lee county affidavit in support of disqualification of judge mchugh - writ of mandamus exhibit p-17

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  • 8/8/2019 Lee County Affidavit in Support of Disqualification of Judge McHugh - Writ of Mandamus Exhibit P-17

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    IN TII.E CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FORLEECOUNTY, FLORIDA

    CIVIL ACTIONUS BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR GSMPS 2004-4Plaintiff,vs.

    CASE NO: 08-CA-055974Judge: Richards/MclfughLARRY RBRADSHAW, et ai,Defendanus ).

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    AFFIDAVIT IN SUPPORTOF DISQUALIFICATION OF JUDGE MCHUGH

    1Larry R. Bradshaw, competent to testify, and of my own free will makethis affidavit of my own personal knowledge and knows to-be true, andherein states:

    1. Affiant was served by U.S. Mail a Notice of Hearing by plaintiffcounsel Florida Default Law Group Tampa Florida on or aboutJanuary 16, 1020.2. Notice of Hearing dated 14 day of January 2010, noticed a Motion toCompel to be called up for hearing before the Honorable Judge ,Michael T. McHugh, Judge of the above-styled Court in Chambersdnthe Lee County Courthouse at 1700 Monroe St. Court Room 16, 4thFloor, Fort Myers, FL 33901, on February 22,2010 at 10:00AM EST,or as soon thereafter as counsel may be heard.3. Affiant was present in Judge McHugh's Chambers.as directed in theNotice of Hearing on February 22,2010.

    4. Judge McHugh did not call case number 36-2008-CA-055974 at the11:00 AM EST docket call.5. Affiant/defendant did not argue his position on any Motion to Compelbefore judge McHugh on February 22, 2010.6. Affiant/defendant did contact the Clerks office regarding the place forhearing of the said motion, wherein the clerk's office determined thatJudge Roberts in fact called the motion for hearing.

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  • 8/8/2019 Lee County Affidavit in Support of Disqualification of Judge McHugh - Writ of Mandamus Exhibit P-17

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    7. Affiant/defendant was taken to Judge Roberts Chamber where thedoors Was found locked, with plaintiff counsel inside, but judgeRoberts was not present at that time.

    8. Affiant went to the Clerk's office where a copy of the minutes ofJudge Roberts Court obtained which listed plaintiffs Motion toCompel denied.9. On or about March 22, 2010 affiant/defendant received a correctedorder from Judge McHugh overtumingJudge Roberts order.

    lO.Affiant believes that Judge McHugh has exhibited an egregious biasagainst defendant, and willfully colluded with plaintiff counsel todefraud defendant of his right to due process of law.

    l.Affiant is convinced that he cannot get a fair hearing from JudgeMcHugh.Further affiant saith not.

    ~:/~=~,LarrYRBradShaWCounty of LeeState of FloridaAppeared before me this~~day of March 2010, affiant Larry R.Bradshaw, who signed this a~~~~

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