FLORIDA SUPREME COURT500 S. Duval St., Tallahassee, FL, 32399-1925

JAMES S. HOLCOMBAppellant/Respondent/Former Husband, pro se

and CASE NO.: DR 99-3003-CASC #

ISABELLE H. HOLCOMBAppellee/Petitioner/Former Wife,

Motion/Request for Stay of all Judge Hill Orders until Proof of Need forAlimony is documented using Florida Statutes 61.08 and 61.14, and Orderfor the return of all money garnished on May 31, 2017 and after.

J Jdge Hill is biased against me, the Appellant/Respondent, and refuses to8 recuse hirnself (Florida Statute 38.02).

�540 J Jdge Hill refuses to document what kind of Alimony as required by FloridaEtatute 61.08(2) (Judge Lockett also never defined the type of

alimony in January 7, 2000, Dissolution of Marriage.)

Statute 61.08(2);In determining whether to award alimony or maintenance, the court shallfirst make a specific FACTUAL determination as to whether either partyhas an actual need for alimony or maintenance and whether either partyhas the ability to pay alimony or Maintenance.

61.08(5) through (8). The various types of alimony has requirements as followswhich Judge Hill also refuses to consider;

61.08(5) Bridge-the-gap alimony --- (Short Term)

61.08(6) (a) Rehabilitative alimony may be awarded to assist a party inestablishing the capacity for self support through either:

1. The redevelopment of previous skills or credentials; or2. The acquisition of education, training, or work experience

necessary to develop appropriate employment skills orcredentials.

61.08(6)(b) In order to award rehabilitative alimony, there must be aspecific and defined rehabilitative plan which shall be included as part ofany order awarding rehabilitative alimony.

61.08(6)(c) An award of rehabilitative alimony may be modified orterminated in accordance with s. 61.14 based upon a substantial changein circumstances, upon noncompliance with rehabilitative plan, or uponcompletion of the rehabilitative plan.

61.08(7) Durational alimony may be awarded when permanent periodicalimony is inappropriate. The purpose of durational alimony is to providea party with economic assistance for a set period of time following amarriage of short or moderate duration or following a marriage of longduration if there is no ongoing need for support on a permanentbasis. - - - .

61.08(8) Permanent alimony may be awarded to provide for the needsand necessities of life as they were established during the marriage of theparties for a party who lacks the financial ability to meet his or her needsand necessities of life following a dissolution of marriage. Permanentalimony may be awarded following a marriage of long duration if such anaward is appropriate upon consideration of the factors set forth insubsection (2), - - -.

In awarding permanent alimony, the court shall INCLUDE afinding that NO other form of alimony is fair and reasonableunder the circumstances of the parties. (Not done and there is

no documentation of an award of PERMANENT alimony ever awarded by JudgeLockett or Judge Hill in the case record.)

An award of permanent alimony terminates upon the death ofeither party or upon the remarriage of the party receiving alimony.An award (which does not exist in this case) may be modified orterminated based on a substantial change in circumstancesor uponthe existence of a supportive relationship in accordance with s.61.14.

The January 7, 2000, Dissolution of Marriage and the attached MarriageSettlement Agreement had no Severability Clause. Therefore, when Judge Hillviolated, and garnished the firefighter's pension in violation of the MarriageSettlement Agreement, he terminated and voided the Marriage SettlementAgreement, thus no longer having a Marriage Settlement Agreement forContempt. The Judge Hill Garnishment Order of February 13, 2017, iswithout legal validity and merit and should be voided/struck.

A stay of the Judge Hill Orders is needed because there no longer existsany Marital Settlement Agreement, and no basis for a proper amount ofalimony if any is needed per Florida Statutes 61.08 and 61.14.

In a case for Modification or Termination of Alimony, started December 4, 2015,

Judge Hill has refused to determine if Appellee/Petitioner is in need of Alimonyfor over 1 1/2 years. (Florida Statute 61.08(2) The record and testimony showsthat the Appellee/ Petitiòner has been living in a support relationship (FloridaStatute 61.14(b)1) for over 6 years with Clayton Layton with US Federal Courtdocumented income of $67,392.36 on 12/20/2011. (Probably much more now)

The 56 year old Appellee/Petitioner is currently working only 4 to 5 hours perweek to keep from being self Sufficient. (Florida Statute 61.08(2)(e) and hasRetired from Lake County Public Schools.

Florida Statute 61.08(9) The award of alimony may not leave the payor withsignificantly less net income then the net income of the recipient unlessthere are written findings of exceptional circumstances.

(Appellant Financial update 6-1-2017)

Social Security monthly income $1,330.20Orlando Firefighter pension monthly income $2,184.49 $1005, Garnished

Total $3,514.69

Dr. AlshareefHouse paymentElectricInternetHuluNetflixBoost cell phoneGeico car insurance2006 Chevy truck ($3,600 wife's eye surgery)1993 Ford truckLoan to pay DeWitt Law FirmOrlando Federal Credit Union, non-collateralOrlando Federal Credit Union, Visa

Balance Monthly expenses$5,338 $1000

$28,483 $953$100

$57cancelledcancelled

$32133

$2,080 $178$2,240 $250$2,245 $250$1,570 $236$2,000 Max. Out Minimum $20

Orlando Federal Credit Union, Open End, $908 Minimum $100Simmons Bank, Visa $4,948 Max. Out Minimum $80Sam's Master Card $3,500 Credit Limit $1,564 Minimum $30US Dept. of Education Student Loans (4-4-16) $46,152 (disputed) $187Life Insurance $33

Totals Debts $97,528 Monthly Bills $3,639

No money left for food, gas, anything else except Bankruptcy

Respectfully submitted,

James S. Holcomb, Respondent/Former Husband

I certify that a true and correct copy of this Motion/Request for Staywas mailed to Isabelle Holcomb, 2603 Gables Drive, Mt. Dora, FL. 32757, onJune 1, 2017, by U.S. Mail.

Hand delivered to Lake County Circuit Court Clerk, Judge Hill and Judge Briggs

CLADI OF EXEMPTION AND REQUEST FOR HEARING

6 k3£ LL Case No.

Dehndant

I claim exemption from gamishment under the following categories as checked

1 Head offamily wages. (You must check a or b below.)a. I provide more than one-half of the support.for a child or other dependent and have net

Earnings of $750 or less per week.b. I provide more than one-half of the support for a child or other dependent, have net

. earnings ofmore than $750 per week, but have not agreed in writing to have my wages

garnished.2. Social Securitybenefits.3. Supplemeral Security Income benefits.4. Public assistance (welfare).5. Workers' Compensation.6. Unemployment Compensation.7. Veterans' benefits.

Y 8. Retirement or profit-sharing benefits or pension money.

- > - 9. Life insurance benefits or cash sunender value of a life insurance policy orproc10. Disability income benefits. .11. Prepaid College Trust Fund or Medical Savings Account.

12. Other exemptions as provided by law.

o k

Telephone munber 3 2 $ o o O

The statements made in this request are true to the best ofmy knowledge and belief

c n o£AAq AAY ,20 B

fendant's signature Date

STATE OF FLORIDACOUNTY OF LAKE 2

Sworn and subscribed to before me day of

e an o crr, duced Identification AMfM.% SMT OF R.0mDA, COUNTY OFl_AlæHidtEBY CERTIFY the above a foregoing

FnON AND REQUEsT FOR HEARING.doc/July27.20I l is a hue copy of 1 . me �042ed in this o .

By

th; s�523umentmab redactedasrequiredbylaw.

IN THE CIRCUIT COURT OF THEFIFTH JUDICIAL CIRCUIT, IN ANDFOR LAKE COUNTY, FLORIDA .

CASE NO.: 99-3003-CADIVISION: 4

ISABELLE H. HOLCOMB .

Petitioner,

and

JAMES S. HOLCOMB

Respondent.

FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE ·WITH MINOR CHILD(REN) (UNCONTESTED)

�042 This cause came before this Court for a hearing on a Petition for Dissolution ofMarriage.

The Court, having reviewed the file and heard the testimony, makes these findings of fact and

reaches these conclusions of law:

1. The Court has jurisdiction over the subject matter and the parties.

2. . At least one party has been a resident of the State of Florida for more than 6 months

immediately before filing the Petition for Dissolution ofMarriage.

3. The marriage between the parties is irretrievably broken. Therefore, the marriage between

the parties is dissolved, and the parties are restored to the status ofbeing single.

4. Marital Settlement Agreement. The parties have voluntarily entered into a Marital

Settlement Agreement, and each has filed the required Financial Affidavit. Therefore, the

Marital Settlement Agreement as previously filed in this case is ratified and made a part of

this Final Judgment. The parties are ordered to obey all of its provisions.

5. The Court finds that the parties have the present ability to pay support as agreed to in the

Marital Settlement Agreement as ratified and made part ofthis Final Judgment.

6. The Court reserves jurisdiction to modify and enforce this Final Judgment.

DONE & ORDERED in Chambers in Tavares, Lake County,. Florida this 7 day of

January, 2000. .

/sf JERRY T,10CKETT

CIRCUIT JUDGE

I HEREBY CERTIFY that a tme and correct copy ofthe foregoing Final Judgment has beenfurnished by U.S. Mail this day of , 2000, to Aldo Icardi, Esquire,Attorney for Petitioner, Post Office Box 1656, Maitland, Florida 32794-1656 and James H.Holcomb, Respondent, 4606 Sloewood Court, Mt Dora, Florida 32757.

Judicial Assistant/Attorney

CdWP5mDATA\DOMESTIODIVDRCBIIDLCOMBGDDDGMTSB

IN THE CIRCUIT .COIfitT OF THEFIFTIÜIIDIÓIAi CIRCÚÍT., IRÁND.FOR I AKE COU.NTY, FLORIDA ·

gg- 3eo3CASE NO.:DIVISION:.

ISABELLE H. HOLCOMB . ... Book 17 . .Page sang

· Petitionet,-

and< c

JAMES S. HOLGOMB .

Respondent.

MARITAL.SETTLEMENT AGREEMENT-FOR DISSOfUTION ÓF .IViARRTÁGE WITH DEPENDENT OR MINOR ÉÈÍLDGENt

. We,-TAMEk S. HÓLCOMB, and ISABELLE11. 1-IOECOMB, É.eiíig·swo .certify thatthe follòwing statenients are true:

1.

2...

. We~were márried.tó each other on Aupt-5. 19'78

Because of iir.econcilable.differences in our níarriage (no chance opstaying togètlier), wehahe·made this7a'greeinent to settle önce adÈfor allyhatwe owe tb eàgh oùie¼and ivhatwe can expect to.receive from each other. Each ofus státes that nöthing.has.beeliheldback, th-at we-have honestly.included everylhing we, could11tinkÅf in'1[stingétir ásséts . ..Íeverything we own ãnd thatIs gwed to us) a 1.our debfs.(everything ive öúe)cand thatwe believe tiié other has beenápen and honestein writing this-agreedtent.

3.

a

,

iye have both filed a Financial Affidavit, a Florida$amilyLa fogn 12.901£d} pr (e).Be6äuse wÄ have voluntarily.madë full and fairdisclosure.to èach othefofalljur àssetsand débts e Miaive any further disclosure undernile 12.285 ÉloridaFamily Law rules

ofProcedure.

t

4. Èach ofus agrees to execute and exchange any paper(that niight be nëeded to codipletethis ágreementvinéluding deeds, title ceptificates, etc.

SÉ CTION L . .MARITAL ASSETS AND JEù)IJdTIES

A. Division· óf1pseti. e divide.our

a

C.. Conifihgest A�541se.ts-andliabilities"(listedYn.See oïiIIføfourEinancial A41dayits) will -be divi.d d.as fondjrs .

.SECTIONIL SPOUSAL.SUBPORT (ALIMONY). (Ifyónjiave not agreed on thisnuítter, write."n/a" on.the.lines prdvided.) . .yon'ebnly} . · 3aoh 1989 . Page 1832

_.. i. Éach.otu�541forever gives up aniy right to-spousatsupport,(aliinony) that.We may have.

___. 2. (#)HUSBAND ()WIFE agrees to pay spousal suppprt (alimony) in.the amount of$ sí9 eifery '()éeek (a/)otlier week ()möixth Beginning when 'pètition is filed aùdenñtinùing-unt'il '" Petitioner remarries . · · · .

. . Explain.týpë sf.alimony.(temporary,·penna.nent,.rehabilitativg.a or lump sum).añd any.. ·· ôther specifics:- -'¼liinónv is being paid in lieu ofany clóitni bywife~aaninst . 2

hustfahd's retirement peridioil entitiemeht..When c1tild supjidrt- fo Tard tèrminätès.. . - 3.Husbait 1-Wo'mmeñce paying additiönal alimoný fòritotal-of$1,000 p-er month.

. . [/- if.applies] Life Insurance in the amount of$ WA. to s.ecure the above support,Will bsprovidedby the obligor.

SEdIONDI... .;CmfWCUSTODY, PARENTAL RESPONSIBILITY, AND. . VISITMIÖN.

(Ifyou haye not reached sn agreement on any ofthese·issues,write3Wa".onthe liges-provided.Thécóurf.reservës thèiight to modify any agreement(s)concerning.the minar child(ren).

. . 1. .'Òíe pártips' minor çhild(ren) are: .Name Birth Date

Tara M Hölcomb Ángtát S0, 1984

. 2. · . - Pareátal responsibility for the minor chilil(ren) will be: . .- d__ a.·shared {explain any exceptions} .

. b. sole.ió.()Father (.)Mother.{erplain réasofis.} .

. 3. . - T 2e priniárdesidential-.patent will be ()Fatire~ Ó/)Mòther and the other pårent.will· be

. . · · the.secoix}ary-rèsidentiql patent OR the primary residential parent will be -( )- úndesignateil ()rotating. .

. 4. . EecondarýResidential Responsibility, Visistion, or Time..Sharitig.will-be.as follo.ws: .. . (explètisseliedule (òbys and times, holidays, etc.)} - at-tequest ótminofbliild· · ' .

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUITIN AND FOR LAKE COUNTY, FLORIDA

DOMESTIC RELATIONS DIVISION

Isabelle H. Holcomb,

Petitioner/Former Wife,

and �042 Case No.: 35-1999-DR-003003-A

James S. Holcomb,

Respondent/Former Husband.

ORDER GRANTING PETITIONER/FORMER WIFE'SSECOND MOTION FOR INCOME WITHHOLDING ORDER (IWO) AND

ORDER DENYING RESPONDENT/FORMERHUSBAND'SMOTION FOR JUDGE HILL TO RECUSE HIMSELF FOR BIAS

THIS CAUSE came before this Court at hearing on January 17, 2017 on

Petitioner/Former Wife's Second Motion for Income Withholding Order (IWO) filed December

13, 2016 (hereinafter referred to as "Motion for Income Withholding Order") and

Respondent/Former Husband's Motionfor Judge Hill to Recuse Himselffor Bias tiled December

28, 2016 (hereinafter referred to as."Motion for Disqualification"). Present at the hearing were

Isabelle H. Holcomb (hereinafter referred to as "Petitioner/Former Wife"), James S. Holcomb

(hereinafter referred to as "Respondent/Former Husband"), and counsel for the Petitioner/Former

Wife, Christopher J. Shipley. The Court having heard the testimony of the Petitioner/Former

Wife and of the Respondent/Former Husband, reviewed the pleadings filed by the parties,

considered the argument of counsel, and being duly advised in the premises, FINDS as follows:

Order Granting Petitioner/Former Wife's Motion for Income Withholding Order (IWO) andOrder Denying Respondent/Former Husband's Motion for Judge Hill to Recuse Himself for Bias

Isabelle H. Holcomb and James S. HolcombLake County Case No.: 35-1999-DR-003003-A

Page 1 of4

1. Respondent/Former Husband did not satisfy the procedural requirements for

judicial disqualification under Fla. R. Jud. Admin. 2.160 and Fla. Stat. 38.10.

2. The Motion for Disqualification does not "specifically allege the facts and

reasons" relied on to show the basis for disqualification. See Fla. R. Jud. Admin. 2.160(c); See,

e.g., Davis v. Bat Management Foundation, Inc., 723 So. 2d 349 (Fla. 5th DCA 1998). ·

3. The Motion for Disqualification was not sworn to by the Respondent/Former

Husband by signing the motion under oath or by a separate affidavit. Id.; See, e.g., Gaines v.

State, 722 So. 2d 256 (Fla. 5th DCA 1998).

4. The Motion for Disqualification was not made within ten (10) days after

"discovery of the facts constituting the grounds" for the motion. Additionally, the Motion for

Disq1ialification was not "promptly presented" to the trial court for "immediate ruling." Id; See,

e.g., Willacy v. State, 696 So. 2d 693 (Fla. 1997); Carter v. Howey, 707 So. 2d 906 (Fla. 5th

DCA 1998); Foley v. Fleet, 644 So. 2d 551 (Fla. 4th DCA 1994); but see Marcotte v. Gloeknér,

679 So. 2d 1225 (Fla. 5th DCA 1996); State ex rel. Morgan v. Baird, 660 So. 2d 328 (Fla. 2nd

DCA 1995) (motions deemed timely filed).

5. The Motion for Disqualification was not served on the subject judge as required

by Fla. R. Civ. Pro. 1.080 and therefore the subject judge did not become aware of said Motion

for Disqualification nor was it called up for hearing by Petitioner/Former Husband.

6. The test for determining the legal sufficiency of a motion for disqualification is an

objective one which asks whether the facts alleged in the motion would place a reasonably

prudent person in fear of not receiving a fair and impartial trial. See Livingson v. State, 441 So.

Order Granting Petitioner/Former Wife's Motion for Income Withholding Order (IWO) and .Order Deny ng Respondent/Former Husband's Motion for Judge Hill to Recuse Himself for Bias

Isabelle H. Holcomb and James S. HolcombLake County Case No.: 35-1999-DR-003003-A

Page 2 of4

2d 1083, 1087 (Fla. 1983); Fischer v. Knuck, 497 So. 2nd 240, 242 (Fla. 1986); MacKenzie v.

Super Kids Bargain Store, Inc., 565 So. 2d 1332, 1335 (Fla. 1990).

7. Based upon the facts alleged in the Motion for Disqualification, a reasonably

prudent person would not be placed in fear ofreceiving a fair and impartial trial.

8. Respondent/Former Husband admitted by testimony and in pleadings filed with

the Court that he is willfully and intentionally withholding the monthly permanent periodic

spousal support payments. Respondent/Former Husband agreed to pay spousal support to the

Petitioner/Former Wife in the parties' Marital SettlementAgreementfor Dissolution ofMarriage

with Dependent or,Minor Child(ren), executed by the parties on November 19, 1999, as required

by the Final Judgment of Dissolution ofMarriage With Minor Children (Uncontested) dated

January 7, 2000, and as ordered in the Order on Petitioner's Motion for Income Withholding

Order andPetitioner's Motion to Dismiss dated April 28, 2016 nunc pro tunc March 16, 2016.

9. Respondent/Former Husband filed a Notice of Appeal with the Fifth District

Court of Appeal on November 16, 2016, which case is assigned case number 5D16-3891 and a

Notice of Appeal with the Fifth District Court of Appeal on December 6, 2016, which case is

assigned case number 5D16-4121. The first such appellate case was dismissed on November 23,

2016 and the second such appellate case is active.

Now, therefore, it is ORDERED and ADJUDGED as follows:

A. This Court retains jurisdiction to enforce, construe, and interpret the parties'

Marital Settlement Agreementfor Dissolution ofMarriage with Dependent or Minor Child(ren)

executed by the parties on November 19, 1999, as required by the Final Judgment ofDissolution

ofMarriage With Minor Children (Uncontested) dated January 7, 2000.

Order Granting Petitioner/Former Wife's Motion for Income Withholding Order (IWO) andOrder Denying Respondent/Former Husband's Motion for Judge Hill to Recuse Himself for Bias

Isabelle H. Holcomb and James S. HolcombLake County Case No.: 35-1999-DR-003003-A

Page 3 of4

B. All other pending motions shall be held in abeyancephile Respondent/Former

Husband seeks appellate review.

C. Respondent/Former Husband's Motionfor Judge Hill to Recuse Himselffor Bias

filed December 28, 2016 is hereby DENIED due to procedural deficiencies and legal

insufficiency.

D. Petitioner/Former Wife's Second Motion for Income Withholding Order (1WO)

filed December 13, 2016 is hereby GRANTED. The Income Withholding Order fonn shall be

prepared by counsel for Petitioner/Former Wife and sent to the undersigned judge for execution

and filing.

E. The Court retains jurisdiction of this cause, the subject matter, and the parties

hereto to enter any and all further orders deeded equitable, just, and proper.

DONE and ORDERED in chambers at Tavares, Lake County, Florida on this /3

day February 2017.

/8/ Mark J. HillHonorable Mark J. HillCircuit Judge

Copies provided to: .

Christopher J. Shipley, Esq., MBA, CPA Jees S Ho com pro se

SHIPLEY LAW FIRM Clermont, Florida 34715-9248 e20110-A U.S. Highway 441MountDora Florida 32757-6963 Former HusbandService e-mail: litigation@shipleylawfirm.comAttorneyforPetitioner/Former Wife

Order Granting Petitioner/Former Wife's Motion for Income Withholding Order (IWO) and .Order Denying Respondent/Former Husband's Motion for Judge Hill to Recuse Himselffor Bias

Isabelle H. Holcomb and James s. HolcombI..ake County Case No.: 35-1999-DR.003003-A .

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