8/8/2019 Lee County Defendant's Motion to Strike Plaintiff's Notice of Voluntary Case Dismissal for Fraud - Writ of Mandamus…

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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FORLEE COUNTY, FLORIDA

CIVIL ACTION

WASHINGTON MUTUAL BANK. F/KJA

WASHINGTON MUTUAL BANK, FASUCCESSOR BY MERGER TO BANK UNITED,FSB F/KJA BANK. UNITED OF TEXAS, FSPlaintiff, o

CASE NO: 07-CA--T156 ~DIVISON: L

OJ-<

vs.

LARRY R. BRADSHAW, et al,Defendant(s ).

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DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S NOTICE OF VOLUNTARYCASE DISMISSAL FOR FRAUD

Defendant, Larry R. Bradshaw, moves this court to Strike plaintiff's notice of

voluntary case dismissal for fraud , from both the court record and the recording of

instrument # 2008000184940, page 3 as exhibited in the upper right corner of the Notice,

by Deputy Clerk J Lillie under section 695.26 and states in support:

Plaintiff perpetrated a "Fraud on the defendant" wherein Plaintiff filed the facially

flawed post hearing Notice of Voluntary Case Dismissal order (ordered on July 7,2008

filed on July 9, 2008) citing Florida Statute 702.07 and recorder the notice without

signature as an instrument in conveyance, assignment, encumbered or otherwise disposed

under Florida Statute 695.26 wherein it app~ars in record as a conveyance from ajudicial

decree. The fact that the document is facially flawed raises the question of conspiracy by

the clerk of courts in the filing of such a facially flawed instrument . To wit; Florida

Statute 695.26 (1)(a) The name of each person who executed such instrument is legibly

r : - ;printed, typewritten, or stamped upon such instrument immediately beneath the signature

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of such person and the post office address of each such person is legibly printed,

typewritten, or stamped upon such instrument; (b) The name and post-office address of

the natural person who prepared the instrument or under whose supervision it was

prepared are legibly printed, typewritten, or stamped upon such instrument; (c) the name

of each witness to the instrument is legibly printed, typewritten, or stamped upon such

instrument immediately beneath the signature of such instrument; (d) The name of any

notary public or other officer authorized to take acknowledgments or proofs whose

signature appears upon the instrument is legibly printed, typewritten or stamped upon

such instrument immediately beneath the signature of such notary public or other officer

authorized to take acknowledgment or proof; ... It is painfully clear that the Notice of

Voluntary Case Dismissal is defective pursuant to Florida Statute 695.26 and filed in

"bad Faith" which requires this court strike the document from both the court record and

the instrument filing under F.S. 695.26.

Wherefore, plaintiff counsel is playing extremely loose with the rules to the point of

committing fraud. This court should strike the plaintiff's notice of voluntary case

dismissal as a procedural nullity from both the court docket and the instrument

recordation shown on the document upper right comer.

S~~d:s~t a r r Y ?Bradshaw18291 Useppa Rd.

Ft Myers, FL 33912Ph# 239-770-7393

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