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NOTICE OF APPEAL FROM FACIALLY FRAUDULENT “order”, DOC.

# 22,
ORGANIZED GOVERNMENT CRIME & CORRUPTION, RACKETEERING,
RETALIATION, OBSTRUCTION OF JUSTICE, FRAUD, DEPRIVATIONS

NOTICE OF APPEAL FROM FRAUDULENT “order” [DOC. # 22] & RACKETEERING


1. The Plaintiff unimpeachable record owners of and holders of indisputable
unencumbered title to Lot 15A, Cayo Costa, S-T-R-A-P 12-44-20-01-00015.015A, hereby
appeal from the publicly recorded prima facie Government racketeering and extortion of
“$5,048.60” and/or “$5,000.00” and their accreted riparian Gulf-front Lot 15A [by criminal
means of Doc. # 22] as perfectly conveyed and legally described, Plaintiffs’ publicly
recorded WARRANTY DEED, INSTR 4450927, Collier County Public Records, INSTR
2010000171344, Lee County Public Records, 2 pages:

“… Lot 15A, private undedicated residential Cayo Costa Subdivision, as recorded


and legally described in Plat Book 3, Page 25 (1912), Public Records of Lee County,
Florida, U.S.A.

Property I.D./S.T.R.A.P.: 12-44-20-01-00015.015A


[“A” for “Accreted”; see PB 1, PP. 48, 51, 52]

TOGETHER with all the tenements, hereditaments, appurtenances, publicly


recorded natural accretions and riparian rights thereto belonging or in anywise
appertaining.

GRANTORS further warrant the within described riparian accreted Gulf-front


property is not presently homestead property and that the Grantors’ legal address is:
Post Office Box 7561, Naples, FL 34101-7561.

TO HAVE AND TO HOLD the same in fee simple forever.

AND the Grantors hereby covenant with said Grantees that the Grantors are lawfully
seized of said riparian upland and adjoining riparian street land on the Gulf of
Mexico in fee simple; that the Grantors have good right and lawful authority to sell
and convey said riparian Gulf-front upland and street land on said Gulf as legally
described in reference to said private 1912 Subdivision Plat; that the Grantors
hereby fully warrant the unimpeachable record title to said riparian accreted street and
up-lands on the Gulf of Mexico and pursuant to the Lee County, State of Florida, and
Federal Public Records have defended and will defend their marketable record title
against the lawful and unlawful claims of all persons whomsoever, and in particular,
against the prima facie unlawful and criminal claims of Lee County, the State of
Florida, and the United States of America, and their corrupt Agents, Officials of
record, and the Defendants in their private individual capacities of record such as,
e.g., Joel F. Dubina, Charlene E. Honeywell, Sheri Polster Chappell, Gerald B.
Tjoflat, John E. Steele, Stanley F. Birch, Jr., Tony West; and that said accreted
riparian street and up-lands on the Gulf of Mexico are free of any legitimate and valid
encumbrances and/or judgments, except taxes accruing subsequent to December 31,
2010; zoning, building code and other restrictions legitimately imposed by lawful
governmental authority; outstanding oil, gas, mineral, and or any other interests of
record, if any; and private riparian water-front easements of record, restrictions, if
any, and unimpeachable private implied street and alley easements of record as
conveyed in reference to said 1912 Plat.”

NOTICE OF APPEAL FROM CORRUPT JUDGE MOODY’S ORDER, DOC. # 22


2. The Plaintiff unimpeachable record owners of Lot 15A, Cayo Costa, S-T-R-A-P 12-
44-20-01-00015.015A, hereby appeal from the publicly recorded prima facie organized
Government crime, corruption, racketeering, extortion, retaliation, obstruction of
justice, fraud, fraud on the Court, deliberate deprivations, et al., “Doc. # 22, filed
07/27/2010”, by Defendant U.S. Judge and Racketeer James S. Moody, Jr.
3. Under fraudulent pretenses of a facially idiotic and incomprehensible “claim as
public land” and fictitious “$5,000 sanctions”, Doc. # 22, Defendant Racketeer Moody
conspired to extort Lot 15A and money from the Plaintiff unimpeachable record owners
of Lot 15A, Cayo Costa.
DEF. MOODY’S RECORD “TIRADE” AGAINST PUBLIC CORRUPTION VICTIMS
4. This corrupt Court’s latest “order”, Doc. # 22, “in this case is not so much” an order “as
it is a free-flowing, stream-of-consciousness tirade against” Plaintiff whistle-blowers and
victims of Government corruption and racketeering under fraudulent pretenses of the
publicly recorded “involuntary-alienation-by-fake-legislative-act-extortion scheme”, “O.R.
569/875”.
PRIMA FACIE INCOMPREHENSIBILITY OF IDIOTIC “order” and “claim”, DOC. # 22
5. The law did not recognize the facially incomprehensible and absurd “claim as public
land”, Doc. # 22. See Ch. 73, 74, EMINENT DOMAIN; 95, ADVERSE POSSESSION, 712,
FLORIDA’S MARKETABLE RECORD TITLE ACT, Florida Statutes.
6. Here, the public perception of “judicial fraud and corruption” by Defendant
Dishonorable Officials Charlene Edwards Honeywell and Def. Dishonorable John Edwin
Steele were the inescapable and indisputable conclusions of any reasonable person in
Defendant Moody’s shoes.
7. Here, no reasonable and intelligent person in Def. Moody’s shoes could have possibly
determined that the fake “resolution/legislative act” and “$5,000 sanctions” Government
scams were not prima facie extortion and fraud schemes in violation of Florida Statutes,
Constitution, and law.
JUDICIAL NOTICE OF PLAINTIFFS’ PUBLICLY RECORDED PERFECTED TITLE
8. § 90.201 (1), Fla. Stat., states:

Matters which must be judicially noticed.


A court shall take judicial notice of:
(1) Decisional, constitutional, and public statutory law and resolutions of the Florida
Legislature and the Congress of the United States.

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Here, the U.S. Courts shall take judicial notice of Chapter 712, Florida Statutes, Florida’s
self-enforcing Marketable Record Title Act. Here as a matter of law, Chapter 712, Florida
Statutes, governed supremely and superseded the facially falsified and forged
“resolution”, scam “O.R. 569/875”. Here, Defendants Lee County, FL, had no authority to
pervert Florida law.
JUDICIAL NOTICE OF IMPOSSIBILITY OF involuntary alienation by “resolution”
9. Here, the U.S. Courts shall take judicial notice of Chapters 73, 74, EMINENT DOMAIN,
and 95, ADVERSE POSSESSION. Here as a matter of law, said Statutory Chapters governed
supremely and superseded the facially falsified and forged “adoption”-“resolution”-scam
“O.R. 569/875”. Here, the Government Defendants and Officials had no authority to pervert
Florida law.
EXPRESS FLORIDA STATUTORY PROHIBITIONS, CH. 73, 74, 95, FLA. STAT.
10. Here, Florida Statutes, law, and Constitution expressly prohibited any and all
involuntary alienation. See, e.g., Ch. 73, 74, EMINENT DOMAIN; Ch. 95, ADVERSE
POSSESSION. Any involuntary alienation would have strictly and necessarily been a
judicial function. Here, it was elementary that no “legislative act” could have possibly
divested the Plaintiffs of their Lot 15A against their will. Here, the public record, Doc. # 22,
established Defendant Moody as a bungling Government idiot and crook, who disrespected
and perverted the law for criminal and illegal purposes of cover-up and fraudulent
concealment.
DEF. MOODY VEXATIOUSLY FIXED THE CASE IN EXCHANGE FOR BRIBES
11. Here, Def. Moody’s “order”, Doc. # 22, was “patently frivolous, baseless,
vexatious, and harassing”. No intelligent, fit, and honest judge or person in Defendant J. S.
Moody’s shoes could have possibly determined any
a. Lot 15A “claim as public land” in violation of, e.g., Chapters 712, 73, 74, 95 Fla.
Statutes;
b. “resolution”;
c. “adoption” of any resolution;
d. any transfer of title to Lee County from Plaintiffs to Lee County against Plaintiffs’
will;
e. any transfer of title by any legislative act, resolution, or law, whatsoever.

PRIMA FACIE CRIMINALITY OF INCOMPREHENSIBLE “claim as public land”


12. § 90.202 (12), Fla. Stat., states:

“Facts that are not subject to dispute because they are capable of accurate and
ready determination by resort to sources whose accuracy cannot be questioned.”

ACCURATE & READY DETERMINATION OF PLAINTIFFS’ RECORD OWNERSHIP


13. Here, Plaintiffs’ publicly recorded title to and ownership of accreted riparian
Lot 15A, Cayo Costa Subdivision, as legally described in reference to the 1912 Plat of
Survey in Lee County Plat Book 3, Page 25 was
a. Indisputable; Ch. 712, F.S.;
b. Unimpeachable;
c. Unencumbered;
d. Perfected;

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e. Marketable;
f. Exclusive;
g. Protected under express Florida Constitutional Guarantees;
h. Protected by the fundamental right to own property;
i. Protected by the fundamental right to exclude government from one’s
property.
See Florida’s self-enforcing Marketable Record Title Act; Ch. 712, Florida Statutes. See
Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, Cayo Costa, on file.
PUBLICLY RECORDED ORGANIZED GOVERNMENT CRIME AND CORRUPTION
14. Defendant U.S. Judge James S. Moody, Jr., is part of a Government crime and
corruption organization in Florida, U.S.A. “For approximately four years”, the publicly
recorded policy and pattern have been cover-up, fraudulent concealment, obstruction of
justice, racketeering, fraud, fraud on the Court, and extortion of Lot 15A, Cayo Costa,
and money.
GOVERNMENT FRAUD UPON THE COURT, FLA.R.CIV.P. 1.540
15. “For approximately four years”, Defendant U.S. Judges and Government Officials
have “showered courts in the Middle District of Florida with hundreds” of prima facie
corrupted fraudulent orders and communications for criminal and illegal purposes of
racketeering and extortion of Lot 15A and money under fraudulent pretenses of, e.g.:
a. Fake “resolution”;
b. Fake “land parcels” see, e.g., “12-44-20-01-00000.00A0”; “07-44-21-01-
00001.0000”;
c. Fake “5,048.60 judgment”, Case 2:2007-cv-00228;
d. Fake “writ of execution”, Doc. # 425, Case 2:2007-cv-00228;
16. Here, absolute power produced absolute judicial & Government corruption
and the publicly recorded perpetration of fraud upon the Courts.
17. The procedural and substantive rules prohibited Defendant Moody from fixing
the Case based upon the perversion of conclusive public record evidence.
CONSPIRACY TO RACKETEER, EXTORT, RETALIATE, AND DEFRAUD
18. Defendant Crooked U.S. Judge James S. Moody, Jr., conspired with other
Officials, Defendants, and Government gang members to racketeer, retaliate, obstruct
justice, and extort money and Lot 15A, Cayo Costa, from the Plaintiff indisputable record
land owners.
DEF. MOODY FRAUDULENTLY CONCEALED PLAINTIFFS’ RECORD TITLE

“At the heart of each case, Plaintiffs allege that they are the owners of Lot 15A in the
Cayo Costa subdivision of Lee County, Florida. Plaintiffs attempt to challenge a
resolution adopted in December 1969 by the Board of Commissioners of Lee County,
Florida, where Lot 15A, among other property, was claimed as public land.”

See Doc. # 22, p. 1.


Here, Defendant Crooked U.S. Judge James S. Moody, Jr., knew, fraudulently concealed,
and conspired with other Officials and Criminals to conceal that

a. The Plaintiffs had conclusively proven and alleged that they are the record
owners of Lot 15A in the Cayo Costa subdivision of Lee County, Florida;

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b. The public record had conclusively evidenced that indisputably, the Plaintiffs
are the unimpeachable record owners of Lot 15A in the Cayo Costa subdivision of Lee
County, Florida;
c. Lot 15A, Cayo Costa, was never “claimed as public land”;
d. Lot 15A could not have possibly been “claimed as public land” under any law;
e. The prima facie fake “claim as public land” was incomprehensible and
unrecognized;
f. The Plaintiffs were entitled to defend their perfected record title and prosecute;
g. Plaintiffs were entitled to redress their well-proven recorded Government
grievances;
h. The facially forged colorless “claim” lacked any authentic legal description;
i. The colorless facially forged “claim” lacked any legislative signature and
name(s).

DEF. MOODY FRAUDULENTLY CONCEALED NULLITY OF SHAM “claim”


19. Here in particular, Def. Crooked Judge Moody knew, fraudulently concealed,
and conspired to conceal that Ch. 95, Florida Statutes, would have absolutely required
Defendants Lee County, FL to pay real property taxes prior to any [hypothetical] judicial
adjudication of any colorless adverse possession “claim” by Defendants Lee County, FL.
20. Here, the Plaintiffs and their predecessors in title had paid property taxes, Lot
15A, since 1912 and since the date of the publicly recorded Federal Land Patent root
title. See Lee County Grantor/Grantee Property Index.
21. Here more than thirty (30) years had passed since the recordation of the Cayo
Costa U.S. Land Patent root title, the statute of limitations had expired, and any and all
claims had been barred and extinguished., Ch. 712, Florida Statutes.
22. Here, Defendant Crook and Racketeer J. S. Moody extended the Government
pattern and policy of, e.g., public corruption, racketeering, retaliation, extortion, fraud
on the Courts, and deliberate deprivations under fraudulent pretenses of, e.g., a legally
and factually impossible and falsified “claim”, “resolution 569/875”, “legislative act”,
“sanctions”, “judgment” in the record absence of any authority and jurisdiction. Here,
Defendant Crook Moody had no authority to break Florida law on the record and perpetrate
Government crimes under color of office.
DEF. MOODY FRAUDULENTLY CONCEALED EXTORTION, RACKETEERING
23. Defendant Moody fraudulently asserted and pretended, Doc. # 22, p. 2:
“Plaintiff Busse was sanctioned $5,000 but refused to pay.”
Here, Defendant Racketeer Moody knew and fraudulently concealed that Defendant
Kenneth M. Wilkinson had never incurred actual and necessary attorney’s fees in the
facially falsified amount of “$5,000”. In June 2009, the U.S. Court of Appeals for the 11th
Circuit had lost “jurisdiction”. Here, Def. Moody conspired with Def. Wilkinson and other
Officials to falsify a fake “July 29 judgment” and alter the official records.
24. Here, Dr. Jorg Busse had paid the final money judgment in the amount of
“$24.30” for “copies” issued as mandate in June 2009, Case No. 2:2007-cv-00228.
25. Here just like a bungling Government crook and idiot, Defendant Moody
covered up, concealed the truth, and obstructed justice for publicly recorded criminal
purposes of extortion and racketeering.

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26. Here, Def. Moody knew that frivolity had never been any issue, whatsoever, as
publicly recorded and conclusively evidenced by the Opinion, Judgment, and Mandate in
said Case.

COMPULSORY JUDICIAL NOTICE


27. § 90.203, Florida Statutes, COMPULSORY JUDICIAL NOTICE, provides:

“A court shall take judicial notice of any matter in § 90.202 when a party requests it..”

Here for years, the Plaintiff exclusive indisputable record owners of Lot 15A, Cayo Costa,
PB 3, PG 25 (1912) had requested the Federal Courts to take judicial notice of the matter
and issue of their record unencumbered and perfected ownership and title, 12-44-20-01-
00015.015A.
DEFENDANT CROOKED JUDGE MOODY’S SHAM “order”, DOC. # 22
28. Here on its face, Defendant Crooked Judge Moody’s sham “order”, Doc. # 22,
was
a. Controverted by Plaintiffs’ publicly recorded indisputable title to Lot 15A;
b. Controverted by Plaintiffs’ publicly recorded property tax payments;
c. Facially incomprehensible and baseless;
d. Arbitrary, capricious, and malicious;
e. Idiotic and irrational.

RECORD TAX PAYMENTS WERE CAPABLE OF ACCURATE DETERMINATION


29. Here, Plaintiffs’ publicly recorded satisfactory real property tax payments, Lot
15A, were capable of accurate and ready determination and indisputable. Said
indisputable record tax payments had controverted any “claim”.
PLAINTIFFS’ RECORD DEED WAS CAPABLE OF READY DETERMINATION
30. Here, Plaintiffs’ publicly recorded Warranty Deed, Lot 15A, was capable of
accurate and ready determination and indisputable.
31. Here as a matter of law, Plaintiffs’ record title and tax payments had conclusively
controverted:
a. Any and all barred “claims”, Ch. 712, Florida Statutes;
b. Sham “claim” “O.R. 569/875”;
c. Any and all absurd, unrecognized, and frivolous “claim(s) as public land”;
d. Any and all non-existent “title transfer” to Lee County, FL;
e. Any involuntary alienation; Chapters 73; 74, 95, Florida Statutes.

AS A MATTER OF LAW, ANY AND ALL CLAIMS HAD BEEN BARRED, CH. 712, F.S.
32. As a matter of law, Ch. 712, Fla. Stat., had extinguished any and all “claims”
against Lot 15A, Cayo Costa.
33. In “1969”, the fabricated date of the fictitious “resolution”, the statute of
limitations for any and all “claims” had expired. Here, more than thirty (30) years had
passed since the root title to Lot 15A, which had barred any and all “claims”. Period.
34. Here, Lee County, FL, had never “claimed” anything, and no authentic record of
any “claim” had ever legally existed or had ever been legally recorded.
FALSIFIED “claim”, “O.R. 569/875” WAS LEGALLY ABSOLUTELY IMPOSSIBLE

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35. Here as a matter of law:
a. No “resolution” could have possibly involuntarily divested the Plaintiffs of their
Lot 15A;
b. No “law” could have possibly involuntarily divested the Plaintiffs of their Lot
15A;
c. Any involuntarily alienation would have necessarily been a judicial function;
d. Plaintiffs were the indisputable record owners, Lot 15A, Cayo Costa;
e. Plaintiffs were the unimpeachable title holders, Lot 15A;
f. Plaintiffs’ said record ownership was capable of accurate and ready
determination;
g. Plaintiffs’ said record title, Lot 15A, was capable of accurate & ready
determination;
h. Defendant Moody fabricated and conspired to falsify an incomprehensible
“claim”.

PERVERSION OF RULE 69 FOR CRIMINAL PURPOSES OF RACKETEERING


36. Rule 69, Fed.R.Civ.P. states:

(a) In General.
(1) Money Judgment; Applicable Procedure.
A money judgment is enforced by a writ of execution, unless the court directs
otherwise. The procedure on execution — and in proceedings supplementary to and
in aid of judgment or execution — must accord with the procedure of the state where
the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery.
In aid of the judgment or execution, the judgment creditor or a successor in interest
whose interest appears of record may obtain discovery from any person — including
the judgment debtor — as provided in these rules or by the procedure of the state
where the court is located.

37. Here, Def. Moody conspired to conceal that


a. The paid $24.30 money judgment and final mandate, Doc. # 365, Case 2:2007-
cv-00228 could not be “enforced by a writ of execution”;
b. The facially fraudulent procedure on the falsified execution did not “accord
with the procedure of the State”.
c. The U.S. Court of Appeals for the 11th Circuit had lost jurisdiction in June 2009;
d. Defendant Crooked Official Kenneth M. Wilkinson falsified and fraudulently
pretended a “July 29, judgment”;
e. Defendant Jack N. Peterson, Esq., perjured himself; see facially fraudulent
“Affidavit”;
f. No genuine July 2009 judgment could have possibly existed in said Case;
g. The fictitious “July 29, judgment” could not be found in the public records.

38. Here, the prima facie criminality, illegality, and nullity of the fake “5,048.60
judgment”, Doc. ## 386, 432, fake “writ of execution”, Doc. # 425, fake “legislative act”,

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fake “resolution 569/875” were capable of accurate and ready determination by resort to
sources whose accuracy cannot be questioned. See Case 2:2007-cv-00228 …