Order: 01 2015 CA 004365 - CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) JENKINS, WALTER P et al -VS- xxxx xxxxx AS TAX COLLECTOR FOR ALACHUA COUNTY

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            IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT,
                 IN AND FOR ALACHUA COUNTY, FLORIDA

    Walter P. Jenkins, and DeVaughn Slone
    and Milton H. Baxley II, as Co-Trustees
    of LLC Church,

                 Plaintiffs,                                 Case No: 2015-CA-4365
                                                              Division K

          -vs-
                                                                           --
    xxxx xxxxx, as Alachua County,
    Florida Tax Collector,                                                            On
                                                                                      “i
                 Defendant.                                                           pO
                                                                                      ad


                      MOTION FOR ORDER OF RECUSAL

          The Plaintiffs, DeVaughn      Slone and Milton H. Baxley II, as Co-

    Trustees of LLC Trust, respectfully move the Court for entry of an Order

    Recusing Monica Brasington, Circuit Judge, as the presiding Judge in the

    above entitled cause. Paintiffs have a well-founded fear that they will not and

    cannot receive a fair and impartial hearing or trial in this case, for the

    following reasons:

           1. a. Judge Brasington has violated Plaintiffs' fundamental Right of

    free access to the Courts, by mandatorily requiring Plaintiffs to retain an

    attorney who is a member of The Florida Bar, in violation of the provisions




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of Sections 736.0815 and 736.0816, Florida Statutes, or suffer the dismissal

of their suit.

             b. Plaintiffs advised Judge Brasington that neither the Trustees nor

the LLC Trust had any money with which to hire and pay an Attorney. She

either knew,       or should have known that Walter P. Jenkins and Milton H.

Baxley II, filed an affidavit of indigency, with the Court, at the time of filing

this suit.

             c. Plaintiffs advised Judge Brasington that the LLC Trust is not a

corporation, and that the Trustees are the true owners of the title to every

asset which the church has or may acquire in the future.

             d. Judge Brasington       has violated her Oath         of Office by going

outside the scope of her authority and duties as a judge, by acting as a

legislator. She arbitrarily added terms and requirements which the Florida

Legislature did not choose to include in Sections 736.0815 and 736.0816,

Florida Statutes, with respect to Plaintiffs' rights and powers as Trustees to

represent themselves in all courts, including on appeal. Nothing in Sections

736.0815         and   736.0816   requires   the   Trustees   to   retain   an   attorney   to

represent them.
CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a copy of the foregoing has been furnished
to Mr. William E. Harlan Jr., County Litigation Autorpey, 12 S.E. Ist Street,
Gainesville, Florida 32601, by hand delivery, this J Gi day of July, 2016.




                                       Gainesville, Florida 32635
                                       (352) 519-2689