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IN THE COUNTY COURT, IN AND FOR SEMINOLE COUNTY, FLORIDA 5

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STATE OF FLORIDA, ) CASE: ________________ 7 ) 8 ) 9 ) 10 PLAINTIFF, ) 11 ) 12 Vs. ) MOTION TO DISMISS 13

) 14 Darren Neese, ) 15

) 16 DEFENDANT ) 17 ) 18 _________________________________/ 19 20

Now comes Darren Neese, alleged defendant, de bene esse, by special 21

and limited appearance, not yet submitting to the court’s 22

jurisdiction, who hereby moves this court to strike/dismiss the 23

complaint filed by John Carvalho for the grounds enumerated below. Any 24

attempt to proceed without fully addressing each point up to dismissal 25

will be regarded as an abridgement of Defendants rights and due process 26

of law.1 If denied, the full grounds, facts, and finding of law for 27

denial are called for in support of the denial. 28

1 "Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of

juris." Merritt v. Hunter, C.A. Kansas 170 F2d 739.

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1. Motion to dismiss for Defendant is unable to enter a plea since 1

jurisdiction has not been proven. 2 The law requires this proof.3 2

Jurisdiction, once challenged, must be proven.4 Defendant 3

reserves ALL rights, inalienable, enumerated, and unremunerated 4

including, but not limited to challenging jurisdiction at any 5

point and time.5 6 7 8 9 6

2. Motion to dismiss for Plaintiff has failed to present a cause of 7

action and/or crime for which relief could be granted. Failure 8

to present the court a case with standing deprives the court of 9

jurisdiction. 10

3. Motion to dismiss for to continue without jurisdiction would 11

prove to be fruitless for both parties. 10 11 12 12

2 "Jurisdiction, once challenged, cannot be assumed and must be decided." Maine v Thiboutot, 100 S. Ct. 250 3 "The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings." Hagans v Lavine, 415 U. S. 533 4 "The law provides that once State and Federal Jurisdiction has been challenged, it must be proven." 100 S. Ct. 2502 (1980) 5 "Jurisdiction can be challenged at any time." Basso v. Utah Power & Light Co., 495 F.2d 906, 910 6 "Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal." Hill Top Developers v. Holiday Pines Service Corp., 478 So. 2d. 368 (Fla 2nd DCA 1985) 7 "Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Lantana v. Hopper, 102 F.

2d 188; Chicago v. New York, 37 F. Supp. 150 8 "Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical Examiners, 94 Ca 2d

751. 211 P2d 389 9 "Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Latana v. Hopper, 102 F.2d

188; Chicago v. New York 37 F. Supp. 150 10 "Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond

that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities ; they are not voidable, but simply void, and this even prior to reversal." WILLIAMSON v. BERRY, 8 HOW. 945, 540 12 L.Ed. 1170, 1189 (1850)

11 "Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but rather should dismiss the action." Melo v. U.S., 505 F.2d 1026 12 "There is no discretion to ignore lack of jurisdiction." Joyce v. U.S., 474 2D 215

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4. Motion to dismiss for Plaintiff lacks sufficient process or 1

service of process and thus has yet to provide personal 2

jurisdiction. Courts have held that personal jurisdiction is “the 3

very bedrock of due process.” McRae v. White, 269 App. 455, 604 4

S.E.2d 291 (2004). Personal jurisdiction is obtained through 5

service of process, which is required in every lawsuit. Without 6

proper service, no valid lawsuit arises. It is only after a 7

plaintiff obtains proper service upon the defendant that the 8

court obtains jurisdiction over the defendant to impose an 9

enforceable judgment of liability and damages. If the plaintiff 10

fails to obtain proper service upon the defendant, the lawsuit 11

must be dismissed due to the court’s lack of jurisdiction. 12

Defendant has never waived nor provided waiver of service. 13

5. Motion to dismiss for both the judge and Plaintiff both work for 14

the State of Florida which violates Defendant’s right to a fair 15

and impartial trial and also violates the Separation of Powers 16

Act, and prejudices the side of the Defendant in many regards, 17

the acquisition of revenue for the county could quite possibly 18

be one of possibly others. 19

6. Motion to dismiss for Plaintiff has not appeared in court to 20

affirm nor verify his claims. In his absence, if the judge does 21

not dismiss, shows openly and obviously that he is not only 22

practicing law from the bench, but is also siding with the 23

Plaintiff. 24

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7. Motion to dismiss for under the US constitution, Defendant has 1

claim to unalienable rights, not given to him by the US 2

Constitution (enumerated, not granted by), but by God Almighty 3

Himself, “to informed of the nature and cause of the accusation; 4

to be confronted with the witnesses against him; to have 5

compulsory process for obtaining witnesses in his favor, and to 6

have the Assistance of Counsel for his defense”. 13 If this right 7

is doubted by the court, the Defendant asserts this as well as 8

any other rights under article or “amendment” IX of the Bill of 9

Rights. 10

8. Motion to dismiss for this controversy exceeds $20 and Defendant 11

has claim to a trial in a common law “court of record” by a jury 12

of his peers and, … 13

9. Motion to dismiss for same reason (paragraph 8), Plaintiff has 14

used improper venue. The court claims the offense to be a matter 15

of “civil infraction” yet demands I enter a plea that is suited 16

for misdemeanor or criminal matters. There is no indication this 17

is a common law “court of record”, which judged by a jury (as a 18

desirable option) and not appealable by other higher courts, and 19

Common Law the system of law that rules this land as opposed to 20

13 Sixth Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an

impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

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most of the rest of the world that is ruled by civil, Bijuridical, 1

and/or Sharia law. 2

10. Motion to dismiss as there is no known aggrieved party in this 3

matter. There is no injury. There is no corpus delicti14. 4

11. Motion to dismiss as there is no contract shown or brought forth, 5

nor any claim the Defendant is in breach of. Additionally, no 6

duty has been asserted either. 7

12. Motion to dismiss as the Plaintiff, under color of law, has 8

absolutely no case and rests on the overwhelming odds that the 9

“we the people” are so ignorant of the law, his case hardly needs 10

more than a filing of a “charging document”. 11

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14 Corpus Delicti [Latin, The body of the crime.] The foundation or material substance of a crime.

The phrase corpus delicti might be used to mean the physical object upon which the crime was committed, such as a dead body or the charred remains of a house, or it might signify the act itself, that is, the murder or Arson. The corpus delicti is also used to describe the evidence that proves that a crime has been committed. http://legal-dictionary.thefreedictionary.com/Corpus+delicti

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WHEREFORE, Defendant prays the court will dismiss this complaint 2

in the interest of justice and Plaintiff’s gross negligence to properly 3

prosecute his cause. 4

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Respectfully submitted, 6

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Darren Neese 9 (CURRENTLY HOMELESS) 10 (407) 733-4195 11