Notice Of Appeal, 09 02617cc

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. DEMAND FOR JURY TRIAL NOTICE OF APPEAL _________________________________________________________________/ NOTICE OF APPEAL NOTICE OF JUDICIAL IMPAIRMENT AND OBSTRUCTION OF JUSTICE EMERGENCY MOTION FOR RECUSAL OF JUDGE EUGENE C. TURNER FOR IMPAIRMENT & INABILITY TO DO SIMPLE MATH: 1/12 NOTICE OF APPEAL FROM “05/10/2010 ORDER” 1. The docket showed an entry “05/10/2010 ORDER DENYING ALL DEF PENDING MOTIONS”. Hereby, Dr. Busse gives this Court and the parties Notice of Appeal from said “05/10/2010 ORDER”. No intelligent and rational explanation for said “05/10/2010 ORDER” existed and/or could be found.

PREVIOUS NOTICE OF APPEAL UBLIC NOTICE OF JUDICIAL INABILITY TO DIVIDE, 1/12: JUDICIAL FAILURE TO DO SIMPLE MATH OF 1/12 2. Previously, Dr. Busse had appealed from the judicial impairment conclusively evidenced by the record. Here, the simple judicial task had been to, e.g., divide 1 by 12 or 1/12. Here, objectively impaired Judge Eugene C. Turner had failed to determine any liability. THEREFORE, Dr. Busse was entitled to expenses and the dismissal of Plaintiff(s) frivolous claims with prejudice. DR. BUSSE WAS NEVER SERVED WITH ANY COMPLAINT 3. Here in violation of the Rules, Dr. Busse had never been served. See, e.g., 08/31/2009 and 12/11/2009 Affidavits of Non-service. SUMMONS ISSUED (03/31/2010) 4. Here, the docket showed: “03/31/2010 SUMMONS ISSUED J. R. BRUSSE/ UNKNOWN SPOUSE/ HANDED TO PLAINTIFFS ATTORNEY AT COUNTER”. Said summons was never served upon Dr. Busse. BURDEN OF PROOF 5. Here, the Plaintiff had the burden to prove any liability, but failed to do so, while Dr. Busse proved his payments and the non-existence of any liability. LACK OF ANY LIABILITY BY DR. BUSSE ON THE RECORD 6. Here, the record proved the absence of any liability. Furthermore, the record evidenced Dr. Busse’s payments to Granada Condominium Home Association. Said Judge Turner obstructed justice, because no evidence of any liability existed and/or could possibly be determined.

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OBJECTIVE PARTIALITY BY JUDGE TURNER 7. Here like a drunk trigger-happy judicial cowboy on pony “Partiality”, said Judge Turner irrationally DENIED all of Dr. Busse’s Motions without any intelligent justification. 8. It is customary for a party to schedule a hearing and give proper notice of any hearing for said party’s motion(s) to be heard. Here, Judge Turner violated said custom. The docket showed “02/22/2010 UNDELIVERED MAIL J. R. BUSSE …”, and no notice of hearing was provided. MOTION TO DISMISS BECAUSE OF VEXATIOUS DEFENDANTS’ FRAUD ON COURT: DEMAND FOR DISMISSAL WITH PREJUDICE OBJECTIVE JUDICIAL IMPAIRMENT & HISTORY OF IMPAIRMENT 9. In this Case, Judge E. C. Turner’s judicial job was to divide 1/12 in order to determine Dr. Busse’s “liability” pursuant to the publicly recorded By-Laws & Declaration of Condominium: “Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12 share of the common expenses.” See Collier County Official Record 330/470, 4.5 Common expenses. Here, Judge Turner was objectively impaired and could not do said simple math. In particular, Judge Turner obstructed obtaining the denominator and/or “common expenses” in said fraction. OBJECTIVE JUDICIAL PARTIALITY AT DR. BUSSE’S EXPENSE & INJURY 10. The public cannot have any faith in said objectively impaired and partial Judge. Here, e.g., Turner threatened the stability of real property titles in Florida, which was in violation of public policy, because he could not figure out how to determine “1/12 share” of the “common expenses” of Plaintiff Association. JUDICIAL CONCEALMENT OF IMPAIRMENT & HISTORY OF IMPAIRMENT 11. For the unlawful purpose of fraudulently concealing his objective impairment and history of impairment, Judge Turner denied Plaintiff(s)’ rightful demand for jury trial. Here, Turner’s

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fraudulent concealment proximately caused injury to Dr. Busse. Judicial ethanol intoxication is prohibited by law. Here, the past was an indicator of the present. OBJECTIVE BIAS AGAINST DR. BUSSE: JUDGE TURNER’S RECORD PREJUDICE AGAINST DR. BUSSE 12. The record reflected Judge Turner’s express prejudice against Dr. Busse. Here, Turner treated Dr. Busse disparately. Dr. Busse was not a member of the “legal gang”. Arbitrarily and capriciously, Turner obstructed rational discovery and the intelligent determination of any liability. 13. Turner has no license to vexatiously threaten Dr. Busse’s homestead. Here, Turner knew and concealed that Plaintiff(s)’ purported claims were facially frivolous, unsupported, and CONTROVERTED by the multiple copies of Dr. Busse’s payment records on file. PREVIOUS JUDICIAL RECUSAL IN THIS CASE 14. Here following the record fraud on the Court by the vexatious Defendants, the previous Judge, Michael J. Provost, had recused himself. See 02/11/2010 Order of Recusal. FRAUDULENT CONCEALMENT OF ACCOUNTING RECORDS IN VIOLATION OF LAW 15. Reportedly, Judge Eugene C. Turner “denied” “Defendants’ Motion” for Plaintiff to Produce Records. Here reportedly, the Officers of the Court falsely pretended that “no specific records” were requested. See Docket. MOTION FOR PRODUCTION OF ANY AND ALL “COMMON EXPENSE” RECORDS 16. Here, the Plaintiff failed to prove that Dr. Busse did not pay “1/12 share of the common expenses.” Hereby, Dr. Busse over and over again moved this Court to compel the Plaintiff Association to produce any and all “common expense” records as required by law. 4

MOTION FOR PRODUCTION OF ANY AND ALL “ACCOUNTING” RECORDS 17. Hereby, Dr. Busse over and over again moved this Court to compel the Plaintiff Association to produce any and all accounting records as required by law. OBJECTIVE PARTIALITY AND CONCEALMENT OF RECORDS 18. In the absence of any “common expense” records and evidentiary support, “liability” cannot possibly be determined. Here absent any such records, the Judge appeared to extend Plaintiff’s frivolous claim(s), fraud, and the fraudulent figures in the Complaint. JUDGE FAILED TO TAKE NOTICE OF PUBLICLY RECORDED BY-LAWS & DECLARATION OF CONDOMINIUM 19. The Docket had reflected, e.g., Dr. Busse’s 04/05/2010 Motions, including his Motion(s) to Dismiss, and conclusive public record evidence of Plaintiff Association’s fraud, fraud on the Court, and concealment of fraudulent “lien” as supported by the Association By-Laws and Declaration of Condominium. DR. BUSSE FULLY SATISFIED HIS “LIABILITY” UNDER THE BY-LAWS PLAINTIFF’S FRAUD ON THE COURT 20. The Plaintiff Association and Plaintiff’s Counsel perpetrated fraud on the Court. Pursuant to Collier County Official Record 330/470, 4.5 Common expenses: “Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12 share of the common expenses.” Here pursuant to the record, Dr. Busse had fully satisfied his liability of ”a 1/12 share of the common expenses”, and the Plaintiff deceived and perpetrated fraud on the Court. PLAINTIFF’S ALLEGATIONS WERE FACIALLY FRIVOLOUS 21. Pursuant to Collier County Official Records, Book 330, Page 472:

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“the making and collection of assessments against apartment owners for common expenses shall be pursuant to the By-Laws and subject to the following provisions … each apartment owner shall be liable for a one-twelfth [1/12] share of the common expenses, and shall share in the common surplus, such share being the same as his undivided share in the common elements.” Here pursuant to the record and said By-Laws, and subject to said provisions, Dr. Busse fully satisfied his one-twelfth [1/12] share of the common expenses … On its face Plaintiff’s Complaint and the assessments and/or figures and numbers were frivolous and for the unlawful purpose of defrauding Dr. Busse. 22. The Plaintiff failed to make a good faith effort to resolve the facially frivolous “dispute” and to reconcile the frivolous Complaint with said record By-Laws and provisions. THE PURPORTED “LIEN” WAS NOT IN EFFECT 23. Pursuant to Collier County Official Records, Book 1332, Page 1750: “The lien is in effect until all sums secured by it have been fully paid or until barred by law.” Here, the “lien” was “barred by law” and procured through fraud; and all sums and/or expenses had been “fully paid”. Previously, Defendant Dr. Busse had filed: “DEF. DR. BUSSE’S DECLARATORY STATEMENT(S) & PUBLIC RECORD EVIDENCE IN SUPPORT OF NULL AND VOID “LIEN”, AND MOTION TO DECLARE SUBJECT TITLE AUTOMATICALLY QUIETED” PLAINTIFF ASSOCIATION REFUSED TO DISCLOSE AUDIT REPORTS 24. Pursuant to Collier County Official Records, Book 330, Page 499 [6.7]: “An audit of the accounts of the Association shall be made annually by a certified public accountant, not a member of the Association, and a copy of the report shall be furnished to each member not later than April 1st of the year following the year for which the report is made.” Here in facial violation of said Rules, Regulations, Provisions, and/or By-Laws:

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No “audit of the accounts of the Association” was made annually by a certified public accountant, not a member of the Association, and No “copy of the report was furnished to each member not later than April 1st of the year following the year for which the report is made.” PLAINTIFF’S FRAUDULENT “CLAIM” OF UNAPPROVED ASSESSMENTS 25. The Plaintiff Association falsely and fraudulently pretended “assessments” of more than 105%. See fraudulent Complaint. Here, Granada apartment owners did not approve in writing assessments for recurring common expense of more than 105%. Pursuant to Collier County Official Records, Book 330, Page 498 [6.2]: “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 entitled to cast 9 votes in the Association.” Here since 2004, the purported record “assessments for recurring common expense” were “more than 105% of the assessments for this purpose for the prior year(s)” and “not approved in writing”. Pursuant to said public record, the Plaintiff Association’s “claims” and action were fraudulent. Plaintiff’s facially fraudulent claim of assessments for recurring common expense of more than 105% were not any “genuine issue of material fact” as conclusively evidenced by the public record. DISMISSAL OF FRAUDULENT COMPLAINT WAS MANDATORY 26. Therefore here, Dr. Busse was entitled to the dismissal of said facially fraudulent Complaint. CASE FILE WAS AGAIN UNAVAILABLE 27. Pursuant to Dr. Busse’s Notice of Unavailability on record, Dr. Busse was away. Upon Dr. Busse’s return, Busse inquired about this Case in the Clerk of Court’s Office on 04/01/2010. 28. On 04/01/2010, at approx. 3:10 PM, the Clerk of Court (A.) advised Dr. Busse that a. The case file was not available;

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b. Said case file had been removed to Judge Turner’s Office on 03/31/2010; c. Reportedly, a “hearing” appeared on the Clerk’s docket; d. A summons was issued and handed to Plaintiff’s Attorney; e. Mail to Dr. Busse was reportedly not “delivered”; f. A notice of hearing was not “delivered” to Dr. Busse; g. Said Clerk’s Office was closed on Friday, April 2, 2010. 29. Upon request, the Clerk could not identify a. Which motions were purportedly “to be heard”; b. Which party’s motions were reportedly “to be heard”. UNAVAILABILITY NO NOTICE OF HEARING WAS DELIVERED TO DR. BUSSE PURSUANT TO RECORD 30. Fla. Rules of Civ. P. require service of a notice of hearing and identification of the motion(s) to be heard so that a party can properly prepare. Here, there was no service and Dr. Busse could not prepare. Furthermore, Dr. Busse, who is also a German citizen and Physician Executive with a professional license in another state, is unavailable RECORD VIOLATIONS OF FLORIDA BAR UNIFORM TITLE STANDARDS 31. In support of Plaintiff’s and Counsel’s fraud and fraud on the Court, attached are the Uniform Title Standards by the Real Property, Probate, and Trust Law Section of The Florida Bar. See, e.g., http://www.rpptl.org. See also Exhibits. Here, Plaintiff’s “lis pendens” was unsupported and for the unlawful purpose of extorting unauthorized and/or fraudulent assessments.

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ESSENTIAL RECORDS OF PLAINTIFF’S DEFUNCT AND/OR BANKRUPT AGENTS 32. The Plaintiff and/or Association’s agents have repeatedly refused to disclose the accounting and expense records of the previous defunct and bankrupt agents for Plaintiff Granada Condominium Homes Association, Inc., such as, e.g., a. “Collier Association Management, Inc.”; b. “Orion Bank”; c. “Palm Property Services, LLC”; d. “Asset Property Management & Services, LLC”. 33. Said records are essential in these and other judicial proceedings, and in particular, because the Plaintiff and Counsel fraudulently initiated a purported “lis pendens” in the absence of expense records and documentation. WHEREFORE, Dr. Busse demands 1. An EMERGENCY Order 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; 2. An EMERGENCY Order 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]; 3. An Order compelling the Plaintiff to disclose and produce the Association’s “common expense” records as required by law; 4. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting” records as required by law [see, e.g., Ch. 718];

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5. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said Official Records, By-Laws, and conclusive evidence on file; 6. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing; 7. An Order for service of a notice of hearing upon Dr. Busse under said Rules; 8. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record title free and clear; 9. An Order declaring any and all unapproved assessments null and void under said By-Laws and Public Records; 10. 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; 11. 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. 12. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records, and Declaration of Condominium. /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, [email protected], 239-595-7074

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CERTIFICATE OF SERVICE AND PUBLICATION 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 28th day of May, 2010. The pleading is also being published worldwide. See, e.g., www.vbook.pub.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, [email protected], 239-595-7074 CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.

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