009 - d -Motion for Summary Judgement - Exhibit d

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Page 1 of 5 1 2 3 4 IN THE COUNTY COURT, IN AND FOR VOLUSIA COUNTY, FLORIDA 5 6 7 STATE OF FLORIDA, (Sergeant John P. Carvalho) PLAINTIFF, Vs. Darren Neese, DEFENDANT ) ) ) ) ) ) ) ) ) ) ) ) CASE: 2013 114783 TRDL CITATION: A0UH61E MOTION FOR SUMARRY JUDGMENT _______________________________/ 8 9 MOTION FOR SUMARRY JUDGMENT 10 (and possible intent to sue) 11 12 Now comes Darren Neese (“Defendant”), NOT a trained/skilled 13 attorney (if it isn’t obvious by now), still by special and 14 limited appearance, seeking to conserve the County’s Judicial 15 resources and also to not waste Defendant’s time and resources 16 further, brings this Motion for Summary Judgment under Florida 17 Rule of Civil Procedure 1.510(b) in response to the claims 18

Transcript of 009 - d -Motion for Summary Judgement - Exhibit d

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

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STATE OF FLORIDA,

(Sergeant John P. Carvalho)

PLAINTIFF,

Vs.

Darren Neese,

DEFENDANT

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CASE: 2013 114783 TRDL

CITATION: A0UH61E

MOTION FOR SUMARRY JUDGMENT

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MOTION FOR SUMARRY JUDGMENT 10

(and possible intent to sue) 11

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Now comes Darren Neese (“Defendant”), NOT a trained/skilled 13

attorney (if it isn’t obvious by now), still by special and 14

limited appearance, seeking to conserve the County’s Judicial 15

resources and also to not waste Defendant’s time and resources 16

further, brings this Motion for Summary Judgment under Florida 17

Rule of Civil Procedure 1.510(b) in response to the claims 18

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brought by Sergeant John P. Carvalho (“Plaintiff”). Defendant’s 1

points and authorities supporting this Summary Judgment in favor 2

of Defendant to dismiss this case with prejudice are fully 3

spelled out in previously filed MOTION TO DISMISS with the court 4

over two weeks ago with twelve reasons to dismiss. The reason 5

why this traffic “case” still exists on the books baffles me. 6

The request for the plaintiff to appear and offer a verified 7

claim or complaint has gone unanswered. There is now a default 8

by lack of response from the Plaintiff. The clerk of the court 9

should now enter this default on the books. 10

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Injured Party 12

I do believe I now have become injured, aggrieved, and have 13

been coerced into expending time, effort, and funds to defend 14

this frivolous case that has no apparent or clear prosecutor. 15

The cost of certifying papers with the clerk and getting 16

certified copies the last time I came to the file my motions, it 17

cost me over $40 alone. I believe injury is intentional and has 18

been perpetrated in full knowledge which makes the matter more 19

serious. I have been harassed by the judge and one particular 20

deputy for which I have filed a complaint with his agency for my 21

grievance. 22

I have reason to believe the judge is MOVING the case for 23

himself to schedule future hearings so he, or the entity both he 24

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and the “prosecutor” represents, to exact my hard earned money I 1

have rightfully and lawfully obtained for me, my wife, and four 2

children and to pursue our own life, liberty, and happiness. For 3

the court, this is just business. For me, this is personal. No 4

one is paying me to play court here. If this case is not dropped 5

immediately, I, of course will comply with any coerced demands 6

or threats to appear and go on with this charade, but I will be 7

filing criminal complaints for any and all perpetrators with the 8

FBI, the Department of Justice, and/or through the federal 9

courts, for which I will be seeking the maximum penalties and 10

damages for. I also plan to file complaints with any and all 11

other disciplinary agencies, organizations, or committees such 12

as the American and Florida Bar association and any judicial 13

oversight committee/commission/whatever. 14

I don’t want trouble. I don’t want to file anything more 15

(such as formal complaints, etc.). I might be a plaintiff in a 16

civil suit where Judge Sanders will be the presiding judge; and 17

I don’t want to have to go through the experience of asking him 18

to recuse himself because of this silly crap. 19

If I don’t hear back from any public servant regarding 20

this matter, I will assume Judge Sanders regards my grievance 21

as not having valid merits and I shall continue to appear by 22

limited and special appearance and keep making my case for an 23

appeal. And because I am currently unemployed, and thus 24

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regarded as an “indigent”, I will not be paying for the 1

appeal. If it is money the court is after, perhaps it is 2

going about it the wrong way, or going after the wrong mark. 3

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Court Reporter for Further Hearings 5

I’m done being harassed for recording my hearings as the 6

clerk of the court has diligently and gracefully let me know 7

(every time she/they send me notice) I should do if I want 8

make a record, and since my request for a court reporter was 9

denied, I do herby demand that the fancy audio/video 10

equipment is utilized, and yes, I understand I will have to 11

pay $20 or so to get my own copy and hire a transcriber to 12

create a certified transcription for the appeal. 13

I hereby state that I will be sending copies of this 14

motion/letter to the judge (or his assistant), the FHP 15

(hopefully they will not do a “return to sender” and waste 16

more of my money I’ve spent on return receipt requested), and 17

the Volusia’s clerk of court. 18

Please locate your org chart and notice where I lie in 19

it, “the people”, and act accordingly. I’m not sure where 20

everyone got their education, but in elementary school I was 21

taught public servants existed to serve the public, not the 22

other way around. If the state wants to prosecute me, there 23

better be a valid claim (breach of an actual contract, an 24

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actual injured or aggrieved party, or some other valid cause 1

for action). 2

As always, I will act civilly and with respect for my 3

fellow man, even though I do not agree with their actions. 4

And to address Sergeant Carvalho’s concern once again, I am 5

not a “sovereign” citizen nor a part of any movement AND 6

ESPECIALLY that would harm another human being. I am a 7

Christian man and values peace and simplicity in his life. 8

And I hope the same for all. 9

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Sincerely and Respectfully Submitted, 11

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Darren Neese Date 15

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PLEASE TAKE NOTICE! Change of Address: 19

Darren Neese 20

2578 Enterprise Road 21

Suite #199 22

Orange City, Florida 23

[email protected] 24

(386) 320-6209 25

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