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

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

11

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

12

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

14

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