JUDICIAL FRAUD

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

[“TRANSFERRED” FROM:

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,

Plaintiffs,

versus Non-Randomly Reassigned & Fixed Case # 2:09-CV-00791-UA-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL; KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES; BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL; WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM GILBERTSON,

NOTICE OF APPEAL

Defendants.

____________________________________________/

NOTICE OF APPEAL FROM “ORDER TRANSFERRING AND CLOSING CASE”

AND ANOTHER CRIMINAL ACT OF CASE FIXING IN EXCHANGE FOR BRIBES

[SEE DOC. # 3]

CONCLUSIVE DISPOSITIVE DE NOVO RECORD EVIDENCE

1. In their Complaint [Doc. # 1], the Plaintiff declared unimpeachable riparian street record Owners had asserted conclusive dispositive de novo evidence at, e.g., ¶ 1:

“1. Based on the conclusive de novo public record evidence of Plaintiffs’ unimpeachable ownership of their riparian Lee County Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] “on the Gulf of Mexico”, the Plaintiffs signed and filed this independent legal action for relief from extrinsic fraud, fraud on the Courts, and public corruption.

NEWLY DISCOVERED EVIDENCE & 11/17/2009 QUASI-JUDICIAL PROCEEDINGS

2. On 11/17/2009, Defendant Roger Alejo stated under oath that Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A is right next to and bounded by the “Gulf of Mexico” as platted and subdivided pursuant to Lee County Plat Book 3, page 25 (1912). Because Plaintiffs’ street lands touch the “Gulf of Mexico”, Plaintiffs’ Gulf-front Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] is riparian.”

ACTION AROSE FROM LAZZARA’S NOVEMBER 2009 CRIMINAL CASE FIXING

2. This independent legal action for relief from extrinsic fraud and fraud on the Courts arose from, e.g., the criminal case fixing by named party Defendant objectively corrupt and partial Richard A. Lazzara on 11/04/2009 and/or 11/05/2009 in exchange for Defendants’ bribes. Defendant Lazzara had falsely and fraudulently pretended, e.g.:

a. “Frivolity” of Plaintiffs’ claims for relief;

b. A “resolution” [prima facie scam “O.R. 569/875”], which never legally existed and never transferred any property interest or title to Lee County, Florida;

c. A “park”, which was never platted or subdivided, PB 3, PG 25 (1912).

SUPPRESSED PRIMA FACIE EVIDENCE OF PUBLIC CORRUPTION

3. Here during the pendency of facially fixed Case “Prescott v. Black, No. 2:09-CV-602-UA-MAP” named party Defendant objectively corrupt Judge Lazzara perpetrated extrinsic fraud and fraud on the Courts, when, e.g., Defendant Lazzara concocted “frivolity” and a “resolution” [fake “claim” and scam “O.R. 569/875”], which Defendant Lazzara knew and fraudulently concealed could not have possibly created or transferred any interest or estate in the Plaintiff declared riparian street Owners’ Gulf front street and subject Parcel # 12-44-20-01-00015.015A [“A” for “ACCRETED”] to Lee County, Florida.

FLAWED JUDICIAL REVIEW OF ONLY 103 PAGES OF COMPLAINT

4. The Plaintiff declared unimpeachable riparian record Owners are entitled to

a. Redress their conclusively evidenced Governmental grievances;

b. Impartial and intelligent judicial review of their entire Complaint and not just 103 pages or less than half of their Complaint;

c. Be free from patently clear Governmental corruption and oppression as conclusively proven by the public record.

ERRONEOUS AND INAPPROPRIATE ORDER

5. In the prima facie absence of hundreds of pages of Plaintiffs’ Complaint, said “Order Transferring and Closing Case” was facially and objectively erroneous and inappropriate. Plain and short, said inappropriate “Order” serves the unlawful purpose of extending the conclusively proven public corruption and case fixing by Defendant corrupt Judge Richard A. Lazzara.

NON-ACCEPTANCE OF DE NOVO CASE FIXING EVIDENCE

6. The Federal Court(s) did not accept as true the conclusive evidence of case fixing in exchange for Defendants’ bribes by named party Defendant objectively partial and corrupt Judge Richard A. Lazzara, who deliberately deprived the Plaintiffs of Lazzara’s absolutely mandatory recusal under 28 U.S.C. § 455 for the unlawful purpose of defrauding the Plaintiff declared riparian property Owners:

“A review of the complaint reveals that this case relates to Prescott v. Black, No.2:09-CV-602-UA-MAP, which was previously pending before the Honorable Richard A. Lazzara in United States District Court for the Middle District of Florida. Because this case appears to be based on the same facts as the case dismissed [fixed in exchange for Defendants’ bribes] by Judge Lazzara, the Court finds that transfer to the Middle District of Florida is appropriate.”

DE NOVO EVIDENCE OF FORGED “JUMPING” RANGE LINES & SURVEY

7. In particular, the Plaintiffs had conclusively evidenced de novo evidence of forged “jumping” and discontinuous “Range” and/or longitudinal lines in Defendants’ Survey of the subject Cayo Costa Subdivision, PB 3, PG 25 (1912). Here, the Defendants perverted and conspired to pervert said “Range” lines, which are based on the U.S. Governmental Survey System and an integral part of the S-T-R-A-P [for Section-Township-Range] Number system, which also served to identify Plaintiffs’ Constitutionally protected riparian Gulf-front property.

DE NOVO EVIDENCE OF PLAINTIFFS’ OWNERSHIP OF MORE THAN 2.6 ACRES

8. Furthermore, the Court completely ignored the 11/17/2009 de novo evidence of perjury by Defendant Lee County Agricultural Specialist Roger Alejo, who admitted under oath that

a. The natural boundary of Plaintiffs’ riparian street and Parcel # 12-44-20-01-00015.015A as legally described and conveyed in reference to said 1912 Plat, PB 3, PG 25, is the “Gulf of Mexico”;

b. The record size and/or area of Plaintiffs’ riparian property “on the Gulf of Mexico” is more than 2.6 Acres.

DE NOVO EVIDENCE OF LEE COUNTY CRIMINAL COERCION & “RACKET”

9. Defendants Kenneth M. Wilkinson and Jack N. Peterson demanded “$5,000.00” for the unlawful purpose of criminally coercing the Plaintiffs to refrain from prosecution and litigation and from blowing the whistle on Lee County’s complained about facial forgeries and fraud schemes.

NO RANDOM RE-ASSIGNMENT IN ORDER TO FIX CASE AGAIN

10. Rather than randomly re-assign the Case, the Court “handed” the Case back to objectively corrupt and partial Judge Lazzara for what appears to become another criminal act of case fixing in exchange for Defendants’ bribes. Here patently clearly, the Court has been incapable of policing itself and its own and deceives the public under false pretenses of “frivolity” and a fake “resolution”. Under public policy, no judge is above the law. Here, Defendant Judge Richard A. Lazzara is to be prosecuted just like any other common criminal. Here, Richard A. Lazzara has no immunity for his case fixing and obstruction of justice. After extending the conclusively proven “Lee County” record forgeries and/or fraud schemes, Lazzara fraudulently and unintelligently pretended “frivolity” to keep the Plaintiff whistleblowers away from Court.

THE RECORD JUDICIAL FRAUD VIOLATES INTERNATIONAL LAW

11. The Federal Courts have been violating international law in these Cases. The Plaintiff riparian street and subject Parcel record Owners also enjoy non-U.S. citizenships [European Union and other]. Here, the blatant judicial fraud of record violates international agreements. Any reasonable reader can readily comprehend that after raping the law and the Federal and Florida Constitutions, the gang of Defendant rogue American Judges believes to be above the law and get away with, e.g., obstruction of justice, deliberate deprivations, extrinsic fraud, and fraud on the Courts. Such trashing of the said Constitutions is a disgrace and will further diminish America’s reputation in the world.

WHEREFORE, the declared Plaintiff riparian street record Owners respectfully demand

1. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of obstructing justice, deliberately depriving and defrauding the Plaintiff riparian street and subject Parcel Owners;

2. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of fraudulently concealing the publicly recorded corruption and case fixing in exchange for Defendants’ bribes;

3. An Order relieving the Plaintiff unimpeachable record riparian street and subject Parcel Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of a non-existent and unplatted “park”, which was never subdivided by original Subdivision Owner and Developer Alexander C. Roesch in 1912, PB 3, PG 25;

4. An Order for compensatory damages against all Defendants;

5. An Order enjoining the Defendant Officials from said “Lee County” forgeries and fraud schemes and public governmental corruption;

6. An Order enjoining Defendant Cynthia A. Pivacek from any unlawful “attorney review” extrinsic fraud scheme, and obstruction of Plaintiffs’ Constitutional right to court access and to redress their grievances;

7. An Order declaring that, through the mere passage of time, Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ perfected and unencumbered record title to said admittedly riparian Gulf-front street and Parcel # 12-44-20-01-00015.015A, which touches and abuts the “Gulf of Mexico” pursuant to said 1912 record Subdivision Plat and the newly discovered evidence;

8. An Order enjoining Lee County, the State of Florida, and its Officials from maliciously misconstruing said referenced 1912 Subdivision Plat of Survey, PB 3, PG 25, and the natural record boundary and monument of the “Gulf of Mexico” and “Charlotte Harbor”;

9. An Order enjoining, in particular, fraudulent “Lee County” “land claim” and scam “O.R. 569/875”, which never legally existed and was never legally recorded;

10. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”, which never legally existed and was never legally recorded;

11. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 07-44-21-01-00001.0000”, which never legally existed and was never legally recorded;

12. An Order enjoining said fraudulent “Lee County” land ownership “claims” in the prima facie absence of any Lee County title;

13. An Order enjoining any trespass onto said private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912), by Lee County, the State of Florida, its Officials, and the public;

14. An Order enjoining any trespass onto Plaintiffs’ private implied street and alley easements and onto Plaintiffs’ adjoining riparian street lands and private street easement “on the Gulf of Mexico” by Lee County, the State of Florida, its Officials, and the public;

15. An Order relieving the Plaintiff unimpeachable record riparian Gulf-front street Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of non-existent and un-platted “parcels 12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” pursuant to said referenced 1912 Plat, PB 3, PG 25;

16. An Order for punitive damages against all Defendants;

17. An Order for relief from the fraudulent Judgments in the related Cases and Appeals;

18. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who fraudulently concealed Plaintiffs’ unimpeachable riparian street Ownership as dispositively declared by the 11^th Circuit on 04/21/2009;

19. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who extended said crimes, and public governmental corruption, forgeries, and fraud schemes under fraudulent and false pretenses of “frivolity”;

20. An Order for the recusal of named party Defendant objectively corrupt and partial U.S. District Judge Richard A. Lazzara, because he was under an absolute self-enforcing recusal obligation under 28 U.S.C. § 455.

Respectfully submitted,

_________________________________

/S/JENNIFER FRANKLIN PRESCOTT

Crime and Public Corruption Victim; Plaintiff, pro se

P.O. BOX 845, Palm Beach, FL 33480

T: 561-400-3295

______________________________________

/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.

Public Corruption and Crime Victim; Plaintiff, pro se

State Certified Res.Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;

Consulate General of the Federal Republic of Germany

C/o Legal and Consular Department

100 N. Biscayne Blvd., Suite # 2200, Miami, FL 33132

T: 239-595-7074; E-mail at: http://VABLeeCounty.blogspot.com/ and/or JRBU@aol.com

EXHIBITS

A. 1912 Plat of Survey of the facially undedicated private residential Cayo Costa Subdivision on Cayo Costa Island in Lee County, Florida, Plat Book 3, page 25;

B. 2008 Survey of Plaintiff’s riparian Gulf-front Parcel # 12-44-20-01-00015.015A;

C. 2008 Survey depicting Plaintiffs’ riparian Parcel “on the Gulf of Mexico” and its

a. Controlling natural “Gulf of Mexico” boundary and monument;

b. 2,300 ft plus depth;

c. 2.6 plus Acres area and size of

Plaintiffs’ riparian Gulf-front Parcel 12-44-20-01-00015.015A;

D. 2008 Survey depicting Plaintiffs’ riparian “paper” street lands and street easement “on the Gulf of Mexico” and the

a. Controlling natural “Gulf of Mexico” boundary and monument;

b. 2,170 ft plus depth of;

c. 2.6 plus Acres area and size of

Plaintiffs’ riparian Gulf-front Parcel 12-44-20-01-00015.015A as platted and legally described in 1912, PB 3, PG 25;

E. Plaintiffs’ Deed to their riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”;

F. 1912 Plat of private riparian undedicated residential Cayo Costa Subdivision, Lee County Plat Book 3, p. 25;

G. Transcript of 11/17/2009, PM, Lee County Value Adjustment Board Hearing at the Offices of the Lee County Property Appraiser [Martina Court Reporting];

H. 12/29/2000 Lee County Memorandum, in which the Lee County Attorney’s Office asserted the prima facie lack of any dedication of the private street and alley easements across the private residential Cayo Costa Subdivision;

I. Transcript of 11/07/2007 Proceedings in the U.S. District Court, Case # 2:07-CV-228-FtM-JES(RECUSED)-SPC(RECUSED);

J. Defendant Kenneth M. Wilkinson’s Answers to Interrogatories;

K. “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, as signed and filed in the Lee County Circuit Court, Case # 06-CA-003185, by Defendant Reagan K. Russell;

L. Def. Jack N. Peterson’s 10/14/2009 Letter of Criminal Coercion & Demand of $5,048.60;

M. “Affidavit of Charles B. Stevens”, dated 06/06/2009; “Exhibit A”; as attached to “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, and filed in the Lee County Circuit Court, Case # 06-CA-003185;

N. “Affidavit of Charles B. Stevens”, dated 06/25/2009; “Exhibit B”; as attached to “Defendants’ Motion for Temporary Injunction”, dated 08/29/2008, and filed in the Lee County Circuit Court, Case # 06-CA-003185.

CC: Frederico A. Moreno

Federal Bureau of Investigation

Florida Department of Law Enforcement

Governor Charlie Crist

Eric H. Holder, Jr., U.S. Attorney General, et al.

The Florida Bar

LEE COUNTY LAND GRAB

VIEW OF PRIVATE ACCRETED LANDS

CAYO COSTA SUBDIVISION, PB 3, PG 25 (1912)

PUBLIC CORRUPTION PRESS RELEASE

RICHARD A. LAZZARA EXTENDS LEE COUNTY PUBLIC CORRUPTION

LEE COUNTY’S JACK N. PETERSON CAUGHT ON WIRE/RECORD

“The Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to …”

See Lee County PB 3, PG 25; PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; see West Peninsular Title Co. v. Palm Beach County, 41 F.3d 1490, 1492 n.4 (11^th Cir.), cert. denied, 516 U.S. 932, 116 S. Ct. 338, 133 L. Ed. 2d 237 (1995).

BRIBERY, CASE FIXING, AND PUBLIC CORRUPTION

1. In exchange for Defendants’ bribes, named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara fixed and “sua sponte dismissed” on 11/05/2009 Plaintiffs’ conclusively evidenced and highly meritorious Complaint and allegations, which included, e.g., fraud, extrinsic fraud, fraud on the Courts, deliberate deprivations under 18 U.S.C. §§ 241, 242, and 42 U.S.C. §§ 1983, 1985, 1988 directly under the Federal and Florida Constitutions and the 1^st, 4^th, 14^th, 5^th, and 7^th U.S. Constitutional Amendments.

FRAUDULENT CONCEALMENT

2. In exchange for Defendants’ bribes, named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara fraudulently concealed Plaintiff unimpeachable Record Owners’ free and clear record title to their Gulf front street, easement, and subject Parcel 12-44-20-01-00015.015A under false and fraudulent pretenses of a purported “resolution”, Lee County sham “claim” and scam “O.R. 569/875”, which Lazzara knew could not have possibly conveyed any title, interest, or estate to Lee County, Florida. In exchange for Defendants’ bribes, named party Defendant Lazzara extended and conspired with other Officials to extend Lee County public corruption, facial forgeries, and fraud schemes under false pretenses of alleged “frivolity” of Plaintiffs’ conclusively proven allegations of the facial criminality and illegality of Lee County public corruption and Lee County facial forgeries of “ownership” in the prima facie absence of any Lee County title or interest of record. See Lee County Plat Book 3, Page 25 (1912); PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631.

FALSE PRETENSES

3. In exchange for Defendants’ bribes, named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara falsely and fraudulently pretended that Plaintiff unimpeachable record title holders complaint and conclusive reliable record evidence of Lee County fraud and public corruption was “patently frivolous, vexatious, and harassing with little or no chance of success”. Here, Defendant objectively unfit, partial, and corrupt Judge Lazzara perverted Florida’s Constitution, eminent domain, and self-enforcing Marketable Record Title Act under false pretenses of “frivolity” and a purported “resolution” that named party Defendant Richard A. Lazzara knew had never legally existed and was never legally recorded. See Lee County PB 3, PG 25 (1912); PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631.

ADOPTION OF FEDERAL COMPLAINT OF GOV. CORRUPTION BY REFERENCE

4. The Plaintiff unimpeachable adjoining riparian “paper” street, private implied easement, and subject Parcel record owners and title holders here adopt their attached [see Exhibit] Federal Complaint. Plaintiffs’ causes of action against the Governmental Officials include, e.g., fraud, extrinsic fraud, fraud on the Courts, public corruption, perjury, forgery, bribery, and case fixing.

ENTITLEMENT TO RELY ON FED. APP. DECLARATION OF RECORD TITLE

5. Under public policy and Florida’s self-enforcing Marketable Record Title Act, the Plaintiffs were entitled to rely on the conclusive and un-rebutted conclusive public record title evidence, their unimpeachable and unencumbered riparian record ownership of their Gulf-front street lands and private street easement as conveyed in reference to the 1912 Plat of Survey of the facially undedicated private residential Cayo Costa Subdivision, Lee County Plat Book 3, p. 25. See PB 3, PG 25 (1912); PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631.

PERVERSION OF PUBLIC RECORD AND UNIMPEACHABLE RECORD TITLE

6. Here, named party Defendant objectively corrupt and partial U.S. Official and/or Defendant Richard A. Lazzara was estopped from corrupting and perverting Plaintiffs’ unimpeachable and unencumbered record title to and ownership of their riparian “paper” street, private easement, and subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”. See PB 3, PG 25 (1912); PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631. Here in exchange for bribes, said named party Defendant Lazzara perverted and corrupted the 04/21/2009 dispositive Declaration of Plaintiffs’ unimpeachable and unencumbered riparian street and subject Parcel ownership by the U.S. Court of Appeals for the 11^th Circuit.

CRIMINAL COERCION

7. Named party Defendant objectively unfit and corrupt Richard A. Lazzara had an interest in the outcome of Plaintiffs’ Cases and criminally coerced the Plaintiff riparian street and Gulf-front subject Parcel record Owners to refrain from his prosecution…

ROGER DESJARLAIS PUBLIC CORRUPTION

ROGER DESJARLAIS FEDERAL CORRUPTION COMPLAINT

DEFENDANT ROGER DESJARLAIS

1. The Plaintiff declared unimpeachable record owners of said platted riparian subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” sue Defendant Roger Desjarlais in his private individual and official capacity [“Deputy Chief”; Lee County Property Appraiser’s Office].

2. This legal action is also based on Defendant Roger Desjarlais’ criminal acts of record such as, e.g., deliberate deprivations, fraud, and conspiracy under 18 U.S.C. §§ 241, 242.

FRAUDULENT CONCEALMENT

3. Maliciously, Defendant Roger Desjarlais misconstrued the 1912 record Plat of Survey of the undedicated private residential Cayo Costa Subdivision. Said Defendant knew and concealed that pursuant to said 1912 record Plat, all lands between the natural boundaries of the “Gulf of Mexico” on the West side and “Charlotte Harbor” on the East side of said Lee County residential private undedicated Subdivision have been the “property of A.C. Roesch” and/or his successors-in-title, who paid any and all property taxes since 1912. Because Lee County, FL, had never paid any property taxes, and/or asserted any claim, adverse possession was factually and legally impossible. No eminent domain judicial proceedings ever took place. Desjarlais fraudulently concealed and conspired to conceal that only a judgment in a court of law pursuant to Florida’s strict eminent domain and/or adverse possession Statutes could have possibly transferred record title to Lee County, FL.

4. Here, Defendant Desjarlais knew and concealed that the Plaintiff unimpeachable record owners hold exclusive unencumbered and automatically quieted record title to the Lee County riparian subject Parcel # 12-44-20-01-00015.015A, which touches the “Gulf of Mexico”, Plat Book 3, page 25 (1912). In particular, Desjarlais knew that any and all “Lee County” involuntary alienation “claims” were factually and legally impossible and fraudulent. No judicial due process and/or proceedings had ever taken place. No title ever transferred to Lee County, FL.

5. Defendant Roger Desjarlais fraudulently concealed

a. Plaintiffs’ true marketable and automatically quieted record title to;

b. Plaintiffs’ true and unimpeachable riparian record ownership of;

c. The true record legal boundary of the “Gulf of Mexico” on the West side of;

d. The true record Parcel area of more than 2.6 Acres of; and

e. The true record Parcel depth of more than 2,300 ft of

Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”, PB 3, PG 25 (1912).

6. Defendant Roger Desjarlais fraudulently concealed, e.g., the

a. Fraud of facially forged and unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”;

b. Fraud of facially forged and unplatted “Lee County” “parcel 07-44-21-01-00001.0000”;

c. Fraud of forged “Lee County” “claim” “O.R. 569/875”, which never legally existed;

d. Facial fraud of a forged and unplatted “park”, which never legally existed, PB 3, PG 25;

e. Fraud of falsely pretended involuntary alienation by facial scam “O.R. 569/875”.

7. Defendant Roger Desjarlais knew and fraudulently concealed that

a. Lee County never held any record title to Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which admittedly adjoins and/or touches “the Gulf of Mexico”.

b. No property interest and/or estate in Plaintiffs’ said 2.6 plus Acres riparian Parcel “on the Gulf of Mexico” ever transferred to Lee County;

c. The Plaintiffs hold exclusive unimpeachable marketable record title to riparian Parcel # 12-44-20-01-00015.015A, which admittedly abuts and touches “the Gulf of Mexico”;

d. Florida’s Marketable Record Title Act [M.R.T.A.] had automatically quieted and perfected Plaintiffs’ free and clear record title, which was derived from the Federal Land Patent recorded in the Lee County, Florida, public records and Grantor/Grantee Index.

e. Lee County never owned Plaintiffs’ riparian 2.6 plus Acres Gulf-front Parcel # 12-44-20-01-00015.015A.

f. Lee County, Florida, never asserted any “claim” to Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which abuts “the Gulf of Mexico”.

g. Even if [merely arguendo and/or hypothetically] Lee County would have asserted a colorable “claim” [which Lee County never did], Florida’s Marketable Record Title Act would have automatically extinguished and/or barred such a fictitious “claim”;

h. The Lee County Property Appraiser’s Office fraudulently pretended “Lee County” “ownership” of Plaintiffs’ riparian street land and private street easement, which abuts the “Gulf of Mexico” [Parcel # 12-44-20-01-00015.015A] as subdivided and platted by the original Cayo Costa Subdivision Owner and Developer Alexander C. Roesch, PB 3, PG 25 (1912);

i. Defendants Roger Desjarlais and Kenneth M. Wilkinson fraudulently pretended “Lee County” “ownership” of Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A, which abuts the “Gulf of Mexico” as admitted by Roger Alejo under oath on 11/17/2009, PM, and conclusively evidenced by said Plat Book 3, p. 25.

FRAUDULENT CONCEALMENT OF PRIVATE STREET & ALLEY EASEMENTS,

LEE COUNTY PLAT BOOK 3, PAGE 25 (1912); WWW.LEECLERK.ORG

8. Defendant Roger Desjarlais knew and/or fraudulently concealed that

“The plat for Cayo Costa Subdivision [Lee County Plat Book 3, p. 25 (1912)] indicates a 60-foot wide roadway easement.”

“The plat to Cayo Costa Subdivision is recorded at Plat Book 3, Page 25. The recorded plat designates roadways throughout the subdivision; however, there is no dedication of the roads to the public indicated on the plat.”

See 12/29/2000 “Memorandum from the Office of [Lee] County Attorney, Joan C. Henry”;

see www.LeeClerk.org; PB 3, PG 25 (1912).

9. Here, in the known and publicly recorded prima facie absence of any dedication of the private platted “paper” street and alley easements, PB 3, PG 25 (1912), to the public, said Defendant Desjarlais and the other Officials knew that Lee County, Florida, could not have possibly been the owner of Plaintiffs’

a. Record private Subdivision street and alley easements as conveyed by implied covenant;

b. Record private adjoining riparian street lands and street easement along the natural boundary of the “Gulf of Mexico”, which were conveyed as an integral part of Plaintiffs’ riparian subject Parcel # 12-44-20-01-00015.015A, PB 3, PG 25.

MATERIAL AND MALICIOUS MISREPRESENTATION

10. Defendant Roger Desjarlais materially and maliciously misrepresented

a. Plaintiffs’ true, unimpeachable, and free and clear record ownership of;

b. Plaintiffs’ true marketable, automatically quieted, and perfected record title to;

c. The true platted “Gulf of Mexico” record legal subject Parcel boundaries of;

d. The true record subject Parcel depth of more than 2,300 ft of; and

e. The true record subject Parcel area of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”.

VIOLATION OF HOUSE BILL 521

WILLFUL USE OF FRAUDULENT & DECEPTIVE APPRAISAL METHODOLOGY

11. With wanton disregard for the truth and conclusive public record evidence, Defendant Desjarlais violated House Bill 521 (H.B. 521). Here, Desjarlais knew that in the 2009 legislative session, an important change to Florida Statutes was passed and then approved by Governor Crist on June 4, 2009. See 194.301, F.S., as amended by Ch. 2009-121, Laws of Florida (H.B. 521). In this case, Defendant Desjarlais, the “Deputy Chief”, had the burden of proof, and perverted the truth. Here, Desjarlais knew, concealed, and conspired to conceal that the forged depth of “135 feet” could not have possibly been the true record subject Parcel depth of more than 2,300 feet. In particular, Desjarlais knew that more than 2,300 feet separated the Eastern subject Parcel boundary from the admitted Western “Gulf of Mexico” natural legal boundary on the record. See Defendant Desjarlais’s Geographical Information System (G.I.S.) data on record.

12. Pursuant to § 194.301, the Plaintiff exclusive property taxpayers and unimpeachable record title holders have been entitled to a determination by the Courts of the appropriateness of the appraisal methodology used in making the assessment and/or agricultural use classification of Plaintiffs’ 2.6 plus Acres riparian Gulf-front Parcel. The value and use classification of Plaintiff Petitioners’ Constitutionally protected property [Lee County riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”] had to be determined by an appraisal methodology that complies with the criteria of § 193.011 and professionally accepted appraisal practices. Defendant Desjarlais knew that Defendant Alejo’s perjury and forged “fixed boundary” and their fabrications of an un-platted and fictitious “135 ft x 50 ft” “lot” violated Ch. 193, and § 193.011. Here, Defendant Desjarlais knew and concealed that Defendant Alejo perjured himself and recklessly perverted of, e.g.:

a. The true riparian Gulf-front subject Parcel area and/or size of more than 2.6 Acres;

b. The true riparian Gulf-front subject Parcel depth of more than 2,300 feet to the “Gulf of Mexico”;

c. Plaintiffs’ true unimpeachable record ownership of said 2.6 plus Acres riparian subject Parcel, which admittedly abuts and/or touches the “Gulf of Mexico”.

Here, Defendant Roger Desjarlais knowingly used and conspired to use fraudulent appraisal methodology for the unlawful purpose of defrauding and deliberately depriving the Plaintiff unimpeachable record title holders of said automatically quieted, unencumbered and paramount title to said 2.6 plus Acres riparian subject Parcel.

FORGERY

13. Defendant Roger Desjarlais forged, and conspired to forge, e.g., the

a. Ownership data pertaining to;

b. Title information to;

c. Legal boundary data of;

d. Depth of; and

e. Area, size, and/or Acres of;

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A, which admittedly is bounded by and touches the “Gulf of Mexico”, PB 3, PG 25 (1912).

BREACH OF PUBLIC TRUST

14. Defendant Roger Desjarlais breached the public trust and wrongfully concealed

a. Plaintiffs’ true, unimpeachable, and perfected record ownership of;

b. Plaintiffs’ true marketable and automatically quieted record title to;

c. The true record “Gulf of Mexico” natural legal boundary of;

d. The true record subject Parcel depth of more than 2,300 ft of; and

e. The true record area of more than 2.6 Acres of

Plaintiffs’ riparian Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” for the unlawful purpose of defrauding and deliberately depriving the Plaintiffs and unimpeachable record owners of platted real property in the private undedicated residential Cayo Costa Subdivision, Lee County Plat Book 3, page 25 (1912).

CIVIL AND CRIMINAL FRAUD

15. Defendant Roger Desjarlais fraudulently pretended that

a. The Plaintiffs allegedly did not own their riparian “paper” street lands and private street easements “on the Gulf of Mexico”, which was a reckless perversion and misconstruction of Plaintiffs’ grant in reference to said 1912 record Plat;

b. The Plaintiffs purportedly did not apply for agricultural classification of their riparian Gulf-front lands and private accreted riparian Gulf-front street easement;

c. Plaintiffs’ riparian 2.6 plus Acres Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” had

i. A depth of only “135 feet” [rather than the true more than 2,300 feet to the natural “Gulf of Mexico” monument and boundary];

ii. An area of only 6,750 square feet or approx. 0.15 Acres [rather than the true more than 2.6 plus Acres];

iii. Plaintiffs’ adjoining riparian street lands and private street easement were purportedly “owned” by “Lee County” in the prima facie absence of any “Lee County” title to Plaintiffs’ platted record “paper” street and accretions thereto, which abut and/or touch the “Gulf of Mexico”.

16. Here, Defendant Roger Desjarlais’ fraudulent concealment of the true platted record natural Parcel and Subdivision boundary of the “Gulf of Mexico” defrauded the Plaintiff unimpeachable record owners of, e.g.:

a. More than 94 [ninety four] % of their Constitutionally protected riparian lands and Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”;

b. Plaintiffs’ private and unencumbered street and alley easements across said admittedly private undedicated residential Subdivision, PB 3, PG 25 (1912).

DEFAMATION AND LIBEL

17. When the Plaintiffs blew the whistle on said egregious fraud and public corruption, Defendants Roger Desjarlais and Kenneth M. Wilkinson defamed and conspired with other State and County Officials to defame the Plaintiffs as “vexatious” and “litigious”. Rather than answer to Plaintiffs’ conclusively proven allegations, said Defendants fraudulently pretended that Plaintiffs’ claims for relief were “frivolous” and that Plaintiffs’ owned a forged “0.15 Acres” “fixed boundary” lot rather than the record 2.6 plus Acres Parcel of public record, which forever is bounded by the ever-changing “Gulf of Mexico”.

DELIBERATE DEPRIVATIONS

18. Defendant Roger Desjarlais knew and concealed that the Plaintiffs have a Constitutionally guaranteed right to own the entire width [50 ft] of their riparian street land and private implied street easement along the “Gulf of Mexico” [2.6 plus Acres riparian Parcel # 12-44-20-01-00015.015A] as platted and subdivided, Lee County PB 3, PG 25 (1912).

19. Plaintiffs bought their riparian Gulf-front Parcel # 12-44-20-01-00015.015A in reference to said 1912 Plat of Survey of the undedicated private residential Cayo Costa Subdivision, Lee County Plat Book 3, p. 25 (1912).

20. Defendant Roger Desjarlais deliberately deprived the Plaintiffs of their fundamental Constitutional right to own and exclude the Government and public from their

a. Private 2.6 plus Acres riparian Gulf-front Parcel # 12-44-20-01-00015.015A;

b. The platted private implied street and alley easements all over said undedicated private Subdivision, PB 3, PG 25.

CONSPIRACY

21. Defendant Roger Desjarlais agreed and/or conspired with Defendant Kenneth M. Wilkinson and other Lee County Officials to fraudulently pretend, e.g., that

a. The Plaintiffs only own the paltry fraction of “135’ x 50’” of their riparian Gulf-front Parcel # 12-44-20-01-00015.015A with a surveyed area (2008) of approximately more than 2.6 Acres in size. See Exhibit: 2008 Survey of Plaintiffs’ 2.6 plus Acres riparian Gulf-front Parcel. See also Geographical Information System data for and Aerial Photography of Plaintiffs’ 2.6 plus Acres riparian subject parcel at Defendants’ website: www.LeePA.org.

b. The Plaintiff unimpeachable riparian record owners purportedly only own the paltry and un-platted area of 6,750 square feet [135’ x 50’] of their 2.6 plus Acres riparian subject Parcel # 12-44-20-01-00015.015A rather than the true record area of approximately more than 2.6 Acres as surveyed [2,300 plus feet x 50 feet];

c. Lee County owns Plaintiffs’ riparian street lands and private street easement “on the Gulf of Mexico” in the prima facie absence of any Lee County title, adverse possession, eminent domain, and/or involuntary alienation proceedings.

TRESPASS

22. Defendant Desjarlais and his material misrepresentation encouraged the public to trespass onto, e.g.

a. Private Cayo Costa Subdivision lands, PG 3, PG 25;

b. Private implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25 (1912);

c. Plaintiffs’ 2.6 plus Acres riparian Parcel 12-44-20-01-00015.015A “on the Gulf of Mexico”;

d. Plaintiffs’ adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft]

23. Defendant Desjarlais and his fraudulent data encouraged the public to start open fires, camp, and erect tents on Plaintiffs’ private implied street and/or alley easements within the facially undedicated Cayo Costa Subdivision, PB 3, PG 25 (1912), which endangered the Plaintiffs’ lives and destroyed their property. See, e.g., April 2008 Cayo Costa Fires Reports and Records.

WIRE AND/OR INTERNET FRAUD

24. Defendant Desjarlais used the wires and/or Internet [see, e.g., www.LeePA.org] to materially misrepresent the true record riparian ownership of, e.g., Plaintiffs’

a. Record private Cayo Costa Subdivision street and alley easements, PB 3, PG 25 as conveyed by implied covenant;

b. Record adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

OBSTRUCTION OF JUSTICE AND REAL PROPERTY & CONSTITUTIONAL LAW

25. Defendant Roger Desjarlais perverted the truth and conclusive and reliable public record evidence of Plaintiffs’ unimpeachable and unencumbered record ownership of and automatically quieted title to Plaintiffs’

a. Record private platted Cayo Costa Subdivision street and alley easements, PB 3, PG 25 as granted by implied covenant;

b. Record adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

26. Roger Desjarlais knew, fraudulently concealed, and conspired to conceal that the Plaintiffs have fundamental Constitutional rights to own and exclude Government(s) and the public from their

a. Private platted implied Cayo Costa Subdivision street and alley easements, PB 3, PG 25;

b. Plaintiffs’ adjoining riparian “paper” street lands and private street easement along the “Gulf of Mexico” with a depth of more than 2,170ft [more than 2,300ft-130ft].

27. Here, Defendant Desjarlais knew and fraudulently concealed that Lee County, Florida, never held title to Plaintiffs’ said Constitutionally protected property. Said Defendant Desjarlais deliberately obstructed the just and timely adjudication of the pro se Plaintiff riparian street and subject Parcel owners’ claims for relief by fraudulently pretending, e.g., “frivolity” of Plaintiffs’ causes of action and allegations, which had been conclusively proven by the public record evidence such as, e.g., PB 3, PG 25 (1912). Said Defendants deliberately deprived and defrauded the Plaintiff riparian street land owners under fraudulent pretenses of “frivolity” and a “Lee County” “resolution” [“O.R. 569/875”], which they concealed, and conspired to conceal, could not have possibly created and/or transferred any interest and/or estate to Lee County, Florida. Here, said Defendant interfered with the orderly administration of justice and real property law by giving false information and withholding evidence. In particular, said Defendant Desjarlais gave false and fraudulent information about

a. “Lee County” facially forged “parcel 12-44-20-01-00000.00A0”, which A. C. Roesch had never platted, subdivided, or legally described in reference to said 1912 record Subdivision Plat.

b. “Lee County” facial forgery “O.R. 569/875”, which on its face, was not any instrument, muniment of title, or conveyance, but a prima facie fraud scheme and scam, which could not have possibly created and/or transferred any title, interest, and/or estate to Lee County, Florida;

c. “Lee County” facially forged “parcel 07-44-21-01-00001.0000”, which A. C. Roesch had never platted, subdivided, or legally described in reference to said 1912 record Subdivision Plat, PB 3, PG 25;

d. “Lee County” facially forged “park”, which A. C. Roesch had never platted, subdivided, or legally described in reference to said 1912 record Subdivision Plat, PB 3, PG 25;

e. “Lee County” forged and un-asserted sham “claim”, which the law does not recognize;

f. Plaintiffs’ unimpeachable and unencumbered record title to their adjoining platted riparian “paper” street lands and private street easement, which admittedly and indisputably touch and abut the “Gulf of Mexico” [see PB 3, PG 25, www.LeeClerk.org; public recordings of 11/17/2009 Lee County Value Adjustment Board Hearing: testimony and perjury of Defendant Roger Alejo];

g. Plaintiffs’ unimpeachable and unencumbered marketable record title to their adjoining riparian subject Parcel # 12-44-20-01-00015.015A, which extends to the ordinary high water mark of the “Gulf of Mexico” as platted and surveyed by, e.g., Measurement Science Corporation in 2008;

h. Plaintiffs’ unimpeachable and perfected marketable record title to their adjoining riparian “paper” street [unimpeachable title to which runs with Plaintiffs’ marketable title to subject Parcel # 12-44-20-01-00015.015A], which Florida’s self-enforcing Marketable Record Title Act had automatically quieted in the early part of the last century.

28. On 04/21/2009, the 11^th Federal Appellate Circuit had dispositively declared the Plaintiffs the unimpeachable record owners of their riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A, marketable unencumbered title to which had been automatically quieted by Florida’s self-enforcing Marketable Record Title Act:

“The [Plaintiffs’-]Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to land that was claimed through resolution 569/875 to create the Cayo Costa State Park.”

See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631.

Here, said Defendant Desjarlais fraudulently concealed that the “Cayo Costa State Park” is “adjacent to” and entirely North of the riparian private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912). No “park” exists in the riparian and facially undedicated private Cayo Costa Subdivision pursuant to said 1912 Subdivision Plat of Survey. Here, Lee County never asserted any “claim”. No title ever transferred to Lee County by virtue of the fraudulently pretended “claim”.

PUBLIC CORRUPTION INVESTIGATION

PUBLIC CORRUPTION

1. Said Defendants perverted and materially misrepresented the conclusive public record evidence with the intent to give advantage to the State of Florida, Lee County, Florida, and Governmental Officials inconsistent with their official and fiduciary duties and the rights of the Plaintiff unimpeachable riparian street and subject Parcel Owners. Here at Plaintiffs’ expense and injury, said Defendants fraudulently procured rights for the State, “Lee County”, and Officials contrary to Plaintiffs’ Constitutionally protected right to own and exclude Government(s) and the public from their private undedicated riparian Gulf-front street and subject Parcel.

2. Here, said Defendants and the other corrupt Governmental Officials fraudulently concealed and conspired to conceal that the “Lee County” forgeries could not have possibly put a “cloud” on Plaintiffs’ unimpeachable and unencumbered marketable record title to their riparian Gulf-front street and subject Parcel pursuant to Florida’s self-enforcing Marketable Record Title Act.

3. Plaintiffs’ unimpeachable marketable record title in reference to said 1912 Plat showed not only the intent to convey the property as platted, but also an intention to convey all property and all interest that the Grantor, A. C. Roesch, had in any of the streets and alleys included in said 1912 Plat referred to, PB 3, PG 25, pursuant to the record Federal Land Patent root title in the Lee County Grantor/Grantee Index and U.S. Index. This necessarily included the conveyance of any and all streets and alleys. There is nowhere any language that shows any intent on the part of the Grantor to reserve any land. Here, the conveyance was made according to a Plat and conveyed all interest in the platted streets and alleys. Here, Plaintiffs’ unimpeachable record conveyance gave their conveyed riparian Gulf-front street land the natural water boundary of the “Gulf of Mexico” [as admitted on 11/17/2009 by Defendant Alejo under oath] and consequent unimpeachable record riparian rights. Here, the Plaintiffs are unimpeachable record riparian owners, just like the Grantor, A. C. Roesch, with all rights and privileges thereto attached.

4. The 3 (three) publicly recorded plats of the facially riparian undedicated private residential Cayo Costa Subdivision, Lee County Plat Book 1, pages 48, 51, 52, which preceded the 1912 Plat, had conclusively proven the equal riparian rights of the Plaintiff Grantees, who are successors-in-title to Grantor A. C. Roesch. Here, the Plaintiff Grantees had the very same and equal conveyed riparian rights of Grantor A. C. Roesch, which included the publicly recorded right to receive accretions onto Plaintiffs’ Gulf-front street.

5. Here, A. C. Roesch had received all of the riparian Gulf-front subject Parcel # 12-44-20-01-00015.015A by process of ACCRETIONS, hence the “A” in “015A” for “ACCRETIONS”, and the Plaintiff Grantees had the equal record riparian rights of A. C. Roesch.

6. The judicial determination of record Cayo Costa riparian ownership had also been made in JOHN LAY AND JANET LAY v. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OGC CASE NOs. 01-0203, 01-0204, DOAH CASE NOs. 01-1541, 01-1542, CASE NOs. DEP01-0860, DEP01-0876, and the Federal Courts must give full faith and credit to said ruling of record Cayo Costa riparian ownership with all appurtenant and vested riparian rights.

7. Said corrupt Defendants knew and/or fraudulently concealed that

“title to the lot owners extends to the outer limit of the street [Gulf of Mexico].”

Here, the “outer limit of the street” was the platted natural boundary and monument of the “Gulf of Mexico”, PB 3, PG 25 (1912). As admitted on 11/17/2009 under oath by Defendant Roger Alejo, Lee County Appraiser/Agricultural Specialist, Plaintiffs’ riparian street extended to the ordinary high water mark of the “Gulf of Mexico”. See Transcript of 11/17/2009 Value Adjustment Board Hearing. See also public recording on You Tube, Google Video, AOL Video, etc. Therefore here, the record depth of Plaintiffs’ subject Parcel increased from 190 feet [130 ft (riparian upland) + 60 ft (riparian Gulf front street)] at the time of the Subdivision platting in 1912, PB 3, PG 25, to more than 2,300 ft in 2008. Here, the Defendants knew that Defendant Roger Alejo had perjured himself when Alejo fraudulently and falsely pretended a purported depth of “135 ft”. Here, the Defendants knew that the depth of Plaintiffs’ riparian Gulf-front street alone was more than 2, 180 feet, and that “135 ft” could not have possibly reached “the outer limit of the street”, i.e., the shoreline of the “Gulf of Mexico”.

Plaintiffs’ unimpeachable record ownership of the accretion to the street was patently clear. As stated by Florida Attorney William L. Stewart, Stewart Keyes, in a 05/14/1997 letter on record:

“You have asked me about the ownership of the accretion to the area between Lots 2 and 3, Block 14, Second Revised Plat of Cayo Costa Subdivision and the Gulf of Mexico. The Plat of this subdivision does not have any dedication of easements for any purpose. It divides the property into numbered blocks with spaces between, which are obviously intended to be roads.”

“Our Supreme Court has repeatedly held that when a lot on a subdivision plat borders on a street, each lot owner owns to the street, and when the street is on the border of the subdivider’s property, title to the lot owners extends to the outer limit of the street. In the case of Caples v. Taliaferro, 197 So.861 the Supreme Court said:

‘There are also authorities holding that when a street of highway is laid out wholly on the margin of a grantor’s land, a conveyance of the lands abutting such street or highway carried the fee to the entire width of such street or highway…’”

“There now appears to be considerable accretion to this street bordering these lots. Since title to the land under the street belongs to you the accretion belongs to you. In the case of Mexico Beach Corporation v. St. Joe Paper Corporation, 97 So.2d 708, the Court said:

‘The common-law rule which vests title to soil formed along navigable waters by accretion or reliction in owners of abutting land is in force in Florida.’”

8. Here, unimpeachable record title to the land under Plaintiffs’ adjoining riparian Gulf-front street and the “considerable accretions thereto” belonged to the Plaintiffs as dispositively declared by the U.S. Court of Appeals for the 11^th Circuit on 04/21/2009:

“The [Plaintiffs’-]Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to land that was claimed through resolution 569/875 to create the Cayo Costa State Park.”

See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631. Here, said U.S. Court of Appeals followed Murrell v. United States, 269 F.2d 458 (5th Cir.1959) and West Peninsular Title Co. v. Palm Beach County, 41 F.3d 1490, 1492 n.4 (11^th Cir.), cert. denied, 516 U.S. 932, 116 S. Ct. 338, 133 L. Ed. 2d 237 (1995), in which the 11^th Circuit relied on said Florida Supreme Court ruling.

9. Here, the Plaintiffs were entitled to summary judgment in favor of Plaintiff unimpeachable record riparian street owners, because there was no genuine issue of material fact. Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ unencumbered and unimpeachable marketable record title to Plaintiffs’ riparian street and subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”.

10. Here, named party Defendant objectively partial and corrupt U.S. Judge Richard A. Lazzara perpetrated extrinsic fraud and fraud on the Courts when he fraudulently pretended “frivolity”, fixed Plaintiffs’ Cases, and kept the pro se Plaintiffs away from the Court(s) in exchange for Defendants’ bribes. Under public policy, Richard A. Lazzara has no immunity for his crimes, and the Plaintiffs are entitled to relief from Lazzara’s fraudulent Judgments in the related and/or associated Cases.

11. Here in particular, Defendant corrupt Judge Lazzara fraudulently concealed that the Supreme Cout held that if the subdivider's offer to dedicate land for street purposes, as evidenced by his plat, was never accepted or if such offer to dedicate was accepted and lawfully surrendered, the holder of title to property abutting such tract so offered for dedication held title to the middle of the street, as shown by the plat, relieved of the easement so far as the public was concerned. There are also authorities holding that when a street or highway is laid out wholly on the margin of a grantor's land, a conveyance of the lands abutting such street or highway carries the fee to the entire width of such street or highway unless expressly reserved.

12. Rather than answer intelligently and with integrity, Lazzara criminally corrupted the judical process, real property, and Constitutional law. In particular, Lazzara perverted Florida Supreme Court jurisprudence such as, e.g., Burns v. McDanial, 104 Fla. 526, 140 So. 314. Lazzara’s depravity is a disgrace and undermines public policy of stability of title to real property. Lazzara is to be impeached for his crimes and corruption. Here, Plaintiff marketable record title holders and owners of the entire width of their riparian Gulf-front street could not have possibly been “frivolous” and/or “vexatious” when they vindicated their fundamental Constitutional rights to own their riparian street property against the criminal acts by corrupt Governmental Officials such as, e,g., Richard A. Lazzara.