff(s), BankUnited and

BankUnited, FSBs, facially frivolous and fraudulentNON-action;

4. An Orderdirecting the Clerk to file the Final Disposition documents under Florida law.

/s/Jennifer Franklin-Prescott, un-served NON-party and NON-defendant

CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the NON-

plaintiffs, lawfully seized BankUnited, FSB, and BankUnited, James E. Albertelli, Esq., Erin M.

[Quinn] Rose, Esq., and Erin Rowland [NO notice of appearance], Albertelli Law, P.O. Box

23028, Tampa, FL 33623, judicial imposter Tony Perez, Magistrates Office, and Defendant

Judge Hugh D. Hayes, Naples Courthouse, 3301 E. Tamiami Trail, Naples, FL 34112, on this

15th

day of September, 2010.

Serena Kay Paskewicz, Esq., Camner Lipsitz law firm, is not any co-counselor counsel at this

time.

This pleading is also being published worldwide.

/s/Jennifer Franklin-Prescott, un-served NON-party and NON-defendant


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Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX

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Case Information Printer Friendly Version

Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER

Uniform Case Number: 112009CA0060160001XX Filed: 07/09/2009

Clerks Case Number: 0906016CA

Court Type: CIRCUIT CIVIL Disposition Judge: HAYES, HUGH D

Case Type: MORTGAGE FORECLOSURES Disposed: 08/12/2010

Judge: HAYES, HUGH D Reopen Reason:

Case Status: DISPOSED Reopened:Next Court Date: Reopen Close:

Last Docket Date: 09/07/2010 Appealed:

Parties

Dockets

Events

Financials

1 of 1 pages. Entries per page: 100

Date Text All Entries

07/09/2009 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (FILING)

07/09/2009 CIVIL COVER SHEET

07/09/2009 COMPLAINT

07/09/2009 NOTIC E OF LIS PENDENS

07/09/2009 PAID $10.00 PER ISSUANCE OF SUMMONS $40.00

07/09/2009 REAL PRO PERTY VALUATION SHEET

07/10/2009 SUMMONS ISSUEDJENNIFER FRANKLIN PRESCOTT/ WALTER PRESCOTT/ JOHN DOE/ MARY DOE/PLACED IN SOUTH FLORIDA PROCESS SERVERS BIN

09/03/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS MARY DOE

10/14/2009 AFFIDAVIT OF LOST OR IGINAL SUMMONS JOHN DOE

10/14/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JOHN DOE

12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT

12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JENNIFER FRANKLIN-PRESCOTT

02/22/2010 NOTICE OF APPEARANCE

AS CO-COUNSEL BY ERIN M ROSE QUINN ON BEHALF OF PLT

04/06/2010 ALIAS SUMMONS ISSUEDJENNIFER FRANKLIN-PRESCOTT/WALTER PRESCOTT/PLACED IN PROVEST LLC BIN

05/20/2010 AFFIDAVIT OF NON-SERVIC E OF SUMMONS JENNIFER FRANKLIN PRESCO TT

05/20/2010 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT

06/15/2010 COR RESPONDENCE FROM COUNSEL TO CLERK

06/15/2010 AFFIDAVIT OF CONSTRUCT IVE SERVICE AS TO WALTER PRESCOTT

06/15/2010 AFFIDAVIT OF C ONSTRUCTIVE SERVICE AS TO JENNIFER FRANKLIN-PRESCOTT

06/15/2010 AFFIDAVIT OF CONSTRUCTIVE SERVICEAS TO ANY AND ALL UNKNOW N PARTIES CLAIMING

06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT

06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT

Find it here...

Site Search

9/14/2010 Public Inquiry

apps.collierclerk.com//Case.aspx?UC 1/3


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06/15/2010 COR RESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW

06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW

06/17/2010 NOTICE OF ACTIONTO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING

06/17/2010 AFFIDAVIT OF MAILING MAILED 6/18/10

06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF CO AST BUSINESS REVIEW

07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10

07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT

07/22/2010 NOTICE OF SERVICE MOTION TO DISMISS

07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PRO SE

07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PRO SE

07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTIC E OF RECORD & MOT ION TO DISMISSBY DEFENDANT

07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL

07/23/2010 MOTION TO DISMISS

07/23/2010 MOTIO N TO C LARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD

08/12/2010 MOTIO N TO DISMISS PRO SE JENNIFER FRANKLIN PRESCOTT

08/12/2010 BANKRUPTCY BANKUNITED

08/12/2010 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (DISPOSITION)

08/17/2010 BANKRUPTCY BANKUNITED

08/17/2010 NOTICEOF BANKRUPT BANKUNITED INCIDENT REPORT APPARENT FALSIFICATIONS NOTICE

08/17/2010 NOTIC E OF BANKRUPT BANKUNITED

08/17/2010 NOTIC E OF BANKRUPT BANKUNITED DOCKET ALTERATIONS EVIDENCE

08/17/2010 NOTIC E OF BANKRUPT NON SERVICE NOTIC E

08/17/2010 NOTICEOF BANKRUPT BANKUNITED EMERGENCY DEMAND TO EXTINGUISH FRAUDULENTACTION

08/18/2010 NOTICE OF APPEALFROM ALTERATION OF RECOR D NO O RDER ATTACHEDNO FEES ENCLO SED

08/20/2010 CORR ESPONDENCE FROM

APPEAL CLEERK TO DCA W/NOTICE OF APPEALNO FEE INCLUDED

08/20/2010 BILLED APPEAL FILING FEE $150.00

08/26/2010 NOTIC E OF HEARING 9/2/10 @ 11:30 MOTIO NS TO DISMISS & ENJOIN

08/30/2010 NOTICE OF RELEASE OF LIS PENDENS FILED BY DEFENDANT

08/30/2010 FINAL DISPOSITION FORM

08/31/2010 NOTICEOF RELEASE & DISCHARGE OF FRAUDULENT LIS PENDENS BY DEFENENDANTJENNIFER FRANKLIN PRESCOT T

08/31/2010 FINAL DISPOSITION FORM BY DEFENDANT

09/01/2010 NOTICE OF SERVICE

09/01/2010 NOTICE OF SERVICE

09/01/2010 DEFENDANT NON CONTEST T O ANY MAGISTRATE

09/01/2010 OBJECTION TO MAGISTRATE

09/01/2010 NOTICE OF CANCELLATION OF HEARING 9/2/10 FILED BY DEFENDANT

09/01/2010 NOTIC E OF RECORDATION OF R ELEASE OF LIS PENDENS

09/01/2010 NOTICE OF SERVICEOF NOTICE OF DISPOSITION AND NON CONTEST TO ANY MAGISTRATE

09/01/2010 OBJECTION TO MAGISTRATE

09/02/2010 CANCELLED

09/02/2010 MINUTES - HEARING SEE SCHEDULE MINUTES FOR DETAILS

09/02/2010 RECEIPT FROM DCAACKNOWLEDGMENT OF NEW CASE FILED W/DCA 8/18/10 2D10-4158

09/02/2010 ORDER BY DCAAPPELLANT SHALL WITHIN 15 DAYS SHALL FILE AN AMENDED APPEAL




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09/02/2010 ORDER BY DCAAPPELLANT SHALL FORWARD FILING FEE OR ORDER OF INSOLVENCY WITTHIN40 DAYS

09/02/2010 ORDER BY DCA APPELLANT SHALL SHOW CAUSE WITHIN 15 DAYS

09/02/2010 NOTICE OF LACK OF JURISDICTION


09/02/2010 NOTICE NOTICE OF LACK OF JURISDICTION

09/02/2010 NOTICE

09/02/2010 MOTION FOR RECUSAL

09/02/2010 NOTIC E IN SUPPOR T OF HUGH HAYES RECUSAL






09/07/2010 ORIGINAL SENATE STAFF RECORD EVIDENCE IN SUPPORT O F SANCTIO NS

09/07/2010 NOTICE OF LACK OF JUSIDICTION

09/07/2010 REQUEST FOR JUDICIAL NOTICE

09/07/2010 NOTIC E OF AUTOMATIC DISSOLUTION OF LIS PENDENS

09/07/2010 REQUEST FOR JUDICIAL NOTICE

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amended notice of appeal & show of no jurisdiction

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