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Filing # 183123821 E-Filed 10/03/2023 01:23:05 PM
a
be
URT FLO RIDA
Case No.
dorothy smith,
Petitioner,
cee
Vv,
JUDGE KATIE DEARING,
Respondent.
PETITION FOR WRIT OF PROHIBITION
COMES NOW, Petitioner, dorothy smith, and hereby petitions this Honorable Court for a writ of
prohibition to prohibit Respondent, JUDGE KATIE DEARING, of the Circuit Court of the 4th
Judicial Circuit, from presiding over this matter, and states as follows:
Corporation.
Petitioner is the Claimant in a quiet title action against Ariana Property Investment
on and
Judge Dearing is biased in favor of Defendant Ariana Property Investment Corporati
against Petitioner.
denied the motion
Petitioner has filed a motion to recuse Judge Dearing, but Judge Dearing has
without any reason listed in the denial.
Judge Dearing's bias is evident from the following facts:
Firm, & Mike
i Judge Dearing, Meghan Edwards Partner @ Edwards and Edwards Law
the Jacksonv ille Bar
Drews of Drews Law are all listed as having been members of
Firm, Solo Practitioner
Association, with Mike Drews being the past chairman of "Small
Section" and Judge Dearing serving as president until 2019.
Claimant's motion to dismiss
ii At the hearing on August 15, 2023, Judge Dearing denied
status as a non-citizen
after stating that she would not acknowledge Claimant's
American national.
a great deal of aggression
iii. At the hearing on August 15, 2023, Judge Dearing showed
ns and being impatient
when speaking to Claimant, interrupting her on several occasio
|S
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/03/2023 03:05:30 PM
re om
oo
oe
& Be
and dismissive when it was Claimant's allotted time to speak.
t's counsel to
iv. Also at the hearing on August 15, 2023, Judge Dearing led Defendan
even though Defendant's
proceed with a motion for summary judgment to quiet title,
counsel did not suggest it during the hearing.
that she “normally
ie vy. Again at the hearing on August 15, 2023, Judge Dearing stated
fe
doesn't schedule a hearing this fast but i am ready for this case to be over."
for summary
vi. On 9/15/2023, Petitioner requested a postponement of the motion
er shortly after the
judgment to quiet title hearing due to the death of her stepfath
middle son, and improper
August 15, 2023 hearing, complications with surgery of her
title that she did
service by way of email of the motion for summary jud| gment to quiet
motion to postpone
not get until mid-October. Judge Dearing denied Petitioner's
without any reason or explanation.
for final judgment to quiet
vii, On March 14, 2023, Petitioner served a writ of mandamus
title to her, Judge Dearing ignored and never responded.
of law, notice of writ
viii. On April 14, 2023, Petitioner served a notice of conflict or variance
Defendant's counsel have
of discovery, and notice of subrogation. Judge Dearing and
both ignored this notice.
Property Investment
ix. Defendant's law firm is also the registered agent for Ariana
firm would have a duty to
Corporation. This creates a conflict of interest, as the law
t.
represent the interests of both the corporation and the Claiman
se status and ability to
Judge Dearing has threatened to take away Petitioner's pro
nts filed.
defend herself in court because she doesn't like Petitioner's docume
have mentioned that order as
Additionally, Defendant's attorneys on several occasions
nts that are outside of the
a threat against Petitioner to make her not file docume
ey.
norms for attorneys, even though Petitioner is not an attorn
ng Order saying that | must follow
xi Additionally Judge Dearing filed shortly after a Standi
and my rights to seek Equitable
the rules of CVB, which violates my constitutional rights
Remedy.
allowed Ariana Property's Agents
xii At the off record hearing on 9/27/2023 Judge Dearing
me again continuously
to present their case without interruption, only to interrupt
throughout the hearing.
g ignored my recorded
xii. . Also during the 9/27/2023 off record hearing Judge Dearin
a ffidavit of truth status and
warranty deed, bankruptcy discharge order, my unrebutted
eS ots Saeco en mec SS ie SSIS a
which also
remedy, and the financial audit done that proved Ariana's deed was invalid
documents
included an affidavit from the attorneys that conducted the audit, All of the
should not be issued
proved there was material facts to show that summary judgment
to Ariana and that a Trial was due.
to obtain a
Judge Dearing’s bias has prejudiced and will continue to prejudice Petitioner's ability
fair trial in this matter.
Petitioner has no other adequate remedy at law.
WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a writ of
prohibition prohibiting Respondent, JUDGE KATIE DEARING, of the Circuit Court of the 4th
Judicial Circuit, from presiding over this matter.
Done this 2th day of October in the year of two thousand and twenty three.
prods Senin
dorothy smith
all rights reserved without prejudice. sui juris, a non-citizen private American national, and one of the
Original People of North America.
Certificate of Service
i dorothy smith certify that this PETITION FOR WRIT OF PROHIBITION was hand delivered to
Judge Katie Dearing Chambers, filed with the Clerk of Court for Duval County, Certify Mailed to
Ariana Property Investment Corporation to the 854 Via Berquero San Marcos, Ca 92069 and
emailed to mfisher@edwardsandedwardslaw.com, fwalker@edwardsedwardslaw.com,
mdrews@drewslaw.net on this 2 day of October in the year of two-thousand and twenty-
three.
OcoLns SMM
by: dorothy smith
Copy sent to
Judge Katie Dearing
Ariana Property Investment Corporation
ooo
Preview
Filing # 183123821 E-Filed 10/03/2023 01:23:05 PM a be URT FLO RIDA Case No. dorothy smith, Petitioner, cee Vv, JUDGE KATIE DEARING, Respondent. PETITION FOR WRIT OF PROHIBITION COMES NOW, Petitioner, dorothy smith, and hereby petitions this Honorable Court for a writ of prohibition to prohibit Respondent, JUDGE KATIE DEARING, of the Circuit Court of the 4th Judicial Circuit, from presiding over this matter, and states as follows: Corporation. Petitioner is the Claimant in a quiet title action against Ariana Property Investment on and Judge Dearing is biased in favor of Defendant Ariana Property Investment Corporati against Petitioner. denied the motion Petitioner has filed a motion to recuse Judge Dearing, but Judge Dearing has without any reason listed in the denial. Judge Dearing's bias is evident from the following facts: Firm, & Mike i Judge Dearing, Meghan Edwards Partner @ Edwards and Edwards Law the Jacksonv ille Bar Drews of Drews Law are all listed as having been members of Firm, Solo Practitioner Association, with Mike Drews being the past chairman of "Small Section" and Judge Dearing serving as president until 2019. Claimant's motion to dismiss ii At the hearing on August 15, 2023, Judge Dearing denied status as a non-citizen after stating that she would not acknowledge Claimant's American national. a great deal of aggression iii. At the hearing on August 15, 2023, Judge Dearing showed ns and being impatient when speaking to Claimant, interrupting her on several occasio |S ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/03/2023 03:05:30 PM re om oo oe & Be and dismissive when it was Claimant's allotted time to speak. t's counsel to iv. Also at the hearing on August 15, 2023, Judge Dearing led Defendan even though Defendant's proceed with a motion for summary judgment to quiet title, counsel did not suggest it during the hearing. that she “normally ie vy. Again at the hearing on August 15, 2023, Judge Dearing stated fe doesn't schedule a hearing this fast but i am ready for this case to be over." for summary vi. On 9/15/2023, Petitioner requested a postponement of the motion er shortly after the judgment to quiet title hearing due to the death of her stepfath middle son, and improper August 15, 2023 hearing, complications with surgery of her title that she did service by way of email of the motion for summary jud| gment to quiet motion to postpone not get until mid-October. Judge Dearing denied Petitioner's without any reason or explanation. for final judgment to quiet vii, On March 14, 2023, Petitioner served a writ of mandamus title to her, Judge Dearing ignored and never responded. of law, notice of writ viii. On April 14, 2023, Petitioner served a notice of conflict or variance Defendant's counsel have of discovery, and notice of subrogation. Judge Dearing and both ignored this notice. Property Investment ix. Defendant's law firm is also the registered agent for Ariana firm would have a duty to Corporation. This creates a conflict of interest, as the law t. represent the interests of both the corporation and the Claiman se status and ability to Judge Dearing has threatened to take away Petitioner's pro nts filed. defend herself in court because she doesn't like Petitioner's docume have mentioned that order as Additionally, Defendant's attorneys on several occasions nts that are outside of the a threat against Petitioner to make her not file docume ey. norms for attorneys, even though Petitioner is not an attorn ng Order saying that | must follow xi Additionally Judge Dearing filed shortly after a Standi and my rights to seek Equitable the rules of CVB, which violates my constitutional rights Remedy. allowed Ariana Property's Agents xii At the off record hearing on 9/27/2023 Judge Dearing me again continuously to present their case without interruption, only to interrupt throughout the hearing. g ignored my recorded xii. . Also during the 9/27/2023 off record hearing Judge Dearin a ffidavit of truth status and warranty deed, bankruptcy discharge order, my unrebutted eS ots Saeco en mec SS ie SSIS a which also remedy, and the financial audit done that proved Ariana's deed was invalid documents included an affidavit from the attorneys that conducted the audit, All of the should not be issued proved there was material facts to show that summary judgment to Ariana and that a Trial was due. to obtain a Judge Dearing’s bias has prejudiced and will continue to prejudice Petitioner's ability fair trial in this matter. Petitioner has no other adequate remedy at law. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a writ of prohibition prohibiting Respondent, JUDGE KATIE DEARING, of the Circuit Court of the 4th Judicial Circuit, from presiding over this matter. Done this 2th day of October in the year of two thousand and twenty three. prods Senin dorothy smith all rights reserved without prejudice. sui juris, a non-citizen private American national, and one of the Original People of North America. Certificate of Service i dorothy smith certify that this PETITION FOR WRIT OF PROHIBITION was hand delivered to Judge Katie Dearing Chambers, filed with the Clerk of Court for Duval County, Certify Mailed to Ariana Property Investment Corporation to the 854 Via Berquero San Marcos, Ca 92069 and emailed to mfisher@edwardsandedwardslaw.com, fwalker@edwardsedwardslaw.com, mdrews@drewslaw.net on this 2 day of October in the year of two-thousand and twenty- three. OcoLns SMM by: dorothy smith Copy sent to Judge Katie Dearing Ariana Property Investment Corporation ooo