IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al.,

Plaintiffs,

vs. Clerk’s Case Number: 09 02617CC

DR. JORG BUSSE [“BUSSE, J. R.”], et al.

__________________________________________________________________________/

MOTION FOR DEF. E. C. TURNER’S RECUSAL/DISQUALIFICATION

UNDER § 38.10, FLA. STAT., CANON 3E(1), AND FLA. R. JUD. ADMIN. 2.330

MEMORANDUM AS TO RECUSAL

FRAUDULENT JUDICIAL CONCEALMENT OF FICTITIOUS debt, O.R. 330/466, ff

1. Defendant Judge Eugene Turner knew and fraudulently concealed that there was

a. No debt;
b. No “contract” for the fraudulently pretended obligation to pay “$1,500.00”;
c. No breach of any contract.

Here, there was an unfounded and facially fraudulent foreclosure action as supported by

the agreement and/or contract of record, O.R. 330 / 466, ff.

OBJECTIONS, NON-CONSENT, AND DIRECT ATTACK OF FRAUD SCHEME

2. Here, Defendant Turner knew and concealed that Dr. Jorg Busse was

a. Never served;
b. Had attacked the record fraud scheme;
c. Had demanded judicial notice of the applicable Florida Statutes, and file, Ch. 92, F.S.;
d. Objected to any hearing, because this Court has no jurisdiction;
e. Objected to any and all magistrates;
f. Objected to any and all magistrate hearings.
 RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

3. Said Rule stated:

(a) Application. This rule applies only to county and circuit judges in all matters in
all divisions of court.

(b) Parties. Any party, including the state, may move to disqualify the trial judge
assigned to the case on grounds provided by rule, by statute, or by the Code of
Judicial Conduct.

(c) Motion. A motion to disqualify shall:

(1) be in writing;
(2) allege specifically the facts and reasons upon which the movant relies as the
grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by a separate
affidavit;”

SECTION 38.10, FLA. STAT.

4. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that

“he or she will not receive a fair trial . . . on account of the prejudice of the judge of that

court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of

Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party

fears that he or she will not receive a fair trial or hearing because of specifically described

prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330.

5. S. 38.10, Fla. Stat., stated:

38.10 Disqualification of judge for prejudice; application; affidavits; etc.--

Whenever a party to any action or proceeding makes and files an affidavit stating fear
that he or she will not receive a fair trial in the court where the suit is pending on
account of the prejudice of the judge of that court against the applicant or in favor of
the adverse party, the judge shall proceed no further, but another judge shall be
designated in the manner prescribed by the laws of this state for the substitution of
judges for the trial of causes in which the presiding judge is disqualified.

6. Here, Dr. Jorg Busse has been “stating fear that he will not receive a fair trial in the court

where the suit is pending on account of the prejudice of the judge of that court [Eugene C.

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 Turner] against the applicant. Here, objectively biased and bribed Judge Eugene C. Turner

“shall proceed no further, but another judge shall be designated in the manner prescribed by

the laws of this state for the substitution of judges for the trial of causes in which the

presiding judge is disqualified.”

DR. BUSSE’S RIGHT TO APPEAL

7. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to

appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783, at

*26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to

disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by

Florida Rule of Judicial Administration 2.330. Here, Dr. Busse’s motion to disqualify

Defendant objectively partial Judge Turner is citing § 38.10 and Rule 2.330, as well as

Canon 3E(1).

8. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the

same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the

court cited the Canon’s requirement that a judge disqualify himself when his “impartiality

might reasonably be questioned” and concluded that it was “totally consistent” with Florida

case law applying § 38.10. Id. Both require disqualification when a party can show “a well

grounded fear that he will not receive a fair trial at the hands of the judge.” Id. (quoting State

ex rel. Brown v. Dewell, 179 So. 695, 697-98 (Fla. 1938)); see also Berry v. Berry, 765 So.

2d 855, 857 (Fla. 5th DCA 2000) (quoting Canon 3E(1) when describing the standard for

granting a motion under § 38.10). Here of course, this Court was bound to follow Florida

appellate court decisions interpreting that state’s law. The final arbiter of state law is the

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 state Supreme Court, which is another way of saying that Florida law is what the Florida

Supreme Court says it is.

CANON(S) 3E(1), 3E(1)(f), FLORIDA CODE OF JUDICIAL CONDUCT

9. The Florida Supreme Court has adopted a Code of Judicial Conduct to govern the actions

of state court judges and candidates for judicial office. Canon 3E(1) states, e.g.:

(1) A judge shall disqualify himself or herself in a proceeding in which the judge’s
impartiality might reasonably be questioned, including but not limited to instances
where …

10. Those provisions address situations in which a judge must disqualify himself because his

“impartiality might reasonably be questioned,” including when he has “made a public

statement that commits, or appears to commit, the judge with respect to” a particular party,

issue, or controversy. Canon 3E(1) [general disqualification provision in Canon 3E(1)],

3E(1)(f) [“commits clause” at Canon 3E(1)(f)].

11. Canon 3E(1), backed by the threat of a disciplinary proceeding, requires a judge to

disqualify himself if his “impartiality might reasonably be questioned.” Fla. Stat. § 38.10,

supplemented by Rule 2.330, allows a party to have a judge disqualified for the same reason.

12. Canon 3E(1)(f), which the Florida Supreme Court adopted in January 2006, covers one area

in which a judge’s “impartiality might reasonably be questioned.” See In re Amendment to

Code of Judicial Conduct, 918 So. 2d 949 (Fla. 2006). In addition to the Florida Supreme

Court, the Judicial Ethics Advisory Committee (Ethics Committee) and the Judicial

Qualifications Commission (JQC) have roles in administering the Code. The Florida

Supreme Court established the Ethics Committee “to render written advisory opinions to

inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.”

Petition of Comm. on Standards of Conduct for Judges, 327 So. 2d 5, 5 (Fla. 1976).

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13. Canon 3E is enforced by the Judicial Qualifications Commission, which has the authority

to bring disciplinary charges against a judge.

SPECIFIC ALLEGATIONS – WELL-GROUNDED FEARS

14. Here, Dr. Jorg Busse has been specifically alleging the following facts and reasons upon

which the movant relies as the grounds for Defendant County Judge Eugene Turner’s

disqualification. Here, Dr. Busse had well grounded fears that he will not receive a fair

trial at the hands of Defendant objectively partial and bribed County Judge Eugene C.

Turner.

15. Defendant Turner is a named party Defendant. See summons, service on file.

16. Defendant Turner had a conflict of interest, because Turner had invested in bankrupt

Orion Bank, which collected money for the purported Plaintiff Association.

17. In violation of the governing documents, no audits were conducted. Here, Defendant Turner

knew and concealed that the fictitious expenses and/or assessments had been falsified.

18. The governing documents did not authorize the Plaintiff Association to “assess” more than

105% …:

“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in
writing by apartment owners …”

See O.R. 330, Page 498, 6. Fiscal Management, 6.2. Assessments …

Here, there had been no “approval in writing” and the association falsified “assessments”.

19. Here, Defendant Turner knew and concealed that pursuant to the Governing Association

Documents Dr. Busse had satisfactorily paid his 1/12 share of the actual and necessary

common expenses in full as publicly recorded.

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20. In violation of the governing documents, the Association President, Julia N. Jackson, owned

more than the allowed one (1) unit. Here, Jackson owned three (3) association “apartments”.

See deeds on file.

21. In violation of the governing documents, the Association President, Julia N. Jackson, was in

California and did not attend association meetings.

BRIBERY WAS ILLEGAL

22. Here, it was unlawful for any Judge to accept bribes.

23. Here, Defendant Judge Turner knew and fraudulently concealed that no audit had been

furnished to each member and Dr. Jorg Busse pursuant to the Governing Association

Documents, Exhibit: OR 330 Page 499, Collier County Public Records.

“6.7 An audit of the accounts of the Association shall be made annually by a certified
public accountant…”

RETALIATION AND EXTORTION WERE ILLEGAL

24. Retaliation and extortion were illegal. For years, Dr. Busse had proven record violations

by the purported Plaintiff Association.

ASSOCIATION VIOLATIONS OF RECORD

OFFICIAL RECORDS 330 PG 498, 499, 500, 472; 1517 PG 2165;

2922 PG 1364; 3950 PG 3899; 3950 PG 3900,

COLLIER COUNTY PUBLIC RECORDS,

25. Attached are said Collier County Public Records in support of the publicly record violations

of the governing documents of purported Plaintiff, Granada Condominium Homes

Association, Inc. See, e.g., O.R. 1517, Page 2165, and O.R. 330, Pages 498, 472.

CONTESTED “lien”, VIOLATIONS OF GOVERNING DOCUMENTS

26. Dr. Jorg Busse had contested the association’s fraudulent lien and/or claim.

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27. Again, Dr. Jorg Busse gives notice of contest of the association’s unauthorized and

fraudulent lien.

NO “authority to file a record of lien”

28. § 720.3085, Fla. Stat. expressly states:

“(4) A homeowners' association may not file a record of lien against a parcel for
unpaid assessments unless a written notice or demand for past due assessments as
well as any other amounts owed to the association pursuant to its governing
documents has been made by the association. The written notice or demand must …”

Here, “pursuant to its governing documents”, Dr. Jorg Busse had owed absolutely nothing to

the association. No “written notice or demand for” any “amounts owed to the association

pursuant to its governing documents” has been made by the association. Here, the association

had no “authority to file a record of lien” under Florida law.

FALSIFICATION OF “expenses” and “assessments”

29. The purported Plaintiff and Plaintiff’s Attorneys falsified expenses and/or assessments. See,

e.g., attached O.R. 330, Pages 498, 472, Collier County Public Records.

30. The governing documents did not authorize the Plaintiff association to “assess” more than

105% …:

“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in
writing by apartment owners …”

See O.R. 330, Page 498, 6. Fiscal Management, 6.2. Assessments …

Here, there had been no “approval in writing” and the association falsified “assessments”.

LACK OF AUTHORITY UNDER THE GOVERNING DOCUMENTS, § 720.3085, F.S.

31. § 720.3085, Fla. Stat. (Payment for assessments; lien claims), states:

(1) When authorized by the governing documents, the association …

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 Here, the “governing documents” did not “authorize” “the association” to defraud Dr. Jorg

Busse. Id. Here in particular, the governing documents did not authorize the association to

extort, and violate said Section 6, OR 330 Page 498. As a matter of law, the fraudulent lien

was null and void. See pleadings on file; see publicly recorded assessment payment records,

Dr. Jorg Busse; Bank of America, et. al.

PRIMA FACIE UNAUTHORIZED AND FRAUDULENT “lien”, § 720.3085, F.S.

32. Here without authorization, the association purported to have filed “instrument” 4285498,

OR 4445 PG 1665.

33. Here, Dr. Jorg Busse had made satisfactory payment in full. In particular, the association

knew and fraudulently concealed that Dr. Jorg Busse had made satisfactory payment in

full. See Google Blog Sites.

MOTION TO DECLARE PROCEEDINGS FRAUDULENT & UNAUTHORIZED

34. Dr. Busse had moved this Court to declare the proceedings fraudulent and unauthorized.

AFFIDAVIT OF PROTECTED HOMESTEADED NAPLES PROPERTY

35. This Court knew that

a. Dr. Jorg Busse’s record homesteaded property was protected;

b. The purported “Plaintiff” did not hold any legitimate and genuine lien on Dr. Busse’s

homesteaded Naples real property of record;

c. There was no “debt” pursuant to Dr. Busse’s publicly recorded payment records and the

“governing documents”.

EMERGENCY MOTION FOR INDEPENDENT ACCOUNTING AND AUDIT

36. Defendant Eugene C. Turner, an investor in bankrupt Orion Bank, knew that Defendant

Judicial Officers Chene M. Thompson and Richard DeBoest, II, fraudulently pretended a

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 falsified lien, which had been conclusively controverted by the publicly recorded payment

records on file.

DEMAND FOR INDEPENDENT AUDIT AND ACCOUNTING

37. Here, Federal Defendant Eugene C. Turner had conflicts of interest and refused to recuse

himself even though Turner had invested in failed Orion Bank, which had managed the

purported Plaintiff’s money receipts prior to its bankruptcy.

38. Therefore, Dr. Jorg Busse demands an independent audit and accounting of any and all of

purported Plaintiff’s transactions under Florida law, and Ch. 718, Fla. Stat.

ONGOING THREATS & INTIMIDATION

39. Process server Nicholas Krancher, ID # 157188, was arrested on February 9, 2008.

40. The Twentieth Judicial Circuit Certified Civil Process Server Review Board, 2072 Victoria

Ave., Ft. Myers, FL 33901, has been monitoring Defendant process server Nicholas

Krancher.

COMPLAINT AGAINST NICHOLAS KRANCHER

41. Dr. Jorg Busse complained about troubled process server Nicholas Krancher with the

Twentieth Judicial Circuit Certified Civil Process Server Review Board.

DEFENDANT KRANCHER PERJURED HIMSELF

42. Troubled process server Nicholas Krancher never served Dr. Jorg Busse with any summons

and/or complaint. Defendant Nicholas Krancher had perjured himself and falsified

official documents. Here, Defendant Krancher knew that Dr. Jorg Busse had not been

served.

FRAUDULENT PRETENSES

43. Defendant Krancher fraudulently pretended attempted service at the Naples Courthouse.

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44. Defendant Krancher could not have possibly attempted any service at said Courthouse.

45. Dr. Jorg Busse has not been any served party Defendant.

46. Defendant Krancher pretends to work for:

Sherman & Associates, LLC

62575 Cleveland Ave., 2nd Floor
Fort Myers, FL 33901
(239) 437-9600
shermanpi@juno.com

DEFENDANT KRANCHER’S HISTORY OF DRUG/ALCOHOL ABUSE

47. Based on the public record evidence, troubled Nicholas Krancher was arrested and has a

history of drug and/or alcohol abuse.

48. Defendant Krancher perjured himself for criminal and illegal purposes on the public

record.

49. Dr. Jorg Busse lives in reasonable fear of further unlawful acts by Defendant Nicholas

Krancher and Krancher’s intent to further injure Dr. Jorg Busse.

EMERGENCY OF FURTHER INJURY

50. Defendant N. Krancher poses a threat. Dr. Jorg Busse has a Constitutional right to be free

of said intimidation, threats, perjury, and harassment.

SUMMONS, SERVICE, CHENE M. THOMPSON

51. Dr. Jorg Busse is suing Defendant Chene M. Thompson, a judicial officer, in Federal Court.

NO service – NO jurisdiction

52. Pursuant to the record, Dr. Jorg Busse was not served and did not submit to any jurisdiction.

NO debt – NO lien

53. Defendant Thompson knew that no debt had existed in this facially fraudulent action. Here,

nothing could have possibly become any lien on Dr. Jorg Busse’s record property.

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 BANKRUPT ORION BANK – DEF. INVESTOR EUGENE C. TURNER

54. Orion Bank, the purported “Plaintiff’s” failed agent went bankrupt, and Defendant E. C.

Turner had invested in failed Orion Bank.

55. Prevention of publicly recorded foreclosure fraud is a top-ranking public agenda and an

EMERGENCY.

WHEREFORE, Dr. Busse demands

1. An EMERGENCY Order recusing and/or disqualifying objectively partial Defendant

Judge Turner under said Rules and Memorandum;

2. An Order declaring the falsified proceedings fraudulent and unauthorized under said

Chapter 720, F.S., and the Governing Documents of said association;

3. An Order for said independent audit and accounting pursuant to Florida law;

4. An EMERGENCY Order restraining Defendant Nicholas Krancher from any further

intimidation of and threats against Dr. Jorg Busse;

5. An EMERGENCY Order restraining Defendant Nicholas Krancher from any service upon

Dr. Jorg Busse;

6. An EMERGENCY Order restraining Defendant Nicholas Krancher from any further

perjury;

7. An EMERGENCY Order enjoining said perjury and fraud on the Court;

8. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because it was

procured through perjury and fraud an on its face fraudulent;

9. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because it

violated Florida’s Rules of Civil Procedure;

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10. An Order compelling Eugene C. Turner to SHOW CAUSE why Defendants’ facially

frivolous and illegal claims should not be summarily dismissed as supported by the

Affidavits and Public Record evidence on file;

11. An Order compelling Eugene C. Turner to SHOW CAUSE why his “orders” and “rulings”

were not on their faces irrational, arbitrary, capricious, and null & void as evidenced by

the public record evidence, Affidavits, and Dr. Busse’s payment records on file.

12. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene

C. Turner, because he was so impaired that he could not perform the essential duties of a

judge in his shoes in this Case;

13. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene

C. Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s

shoes could have possibly determined Dr. Busse’s “liability” without first obtaining the

absolutely required “common expenses” [denominator in said fraction];

14. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene

C. Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s

shoes could have possibly refused to give full credit to the record evidence of payments by

Dr. Busse to the Plaintiff Association;

15. An Order compelling said Judicial Officer Turner and the Court to show good cause why

said judicial Officer was not impaired and not objectively partial;

16. An Order compelling said Judicial Officer Turner and the Court to show good cause why

said judicial Officer must not be disqualified under the Rules and based upon the conclusive

evidence of Dr. Busse’s payments to the Association on file in this and the related Case;

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17. An Order compelling said Judicial Officer Turner and the Court to show good cause why

said judicial Officer did not conceal that Dr. Busse was NEVER served;

18. An Order compelling the Plaintiff to disclose and produce the Association’s “common

expense” records as required by law;

19. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”

records as required by law [see, e.g., Ch. 718];

20. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said

Official Records, By-Laws, and conclusive evidence on file;

21. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;

22. An Order for service of a notice of hearing upon Dr. Busse under said Rules;

23. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s

record title free and clear;

24. An Order declaring any and all unapproved assessments null and void under said By-Laws

and Public Records;

25. An Order compelling the Association to disclose any and all accounting and other records

since 2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in

particular the records of said failed and/or defunct Association agents;

26. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie

perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law

Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when

Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.

27. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,

and Declaration of Condominium.

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 CERTIFICATE OF SERVICE AND PUBLICATIONS

I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to
the Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record,
Platinum Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center
Way, Suite 102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D.
DeBoest, II, Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901,
and to reassigned Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples,
FL 34112, on this 3rd day of September, 2010. The pleading is also being published worldwide.
See, e.g., www.scribd.com, www.google.com.

/s/Jorg R. Busse, M.D., M.M., M.B.A.

SIGNATURE, State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker
P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074

CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.

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 AFFIDAVIT OF DR. JORG BUSSE

STATE CERTIFIED RESIDENTIAL APPRAISER, REAL ESTATE BROKER

STATE OF FLORIDA

BEFORE ME, the undersigned authority authorized to administer oaths and take

acknowledgments, personally appeared Dr. Jorg Busse, and who, after first being duly sworn,

deposes and says upon oath the foregoing and Complaint in U.S. District Court, UNITED

STATES OF AMERICA, Ex Rel. et al. v. UNITED STATES OF AMERICA et al., against

Defendant bribed Collier County Judge Eugene C. Turner.

FURTHER AFFIANT SAYETH NAUGHT.

__________________________

/s/JORG BUSSE, M.D., M.M., M.B.A.

Sworn to and subscribed before me on the ___ day of August, 2010.

Name of Notary Public:

Expiration of Commission:

__________________

/s/Notary Public

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 PUBLICATIONS:

http://www.scribd.com/eugene_C_turner

http://www.scribd.com/doc/35732834/Granada-Condo-Homes-Association-
Inc-Fraud

http://www.scribd/Foreclosure_Fraud

http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-
Complaint

http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-
ASSOCIATION-FRAUD-GOV-DOCUMENTS

http://www.scribd.com/doc/35727913/38-10-DISQUALIFICATION-OF-
JUDGE-Florida-Statutes

http://www.scribd.com/doc/35727611/Eugene-C-Turner-Disqualification

http://www.scribd.com/doc/35692445/Motion-for-Recusal-of-Def-Eugene-C-Turner

http://www.scribd/Foreclosure_Fraud

http://www.scribd.com/doc/35611989/Eugene-C-Turner-Florida-Bar-
Complaint

http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-
ASSOCIATION-FRAUD-GOV-DOCUMENTS

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