motion for judicial disqualification

1

I� THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I� A�D FOR WALTO� COU�TY, FLORIDA

CIVIL DIVISIO�

COASTAL COMMU�ITY BA�K,

Plaintiff, Case �o.: 09CA001577

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.

____________________________________________/

COU�TER-PLAI�TIFF JOH� CARROLL’S

MOTIO� FOR JUDICIAL DISQUALIFICATIO�

COMES NOW the Counter-Plaintiff, John Carroll (“Plaintiff”), pursuant to Rule

2.330 (c) of Florida Rules of Judicial Administration, and files this, his Motion to

Disqualify and as grounds therefore states:

Background

1. On June 30, 2010, Chief Judge Terry D. Terrell signed Administrative

Order 2010-32 creating Division “W”.

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2. On July 1, 2010, this case was transferred to the Honorable Judge Brace.

3. Thereafter, on July 7, 2010, Coastal Community Bank filed their Motion

for Summary Judgment.

4. Six weeks thereafter, on August 12, 2010, Frank Baker, Esq.

communicated a Motion to Substitute Party to the Honorable Judge Green (Exhibit A).

5. Seven weeks after Judge Brace became the acting Judge in the case, Judge

Green signed an Order Substituting Party from Coastal Community Bank to Centennial

Bank (Exhibit B).

6. John Carroll made his Renewed Motion to Dismiss, Motion to Compel

Discovery and Motion for in camera inspection of Mr. Baker’s billing records, and filed

same with the Clerk of Courts with copies to all parties of record and Judge Brace.

(Exhibit B)

7. At some point thereafter, Mr. Baker purportedly filed an Amended Motion

for Summary Judgment on behalf of Centennial Bank. On September 17, 2010, Mr.

Baker prepared a Notice of Hearing setting that Amended Motion for Summary Judgment

for hearing along with Carroll’s three Motions.

8. Neither Coastal Community Bank nor Centennial Bank ever filed their

Amended Motion for Summary Judgment with the Clerk, Judge Brace or any other

parties to the case.

9. While there exists record evidence that would defeat any Motion for

Summary Judgment filed by either bank, Carroll could not prepare a response to

Centennial’s Amended Motion for Summary Judgment because it was never filed.

10. Prior to the hearing on Centennial’s Amended Motion for Summary

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Judgment and Carroll’s (3) Motions, Carroll filed a Memorandum in Opposition to the

hearing on Centennial’s undisclosed Motion (Exhibit C).

11. At the October 14, 2010 hearing, Judge Brace was relying on the obsolete

and moot August 19, 2010 Notice of Hearing delivered to him by Frank Baker. The

parties were there to settle the matters set forth in the October 14, 2010 notice of hearing.

Carroll objected to the classic bait and switch. (Exhibit D)

12. Carroll went out of his way during the abbreviated hearing to remind

Judge Brace that his Motions concerned discovery violations on the part of Coastal and

Centennial, fraud on the part of Coastal and Centennial’s Counsel, and a Motion to

Dismiss Centennial’s complaint on straightforward grounds concerning Lack of Standing.

Carroll brought attention to the fact that he intended to file a Memorandum in

Opposition, but simply couldn’t without Centennial’s Motion properly filed and served.

13. Despite the facts that:

a) Centennial was never properly substituted as a party in the case;

b) Neither Coastal nor Centennial filed their Amended Motion for

Summary Judgment;

c) Carroll filed his objection to hearing the defunct Coastal’s Motion;

d) Judge Brace could have afforded Carroll a continuance to allow Carroll

to serve his Memorandum in Opposition to Coastal’s Motion for Summary Judgment;

e) and Carroll had reserved 45 minutes for Judge Brace to hear his (3)

Motions;

In just 8 minutes, Judge Brace went on to hear and grant Coastal’s Motion for

Summary Judgment, immediately denied Carroll the right to hear his (3) properly noticed

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Motions, and closed the hearing 37 minutes early.

Current Events

14. On May 31, 2011 Centennial emailed a supplemental Motion for

Summary Judgment, and simultaneously attempted to set that for hearing on June 16,

2011.

15. Carroll objected to a hearing on June 16, 2011, because it was sooner than

20 days from the date of service of Centennial’s new Motion for Summary Judgment, and

therefore in violation of Florida Rule of Civil Procedure 1.510. Judge Brace’s judicial

assistant told the parties that Judge Brace would not be the presiding Judge over the case

after June 30, 2011, and therefore the hearing must be scheduled for June 16, 2011.

16. Carroll reminded Judge Brace’s Judicial Assistant that he had (3)

outstanding Motions waiting to be heard.

17. Despite all of the forgoing, Judge Brace has scheduled Centennial’s

Motion for Summary Judgment sooner than 20 days after service of the Motion, and

again denied Carroll the opportunity to have his (3) fundamental Motions heard.

18. Carroll believes and understands that the Honorable A. Keith Brace

strongly dislikes the Counter-Plaintiff.

19. Counter-Plaintiff fears that he will not receive any fair hearing, or

ultimately trial, because of the specifically described prejudice or bias of the judge.

20. Finally, Rule of Judicial Administration 2.330 (i) permits (and may

require) this Honorable Court to enter and order of disqualification on the Court’s own

initiative if the Court feels that it would violate a judicial cannon by continuing to preside

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over the Carroll’s case or if the court determines that “an appearance of impropriety” may

exist based on the foregoing, not withstanding any other provision of Rule 2.330.

21. Wherefore the Counter-Plaintiff, John Carroll, respectfully requests that

this Honorable Court enter an Order granting the Motion for Disqualification of Trial

Judge, remove itself as the presiding judge over the case and order that the Counter-

Plaintiff’s case be randomly reassigned by the Clerk of Courts. Carroll cannot afford to

be railroaded by Judge Brace and Frank Baker in this case which seeks to take Carroll’s

home.

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 Mike Byers 12141 Panama City Beach, FL. 32407 by regular

mail this 8th day of June, 2011.

Respectfully submitted,

___________________________

John Carroll

Box 613524

WaterSound, FL 32461

Phone (850) 231-5616

Fax (850) 622-5618

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CERTIFICATION UNDER OATH BY PARTY

I HEREBY SWEAR that the facts contained herein are true and correct under penalty of

perjury and are made in good faith this 8th day of June, 2011.

_________________________________

John Carroll, Counter-Plaintiff

STATE OF FLORIDA }

COU�TY OF WALTO�}

The foregoing instrument was acknowledged before me this 8th day of June, 2011 by the

Counter-Plaintiff, John Carroll, under oath.

Personally Known _______ or

Produced the following type of identification____________________________

____________________________

Notary Public

State of Florida

My Commission Expires:

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EXHIBIT B Case Progress Dockets CASE NUMBER FILE DATE CASE TYPE STATUS 662009CA001577CAXXXX [09001577CA] 08/07/2009 REAL PROP OR MORTGAGE FORECLOSURE PENDING [DEFENDANT=CARROLL, JOHN DEFENDANT=CARROLL, JODIE M. DEFENDANT=CJAMBERS STREET BUILDERS, INC. DEFENDANT=TAUNTON TRUSS, INC. DEFENDANT=DEPT OF THE TREASURY INTERNAL DEFENDANT=J.M.B. LLC DEFENDANT=UNITED STATES OF AMERICA DEFENDANT=FRANK'S CASH AND CARRY INC DEFENDANT=WATERSOUND BEACH COMMUNITY PLAINTIFF=CENTENNIAL BANK, AS SUCCESSOR ] [JUDGE=BRACE, AVERY KEITH] LAST DOCKET DATE=09/20/2010 JURY TRIAL=Yes [Court Events | Finance Info | Docket Info] ACTION DATE TEXT 09/20/2010 COVER LETTER; AZP 09/20/2010 NOTICE OF HEARING; AZP 09/16/2010 LETTER FROM MR. BAKER DATED 09/10/10; TP 09/16/2010 COPY FO COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED SECOND 09/16/2010 MOTION TO COMPEL DISCOVERY FROM COASTAL COMMUNITY BANK; TP 09/16/2010 COPY OF COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED MOTION TO 09/16/2010 COMPEL IN CAMERA INSPECTION OF ATTORNEY'S BILLING RECORDS; 09/16/2010 COPY OF DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S 09/16/2010 RENEWED MOTION TO DISMISS COASTAL AND CENTENNIAL'S 09/16/2010 COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION; TP 09/13/2010 COVER LETTER FROM FRANK A BAKER FILED 09/13/2010 NOTICE OF HEARING CANCELLATION FILED 09/13/2010 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S MOTION FOR 09/13/2010 ALTERNATE HEARING DATE; LP 09/10/2010 COVER LETTER FROM JOHN CARROLL TO FRANK BAKER; LP 09/10/2010 COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED SECOND MOTION TO 09/10/2010 COMPEL DISCOVERY FROM COASTAL COMMUNITY BANK; LP 09/10/2010 COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED MOTION TO COMPEL 09/10/2010 IN CAMERA INSPECTION OF ATTORNEY'S BILLING RECORDS; LP 09/10/2010 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED 09/10/2010 MOTION TO DISMISS COASTAL AND CENTENNIAL'S COMPLAINT FOR 09/10/2010 LACK OF SUBJECT MATTER JURISDICTION; LP 08/20/2010 LETTER TO THE CLERK DATED 08/19/10; TP 08/20/2010 NOTICE OF HEARING ON 09/16/10 @ 2:10 PM CT; TP 08/17/2010 COVER LETTER FROM FRANK BAKER TO JUDGE GREEN; MAC 08/17/2010 ORDER SUBSTITUTING PARTY; MDB 08/16/2010 LETTER TO CLERK DATED 08/13/2010;FP 08/16/2010 MOTION TO SUBSTITUTE PARTY;FP 07/07/2010 COVER LETTER; AZP 07/07/2010 PLAINTIFF'S MOITON FOR SUMMARY JUDGMENT; AZP 07/07/2010 AFFIDAVIT IN PROOF OF CLAIM; AZP 06/02/2010 ORDER VACATING CLERK'S DEFAULT; SH 06/02/2010 COUNTER PLAINTIFF'S RESPONSE TO COUNTER-DEFENDANT'S MOTION 06/02/2010 TO VACATE DEFAULT; AMS 05/27/2010 COUNTER PLAINTIFF'S RESPONSE TO COUNTER-DEFENDANT'S MOTION 05/27/2010 TO VACATE DEFAULT; SS 05/26/2010 LETTER RETURNED UNDELIVERED BY POST OFFICE FOR: MIKE BYERS; 05/26/2010 LP 05/24/2010 COVER LETTER FROM FRANK A. BAKER:KD

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05/24/2010 PLAINTIFF'S MOTION TO VACATE IMPROVIDENT CLERKS DEFAULT:KD 05/21/2010 LETTER 05/21/2010 REPLY 05/21/2010 LETTER TO THE CLERK DATED 05/19/10; TP 05/21/2010 PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES; TP 05/21/2010 BANK'S SECOND MOTION TO STRIKE CARROLL'S RENEWED DEMAND FOR 05/21/2010 JURY TRIAL; TP 05/21/2010 BANK'S MOTION TO DISMISS AMENDED COUNTER-CLAIM; TP 05/20/2010 LETTER TO MS. ANDERSON FROM FRANK A. BAKER; AZP 05/18/2010 CLERK'S CERTIFICATE OF MAILING OF MOTION FOR DEFAULT/ 05/18/2010 DEFAULT TO COASTAL COMMUNITY BANK AND MIKE BYERS VW 05/17/2010 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST COASTAL 05/17/2010 COMMUNITY BANK AND MIKE BYERS VW 04/21/2010 DEFENDANT JOHN CARROLL'S FIRST AMENDED ANSWER, AFFIRMATIVE 04/21/2010 DEFENSES AND COUNTERCLAIM; SS 04/21/2010 DEFENDANT JODIE CARROLL'S FIRST AMENDED ANSWER AND 04/21/2010 AFFIRMATIVE DEFENSES; SS 04/20/2010 DEFENDANT JOHN CARROLL'S FIRST AMENDED ANSWER, AFFIRMATIVE 04/20/2010 DEFENSES AND COUNTERCLAIM; SS 04/20/2010 DEFENDANT JODIE CARROLL'S FIRST AMENDED ANSWER AND 04/20/2010 AFFIRMATIVE DEFENSES; SS 04/08/2010 ORDER REGARDING VARIOUS MOTIONS;DY 03/31/2010 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S MOTION TO 03/31/2010 DIMISS COASTAL'S COMPLAINT FOR LACK OF SUBJECT MATTER 03/31/2010 JURISDICTION; MAC 02/03/2010 MOTION FOR DEFAULT;TB 01/27/2010 NOTICE OF HEARING;DY 01/27/2010 COVER LETTER;DY 01/20/2010 NOTICE OF TAKING DEPOSTION DUCES TECUM STEVE COUNTS VW 01/15/2010 COVER LETTER;DY 01/15/2010 PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANTS CA 01/15/2010 RROLL;DY 01/15/2010 PLAINTIFF'S NOTICE OF SERVICE OF FIRST INTERROGATORIES TO 01/15/2010 DEFENDANTS CARROLL;DY 01/11/2010 COVER LETTER WITH ATTACHED DISK; JMK 01/11/2010 PLAINTIFF'S SUPPLEMENTAL RESPONSE TO DEFENDANTS' FIRST 01/11/2010 REQUEST FOR PRODUCTION AND REVISED PRIVILEGE LOG; JMK 01/07/2010 FAX COPY OF PLAINTIFF'S MOTION FOR ORDER GRANTING 01/07/2010 TELEPHONIC HEARING; TP 01/07/2010 ORDER GRANTING TELEPHONIC HEARING; TP 01/06/2010 64A. LETTER FROM PAMELA F. MURPHY DATED 1-4-10; SH 01/06/2010 AMENDED NOTICE OF HEARING (1-8-10 AT 10:15 AM); SH 01/06/2010 RETURN OF: NON-SERVICE FOR JMB, LLC; SH 01/06/2010 RETURN OF: NON-SERVICE FOR CHAMBERS STREET BUILDER, INC; SH 01/04/2010 ORDER GRANTING TELEPHONIC HEARING; MDB 12/31/2009 BYERS' MOTION FOR EXTENSION OF TIME;DY 12/31/2009 COVER LETTER; JMK 12/31/2009 NOTICE OF HEARING ON 1/8/10 @ 10:15 AM CT; JMK 12/31/2009 PLAINTIFF'S MOTION FOR ORDER GRANTING TELEPHONIC HEARING; JK 12/31/2009 COVER LETTER; JMK 12/31/2009 BANK'S MOTION TO DISMISS COUNTERCLAIM; JMK 12/31/2009 PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES; JMK 12/31/2009 BANK'S MOTION TO STRIKE CARROLL'S DEMAND FOR JURY TRIAL; JK 12/29/2009 COUNTER-PLAINTIFF JOHN CARROLL'S MOTION TO COMPEL IN

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12/29/2009 CAMERA INSPECTION OF ATTORNEY'S BILLING RECORDS' DP 12/29/2009 AFFIDAVIT OF CORPORATE SERVICE ON: COASTAL COMMUNITY BANK; 12/29/2009 SS 12/28/2009 53A. PROOF OF SERVICE TO COASTAL COMMUNITY BANK AND MIKE 12/28/2009 BYERS ON 12/16/09; JMK 12/23/2009 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST WATERSOUND 12/23/2009 BEACH COMMUNITY ASSOCIATION INC VW 12/23/2009 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST FRANK'S CASH & 12/23/2009 CARRY, INC. VW 12/21/2009 51A. MOTION FOR DEFAULT/DEFAULT ENTERED; TP 12/21/2009 51B. COVER LETTER; JMK 12/16/2009 COVER LETTER; KDA 12/16/2009 ALIAS SUMMONS ISSUED FOR: CHAMBERS STREET BUILDERS; KDA 12/16/2009 ALIAS SUMMONS ISSUED FOR: JMB LLC; KDA 12/11/2009 SUMMONS ISSUED TO MIKE BYERS;DP 12/11/2009 SUMMONS ISSUED TO COASTAL COMMUNITY BANK; SS 12/08/2009 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S FIRST 12/08/2009 MOTION TO COMPEL DISCOVERY FROM COASTAL COMMUNITY BANK VW 12/04/2009 DEFENDANT JOHN CARROLL'S ANSWER, AFFIRMATIVE DEFENSES AND 12/04/2009 COUNTERCLAIM; SS 12/04/2009 DEFENDANT JODIE CARROLL'S ANSWER AND AFFIRMATIVE DEFENSES;SS 11/20/2009 LETTER TO CLERK FROM FRANK A BAKER ESQ; LP 11/20/2009 PLAINTIFF'S RESPONSE TO DEFENDANTS' FIRST REQUEST FOR 11/20/2009 PRODUCTION; LP 11/17/2009 PROOF OF SERVICE TO FRANK'S CASE & CARRY INC;DY 11/17/2009 PROOF OF SERVICE TO WATERSOUND BEACH COMMUNITY ASSOC.;DY 11/17/2009 PROOF OF NONSERVICE ON JMB LLC;DY 11/16/2009 ANSWER; TP 11/16/2009 LETTER TO THE CLERK DATED 11/13/09; TP 11/12/2009 FAX COPY OF LETTER TO JUDGE GREEN FROM FRANK A. BAKER, 11/12/2009 ESQ. DATED 11-04-09; SH 11/12/2009 LETTER TO JUDGE GREEN FROM FRANK A BAKER, ESQ. DATED 11/12/2009 11-3-09; SH 11/12/2009 ORDER DENYING MOTIONS TO DISMISS; SH 11/05/2009 FIRST AMENDED COMPLAINT;RS 11/05/2009 SUMMONS ISSUED TO J.M. B. LLC;RS 11/05/2009 SUMMONS ISSUED TO WATERSOUND BEACH COMMUNITY ASSOCIATION;RS 11/05/2009 SUMMONS ISSUED TO FRANKS CASH & CARRY INC.;RS 11/05/2009 AMENDED NOTICE OF LIS PENDENS;RS 10/27/2009 ORDER GRANTING TELEPHONIC HEARING;RS 10/26/2009 PLAINTIFF'S MOTION FOR ORDER GRANTING TELEPHONIC HEARING;RS 10/26/2009 NOTICE OF HEARING ON:11/03/09 AT 3:00PM;RS 10/19/2009 DEFENDANT JOHN CARROLL'S MOTION TO DISMISS FOR FAILURE TO 10/19/2009 STATE A CAUSE OF ACTION; LP 10/19/2009 DEFENDANT JODIE CARROLL'S MOTION TO DISMISS FOR FAILURE TO 10/19/2009 STATE A CAUSE OF ACTION; LP 10/19/2009 DEFENDANT JOHN CARROLL'S MOTION TO STAY PROCEEDINGS; LP 10/19/2009 DEFENDANT JODIE CARROLL'S MOTION TO STAY PROCEEDINGS; LP 10/19/2009 DEFENDANT'S (JOHN CARROLL) REQUEST FOR PRODUCTION OF 10/19/2009 DOCUMENTS TO PLAINTIFF; LP 10/19/2009 DEFENDANT'S (JODIE CARROLL) REQUEST FOR PRODUCTION OF 10/19/2009 DOCUMENTS TO PLAINTIFF; LP 10/19/2009 ANSWER BY UNITIED STATES OF AMERICA;RS

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10/09/2009 ACCEPTANCE OF SERVICE OF PROCESS FOR JOHN CARROLL;RS 09/14/2009 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST TAUNTON TRUSS, 09/14/2009 INC.; JMK 09/02/2009 RETURN OF:SERVICE FOR U.S. TREASURY SERVED 8/21/09;RS 08/27/2009 SUMMONS ISSUED TO JOHN CARROLL; PO 08/27/2009 SUMMONS ISSUED TO JODIE M CARROLL; PO 08/27/2009 RETURN OF SHERIFF'S SERVICE ON: TAUNTON TRUSS; TP 08/26/2009 NOTICE OF FILING:RETURN RECEIPOT FOR CERTIFIED MAIL;RS 08/19/2009 PROOF OF NONSERVICE ON JOHN CARROLL;DY 08/19/2009 PROOF OF NONSERVICE ON JODIE CARROLL;DY 08/19/2009 PROOF OF NONSERVICE ON CHAMBERS STREET BUILDERS;DY 08/07/2009 CIVIL COVER SHEET; PO 08/07/2009 COMPLAINT; PO 08/07/2009 NOTICE OF LIS PENDENS RECORDED; PO 08/07/2009 SUMMONS ISSUED TO JOHN CARROLL; PO 08/07/2009 SUMMONS ISSUED TO JODIE M CARROLL; PO 08/07/2009 SUMMONS ISSUED TO CHAMBERS STREET BUILDERS; PO 08/07/2009 SUMMONS ISSUED TO TAUNTON TRUSS, INC; PO 08/07/2009 SUMMONS ISSUED TO THE US DEPT OF THE TREASURY; PO

1

EXHIBIT C

I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I AD FOR WALTO COUTY, FLORIDA

CIVIL DIVISIO

CETEIAL BAK,

Plaintiff, Case o.: 09CA001577

vs.

JOH CARROLL, JODIE CARROLL,

CHAMBERS STREET BUILDERS, IC.,

TAUTO TRUSS, IC., and DEPARTMET

OF THE TREASURY ITERAL REVEUE

SERVICE, et al

Defendants.

____________________________________

JOH CARROLL,

Counter-Plaintiff

vs.

COASTAL COMMUITY BAK and

MIKE BYERS

Counter-Defendants.

____________________________________________/

DEFEDAT and COUTER-PLAITIFF JOH CARROLL’S REEWED

MOTIO TO DISMISS COASTAL and CETEIAL’S COMPLAIT

FOR LACK OF SUBJECT MATTER JURISDICTIO

Defendant and Counter-Plaintiff John Carroll (“Carroll”), pursuant to Florida

Rule of Civil Procedure 1.140(b)(1) and 1.140(h)(2) moves for an Order Dismissing

Coastal Community Bank’s (“Coastal”) and Centennial Bank’s (“Centennial”)

Complaint for lack of subject matter jurisdiction and shows:

1. This Court lacks subject matter jurisdiction to proceed. Subject matter

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jurisdiction has not been established in Coastal’s First Amended Complaint. The

jurisdictional question can be raised at any time and can never be time-barred, Florida

Rule of Civil Procedure 1.140(h)(2).

2. The First Amended Complaint fails to describe the Status of Plaintiff

insomuch as no specific facts have been alleged which determine whether or not Coastal

or Centennial are a Corporation, LLC, LLP, etc. and if so, whether or not Coastal or

Centennial is currently authorized to do business in the State of Florida.

Argument and Citations

3. Parties cannot stipulate to jurisdiction over subject matter where none

exists Cunningham v. Standard Guar. Ins. Co., 630 So 2d 179 (Fla 1994) In re D.N.H.W.,

955 So 2d 1236 (Fla 2d DCA 2007); and subject-matter jurisdiction may not be conferred

on court by consent of parties MCR Funding v. CMG Funding Corp., 771 So 2d 32, 35

(Fla 4th DCA 2000)

4. This Court has dismissed similar claims with the right to Amend the

Complaint in HSBC Bank USA, etc. v Boone, Walton County 08 CA 557 and Lasalle

Bank, etc. v. Schumacher, et al, Walton County 09 CA 247.

WHEREFORE, Carroll requests that the court enter an Order Dismissing

Plaintiff’s First Amended Complaint without Prejudice; and granting such other or

further relief as is appropriate.

3





mail this 10th day of September, 2010.


___________________________

John Carroll

Box 613524


Phone (850) 231-5616

Fax (850) 622-5618

1

EXHIBIT C



CIVIL DIVISIO

COASTAL COMMUITY BAK,


vs.





SERVICE, et al

Defendants.

____________________________________

JOH CARROLL,

Counter-Plaintiff

vs.


MIKE BYERS

Counter-Defendants.

____________________________________________/

DEFEDAT and COUTER-PLAITIFF JOH CARROLL’S

MEMORADUM I OPPOSITIO TO COASTAL COMMUITY BAK’S

MOTIO FOR SUMMARY JUDGMET

Defendant and Counter-Plaintiff John Carroll (“Carroll”), pursuant to Florida

Rule of Civil Procedure 1.510(C) moves for an Order Denying Coastal Community

Bank’s (“Coastal”) Motion for Summary Judgment for the following reasons and shows:

1. On June 30, 2010, Chief Judge Terry D. Terrell signed Administrative

Order 2010-32 creating Division “W”.

2

2. On July 1, 2010, this case was transferred to the Honorable Judge Brace.

3. Thereafter, on July 7, 2010, Coastal Community Bank filed their first

Motion for Summary Judgment.

4. Six weeks thereafter, on August 12, 2010, Frank Baker, Esq.

communicated a Motion to Substitute Party to the Honorable Judge Green (Exhibit A).

5. Seven weeks after Judge Brace became the acting Judge in the case, Judge

Green signed an Order Substituting Party from Coastal Community Bank to Centennial

Bank (Exhibit B).

6. At some point, Frank Baker, Esq. set a hearing on Coastal Community

Bank’s Motion for Summary Judgment. Thereafter, that hearing was cancelled.

7. John Carroll made his Motion to Dismiss, Motion to Compel Discovery

and Motion for in camera inspection of Mr. Baker’s billing records and filed same with

the Clerk of Courts with copies to all parties of record and Judge Brace.

8. At some point thereafter, Mr. Baker purportedly filed an Amended Motion

for Summary Judgment. On September 17 2010, Mr. Baker prepared a Notice of Hearing

setting that Amended Motion for Summary Judgment for hearing along with Carroll’s

three Motions.

9. Neither Coastal Community Bank nor Centennial Bank have filed their

alleged Amended Motion for Summary Judgment with the Clerk and as of this day,

October 14, 2010, Carroll has not received any copy of said Amended Motion.

10. Florida Rule of Civil Procedure 1.510 parts (a) and (c) are clear on the

timelines for the preparation, issuance, service and response to Motions for Summary

Judgment. There is no way that Carroll can oblige this Court or Mr. Baker with the

3

required responses as Carroll is being squeezed by the dates mandated by Rule 1.510 (c).

Neither Carroll nor the Clerk has received their copies of the Amended Motion for

Summary Judgment.

11. Carroll certainly cannot prepare a response to a Motion which is presently

undisclosed and the hearing commences in just 1 hour.

12. Suffice it to say that Carroll is the victim of fraud in this underlying action

and intends to prove same at the trial, but Carroll cannot prepare his Memo in Response

to a Motion for Summary Judgment he hasn’t seen.

WHEREFORE, Carroll requests that the court enter an Order Denying Coastal

Community Bank’s Motion for Summary Judgment; and granting such other or further

relief as is appropriate.





mail this 14th day of October, 2010.


___________________________

John Carroll

Box 613524


Phone (850) 231-5616

Fax (850) 622-5618

5

EXHIBIT B Case Progress Dockets CASE NUMBER FILE DATE CASE TYPE STATUS 662009CA001577CAXXXX [09001577CA] 08/07/2009 REAL PROP OR MORTGAGE FORECLOSURE PENDING [DEFENDANT=CARROLL, JOHN DEFENDANT=CARROLL, JODIE M. DEFENDANT=CJAMBERS STREET BUILDERS, INC. DEFENDANT=TAUNTON TRUSS, INC. DEFENDANT=DEPT OF THE TREASURY INTERNAL DEFENDANT=J.M.B. LLC DEFENDANT=UNITED STATES OF AMERICA DEFENDANT=FRANK'S CASH AND CARRY INC DEFENDANT=WATERSOUND BEACH COMMUNITY PLAINTIFF=CENTENNIAL BANK, AS SUCCESSOR ] [JUDGE=BRACE, AVERY KEITH] LAST DOCKET DATE=09/20/2010 JURY TRIAL=Yes [Court Events | Finance Info | Docket Info] ACTION DATE TEXT 09/20/2010 COVER LETTER; AZP 09/20/2010 NOTICE OF HEARING; AZP 09/16/2010 LETTER FROM MR. BAKER DATED 09/10/10; TP 09/16/2010 COPY FO COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED SECOND 09/16/2010 MOTION TO COMPEL DISCOVERY FROM COASTAL COMMUNITY BANK; TP 09/16/2010 COPY OF COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED MOTION TO 09/16/2010 COMPEL IN CAMERA INSPECTION OF ATTORNEY'S BILLING RECORDS; 09/16/2010 COPY OF DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S 09/16/2010 RENEWED MOTION TO DISMISS COASTAL AND CENTENNIAL'S 09/16/2010 COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION; TP 09/13/2010 COVER LETTER FROM FRANK A BAKER FILED 09/13/2010 NOTICE OF HEARING CANCELLATION FILED 09/13/2010 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S MOTION FOR 09/13/2010 ALTERNATE HEARING DATE; LP 09/10/2010 COVER LETTER FROM JOHN CARROLL TO FRANK BAKER; LP 09/10/2010 COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED SECOND MOTION TO 09/10/2010 COMPEL DISCOVERY FROM COASTAL COMMUNITY BANK; LP 09/10/2010 COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED MOTION TO COMPEL 09/10/2010 IN CAMERA INSPECTION OF ATTORNEY'S BILLING RECORDS; LP 09/10/2010 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S RENEWED 09/10/2010 MOTION TO DISMISS COASTAL AND CENTENNIAL'S COMPLAINT FOR 09/10/2010 LACK OF SUBJECT MATTER JURISDICTION; LP 08/20/2010 LETTER TO THE CLERK DATED 08/19/10; TP 08/20/2010 NOTICE OF HEARING ON 09/16/10 @ 2:10 PM CT; TP 08/17/2010 COVER LETTER FROM FRANK BAKER TO JUDGE GREEN; MAC 08/17/2010 ORDER SUBSTITUTING PARTY; MDB 08/16/2010 LETTER TO CLERK DATED 08/13/2010;FP 08/16/2010 MOTION TO SUBSTITUTE PARTY;FP 07/07/2010 COVER LETTER; AZP 07/07/2010 PLAINTIFF'S MOITON FOR SUMMARY JUDGMENT; AZP 07/07/2010 AFFIDAVIT IN PROOF OF CLAIM; AZP 06/02/2010 ORDER VACATING CLERK'S DEFAULT; SH 06/02/2010 COUNTER PLAINTIFF'S RESPONSE TO COUNTER-DEFENDANT'S MOTION 06/02/2010 TO VACATE DEFAULT; AMS 05/27/2010 COUNTER PLAINTIFF'S RESPONSE TO COUNTER-DEFENDANT'S MOTION 05/27/2010 TO VACATE DEFAULT; SS 05/26/2010 LETTER RETURNED UNDELIVERED BY POST OFFICE FOR: MIKE BYERS; 05/26/2010 LP 05/24/2010 COVER LETTER FROM FRANK A. BAKER:KD

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05/24/2010 PLAINTIFF'S MOTION TO VACATE IMPROVIDENT CLERKS DEFAULT:KD 05/21/2010 LETTER 05/21/2010 REPLY 05/21/2010 LETTER TO THE CLERK DATED 05/19/10; TP 05/21/2010 PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES; TP 05/21/2010 BANK'S SECOND MOTION TO STRIKE CARROLL'S RENEWED DEMAND FOR 05/21/2010 JURY TRIAL; TP 05/21/2010 BANK'S MOTION TO DISMISS AMENDED COUNTER-CLAIM; TP 05/20/2010 LETTER TO MS. ANDERSON FROM FRANK A. BAKER; AZP 05/18/2010 CLERK'S CERTIFICATE OF MAILING OF MOTION FOR DEFAULT/ 05/18/2010 DEFAULT TO COASTAL COMMUNITY BANK AND MIKE BYERS VW 05/17/2010 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST COASTAL 05/17/2010 COMMUNITY BANK AND MIKE BYERS VW 04/21/2010 DEFENDANT JOHN CARROLL'S FIRST AMENDED ANSWER, AFFIRMATIVE 04/21/2010 DEFENSES AND COUNTERCLAIM; SS 04/21/2010 DEFENDANT JODIE CARROLL'S FIRST AMENDED ANSWER AND 04/21/2010 AFFIRMATIVE DEFENSES; SS 04/20/2010 DEFENDANT JOHN CARROLL'S FIRST AMENDED ANSWER, AFFIRMATIVE 04/20/2010 DEFENSES AND COUNTERCLAIM; SS 04/20/2010 DEFENDANT JODIE CARROLL'S FIRST AMENDED ANSWER AND 04/20/2010 AFFIRMATIVE DEFENSES; SS 04/08/2010 ORDER REGARDING VARIOUS MOTIONS;DY 03/31/2010 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S MOTION TO 03/31/2010 DIMISS COASTAL'S COMPLAINT FOR LACK OF SUBJECT MATTER 03/31/2010 JURISDICTION; MAC 02/03/2010 MOTION FOR DEFAULT;TB 01/27/2010 NOTICE OF HEARING;DY 01/27/2010 COVER LETTER;DY 01/20/2010 NOTICE OF TAKING DEPOSTION DUCES TECUM STEVE COUNTS VW 01/15/2010 COVER LETTER;DY 01/15/2010 PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANTS CA 01/15/2010 RROLL;DY 01/15/2010 PLAINTIFF'S NOTICE OF SERVICE OF FIRST INTERROGATORIES TO 01/15/2010 DEFENDANTS CARROLL;DY 01/11/2010 COVER LETTER WITH ATTACHED DISK; JMK 01/11/2010 PLAINTIFF'S SUPPLEMENTAL RESPONSE TO DEFENDANTS' FIRST 01/11/2010 REQUEST FOR PRODUCTION AND REVISED PRIVILEGE LOG; JMK 01/07/2010 FAX COPY OF PLAINTIFF'S MOTION FOR ORDER GRANTING 01/07/2010 TELEPHONIC HEARING; TP 01/07/2010 ORDER GRANTING TELEPHONIC HEARING; TP 01/06/2010 64A. LETTER FROM PAMELA F. MURPHY DATED 1-4-10; SH 01/06/2010 AMENDED NOTICE OF HEARING (1-8-10 AT 10:15 AM); SH 01/06/2010 RETURN OF: NON-SERVICE FOR JMB, LLC; SH 01/06/2010 RETURN OF: NON-SERVICE FOR CHAMBERS STREET BUILDER, INC; SH 01/04/2010 ORDER GRANTING TELEPHONIC HEARING; MDB 12/31/2009 BYERS' MOTION FOR EXTENSION OF TIME;DY 12/31/2009 COVER LETTER; JMK 12/31/2009 NOTICE OF HEARING ON 1/8/10 @ 10:15 AM CT; JMK 12/31/2009 PLAINTIFF'S MOTION FOR ORDER GRANTING TELEPHONIC HEARING; JK 12/31/2009 COVER LETTER; JMK 12/31/2009 BANK'S MOTION TO DISMISS COUNTERCLAIM; JMK 12/31/2009 PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES; JMK 12/31/2009 BANK'S MOTION TO STRIKE CARROLL'S DEMAND FOR JURY TRIAL; JK 12/29/2009 COUNTER-PLAINTIFF JOHN CARROLL'S MOTION TO COMPEL IN

7

12/29/2009 CAMERA INSPECTION OF ATTORNEY'S BILLING RECORDS' DP 12/29/2009 AFFIDAVIT OF CORPORATE SERVICE ON: COASTAL COMMUNITY BANK; 12/29/2009 SS 12/28/2009 53A. PROOF OF SERVICE TO COASTAL COMMUNITY BANK AND MIKE 12/28/2009 BYERS ON 12/16/09; JMK 12/23/2009 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST WATERSOUND 12/23/2009 BEACH COMMUNITY ASSOCIATION INC VW 12/23/2009 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST FRANK'S CASH & 12/23/2009 CARRY, INC. VW 12/21/2009 51A. MOTION FOR DEFAULT/DEFAULT ENTERED; TP 12/21/2009 51B. COVER LETTER; JMK 12/16/2009 COVER LETTER; KDA 12/16/2009 ALIAS SUMMONS ISSUED FOR: CHAMBERS STREET BUILDERS; KDA 12/16/2009 ALIAS SUMMONS ISSUED FOR: JMB LLC; KDA 12/11/2009 SUMMONS ISSUED TO MIKE BYERS;DP 12/11/2009 SUMMONS ISSUED TO COASTAL COMMUNITY BANK; SS 12/08/2009 DEFENDANT AND COUNTER-PLAINTIFF JOHN CARROLL'S FIRST 12/08/2009 MOTION TO COMPEL DISCOVERY FROM COASTAL COMMUNITY BANK VW 12/04/2009 DEFENDANT JOHN CARROLL'S ANSWER, AFFIRMATIVE DEFENSES AND 12/04/2009 COUNTERCLAIM; SS 12/04/2009 DEFENDANT JODIE CARROLL'S ANSWER AND AFFIRMATIVE DEFENSES;SS 11/20/2009 LETTER TO CLERK FROM FRANK A BAKER ESQ; LP 11/20/2009 PLAINTIFF'S RESPONSE TO DEFENDANTS' FIRST REQUEST FOR 11/20/2009 PRODUCTION; LP 11/17/2009 PROOF OF SERVICE TO FRANK'S CASE & CARRY INC;DY 11/17/2009 PROOF OF SERVICE TO WATERSOUND BEACH COMMUNITY ASSOC.;DY 11/17/2009 PROOF OF NONSERVICE ON JMB LLC;DY 11/16/2009 ANSWER; TP 11/16/2009 LETTER TO THE CLERK DATED 11/13/09; TP 11/12/2009 FAX COPY OF LETTER TO JUDGE GREEN FROM FRANK A. BAKER, 11/12/2009 ESQ. DATED 11-04-09; SH 11/12/2009 LETTER TO JUDGE GREEN FROM FRANK A BAKER, ESQ. DATED 11/12/2009 11-3-09; SH 11/12/2009 ORDER DENYING MOTIONS TO DISMISS; SH 11/05/2009 FIRST AMENDED COMPLAINT;RS 11/05/2009 SUMMONS ISSUED TO J.M. B. LLC;RS 11/05/2009 SUMMONS ISSUED TO WATERSOUND BEACH COMMUNITY ASSOCIATION;RS 11/05/2009 SUMMONS ISSUED TO FRANKS CASH & CARRY INC.;RS 11/05/2009 AMENDED NOTICE OF LIS PENDENS;RS 10/27/2009 ORDER GRANTING TELEPHONIC HEARING;RS 10/26/2009 PLAINTIFF'S MOTION FOR ORDER GRANTING TELEPHONIC HEARING;RS 10/26/2009 NOTICE OF HEARING ON:11/03/09 AT 3:00PM;RS 10/19/2009 DEFENDANT JOHN CARROLL'S MOTION TO DISMISS FOR FAILURE TO 10/19/2009 STATE A CAUSE OF ACTION; LP 10/19/2009 DEFENDANT JODIE CARROLL'S MOTION TO DISMISS FOR FAILURE TO 10/19/2009 STATE A CAUSE OF ACTION; LP 10/19/2009 DEFENDANT JOHN CARROLL'S MOTION TO STAY PROCEEDINGS; LP 10/19/2009 DEFENDANT JODIE CARROLL'S MOTION TO STAY PROCEEDINGS; LP 10/19/2009 DEFENDANT'S (JOHN CARROLL) REQUEST FOR PRODUCTION OF 10/19/2009 DOCUMENTS TO PLAINTIFF; LP 10/19/2009 DEFENDANT'S (JODIE CARROLL) REQUEST FOR PRODUCTION OF 10/19/2009 DOCUMENTS TO PLAINTIFF; LP 10/19/2009 ANSWER BY UNITIED STATES OF AMERICA;RS

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10/09/2009 ACCEPTANCE OF SERVICE OF PROCESS FOR JOHN CARROLL;RS 09/14/2009 MOTION FOR DEFAULT/DEFAULT ENTERED AGAINST TAUNTON TRUSS, 09/14/2009 INC.; JMK 09/02/2009 RETURN OF:SERVICE FOR U.S. TREASURY SERVED 8/21/09;RS 08/27/2009 SUMMONS ISSUED TO JOHN CARROLL; PO 08/27/2009 SUMMONS ISSUED TO JODIE M CARROLL; PO 08/27/2009 RETURN OF SHERIFF'S SERVICE ON: TAUNTON TRUSS; TP 08/26/2009 NOTICE OF FILING:RETURN RECEIPOT FOR CERTIFIED MAIL;RS 08/19/2009 PROOF OF NONSERVICE ON JOHN CARROLL;DY 08/19/2009 PROOF OF NONSERVICE ON JODIE CARROLL;DY 08/19/2009 PROOF OF NONSERVICE ON CHAMBERS STREET BUILDERS;DY 08/07/2009 CIVIL COVER SHEET; PO 08/07/2009 COMPLAINT; PO 08/07/2009 NOTICE OF LIS PENDENS RECORDED; PO 08/07/2009 SUMMONS ISSUED TO JOHN CARROLL; PO 08/07/2009 SUMMONS ISSUED TO JODIE M CARROLL; PO 08/07/2009 SUMMONS ISSUED TO CHAMBERS STREET BUILDERS; PO 08/07/2009 SUMMONS ISSUED TO TAUNTON TRUSS, INC; PO 08/07/2009 SUMMONS ISSUED TO THE US DEPT OF THE TREASURY; PO

EXHIBIT C



CIVIL DIVISIO

COASTAL COMMUITY BAK,


vs.





SERVICE, et al

Defendants.

____________________________________

JOH CARROLL,

Counter-Plaintiff

vs.


MIKE BYERS

Counter-Defendants.

____________________________________________/

COUTER-PLAITIFF JOH CARROLL’S MOTIO TO COMPEL I�

CAMERA ISPECTIO OF ATTOREY’S BILLIG RECORDS

Counter-Plaintiff, John Carroll (“Carroll”), pursuant to Florida Rule of Civil

Procedure 1.380, respectfully moves for an Order directing Defendant Coastal

Community Bank (“Coastal”) to deliver under seal to the Court no later than January 29,

2010, records pertaining to their legal bills, expenses and dates of payment in similar

litigation to the litigation here for an in camera review by the Court. Grounds for this

Motion are presented below:

1. In this case Coastal seeks $56,992.83 which it swears it has incurred and is

obligated to pay its attorney, Frank A. Baker, Esq. as recovery of liquidated damages of

10% of the purported outstanding principal balance on a promissory note.

2. Coastal routinely complains that section 687.06, Florida Statutes (2008),

plainly entitles them an attorney’s fee amounting to ten percent of the remaining

mortgage principal. Coastal assumes that this trial court lacks discretion to reject the

contractual provision.

3. Carroll argues that Coastal uses this contractual provision in a matter that

is against Florida Statute and Case Law by using it as a negotiation tactic and profit

center for bank insiders.

4. Coastal has assured Carroll that Frank A. Baker, Esq.’s fees are far less

than the amount that they seek to collect in foreclosure actions, and that they only seek

10% of the principal amount because Florida Statute 687.06 automatically awards the

payment to the lender.

5. Coastal has been awarded the enhanced attorney’s fees provision twice in

Walton County Circuit Court in as many years. The first case, Coastal v. Shakespeare,

was settled by Summary Judgement, with a very modest case docket, in which Coastal

was awarded $30,000.00 in Attorney’s fees. The second case, Coastal v. Money, was

settled by Default Final Judgement with a case docket absent any substantial filings, and

Coastal was again awarded $30,000.00 in Attorney’s fees. It is elementary that a Default

Judgement and a Summary Judgement are very different and would cause at least some

variation in actual attorney’s fees.

6. Curiously, Coastal was awarded a Default Judgement in Coastal v.

Edwards during the same time period, with a similar principal amount claimed due and

Frank A. Baker, Esq. only billed $7,400.00 in Attorney’s fees.

7. On November 17, 2009 the 1st DCA struck down Coastal’s theory that

they are automatically entitled to profit from a Defendant’s loss, stating,

“Under Florida law, a “contract to pay attorney’s fees is a contract

for indemnity.” Sarasota Publ’g Co. v. E.C. Palmer, 135 So. 521, 521

(Fla. 1931). Such provisions are meant to indemnify a party, such as

the holder of a note and mortgage, for money spent to protect its interest.

See Brett v. First at’l Bank of Marianna, 120 So. 554 (Fla. 1929). Such

a provision is not designed to allow the “mortgagee [to] recover from the

mortgagor for solicitor’s fees a sum in excess of the amount which the

former has paid . . . to his solicitor.”

8. If this case is not settled by the parties, an in camera review of these

records by the Court may be decisive in the Court’s resolution of this case and critical to

Carroll’s Appellate review. See, e.g., Times Publishing Co. v. City of St. Petersburg, 558

So. 2d 487 (Fla. 2d DCA 2002) (failure to make records inspected in camera by the trial

court part of the record on appeal prevented review of the trial court’s findings that the

records were not relevant).

9. Coastal will undoubtedly object to Carroll’s discovery request, as they

have in the past, pursuant some theory of attorney client privilege and therefore, “an in

camera inspection of assertedly exempt records is generally the only way for a trial court

to determine whether or not a claim of exemption applies.” Garrison v. Bailey, 4 So. 3d,

683 684 (Florida 1st DCA 2009)

10. Accordingly, on Carroll’s behalf, the Court should direct Coastal to

deliver to the Court, under seal, all attorney billing and payments received original

documents in the following cases in which Coastal sought and was awarded attorney’s

fees of 10% of the outstanding principal balance to verify that Coastal actually paid Frank

A. Baker, Esq. the amount awarded:

Walton County Circuit Case 07CA676 Walton County Circuit Case 08CA1956 Bay County Circuit Case 08CA1070 Bay County Circuit Case 07CA4151 Bay County Circuit Case 07CA1331 Bay County Circuit Case 07CA174 Wherefore, Carroll respectfully requests that this Court grant this Motion and direct Coastal to deliver, under seal, to the Court the records no later than January 29, 2010 so the Court may inspect, analyze and review the records in camera to verify Carroll’s claims and enter the Court’s findings as evidence. 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 Frank M. 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 24th day of December, 2009.

Respectfully submitted, ___________________________

John Carroll Box 613524 WaterSound, FL 32461 Phone (850) 231-5616 Fax (850) 622-5618

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CCB-Carroll000069

motion for judicial disqualification

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