Mr. Chris Case, Sui Juris
Citizen of Florida state
c/o general delivery
Key West [zip code exempt]
FLORIDA STATE
In Propria Persona
All Rights Reserved
without prejudice
In Equity
CIRCUIT COURT OF FLORIDA STATE
MONROE COUNTY
Chris Case, ) Case No. 97-441-CA-18
)
Plaintiff, ) VERIFIED PETITION IN EQUITY FOR
) TEMPORARY RESTRAINING ORDER:
v. )
) Fifth Amendment, due process clause;
Pier House Joint Venture, ) Universal Declaration of Human Rights
) and International Covenant on Civil
Respondent. ) and Political Rights, enacted with
) with explicit reservations
__________________________)
COMES NOW Chris Case, Sui Juris, Citizen of Florida state,
expressly not a citizen of the United States ("federal citizen"),
and Plaintiff in the above entitled matter (hereinafter
"Plaintiff"), to petition this honorable Court for a Temporary
Restraining Order ("TRO"), temporarily to restrain the
Respondent, all of its officers, employees, agents, and all
interested party(s) who may assert a claim in the instant matter,
from converting the payment of funds, now owed to Plaintiff for
His labor performed under a lawful contract with Respondent for
same, to any third party, without due process of law, and without
a court-ordered warrant of distraint having been duly issued and
properly served upon Plaintiff and Respondent, authorizing same;
and for all other relief which this Court deems just and proper.
Verified Petition in Equity for Temporary Restraining Order:
Page 1 of 5
Plaintiff respectfully wishes to request this honorable
Court to take formal judicial notice of the fact that Plaintiff
is proceeding In Propria Persona in the instant case, and not
"Pro Se". The term "Se" is a neuter Latin pronoun which refers
to a fictitious and/or juristic entity, and not to a living human
being who is competent to handle matters of law and equity which
arise in His own life. See Haines v. Kerner, 404 U.S. 519, 520
(1972). Plaintiff is not "representing" Himself, because to do
so is to stand in someone else's place, as that Person's
substitute. Plaintiff cannot stand as a substitute for Himself.
Lex non cogit impossibilia. See also Sixth Amendment.
Plaintiff now has probable cause to believe that Respondent
intends to breach the labor contract which Respondent has
consummated with Plaintiff for the provision of Plaintiff's
professional services to Respondent and its several customers.
Plaintiff submits, for the careful consideration of this
honorable Court, that a valid contract cannot be sustained, if
either party intends to violate the supreme Law of the Land under
color of one or more terms of said contract. Fraud vitiates even
the most solemn promise(s). Confer also at "Anticipatory breach
of contract" in Black's Law Dictionary, Sixth Edition.
Waivers of fundamental Rights will never be presumed, and
can only be established by competent evidence of conscious
choices which Plaintiff has made knowingly, intentionally,
voluntarily, and by means of intelligent acts done "with
sufficient awareness of all the relevant circumstances and likely
consequences". See Brady v. U.S., 397 U.S. 742 at 748 (1970).
Plaintiff submits that no such competent waiver by Him exists.
Verified Petition in Equity for Temporary Restraining Order:
Page 2 of 5
Accordingly, Plaintiff submits that the contract in question
exhibits absolutely no competent waiver(s) of Plaintiff's
fundamental Right to due process of law, nor has Plaintiff had
the benefit of due process of law, in the instant case.
Specifically, Plaintiff alleges, and offers to prove, the
following four (4) essential facts:
(1) Plaintiff has not been served or otherwise presented
with any verified complaint or summons, notifying
Plaintiff of another party's institution of legal
proceedings to authorize the deprivation of Plaintiff's
Right to work;
(2) Plaintiff has not previously had an opportunity to
appear in a court of competent jurisdiction to present
and assert Plaintiff's position in re: Respondent's
anticipatory breach of the contract in question;
(3) Respondent has not been served or otherwise presented
with any court-ordered Warrant of Distraint, as
required by the holding in United States v. O'Dell, 160
F.2d 304 (6th Cir. 1947); and,
(4) Plaintiff has retained the assistance of Counsel, whose
finished work perfects a common law lien superior to
that of any other allegedly interested third party.
REMEDY REQUESTED
Wherefore, all premises having been duly considered by this
Court, Plaintiff hereby respectfully requests a Temporary
Restraining ORDER, lasting thirty (30) calendar days, to be
issued upon Respondent, temporarily to restrain Respondent, and
all of its officers, employees, agents, and all allegedly
interested party(s) who may assert a claim in the instant matter,
from converting the payment of funds, now owed to Plaintiff for
His labor performed under a lawful contract with Respondent for
same, to any third party, without due process of law having run,
and without a court-ordered Warrant of Distraint having been duly
issued and properly served upon Respondent, authorizing same.
Verified Petition in Equity for Temporary Restraining Order:
Page 3 of 5
VERIFICATION
I, Chris Case, Sui Juris, Citizen of Florida state,
expressly not a citizen of the United States, and Plaintiff in
the above entitled matter, hereby verify, under penalty of
perjury, under the laws of the United States of America, without
the "United States", that the above statement of facts is true
and correct, to the best of My current information, knowledge,
and belief, so help Me God, pursuant to 28 U.S.C. 1746(1).
Executed on: ______________________________________
Respectfully submitted,
/s/ Chris Case
____________________________________________________
Chris Case, Sui Juris
Citizen of Florida state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Verified Petition in Equity for Temporary Restraining Order:
Page 4 of 5
PROOF OF SERVICE
I, Chris Case, Sui Juris, hereby certify, under penalty of
perjury, under the laws of the United States of America, without
the "United States," that I am at least 18 years of age, a
Citizen of one of the United States of America, and that I
personally served the following document(s):
VERIFIED PETITION IN EQUITY FOR
TEMPORARY RESTRAINING ORDER:
Fifth Amendment, due process clause;
Universal Declaration of Human Rights and
International Covenant on Civil and Political Rights,
enacted with explicit reservations
by placing one true and correct copy of said document(s) in first
class United States Mail, with postage prepaid and properly
addressed to the following:
Ms. Joy Smatt, General Manager
Pier House Joint Venture
c/o 1 Duval Street
Key West [zip code exempt]
FLORIDA STATE
Dated: _________________________________
/s/ Chris Case
__________________________________________
Chris Case, Sui Juris
Citizen of Florida state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
[See USPS Publication #221 for addressing instructions.]
Verified Petition in Equity for Temporary Restraining Order:
Page 5 of 5
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Chris Case v. Pier House Joint Venture