IN THE COUNTY COURT IN AND FOR HIGHLANDS COUNTY, FLORIDA 18 APRIL 2012 CAPITAL ONE BANK (USA), N.A.

, Plaintiff, v. JAMES A. MOTIL, Defendant. _____________________________/ DEFENDANT-IN-ERROR'S OBJECTION TO PLAINTIFF'S IMMATERIAL "NOTICE OF SEQUESTRATION" Defendant-in-Error, James A. Motil, Junior, ("Junior") objects to Plaintiff's improper, immaterial and unjustified "Notice of [sic Request for] Sequestration" ("Request") and moves the court to strike the Request for the following reasons: 1. This Court has no jurisdiction to either hear Plaintiff's case or to order any discovery CASE NO. 11 000 301 - SPS

as shown in Junior's "Motion to Re-Consider and to Amend the Orders Filed 29 March 2012 and Notice to Cease and Desist" filed on 9 April 2012. 2. Any discovery issues should have been brought up no later than the pretrial

conference on 4 October 2011. A "Summons/Notice to Appear for Pretrial Conference" was issued on 23 August 2011 to Plaintiff. On that Summons, it says that "You or your attorney should be prepared to ... state the names and addresses of your witnesses."1 The only witness Plaintiff has mentioned is me, and I am not properly named in the Plaintiff's Statement of Claim. Because there are no more witnesses, there is no need to "sequester" anyone, either at a trial or at a deposition. Further, Plaintiff has not shown any Small-Claims Rule to support his Request and

See mandatory Form 7.322 approved the Florida Supreme Court, pursuant to Rule 7.090(b).

he has not offered any factual reason for the Request. He has not moved the Court to operate under any Rule of Civil Procedure, either. 3. Plaintiff and his attorneys should have had all their ducks in a row before they filed a

law suit. Now, six (6) months after the pretrial conference, Plaintiff is frantic to establish a "cause of action" which, to date, is non-existent. 4. On the Request, Stanley Erskine, says: I HEREBY CERTIFY that a true and correct copy of the original foregoing Notice of Sequestration was mailed to the above named addressee this 3rd day of April, 2012. 5. As shown by Junior's "Affidavit ... Re 'Sequestration'" filed concurrently with this

Objection, contrary to Mr. Erskine's certification, Junior has not received a copy of the Request from Mr. Erskine. 6. Mr. Erskine's harassment of Junior in this action is without legal justification and is,

therefore, malicious. Malice "merely means a lack of legal justification." Gates v. Utsey, 177 So.2d 486, 1st DCA (July 27, 1965), at 488. WHERFORE, Defendant-in-Error, James A. Motil, Jr. moves the Court to strike Plaintiff's immaterial "Notice of Sequestration," for findings of fact and conclusions of law, for such other, further and different relief as the Court deems proper. RESPECTFULLY Submitted by: James A. Motil, Jr., Defendant-In-Error, self-represented

________________________________ 113 S DELANEY AVE AVON PARK FL 33825-3930 Telephone: (863) 443-1061

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was mailed to the person listed below on the 18th day of April 2012. ANDREW D FLEISHER ERSKINE & FLEISHER 55 WESTON RD - STE 300 FORT LAUDERDALE FL 33326-1170 Certified by: JAMES A. MOTIL, JR. andrew_fleisher@eflaw.net Toll-Free: (800) 397-9345 Telephone: (954) 384-1490 FAX: (954) 384-4088

___________________________________ 113 S DELANEY AVE AVON PARK FL 33825-3930 (863) 443-1061