Motion For Judicial Notice of Non-Appearance

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,
as [purported] successor in interest to [SEIZED] BANKUNITED, FSB.,
purported “plaintiff”,
vs. DISPOSED CASE NO.: 09-6016-CA
JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OF JURISDICTION
___________________________________________________________________________/
MOTION FOR JUDICIAL NOTICE OF NON-APPEARANCE BY “Andrew L. Fivecoat”
AND FRAUD ON THE COURT BY ALBERTELLI LAW, FLA. R.CIV.P. 1.540
NOTICE OF UNAUTHORIZED & UNLAWFUL “09/02/10 hearing”
1. The Clerk’s Docket [“RUN DATE: 09/01/2010”] failed to provide:
a. Any notice of hearing;

b. Any name of any setting party;
c. Any referral to and/or authority by purported magistrate Antonio J. Perez-Benitoa.
2. On 09/01/2010, PM, the Clerk of Court, Assistant Director Darlene Muszynski, kindly
provided the attached Docket information as to this fraudulent action by bankrupt and
seized BankUnited, FSB:
“Plaintiff(s)’ Attorney: Serena Kay Paskewicz, Esq.”
See attached CIVIL ACTION PROGRESS DOCKET, 09/01/2010.
Here, “Serena Kay Paskewicz” is not any authorized attorney.
Here, Andrew Heathcoat is not any authorized attorney. Said Andrew Heathcoat did not file
any notice of appearance pursuant to the Clerk’s record. Here, Heathcoat was not authorized
to set any “magistrate hearing” in the absence of J. Franklin Prescott’s consent.

3. Here on 09/01/2010, PM, and in the presence of witnessing Magistrate McGarity, the
Magistrate’s Office, Rose, confirmed receipt of Franklin Prescott’s Notice of Non-Consent
and Objection to any magistrate hearing and/or any hearing before Antonio J. Perez-
Benitoa.
4. Furthermore, “Tony Perez” is not any legal name of any authorized magistrate. The identity
of “Tony Perez” is uncertain and unclear. Here, “Tony Perez” has no authority, whatsoever.
NOTICE OF NON-CONSENT
5. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s non-consent and
cancellation of unauthorized “09/02/2010 hearing” because there was
a. Non-consent by J. Franklin Prescott [see 09/01/2010 filings];

b. No order of referral to any magistrate;
c. No notice of any hearing;
d. No recorded filing of any hearing notice;
e. No setting party of record.
6. Pursuant to the Magistrate’s Office, Supervisor Debbie, Rose, 239-252-8870
a. Jennifer Franklin Prescott faxed her filed and recorded NOTICE OF NON-CONSENT
and NOTICE OF OBJECTION to the Magistrate’s Office;
b. Jennifer Franklin Prescott’s MOTION TO DISMISS is not to be heard in the record
absence of any notice of hearing required under the Rules. See Docket of this disposed
Case.
7. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s service of NOTICE OF
DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa
at:
a. Magistrate’s Office, c/o Supervisor Debbie, Rose

Naples Courthouse
5th Floor
Naples, FL 34112
T: 252-8331, F: 252-8870 and
b. Antonio J. Perez-Benitoa, P.A.

C/o Feliz and Kristel
900 Sixth Avenue South
Suite 303
2
Naples, Florida 34102
Telephone: 239-430-1884
Fax: 239-430-1885
http://www.tonypblaw.com
8. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property
[address: 25 6th ST North, Naples, Florida 34102] does not consent and objected to any
referral to any magistrate, hearing officer, and/or “special master”, Rule 1.490, Florida
Rules of Civil Procedure.
JENNIFER FRANKLIN PRESCOTT’S OBJECTIONS TO ANY magistrate
9. In particular, J. Franklin Prescott objects and did not consent to any magistrate
a. findings of fact;
b. conclusions of law.
MEMORANDUM
“A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL

PARTIES.” JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THIS
MATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS
MATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTT
FILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO
COMMENCEMENT OF THE HEARING.
Here, no hearing can possibly commence.
PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION
10. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action.
NO order of referral
11. Here, there were
a. 08/12/2010 Final Disposition;

b. No order of referral;
d. J. Franklin Prescott’s non-consent and objection to any magistrate referral and hearing.
3
RECORD LACK OF note and mortgage
12. Here, in the recorded absence of any note and/or mortgage, there was
a. No agreement;
b. No debt;
c. No lien;
d. No BankUnited interest.
LACK OF NOTICE OF ANY hearing
13. Court staff asserted and published:
“A party/attorney scheduling a hearing must concurrently notice the matter in

conformance with the Florida Rules of Civil Procedure and ensure timely notice is
served on all pro se parties and counsel of record in advance of the hearing. The
original notice must be timely filed with the Clerk of Court. The Judges’ and
Magistrates ask that no courtesy copies be sent to their offices on foreclosure cases
only. The setting party/attorney is responsible for preparing and filing the Order of
Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also can be found at
www.ca.cjis20.org/web/main/magistrates as a reference, no more signed Order of
Referrals from the above website will be accepted). You will be required to submit
your proposed Order of Referral to the appropriate Judge for each hearing in front
of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and
Special Set hearings. (This will also include any Summary/Default Judgment
hearings requesting more than 5 minutes.)”
Here, no notice was served on Jennifer Franklin Prescott. Here, nothing, no matter, and no
hearing were noticed in violation of the Florida Rules of Civil Procedure.
BANKUNITED, FSB’S LACK OF standing
14. Pursuant to § 48.23, Fla. Stat.,
“1. A notice of lis pendens must contain the following:

a. The names of the parties.”
4
Here, the fraudulent notice of lis pendens “contained” “BankUnited, FSB”. However here,
said BankUnited was not any note/mortgage holder or party. Here, U.S. agents had seized
BankUnited, FSB.
15. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a “married woman”
and “Walter Prescott” as “her husband”. However here, “Walter Prescott” is not the
“husband” of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the
parties’ names.
NO jurisdiction
16. Here, “BankUnited, FSB” was
a. Not any party;

b. Had no interest;
c. Had no standing.
Here, bankrupt BankUnited, FSB, had no standing, and this Court has no jurisdiction.
RECORD APPEAL - NO jurisdiction
17. Here after disposition and Jennifer Franklin Prescott’s Notice of Appeal, this Court had no
jurisdiction:
NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens, CH. 48, F.S.
18. The fraudulent notice of lis pendens, purported INSTR 4318185, Collier County Records,
has been released and discharged. Here admittedly, no note or mortgage could be
established, Ch. 48, 71, F. S. Purported Plaintiff bankrupt BankUnited failed and was
5
seized. In the record absence of any note or mortgage, said seized bank’s fraudulent action
and notice were null & void and did not operate as a lis pendens, Ch. 48.
19. Furthermore, a lis pendens is not effectual for any purpose beyond 1 year from the
commencement of the action and expires, § 48.23, Florida Statutes.
20. Here, the pleadings conclusively proved that no action could be founded on any lost and/or
destroyed note and/or instrument. Therefore, the bankrupt and seized bank’s non-
meritorious action not possibly affect the subject property, and the court controlled and
discharged the fraudulent notice of lis pendens, § 48.23, Fla. Stat. The Docket showed the
08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.
08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998
21. Hereby, prevailing Jennifer Franklin Prescott filed the Final Disposition Form pursuant to
Florida Rules of Civil Procedure 1.998, 25.075, Florida Statutes. The Docket evidenced
Judge Hugh D. Hayes’ 08/12/2010 Final Disposition before any hearing.
22. Here, the Docket and official record alterations were
a. Arbitrary and capricious;

b. Unlawful.
EXHIBITS: NON-CONSENT
Three (3) Certificates of Facsimile Transmission to Antonio J. Perez-Benitoa.
Certificates of Court Filings.
6
CERTIFICATE OF SERVICE AND PUBLICATION
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the
purported non-plaintiff, James E. Albertelli, Erin Quinn Rose, and Erin Rowland, Albertelli Law,
P.O. Box 23028, Tampa, FL 33623, Magistrate’s Office, Debbie, Supervisor, Fax: 239-252-
8870, Defendant Antonio J. Perez-Benitoa, 900 Sixth Avenue South, Suite 303, Naples, Florida
34102, and Defendant Judge Hugh D. Hayes, Naples Courthouse, 3301 E. Tamiami Trail,
Naples, FL 34112, on this 1st day of September, 2010.
The pleading is also being published worldwide.
________________________
/s/Jennifer Franklin Prescott, Prevailing Victim of seized BankUnited’s record fraud
7
Judicial Automated Calendaring System
12th Judicial Circuit - Manatee County
Docket
MANATEE JUDGE
Thursday, August 26, 2010
11:00 am 5 min Case: 2008-CA-0004155 Motion: SUMMARY
JUDGMENT
vs.
FIVECOAT, ANDREW LEE

(813) 221-4743
Plaintiff: BANKUNITED, FSB Defendant: JOEL FOWLER Division B
(B/D):
Attorney ANDREW FIVECOAT Attorney's 866-606-5136
appearing phone
for number:
hearing:

JUDGMENT
vs.
COX, RYAN THOMAS

(954) 564-0071
Plaintiff: US BANK Defendant: VICKREY Division B
(B/D):
Attorney TANYA SIMPSON Attorney's 800-807-1179
appearing phone
for number:
hearing:

JUDGMENT
vs.
POLLACK, BILLI K
(954) 233-8000
Plaintiff: GMAC MORTGAGE, Defendant: JAMES E. ROSSI Division B
LLC (B/D):
Attorney LINDA MASON Attorney's 941-928-9131
appearing phone
for number:
hearing:
20 of 41
Docket
MANATEE JUDGE
2:30 pm 5 min Case: 2009-CA-0000667 Motion: SUMMARY
JUDGMENT
vs.

(813) 221-4743
Plaintiff: BankUnited, FSB Defendant: Lee Davidson Division D
(B/D):
appearing phone
for number:
hearing:

JUDGMENT
vs.
KATZ, ROBYN RACHEL

(954) 233-8000
Plaintiff: GMAC Defendant: CHARLES TANNER Division D
(B/D):
Attorney LINDA MASON Attorney's 941-928-9131
appearing phone
for number:
hearing:

JUDGMENT
vs.
HUMPHREY, KIMBERLY ANNE

(813) 880-8888
Plaintiff: LaSalle Bank Defendant: Guzman Murillo, Division B
Carmenza (B/D):
Attorney Chandra Dasrat Attorney's 800-371-5677
appearing phone
for number:
hearing:
30 of 41
Docket
MANATEE JUDGE
JUDGMENT
vs.
HEFFERNAN, BART THOMAS

(954) 728-3481
Plaintiff: Fifth Third Bank Defendant: Michael Fayne Division B
(B/D):
Attorney Courtney Jared Attorney's 954-644-8704
appearing Bannan phone
for number:
hearing:

JUDGMENT
vs.
SCHERMER, ROBERT
CHARLES
(941) 747-3025
Plaintiff: First Bank Defendant: Joseph P. Baker Division B
(B/D):
Attorney Robert Schermer Attorney's 941-747-1871
appearing phone
for number:
hearing:

JUDGMENT
vs.

(813) 221-4743
Plaintiff: BANKUNITED, FSB Defendant: MICHAEL HALL Division B
(B/D):
appearing phone
for number:
hearing:
29 of 41
9/1/2010 ANTONIO J. PEREZ-BENITOA - UNAUT…
From: Naplesnano <naplesnano@aol.com>

To: andrew.fivecoat@albertellilaw.com; bhtjw@aol.com; jrbu@aol.com; naplesnano@aol.com;
james@albertellilaw.com
Subject: ANTONIO J. PEREZ-BENITOA - UNAUTHORIZED 09/02/2010 "hearing"
Date: Wed, Sep 1, 2010 6:59 pm
-----Original Message-----
From: Naplesnano <naplesnano@aol.com>
To: Tony@tonypblaw.com; bhtjw@aol.com; jrbu@aol.com; Naplesnano@aol.com
Sent: Wed, Sep 1, 2010 6:55 pm
Subject: ANTONIO J. PEREZ-BENITOA - UNAUTHORIZED "hearing"
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,
as [purported] successor in interest to [SEIZED] BANKUNITED, FSB.,
purported “plaintiff”,
vs. DISPOSED CASE NO.: 09-6016-CA
JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OF JURISDICTION
___________________________________________________________________________/
NOTICE OF UNAUTHORIZED & UNLAWFUL “09/02/10 hearing”
1. The Clerk’s Docket [“RUN DATE: 09/01/2010”] failed to provide:

a. Any notice of hearing;
b. Any name of any setting party;
c. Any referral to and/or authority by purported magistrate Antonio J. Perez-Benitoa.
2. On 09/01/2010, PM, the Clerk of Court, Assistant Director Darlene Muszynski, kindly
provided the attached Docket information as to this fraudulent action by bankrupt and
seized BankUnited, FSB:
“Plaintiff(s)’ Attorney: Serena Kay Paskewicz, Esq.”
See attached CIVIL ACTION PROGRESS DOCKET, 09/01/2010.
Here, “Serena Kay Paskewicz” is not any authorized attorney.
Here, Andrew Heathcoat is not any authorized attorney. Said Andrew Heathcoat did not file
any notice of appearance pursuant to the Clerk’s record. Here, Heathcoat was not
authorized to set any “magistrate hearing” in the absence of J. Franklin Prescott’s consent.
3. Here on 09/01/2010, PM, and in the presence of witnessing Magistrate McGarity, the
mail.aol.com/…/PrintMessage.aspx 1/5
Magistrate’s Office, Rose, confirmed receipt of Franklin Prescott’s Notice of Non-

Consent and Objection to any magistrate hearing and/or any hearing before Antonio J.
Perez-Benitoa.
4. Furthermore, “Tony Perez” is not any legal name of any authorized magistrate. The
identity of “Tony Perez” is uncertain and unclear. Here, “Tony Perez” has no authority,
whatsoever.
NOTICE OF NON-CONSENT
5. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s non-consent and
cancellation of unauthorized “09/02/2010 hearing” because there was
a. Non-consent by J. Franklin Prescott [see 09/01/2010 filings];
b. No order of referral to any magistrate;
d. No recorded filing of any hearing notice;
e. No setting party of record.
6. Pursuant to the Magistrate’s Office, Supervisor Debbie, Rose, 239-252-8870

a. Jennifer Franklin Prescott faxed her filed and recorded NOTICE OF NON-
CONSENT and NOTICE OF OBJECTION to the Magistrate’s Office;
b. Jennifer Franklin Prescott’s MOTION TO DISMISS is not to be heard in the record
absence of any notice of hearing required under the Rules. See Docket of this disposed
Case.
7. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s service of NOTICE OF

DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa
at:
a. Magistrate’s Office, c/o Supervisor Debbie, Rose
Naples Courthouse
5 th Floor
Naples, FL 34112
T: 252-8331, F: 252-8870 and
b. Antonio J. Perez-Benitoa, P.A.

C/o Feliz and Kristel
900 Sixth Avenue South
Suite 303
Naples, Florida 34102
Telephone: 239-430-1884
Fax: 239-430-1885
http://www.tonypblaw.com
8. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property
[address: 25 6th ST North, Naples, Florida 34102] does not consent and objected to any
referral to any magistrate, hearing officer, and/or “special master”, Rule 1.490, Florida
Rules of Civil Procedure.
JENNIFER FRANKLIN PRESCOTT’S OBJECTIONS TO ANY magistrate
9. In particular, J. Franklin Prescott objects and did not consent to any magistrate
a. findings of fact;
b. conclusions of law.
MEMORANDUM
“A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL

PARTIES.” JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THIS
MATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS MATTER
HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTT FILE A
WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO COMMENCEMENT
OF THE HEARING.
Here, no hearing can possibly commence.
PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION
10. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action.
NO order of referral
11. Here, there were
a. 08/12/2010 Final Disposition;
b. No order of referral;
d. J. Franklin Prescott’s non-consent and objection to any magistrate referral and
hearing.
RECORD LACK OF note and mortgage

12. Here, in the recorded absence of any note and/or mortgage, there was
a. No agreement;
b. No debt;
c. No lien;
d. No BankUnited interest.
LACK OF NOTICE OF ANY hearing

13. Court staff asserted and published:
“A party/attorney scheduling a hearing must concurrently notice the matter in
conformance with the Florida Rules of Civil Procedure and ensure timely notice is
served on all pro se parties and counsel of record in advance of the hearing. The
original notice must be timely filed with the Clerk of Court. The Judges’ and
Magistrates ask that no courtesy copies be sent to their offices on foreclosure cases
only. The setting party/attorney is responsible for preparing and filing
the Order of Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also
can be found at www.ca.cjis20.org/web/main/magistrates as a
reference, no more signed Order of Referrals from the above website will
be accepted). You will be required to submit your proposed Order of
Referral to the appropriate Judge for each hearing in front of the
Magistrate. This will include all hearings for 10, 15 or 30 minutes and
Special Set hearings. (This will also include any Summary/Default
Judgment hearings requesting more than 5 minutes.)”
Here, no notice was served on Jennifer Franklin Prescott. Here, nothing, no matter, and no
hearing were noticed in violation of the Florida Rules of Civil Procedure.
BANKUNITED, FSB’S LACK OF standing
14. Pursuant to § 48.23, Fla. Stat.,

“1. A notice of lis pendens must contain the following:
a. The names of the parties.”
Here, the fraudulent notice of lis pendens “contained” “BankUnited, FSB”. However here,
said BankUnited was not any note/mortgage holder or party. Here, U.S. agents had seized
BankUnited, FSB.
15. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a “married woman”
and “Walter Prescott” as “her husband”. However here, “Walter Prescott” is not the
“husband” of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the
parties’ names.
NO jurisdiction
16. Here, “BankUnited, FSB” was
a. Not any party;
b. Had no interest;
c. Had no standing.
Here, bankrupt BankUnited, FSB, had no standing, and this Court has no jurisdiction.
RECORD APPEAL - NO jurisdiction
17. Here after disposition and Jennifer Franklin Prescott’s Notice of Appeal, this Court had
no jurisdiction:
NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens, CH. 48, F.S.
18. The fraudulent notice of lis pendens, purported INSTR 4318185, Collier County Records,
has been released and discharged. Here admittedly, no note or mortgage could be
established, Ch. 48, 71, F. S. Purported Plaintiff bankrupt BankUnited failed and was
seized. In the record absence of any note or mortgage, said seized bank’s fraudulent
action and notice were null & void and did not operate as a lis pendens, Ch. 48.
19. Furthermore, a lis pendens is not effectual for any purpose beyond 1 year from the
commencement of the action and expires, § 48.23, Florida Statutes.
20. Here, the pleadings conclusively proved that no action could be founded on any lost and/or
destroyed note and/or instrument. Therefore, the bankrupt and seized bank’s non-
meritorious action not possibly affect the subject property, and the court controlled and
discharged the fraudulent notice of lis pendens, § 48.23, Fla. Stat. The Docket showed the
08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.
08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998
21. Hereby, prevailing Jennifer Franklin Prescott filed the Final Disposition Form pursuant to
Florida Rules of Civil Procedure 1.998, 25.075, Florida Statutes. The Docket evidenced Judge
Hugh D. Hayes’ 08/12/2010 Final Disposition before any hearing.
22. Here, the Docket and official record alterations were
a. Arbitrary and capricious;
b. Unlawful.
EXHIBITS: NON-CONSENT
Three (3) Certificates of Facsimile Transmission to Antonio J. Perez-Benitoa.
Certificates of Court Filings.
CERTIFICATE OF SERVICE AND PUBLICATION
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the
purported non-plaintiff, James E. Albertelli, Erin Quinn Rose, and Erin Rowland, Albertelli Law,
P.O. Box 23028, Tampa, FL 33623, Magistrate’s Office, Debbie, Supervisor, Fax: 239-252-
8870, Defendant Antonio J. Perez-Benitoa, 900 Sixth Avenue South, Suite 303, Naples, Florida
34102, and Defendant Judge Hugh D. Hayes, Naples Courthouse, 3301 E. Tamiami Trail,
Naples, FL 34112, on this 1 st day of September, 2010.
The pleading is also being published worldwide.
________________________
/s/Jennifer Franklin Prescott, Prevailing Victim of seized BankUnited’s record fraud

Motion For Judicial Notice of Non-Appearance

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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

vs. DISPOSED CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al.

MOTION FOR JUDICIAL NOTICE OF NON-APPEARANCE BY “Andrew L. Fivecoat”

AND FRAUD ON THE COURT BY ALBERTELLI LAW, FLA. R.CIV.P. 1.540

NOTICE OF UNAUTHORIZED & UNLAWFUL “09/02/10 hearing”

1. The Clerk’s Docket [“RUN DATE: 09/01/2010”] failed to provide:

a. Any notice of hearing;

seized BankUnited, FSB:

“Plaintiff(s)’ Attorney: Serena Kay Paskewicz, Esq.”

See attached CIVIL ACTION PROGRESS DOCKET, 09/01/2010.

Here, “Serena Kay Paskewicz” is not any authorized attorney.

to set any “magistrate hearing” in the absence of J. Franklin Prescott’s consent.

Magistrate’s Office, Rose, confirmed receipt of Franklin Prescott’s Notice of Non-Consent

5. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s non-consent and

cancellation of unauthorized “09/02/2010 hearing” because there was

a. Non-consent by J. Franklin Prescott [see 09/01/2010 filings];

6. Pursuant to the Magistrate’s Office, Supervisor Debbie, Rose, 239-252-8870

7. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s service of NOTICE OF

DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa

a. Magistrate’s Office, c/o Supervisor Debbie, Rose

b. Antonio J. Perez-Benitoa, P.A.

Rules of Civil Procedure.

JENNIFER FRANKLIN PRESCOTT’S OBJECTIONS TO ANY magistrate

“A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL

Here, no hearing can possibly commence.

PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION

11. Here, there were

a. 08/12/2010 Final Disposition;

LACK OF NOTICE OF ANY hearing

13. Court staff asserted and published:

“A party/attorney scheduling a hearing must concurrently notice the matter in

hearing were noticed in violation of the Florida Rules of Civil Procedure.

BANKUNITED, FSB’S LACK OF standing

14. Pursuant to § 48.23, Fla. Stat.,

“1. A notice of lis pendens must contain the following:

15. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a “married woman”

16. Here, “BankUnited, FSB” was

a. Not any party;

RECORD APPEAL - NO jurisdiction

commencement of the action and expires, § 48.23, Florida Statutes.

08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.

08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998

Judge Hugh D. Hayes’ 08/12/2010 Final Disposition before any hearing.

22. Here, the Docket and official record alterations were

a. Arbitrary and capricious;

Three (3) Certificates of Facsimile Transmission to Antonio J. Perez-Benitoa.

Certificates of Court Filings.

FIVECOAT, ANDREW LEE

11:00 am 5 min Case: 2009-CA-0011322 Motion: SUMMARY

COX, RYAN THOMAS

11:00 am 5 min Case: 2007-CA-0002347 Motion: SUMMARY

FIVECOAT, ANDREW LEE

2:30 pm 5 min Case: 2009-CA-0010400 Motion: SUMMARY

KATZ, ROBYN RACHEL

2:30 pm 5 min Case: 2008-CA-0008783 Motion: SUMMARY

HUMPHREY, KIMBERLY ANNE

HEFFERNAN, BART THOMAS

2:00 pm 5 min Case: 2010-CA-0003668 Motion: SUMMARY

2:30 pm 5 min Case: 2008-CA-0004396 Motion: SUMMARY

FIVECOAT, ANDREW LEE