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I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT


I AD FOR WALTO COUTY, FLORIDA
CIVIL DIVISIO

COASTAL COMMUITY 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.

____________________________________________/

COUTER-PLAITIFF JOH CARROLLS
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. Bakers 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 Carrolls 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
Centennials Amended Motion for Summary Judgment because it was never filed.
10. Prior to the hearing on Centennials Amended Motion for Summary






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Judgment and Carrolls (3) Motions, Carroll filed a Memorandum in Opposition to the
hearing on Centennials 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 Centennials Counsel, and a Motion to
Dismiss Centennials 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 couldnt without Centennials 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 Coastals Motion;
d) Judge Brace could have afforded Carroll a continuance to allow Carroll
to serve his Memorandum in Opposition to Coastals 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 Coastals 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 Centennials new Motion for Summary Judgment, and
therefore in violation of Florida Rule of Civil Procedure 1.510. Judge Braces 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 Braces Judicial Assistant that he had (3)
outstanding Motions waiting to be heard.
17. Despite all of the forgoing, Judge Brace has scheduled Centennials
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 Courts own
initiative if the Court feels that it would violate a judicial cannon by continuing to preside






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over the Carrolls 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-
Plaintiffs 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 Carrolls
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 }
COUTY 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








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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 CARROLLS REEWED
MOTIO TO DISMISS COASTAL and CETEIALS 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 Banks (Coastal) and Centennial Banks (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 Coastals 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
Plaintiffs First Amended Complaint without Prejudice; and granting such other or
further relief as is appropriate.













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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 10th day of September, 2010.

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






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EXHIBIT C
I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
I AD FOR WALTO COUTY, FLORIDA
CIVIL DIVISIO

COASTAL COMMUITY 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 CARROLLS
MEMORADUM I OPPOSITIO TO COASTAL COMMUITY BAKS
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
Banks (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.






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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 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
Banks 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. Bakers 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 Carrolls
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






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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 hasnt seen.

WHEREFORE, Carroll requests that the court enter an Order Denying Coastal
Community Banks Motion for Summary Judgment; and granting such other or further
relief as is appropriate.


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 14th day of October, 2010.

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









4









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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






6
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






8
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
I THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
I AD FOR WALTO COUTY, FLORIDA
CIVIL DIVISIO

COASTAL COMMUITY 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.

____________________________________________/

COUTER-PLAITIFF JOH CARROLLS MOTIO TO COMPEL I
CAMERA ISPECTIO OF ATTOREYS 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 attorneys 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 attorneys 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 Attorneys 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 Attorneys fees. It is elementary that a Default
Judgement and a Summary Judgement are very different and would cause at least some
variation in actual attorneys 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 Attorneys fees.
7. On November 17, 2009 the 1
st
DCA struck down Coastals theory that
they are automatically entitled to profit from a Defendants loss, stating,
Under Florida law, a contract to pay attorneys fees is a contract
for indemnity. Sarasota Publg 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 atl Bank of Marianna, 120 So. 554 (Fla. 1929). Such
a provision is not designed to allow the mortgagee [to] recover from the
mortgagor for solicitors 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 Courts resolution of this case and critical to
Carrolls 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 courts findings that the
records were not relevant).
9. Coastal will undoubtedly object to Carrolls 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 1
st
DCA 2009)
10. Accordingly, on Carrolls 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 attorneys
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
Carrolls claims and enter the Courts 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 24
th
day of December, 2009.

Respectfully submitted, ___________________________
John Carroll
Box 613524
WaterSound, FL 32461
Phone (850) 231-5616
Fax (850) 622-5618
IN THE CIRCUIT COURT OF THE FIRST 1UDICIAL CIRCUIT
IN AND FOR WALTON COUNTY, FLORIDA
CIVIL DIVISION

COASTAL COMMUNITY BANK,

Plaintiff, Case No.: 09CA001577
vs.

1OHN CARROLL, 1ODIE CARROLL,
CHAMBERS STREET BUILDERS, INC.,
TAUNTON TRUSS, INC., and DEPARTMENT
OF THE TREASURY INTERNAL REVENUE
SERVICE, et al

Defendants.


1OHN CARROLL,

Counter-Plaintiff

vs.

COASTAL COMMUNITY BANK and
MIKE BYERS

Counter-Defendants.

/

DEFENDANT and COUNTER-PLAINTIFF 1OHN CARROLL`S
MOTION FOR REHEARING

COMES NOW COUNTER PLAINTIFF, pursuant Florida Rules oI Civil Procedure


1.530 and states:
1. On October 14, 2010 the Court heard PlaintiII`s Motion Ior Summary
Judgment over the objection oI John Carroll who was not served with Centennial`s
Motion Ior Summary Judgment (nor was the Court served with Centennials Motion).
2. Counsel Ior Centennial decided during the hearing to Iorgo Centennial`s
Motion Ior Summary Judgment and ride on Coastal`s Motion Ior Summary Judgment
instead.
3. Carroll knew, and knows, that Coastal`s Motion Ior Summary Judgment
could not issue because oI unresolved material issues to be resolved at trial, but Carroll
also knew that he was not required to provide a Memorandum in Opposition to Coastal`s
Motion, because Coastal was closed by the FDIC long beIore the hearing on the Motion
Ior Summary Judgment.
4. Carroll intended to Iile a Memorandum in Opposition to Centennial`s
Motion Ior Summary Judgment, as soon as it was Iiled, but Centennial never Iiled their
Motion, despite the Iact that he Notice oI Hearing said they had.
5. Even this Honorable Court had no idea prior to the hearing that the parties
would not be arguing Centennial`s Motion.
6. The simple Iact oI the matter is, the loan that Centennial now argues to
Ioreclose was modiIied and replaced by a new loan, with a new balance, new terms,
construction Iinancing and new account number. (Exhibit A)
7. It is elementary that Centennial cannot Ioreclose on a loan that is extinct
and has been replaced by a new loan.
WHEREFORE, Carroll requests:
A) RelieI Irom the Order granting the partial Iinal summary judgment.
B) A belated re-hearing on the Motion Ior Partial Final Summary Judgment so
that this Court can hear Irom the Counter PlaintiII and the Internal Revenue Service on
the terms and conditions oI the true loan in place.
C) All Iurther relieI deemed appropriate by this Court.
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy oI the Ioregoing was Iorwarded to Frank A.
Baker, Esq., 4431 LaIayette Street, Marianna, FL. 32446, counsel Ior Coastal, and to Paul
Alan Sprowls, Asst. U.S. Attorney, 111 North Adams Street, Tallahassee, FL 32301,
counsel Ior the IRS, and to Taunton Truss, Inc., in care oI Abigail J. Taunton, 702 N.
Highway 71, Wewahitchka, FL 32465, and to Franks Cash & Carry, Inc. in care oI
FrankM. 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 Ior
WaterSound by regular mail this 31st day oI January, 2011 and by original service oI
process on Mike Byers.

BBBBBBBBBBBBBBBBBBBBBBBBBBBBB
John P. Carroll
Box 613524
WaterSound, FL 32461
Tel: (850)231-5616
Fax: (850)622-5618
CCB-Carroll000069

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