Mclaughlin:Demetrius-Antwon, Sui Juris c/o 41297-018 ... · comply with "0riginal writ" by performing assignment and bailment as bailee trust for existing express trust and its duties
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Mclaughlin:Demetrius-Antwon, Sui Jurisc/o 41297-018Florida State NationalFudicary/Beneficiaryof Natural Person CapacityP.O.BOX 1033Coleman, Florida, 33521
In Propria Persona .
Under Protest and bySpecial Visistation
IN THESUPREME COURT OF FLORIDA
SUPREME COURT OF FLORIDA CASE NO.
o ¶hereinafter "Petitioner") vs. Rick Scott Commander-In-ChiefR Governor for STATE OF FLORIDA
4 o e- pp llant/Petitioner Appellee/Respondent
z ccO LL.
ETITIONER'S PETITION FOR ISSUING WRIT OF PROHIBITION TO COMPEL GOVERNOR TOCOMPLY WITH "0RIGINAL WRIT" BY PERFORMING ASSIGNMENT AND BAILMENT AS BAILEE
TRUST FOR EXISTING EXPRESS TRUST AND ITS DUTIES OF THE SAID TRUST INTEREST
I. STATEMENT OF JURISDICTION
Pursuant to Rule 9.030(b)(1)(3) of the Fla.R.App.Proc., the Petitioner
herein and hereby invoking Original Jurisdiction of this Honorable Court
to enforce the "private right" of entitlement to service of the Corporate
STATE OF FLORIDA, by it's agent the Governor and Commander-In-Chief, either
by performance and/or execution of the Bailment as an Bailee or Trustee of
an existing "executed" Contract being a Trust with an filed Assignment of
said Trust interest. Whereas, here there having been an "Original Writ" issued
as an foreign judgment instituting the action at Common Law with an Decree
directing the Commander-In-Chief for Corporate STATE OF FLORIDA (sic) Rick
Scott. That action mandating the Governor to perform by acting as said Bailee
and/or Trustee of a filed Assignment having been executed by "Writ of
Assignment" id.at Aff. 16 pg 5 that Commission and Command said performance
thereof. The Common Law action having created a personal judgment an is in
fact existing as personal property having been assigned as chattel paper
being property of the Living Trust. Here, the agent Honorable Rick Scott
as Governor for Corporate STATE OF FLORIDA, having refuse to perform in His
"ministerial capacity" by carrying out the Commission and Command as mandate
by Common Law "Writs" thus, causing injury to Petitioner by denying Him of
His rights to secure property, right to his property and rights to use of
property.
The Corporate STATE OF FLORIDA, by it's agent Governor as Commander-In-
Chief having refused to act on Complaint id.at Aff.¶3 pg. 2 by enforcing
its agency, or agents County Recorder, for Clerk of Court's having violated
Florida Statute which requires performamce of acting in its ' ministerial
capacity of accepting Trust instruments, documents, presented for filing
and recording. Here, the County Recorder of the Clerk of Court's having
refused to accept said Trusts' its instruments, documents, has gave rise
to an injury being suffered. Thus, inaction of refusing to accept said Trusts'
their instruments, and documents, has by both County Clerks' of Recorder
deprive him of his right to secure property, its interest and right to receive
said benefits therein and causing a breach of contract. Further, the
Petitioner asserts that the Commander-In-Chief failure to perform his duty
of enforcing the complaints made against both County Clerk of Records violated
his "Ministerial duty" as said Commander-In-Chief.
Here, the Petitioner asserts that as in His capacity of an Beneficiary
to existing executed Living Trust and Custodial Trust id.at Aff.16 pg 6 as
established therein who now has ín fact suffered an injury to both his person
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as well as effecting the relationship between his Custodial Trustee. id.at
Aff.¶3. Thus, affecting his life, liberty, right in property. Due to Governor
Rick Scott continue to refuse to comply with said mandates and commands as
presented herein and therein of the "Original Writs" said refusal to perform
such "ministerial duty" that would include representing his interest and
assisting to securing said personal rights and properties. That they're
existing in compliance with public morals, peace and safety comporting with
said purpose of corporate STATE OF FLORIDA.
Therefore, the Court is respectfully request to issue it' s Peremptory
Writ of Mandamus and/or Alternative Writ of Mandamus, pursuant to
Fla.App.Proc. Rule 9.100(a)(b). To (a) compel the Governor Rick Scott for
the STATE OF FLORIDA to give an answer by what right and/or authority has
been rely on to refuse to honor the commission and command given for
performing the said "ministerial duty" of adhere to mandate issue by the
"Original Writs'". The Writs' having been based on an six justice of an Common
Law, in and for Sumter County, venue having Original and Exclusive
Jurisdiction as superior court sitting with power of circuit and Supreme
Court, by the people in and for Sumter County, adjudicate on investigation
and statement of facts thereto. And (b) to give answer by what authority
or right has been rely on to refuse to enforce complaints filed against County
Clerks' of Records whom having refused to record Trusts, and their
instruments, documents thereto. That (c) compel Rick Scott to answer as to
why He should not have to comply with said commands and be held accountable
by making payment for acts of ignor, thwart, or having otherwise disobey
the terms of said instruments or documents therein.
Wherefore, the above stated reason the Petitioner respectfully invoke
the Original Jurisdiction of this Honorable Court to grant the request for
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relief by issuing of the Extraordinary Writ and/or in alternative the Court
is being ask to Issue it's own Peremptory Writ of Mandamus to Compel
Respondent to Answer the same.
II. STATEMENT OF FACT:
1. On or about January 11, 2016, the Petitioner through His Custodial
Trustee of the MCLAUGHLIN'S CUSTODIAL TRUST id.at Aff.¶3 presented (a)
Notification For Acceptance to the Governor Office for its assent and
acceptance of the Office as Appointment Alter Co-Trustee for the DEMETRIUS
ANTWON MCLAUGHLIN'S, Living Trust. id.at Appendix ( A ). That the said assent
was sought on behalf of the Corporate STATE OF FLORIDA and/or capacity as
an municipal. The "Original Writs" having been served on STATE OF FLORIDA,
Governor Office to compel performance as Alter Co-Trustee id.at Aff.¶3 by:
(i) Writ of Mandamus, (ii) Writ of Execution and (iii) Writ of Prohibition.
The Writs' acting as an or serving as a commission and command to the Trustee
for securing the trust properties and interest thereto. And (b) presented
complaint for enforcement against the Clerk of the Circuit Court of Records
and Recorder GLORIA R. HAYWARD for Sumter County whom having refused to
perform it's "ministerial duty" by acceptance of Trust documentation,
instruments id.at Aff.13 which had been presented for recordation with
acceptable payment id.at App.(B) thereof. And (c) presented complaint for
enforcement against PASCO COUNTY RECORDER, PAULA S. O'NEIL, CLERK &
COMPTROLLER whom also refused to perform the "ministerial duty" by acceptance
of the Trust documents, instruments id.at Aff.13 that had in fact been
presented for recordation with an acceptable payment id.at Appx.( C ) for
recording and filing of the said Trusts and its documentation, instruments
thereof. Accompanying the Notification was the Petition For Declaratory
Judgment to Compel Alter Co-Trustee to Perform Duties Under Trust Instrument
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and Affirm Status as an Beneficiary of Living Trust and Affirmative Relief.
See Appendix (K ). To be filed with the Circuit Court of the Fifth Judicial
Circuit, in and for Court of Chancery of Sumter County, Florida having sought
to invoke Equity Jurisdiction of the Court for Equitable Remedy for
Inheritance Settlement Claims by Charges and Discharges. id.at Appx.(H).
2. On January 19, 2016, the Governor Office replied to Notification of
Acceptance and Complaints having been lodge against the County Clerks ' of
Recorders id.at 11 went unanswered by the Governor. In the reply the Governor
Office contended that the "Florida Constitution" limits the Governor's
intervention in matters that should be resolved through id.at Aff.¶4 the
court systems. That the "Governor's staff" is unable to provide legal advice
to private citizens or assist with probate court and estate matters. Thus,
(Governor Office) therefore, are returning your documents and international
money order in the amount of $250,00 to you. id.at Appendix [I).
3. On June 2015, the Petitioner having secured Notice of Trust to be
executed for the DEMETRIUS ANTWON MCLAUGHLIN, Living Trust, id.at Aff.¶5
date of November 07, 1991, A.D. and establishing listening current serving
Trustees'. id.at Appendix ( D ). The Notice of Trust included (i) Creation
of the Trust being Declaration of Trust, Self of Declaration of Trust and
Living Trust Agreement documents id.at Appx.( D) and (ii) Trustees' and
Successor Trustees' id.at Appx.(D ) designations and (iii) Powers of the
Trustees' id.at Appx.( D) and (iv) signature pages id.at Appx.( D). thereto.
4. On September 15, 2015, the Petitioner having secure by obtaining the
Decrees' by the Common Law, justice in and for S.umter County, venue, having
Original and Exclusive Jurisdiction as superior court sitting with power
of circuit and Supreme Court, for the people in and for Sumter County,
adjudicating upon said "Original Writs" consisting of: (1) Writ of Mandamus
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(2) Writ of Execution and (3) Writ of Prohibition. See Appendix (F)(F)(F).
The Common Law Writs' having issue the Decrees' being mandates actina as an
Command and Commission id.at Affidavit ¶6 for compelling performance of
CommanderIn-Chief to comply with Living Trust and Perform Bailment as Bailee
or alter Co-Trustee duties of the Existing Trusts Interest. Here, specific
instruction were given to Alter Co-Trustee to perform such duties as they
related to Living Trust it's properties, rights, and insterest id.at Aff.¶6
thereto.
5. On October 2015, the Petitioner through now Co-Trustee of the Living
Trust of DEMETRIUS ANTWON MCLAUGHLIN id. at Aff.¶7 having been physical
presented to Sumter County Clerk of Recorders for filing and recording of
the Trust's documents, instruments thereto. See Appendix (B). The filing
consisted of the June 2015, Notice of Trust id. at ¶3 and September 15, 2015,
Common-Law Decrees' being personal properties as judgments and included
Petition for Declaratory Judgment. The filing include an partial payment
for said filing and recording fee for said Trust, and its documents,
instruments, payments made by an "InternationabrMoney Order" in the amount of
$250.00 dollars as partial payment with remaining payment made by promissory
note for remaining amount for filing fees to be paid to Sumter County Clerk
of the Court .id.at Appx. (B) GLORIA R. HAYWARD. The County Clerk Recorder,
refused to accept any and all of the above mention Living Trust or Trust .
their documents, instruments, and Petition for Declaratory Judgment. Nor did
County of Recorder never gave any reason for its refusal to accepted documents,
instruments.
6. On October 2015, the Petitioner again through his Custodial Trustee
of the MCLAUGHLIN'S CUSTODIAL TRUST, presented the Cover-Letter to included
Trusts' being Living Trust and MCLAUGLIN CUSTODIAL TRUST with payment presented
the Couty Clerk of Recorder for Sumter County GLORIA R. HAYWARD refused to
accept said Trusts' it's documents, instruments, and proper payment being
Presented. id.at Aff.97.. The Notification for filing and Recording the
documents, instruments of the Trusts' clearly placed id.at Appendix ( B )
the County Clerk of Records on notice of the duty of recordation was in fact
required where there were properly been executed and upon payment of the
clerk fees was in fact acceptable. id.at! Aff.¶7..
7. On or about November 2015, the Petitioner through his Custodial Trustee
Presented the PASCO COUNTY RECORDER, PAULA S. O'NEIL, CLERK § COMPTROLLER,
with the Notification by Cover-letter of Instruction for filing and recording
of the Trusts' it's documents, instruments id.at Aff.U8 thereto. That include
the Petition for Declaratory Judgment of Disposition of Property By Existing
Custodial Trust & Entitlement to Compel Performance to Beneficiary to be
filed with the Circuit Court of the Sixth Judicial Circuit, id.at Aff.¶8
in and for Court of Chancery of Pasco County, Florida. The Clerk of Recorders
refused to accept the Petition and Trusts' documents, instruments along with
Payment for filing, recording fees. That the payment . present was in fact
proper payment thereto. See Appendix ( C).
RELIEF SOUGHT
The Petitioner prays this Honorable Court grants following relief and
respectfully request of this Court finds the following entitlement and -awarded
as follows: (i) this Court to issue it's Writ of Prohibition, to Compel
Respondent to answer why or by what power and authority does the Governor
and/or its office first, refuses to accept the appointment of Office as
Co-Trustee given by the Limited Durable Power of Attorney and Alternative
Co-Trustee -- Trust Agreement for the DEMETRIUS ANTWON MCLAUGHLIN, Living
Trust. .Second, refuses to honor the established mandates issued as commission
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and command providing the authority for performance of Bailment as Bailee
or Trustee to secure existing Trust interest and properties. And (ii) to Compel
Respondent to answer why sanction should not be imposed as adjudged in
"Original Writ" be granted where Respondent having been on Notice of "that
the Demandant/Petitioner entitlement to enforcement of sanction impose and
to receive payment in an amount of not exceeding One Million ($1,000,000.00)
of Silver Dollars, plus fees and cost, arising out of a certain filing and
duties mention herein should the Commander-In-Chief of the STATE OF FLORIDA
(sic) Rick Scott, to choose to ignore, thwart, or otherwise disobey the terms
of said instruments or documents, is hereby granted". That (iii) to compel
Respondent to answer why or by what power and authority does the Governor
and/or its office refuses to investigate the legal complaint made against
its County Recorders in and for Circuit Court within side the STATE OF FLORIDA,
where their said inaction of refuse Him to record and register the Living
Trust and Trusts having deprive Petitioner of an clearly establish right of
having his property register and record therewith.
ARGUMENT IN SUPPORT
The Petitioner asserts that this Honorable Court has jurisdiction order
Rick Scott who hold the Executive Office of Governor and Commander-In-Chief
for the Corporate STATE OF FLORIDA, to cease and desist in all action,
of withholding performance by its decrees, orders, judgments, and/or
proceedings with regards to Him of the right to secure his person, property
by refusing to (A) enforce the complaint made against County Recorders and
Clerk of the Circuit Courts to order their accepts of Trusts, its documents,
instruments, and' (B) refusing to perform by accepting the Office of Co-Trustee
of said Living Trust to secure said rights therein. see Marshall y s. F.la..Dep t
of Corr., the Court held that Writ of Prohibition is defined as a kind of
8
Common-Law injunction to prevent an unlawful assumption of jurisdiction. It
is a Common-Law injunction against government usurpation as where one is called
coram nonjudice before a judge unauthorized to take cognizance of the affairs
to answer in a tribunal that has no legal cognizance of the cause. It arrest
the proceeding of any tribunal, board or person exercising judicial function
in a manner or by means not within its jurisdiction or discretion. 2011
U.S.Dist. Lexis 35057,(11th Cir. 2011).
The Petitioner asserts that first, the STATE OF FLORIDA in its' Corporate
capacity by its agent as Commander-In-Chief the Governor Rick Scott who has
refused to act in His "Ministerial Capacity" by enforcing the filed complaints
made against Counties id.at ¶l Recorders for Clerk of the Circuit Courts.
That (a) Complaint made against Sumter, County Clerk of Recorder for Circuit
Court, GLORIA R. HAYWARD who having repeatedly refused to act in the
"Ministerial Capacity" as County Recorder. Thus, as County Recorder for the
Clerk of Court breach then existed "Ministerial duty" of accepting Living
Trust, documents, instruments, on behalf of said trust. Here, the County
Recorder was in fact required to perform the "Ministerial act" of registering
and recording the presented id.at ¶5 said documents, instruments thereto.
And (b) the complaint made against Clerk of the Circuit Court Recorder
for Pasco County PAULA S. O'Neil who also repeatedly refused to act in said
"ministerial capacity" as the County Recorder. Who had in fact an "ministerial
duty" to accepted the Living Trust and Custodial Trust id.at ¶7 documents,
instruments. The County Recorder was in fact required to perform the
"ministerial act" of registering and recording the presented id.at ¶7 said
documents, instruments thereto.
Here, the Petitioner asserts that the Commander-In-Chief failure to
investigate and enforce Complaints made against both County Recorders whom
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having falled to perform in their "ministerial capacities" as clerk of the
Court and Records by accepting the Trusts, documents, instruments, presented
for registering and recording therewith. Thus, the Clerk of the Circuit Court
and County Recorders refusal to accepted and register, recorded the Trusts
documents, instruments was in fact violating the Florida law which states;
F.S. Section 28.222(3); provides that the clerk of the CircuitCourt shall record certain enumerated documents upon paymentof the service charge. The term "shall" in a statute has,according to its normal usage, a mandatory connotation. Inaddition, the courts of this state have generally statedthat the clerk acts in a purely "ministerial capacity" and"has no discretion to determine the sufficiency of thedocuments presented for filing".
In, First Am. Title Ins. Co of St.Lucie Cnty., Inc. vs. Dixion, the Court
held, that where "a clerk candidly conceded that the function is operational
and ministerial." 603 So.2d 562-65,(Fla. 4th DCA 1992)(citing) Ferlita vs.
States, 380 So.2d 1118-19,(Fla. 2d DCA 1980)("stating that a clerk acts in
a purely ministerial capacity and has no discretion to pass upon the
sufficiency of documents presented for filing"); Pan Am.World Airways vs.
Greogry, 96 So.2d 669,671,(decribing the clerks duties, when acting as an
officer of the court, as ministerial and as such he does not exercise and
descretion).
"The Office of the Attorney General" has stated that if an instrument
is entitled to be recorded, it must be recorded by the clerk if properly
executed and upon payment of the clerk fees. The Honorable T.J. "Jerry"
Greeson, 1991 Fla.Op.Att'y Gen.Fla. 2010-01; see also Re.Records-Social
Security Number-Official Records-Clerk of Court-Counties Op.Att'y Gen. Fla.
2005-37 , ( 2005).
In the instant case, the Petitioner asserts that both Clerks failure to
perform their "ministerial duty" of accepting the Living Trust and Custodial's
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Trusts id.at ¶5-7 said documents, instruments on behalf of such Trusts. Both
clerks having failed to perform the required "ministerial act" of registering
and recording the presented said Trusts documents, instruments id.at ¶5-7
thereof. Ferlita vs. States supra at 380 So.2d 1118. The Governor Rick Scott,
had in fact an "ministerial duty" to act on the filed complaints made against
the Clerk of Circuit Courts to compel their performance by recording and
registering the Trusts its documents, instruments thereto.
Here, the Petitioner asserts that the Commander-In-Chief refusal to address
the filed complaints but instead stated:
"I am unable to determine from your letter and documentshow the Governor's Office can assist you. Please understand,the Florida Constitution limits the Governor's interventionmatters that should be resolved through the court system.The Governor's staff is enable to provide legal advice toprivate citizens or assist with probate court and estatematters. I am, therefore, returning your documents andinternational money order in the amount of $250.00 to you."
the inaction of the Governor or his office of not compelling the County
Recorder for Circuit Courts to accept the Trusts, their documents, instruments.
Such inaction by the Governor and His office to perform "ministerial act"
of compelling the County Recorders to register and records said Trusts, their,
documents and instruments violate the Florida State Constitution Declaration
of Rights Article 1 Section 2 Basic Rights and 9 Due Process thus, depriving
him of the opportunity to secure his person and property.
Second, the Petitioner asserts that the Corporate State of Florida by
its agent as Commender-In-Chief an Governor Rick Scott who having refused
to act in the "ministerial capacity" when denying the acceptance. of the
appointment of office as Co-Trustee for DEMETRIUS ANWTON MCLAUGHLIN, LIVING
TRUST. Here, the Respondent having breach the existing "ministerial duty"
by refusing to accept said appointment of office as Co-Trustee to Living Trust
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thus, failing to perform the "ministerial act" of complying with commission
and command established by mandate given of "Original Writs'" by Mandamus,
Execution, and Prohibition that having been based on stated of facts thereof.
The Petitioner asserts that the Respondent inaction by refusing to Honor
the mandate given in the "Original Writ" as the Writ of Mandamus id.at Aff.¶3,6
,7 & 8, Writ of Execution, and Writ of Prohibition all having been executed
by an competent tribunal court of Common Law, justice in and for both County
of Sumter, as well as in and for County of Pasco being one Florida republic,
as the one supreme court, by Common Law venue, having Original and Exclusive
Jurisdiction as superior court sitting with power of circuit and Supreme Court,
for the people in and for both counties id.at Aff.¶3,6,7, and 8, of Sumter
County and Pasoc County. The mandate providing the commission and authority
for State of Florida in its corporate capacity and to compel performance by
by complying with Living Trust, to perform Bailment as Bailee or Trustee Duties
of securing existing Trust Interest and property. see Appendix (A )(C )(F).
Here, in the instant case, Petitioner asserts the Respondent said inaction
of not accepting the appointment of Office as Co-Trustee of said Living Trust
that served as an Bailment. The inaction of Respondent violated the
Constitution of State of Florida, Declaration of Right Articles I Section
2, Basic Rights which states:
"All Natural person, female and male alike, are equal beforethe law and have inalienable rights,. among which are theright to enjoy and defend life and liberty, to pursuehappiness, to be rewarded for industry, and to acquire,possess and protect property; except that the ownership,inheritance, disposition and possession of real propertyby aliens ineligible for citizenship may be regulated orprohibited by law. No person shall be deprived of any rightbecause of race, religion, national origin, or physicaldisability".
Further, the Respondent said inaction of not comply or accepting and honoring
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the mandate issued by an competent tribunal court given its commission of
authorizing the performance of bailment made to STATE OF FLORIDA in its
Corporate Capacity which was in fact base upon the religious belief. Such
inaction by Respondent violated Art. I, Section 3, Religion Freedom, that
states;
"There shall be no law respecting the establishment ofreligion or prohibiting or penalizing the free exercisethereof. Religious freedom shall justify practicesinconsistent with public morals, peace or safety. No revenueof the state or any political subdivision or agency thereofshall ever be taken from the public treasury directly orindirectly in aid of any church, sect, or religiousdenomination or in aid of any sectarian institution."
The inaction of Governor and its Office refusing to accept the Bailment being
the Living Trust, deprived Petitioner of his right to secure his property
violated State of Florida, Constitution, Declaration of Right Article I,
Section that states;
"Due process.- No person shall be deprived of life, orproperty without due process of law, or be twice put injeopardy for the same offense, or be compelled in any criminalmatter to be witness against oneself".
The Governor and its Office being and agent for Corporate STATE OF FLORIDA,
refuse to accepted the Bailment being made by Living Trust and Notification
of Appointment of Co-Trustee for said Living Trust has in fact gave rise to
an violation of the State of Florida, Constitution, Declaration of Rights
Article 1, Section 10, which states;
"Prohibited laws.- No bill of attainder, ex post facto lawor law impairing the obligation of contracts shall be passed".
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In the case sub judice, the Respondent as Governor who is commander-in-
chief had a legal duty as said Governor to take care that all laws are
faithfully executed and investigate complaints made against said clerk of
courts as Recorders of the county thereto plus comply with State of Florida
Constitution provides procedures to said commander-in-chief if un-clear about
his duties to accept appointment of office Co-Trustee of said Living Trust.
The Governor was in fact require to make a request of supreme court for
interpretation in regards to his duties pursuant to Florida Constitution.
see State of Florida Constitution, Declaration of Rights Article IV, Section
1, which states:
(a)"The supreme executive power shall be vested in agovernor, who shall be commander-In-Chief of all militaryforces of the state not in active service of the UnitedStates. "The governor shall take care that the law befaithfully executed" commission all officers of the statesand counties, and transact all necessary business with theofficers of government. The governor may require informationin writing from all executive or administrative state, countyor municipal officers upon any subject relating to the dutiesof their respective offices. The governor shall be the chiefadministrative officer of the state responsible for theplanning and budgeting for the state."
(b)"The governor may initiate judicial proceeding in .thename of the state against any executive or administrativestate, county or municipal officer to enforce compliancewith an duty or restrain any unauthorized act. "
(c)"The governor may request in writing the opinion of thejustice of the supreme court as to the interpretation ofany portion of this constitution upon any question affectingthe governor's executive powers and duties. The justicesshall, subject to their rules of procedure, permit interestedperson to be heard on the questions presented and shallrender their written opinion not earlier than ten days fromthe filing and docketing of the request, unless in theirjudgment the delay would cause public injury."
In the instant case the Petitioner asserts that he has in fact suffered
an injury to his rights of property, right to secure property, effecting his
life, liberty, and relationship between him and his Custodial Trustee, where
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as here an promise has been made secure to him by existing obligation of
contract. That the Respondent having committed the breach of an owed Common-law
and statutory legal duty to Petitioner by the inaction established herein
and above. see Carruthers vs. Am.Honda Fin. Corp. , 717 F.Supp.2d 1251, (11th
Cir. 2010), the Court held that first, and most importantly, it is at odds
with Supreme Court precedent. (citing)(Cipollone vs. Liggett Groups Inc.,
505 U.S. 504 112 S.Ct. 2608, 120 L.Ed 2d 407,(1992). In Cipollone, the Court
interpreted a similar preemption statute and concluded that a requirement
or prohibition ... impose under State law includes a "Common-law duty". 505
U.S. at 521-23. (plurality opinion); id.at 548-49.(Scalia J. joined by Thomas
J. concurring in judgment in part and dissenting in part); 717 F.Supp.2d 1256
see also Riegel vs Medtronic Inc., 552 U.S. 312, 128 S.Ct 999, 169 L.Ed 2d
892,(2008)(absent other indication reference to a state's requirements includes
its "Common-law duties, Commonlaw liability is premised on the existence of
a "legal duty" and a "Tort judgment" therefore establishes that the defendant
has violated a state-law obligation).
In McCain vs. Florida Power Corp., 593 So.2d 500-03 n2,(Fla. 1992), the
Florida Supreme Court recognized that a legal duty can arise from several
sources including the relationship of the parties, legislative enactments,
or the general facts of the case. The existence of a duty is a question of
law to be decided by the court rather than question of fact to be reserved
for a jury. id. 593 So 2d 503. Here, the Petitioner asserts that the Respondent
had in fact failed by its common-law duty to act with honest and diligent
in the administration of the affairs of the Corporate State of Florida. That
the Constitution of State of Florida, at Article IV §1(a)(b) and (c) impose
an obligation upon said Governor as Commander-In-Chief. see Beck vs.
Emery-RIchardson, Inc., 1990 U.S.Dist.Lexis 21066,(11th Cir. 1990)(citing)
15
Flamingo Drift Fishing Inc. vs. Litt.Nix, 251 So 2d 121, 123,(Fla. 4th DCA
1971)(holding that existence of a legal duty is a question of law to be
determined by the Court by referring to statutes, rules, practices and other
legal authority.
The Court, Papapanos vs. Lufthansa German Airlines, 1996 U.S.Dist.Lexis
6433,(11th Cir. 1996), held that the Florida court's have acknowledge however
that under certain facts and circumstance a statute can impose a "common law
duty" where the statute requires someone in the position of the defendant
to take precautions to protect a particular class of persons from a particular
injury type of injury. (citing) Rex Utilities Inc. vs. Gaddy, 413 So.2d 1332-
33, (Fla. 3d Dist. Ct. App. 1982); De Jesus vs. Seaboard Coast Line R.R. Co.
281 So.2d 1080-86,(Fla. 1st Dist.Ct. App. 1993); Brooks vs. Southern Bell
Tel. & Tele Co., 399 So.2d 1,3,(Fla. 4th Dist. Ct. App. 1981). The Petitioner
asserts, in the instant case the facts and circumstance arise by Constitution
for State of Florida did in fact impose a common-law duty as
Commander-In-Chief. By said corporate capacity being require to act honest
and diligent in the administration of said affairs and to take such precautions
to protect Petitioner in his capacity as an beneficiary of said trust from
herein and above mention injuries or subject such injuries or possible
injuries.
Whereas, the Petitioner ask this court to find that the instant facts
and circumstance subscribe herein and above establishes an legal duty being
owed to Him by both common-law and statutory by respondent.
16
CONCLUSION
Wherefore, the Petitioner asserts that he is in fact entitled to an
injunction against the Governor for unlawful withhold its owed legal duty
of performance to him.
Respectfully Submitted
McfaughlinrDe etrius-Antwon,Su jurisc/o 41297-018P.O.BOX 1033Coleman, Florida, 33521
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PROOF OF SERVICE
I, Mclaughlin:Demetrius-Antwon, Sui Juris, under penalty of perjury, under
the laws of both STATE OF FLORIDA, and the UNITED STATES OF AMERICA, that I
am at least 18 years of ages, and that I personally, or through personnel of
the United States post office, and other legal channels served the following
documents consist of: Writ of Mandamus, Writ of Quo Warranto and Writ of
Prohibition with Appendix on the said interest party state below:
STATE OF FLORIDA Respectfully SubmittedHonorable Rick ScottGovernor Commander-In-ChiefFor State of Florida .400 S. Monor Str. Rm.1601 claughlin: trius-AntwonTallahassee, Florida, 32399 Sui Juris
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