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Glenn A. Baker #K86475 New River Correctional Institution P.O. Box 900 Raiford, FL 32083
Re: Notice of Inquiry received June 23, 2021
Dear Mr. Baker:
In response to your Notice of Inquiry, after searching our case management system, I failed to locate any filings from you'after we received your initial filing that was dated at your institution as received on November 24, 2020. As you accurately stated, I responded by letter dated December 1, 2020, with a letter that contained that language. However, our records indicate that we never received any other filings from you up until today. Hopefully you will be able to resend the documents.
Sincerely,
Jo n A. Tomasino
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L6leAn A.Bayes Q.&ygGIT C h½LhEmmacy Re ha kee ed to The s entoo codoF 500 Sown ow^d Sye To GAh And to CAEk 06 CotMtir - /hAC n (o14n oddu4_fsAof d o/G S¼yhkoubm½Q o A _to_Attorney_Tames t‰ S†wck (Adothe C-.ff nad e o0 f.9 OO4_£¾oLubQA th___~$3 200 . ly-eL«as_in k c ad s of tüon oC¾¼t AmvRi±er cemee± . . . GlenaAAst a2Afte . .0.6oxto . anh estantent ALLEN CRESSIE BAKER, JR. ...... LlTTÑIAN, & SHERLOCK. P.A. ATTORNEYSAT-LAW P.O. SOX 1 197 STUART. FLORIDA 34995 LAST WILL AND TESTAMENT OF ALLEN.CRES5IE BAKER, JR. I, ALLEN CRESSIE BAKER, JR., presently residing and domiciled in Martin. County, F.lorida., make this my Will and revoke all prior Wills and Codicils. ARTICLE I - From the assets of my estate, my personal representative shall pay all reasonable and necessary expenses of my last illness, funeral, and burial for which claims are timely filed. ARTICLE II I have one child now living: GLEN A. BAKER,.1090 SW 34th Street, Palm City, FL 34990. ARTICLE III My tangible personal property shall be disposed of as follows: A. If I lea've any memorandum signed and dated by me and which is found with my Will, which disposes df-any of.my tangible personal property, then I direct my personal representative to distribute that tangible personal property in accordance with the memorandum to those beneficiaries named in it who survive me. B. Any tangible personal property not effectively disposed of by this memorandum shall become a part of the residue of my -estate. ARTICLE IV 4 Ogs . I give to my parents, LUCILLE BAKER and ALLEN C. BAKER, also .kitoùrr as ÓRÓS Ilif BÃRERf or if either of them fails .to survive me, then to the survivor of tÈbm, any and all interest I may have in the following real property in Martin County, Florida: Commence at a point a distance of 310 feet North of the Southeast corner of·thg.;Sou.theast quarter of the Southwest quarter of the-Southwest quarter of Section 9, Township 38 ·Sou h Range 41 East; thence-run West a distance of 217.8 feet parallel with tlie south line of the section; thence run North a distance -of 100 feet; thence run East. a diatance of 217.8 feet; thenc.e run South a distance..of 100 .feet to the.point oE beginning; SUBJECT TO an easement .over the East 25 feet thereof for right-of-way of county road. f give the residùe.of my estate to my son, GLEN A. BAKER, per stirpes. ARTICLE VI I intentionally omit and do not provide for any relatives or other persons not named in this Will. This omission is deliberate and is not because of oversight on my part. ARTICLE VII , /)1 /T)gf) I name· my brother, RTCHARD JAMES BAKER, whose present address is P.O. Box 3264, Stuart, FL 34995, as personal representative of my estate. I direct that no bond shall be . required of him while serving as my personal representative. ARTICLE VIII The personal representatives named in this Will, and their. successors and parties serving in their stead, shall be governed by the provisions of S.733.612, Florida Statutes (1993), that are not in conflict with this instrument, and shall have all additional powers-and protection granted by statute to them at the time of application that are not in conflict. with this instrument.(Any Trustee .serving under thi.s Will shall be governed by the provisions of Chapter 737, Florida Statutes (1993), that are not in conflict with this instrument. In addition and not in limitation ·of any common-law or any statutory authority, and without application to any court, they shall follow the directions hereafter given and shall have the powers and responsibilities described below to be exercised in their absolute discretion. a) To assign, transfer, lease, s 1 and convey any and all of the·property of lay·estate and any trust, or any part thereof, upon such terms,- conditions, and for such consideration as my personal represent.ative may deem ..:...... appropriate. hý drdio both teaÈ and personal.property , .for the purpose of obtaining funds for the.:payment of . . taxes, claims and costs of the administration, payment .. of bequests änd malEing distributions, conversion into cash, management o.f the property, and for every other proper purpose, they may acquire, sell, borrow, mortgage, pledge, transfer, and convey in such manner 2 . and on such terms, without limit as to time, as they may de.em advisabl.e, even for the terms beyond the expected administration of·my estate, and no purchaser or lender shall be held.1-iable to see to the propriety of th.e transaction 0.r to· Whe application of the proceeds. (c) To pay expenses that are reasonable for the delivery of gifts made by this Will. (d) To pay any pledge to a charity made by me in writing if in the judgment of the personal r.epresentative I would want the pledge paid. (e) The distribution of a gift to a donee who is a minor at the time of distribution shall be made to·the Custodian for the minor under the Florida Gifts to Minors Act. If there is none, the Custodian shall be appointed by the..personal representative, and any party serving as. personal representative may be appointed as Custodian. (f) If any gifts of my residuary estate consist of shares of certain assets of my estate, those shares need not be satisfied by strict distribution. of equal shares in those assets or of undivided shares of those assets. Instead, in the sole discretion of the personal representative making a distribution, the distribution may be partially or wholly satisfied in cash or in kind or by both; provided, however, that distributions shall fairly reflect at the date of each distribution the net appreciation or depreciation in value of all the assets then available for satisfaction of the gift or distribution. I HAVE DECLARED this instrument to be my Will and have signed my name at the end of it and upon each page thereof for greater security and better identification on this day ALTSEN CRESSIE BAKER, JR. WE CERT.IFY that in our presence the Testator signed the foregoing instrument, consistin.g of four typewritten pages,. and acknowledged it to be his -Will, and at his -request, and in his presence, and in· the presence of each other, we have signed our names below as witnesses on Y\0 , 1994• Address 3 STATE OF FLORIDA COUNTY OF MARTIN We, ALLEN CRESSIE BAKER, JR., ./, ., and 4)-rf ., , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator signed the instrument as his Last Will and Testament; that he signed voluntarily; that each of the witnesses, in the presence of the Testator, at his requestr and in the-presence of .each other, signed the Will as a witness; and that to the best of the knowledge of each witness, the Testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. Testator . ? n-af Witness o . . (- \./ Witness Subscrib.ed and sworn to before me by ÂLLEN CRESSIE BAKER, JR., the Testator, and the witn.esses d A--Ju , and to ,, each of whom is personally known to me and all of whom did take an oath on , 1994. Notary P blic My Co ssion Expires: VIRGINIAP|TTSHERLOCK MYCOMMISS!0NfCC 372080 EXPRES: JuneS. 1998 ponded Thm Nowy PubUs . 4 FIRST CODICIL TO LAST WILL AND TESTAMENT OF - ALLEN CRESSIE BAKERr JR. I, ALLEN CRESSIE BAKER, JR., presently residing and domiciled in Martin County, Florida, having made.my Last Will and Testament dated ·May 27,.1994,-make this First Codicil to my said Last Will and Testament. I hereby amend rity said Last Will and Testament by deleting ARTICLE IV in its enti.rety, and I make no substitution therefor. I·t is my intent in making this codicil that the real property I own in Martin. County,.. Florida, which is referenced.in said ARTICLE IV, shall·become part of the· residue. of my estate. . and pass to the residuary beneficiary of my Will. I further amend my Last Will and Testament by deleting ARTICLE.VII in its -entirety and by. substituting·in its place and stead the following: 'ARTICLE VII I name my son, GLEN A. BAKER, as ·personal r.epresentative of .. my .estate. .If he failà or cea.ses to serve, I name my brother, .. RICHARD JAMES.BAKER, -as personal representative. - I-direct that rio·bond shal). be required of eith'er .of them while serving ás my pei·sonal representative." -' .. Except as the same is a:ltered, .amended or modified.by. this . . godicil,. p.he¼eby rati·fy, còn .irm-and répulilish my said.Last Will and Testament. 3 Testator, at his request, and in the presence of each other, signed the Codicil as a'witness; and that to the best of the knowledge of each witness, the Testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. Testator Witne s s Diria M. Jouver Witne s s Judith A. lerson Subscribed and sworn to before me by ALLEN CRESSIE BAKER, JR., the Testator, and the witnesses , Dina M. Jouver Judith A. Pierson , each of whom is personally known to me and all of whom did take an oath on ofB , 2005. Notary Public My Commission Expires: EMERITAC. KAPLOW MYCOMMISSIONID0322480 EXPIRES: May24,2006 emunmaudgaw smkes 3 WILL OF ALLEN CRESSIE BAKER, JR ARTICLE I. DECLARATION OF WILL I Allen Cressie- Baker, Jr., of Martin County, Florida, declare this.my Will. I revoke all prior wills and codicils that I have made, including my May 27, 1994 Will, but do not revoke any separate written lists...... ARTICLEII. RESIDENGY. . I a citizen of the United Statesä$Ãmerica. I reside in the State of Flonda. My legal sicience is 231 S.E. Seville Strëet,.Štuart, Florida 34994. My Social Security number is . . If, at the time of my death, 1 reside in the State of·Florida, I direct that the domiciliary administration ofmy estate be conducted in the county ofmy residence. ARTICLE III. PEOPLElVAMED 3. The following people are named in some capacity in this Will: 3.1 My brother, Richard James Baker, whose current address is 2316 Valesquez Street, Stuart, Florida 34997. 3.2. 1Ùfy mother, Lucille Baker, whose current address is 2,326 Valesquez . , . - Street, Stuart, FL 34997. 3.3. My niece, Rena Jane Baker, whose current address is P.O. Box 213, Stuart, Florida, 34995-0213. 3 4 My attomey, Anthony D. George, Jr., whose current address is 759 ·S. Federal Highway, Suite 219, Stuart, Florida, 34994. ARTICLE IV. SEPAR&TE WRITING 4.1. . I map-prepare a tten statement or list (a g sep e f1om 11 · items.of tangible personal property. if I prep r1 identiÈed The ]ist w.ill also name the . withdpscribe each.item so the item inay be e. y persoirto receive each item. . 2 If n àch list is found and prop.erly identified by or made known to my Pers Representative in no greater than 30 days after Letters of Admimstration are 1ssue , it will be conchisively presumedthat no such list exists. dis osition of personal effects and furniture or other tangible personal property n this Will will be subordinate to any disposition I make in the separate written list. AnthonyD. George, Jr. 89:C Wd 18 1308103 Royal Palm Financial Cen er °ÉrTai .d "03 NI18VW COPY (561) 286-2200 080338 U03 03-11.3 Will Aflen Cressie Baker;Jr. ARTICLE V. SPECIFIC DEVISE 5. I devise to LUCILLE BAKER, if living, any and all interest I may have in the following real property in Martin County, Florida: Commence at a point a distance of 310 feet North ofthe Southeast corner ofthe Southeast quarter of the Southwest quarter of the Southwést quarter of Section. 9, Township 38 South, Range 41 East; thence run West a distance of217.8 feet parallel with the south line ofthe section; thence run North a distance of 100 feet; thence run East a distance of 217.8 feet; thence run South a distance. of 100 feet to the point of beginning; SUBJECT TO·an easement over the East 25 feet thereof for right'1of-way county road. ARTICLE VI. SURVÑAL REQUIRED 6. . If-any beneficiary dies in 'no greater than 30 days of the date of my death, any interest which would have passed to the beneficiary under any provision ofmy Will is to be disposed of as if the beneficiary bad predeceased me. If my .estate is required to file a federal estate tax return (Form 706'),'this Article shall·not apply to any devise, whether outright or in trust, which would, by operation of this Article, become a direct skip, a taxable tennination or a taxable distribution as defined in §2612 of the Internal revenue Code, to the extent ofthe excess ofthe value of all these transfers over the amount of my . unused exemption as provided in §2631(a) ofthe Interi1al Revenue Code. · ARTICLE VH. RESIDUE 7. · I give the residue ofmy estate to RENA JANE BAKER, per stirpes. ARTICLBVIII. NOMINATION OF PERSONAL REPRESENTATIVE 8.1. I nominate RICHARD JAMES BAKER as Personal Representative of this Will. If rny designated Persollal Representative fails to qualify or ceases to serve, I nominate ANTHONY D. GEORGE, JR. as alternate Personal Representative. 8.2. I direct that my Personal Representative not be required to post bond for the . faithful performance of such duties in Florida, or in any other jurisdiction in which Iny said fiduciaries may qualify. ARTICLE IX. POWERS - 9.1. I grant my Personal Representative the power to sell, assign, transfer, mortgage, lease'for aný teiin (even thoitgh commencing in the future or extending beyond tlie date of final distributi6n on my estate), acquire or grant options to p1irchase and·convey any security or property, real or personal held in my estate, at public or pnvate sale, and at such time and price and upon such terms and conditions (including credit) as my Personal Representative detennines. I also grant my Personal Representative every power granted to Trustees under FLA. STAT. §737.402 or Chapter 738 ofthe Florida Statutes. 9.2. It will not be necessary for my Personal Representative to rent any residence· owned by me at my death during the period of administration. 9.3. I authorize my Personal Representative to make distributions in satisfaction of any pecuniary or fractional share devise or statutory share or charge, by distributing cash Anthony D. George, Jr Royal Palin Financial Center . f^ 2 759.South Federal Hwy., ste.219 .. L--o - . a Stuart, Florida34994 ' A.C.B. ( ) 286-2200 . Will ofAllen Cressie Baker, Jr. . or specific property, real or personal, or an uñdivided interest therein, or partly in cash and partly in such property, and to do so without regard to the income tax basis of specific property allocated to any beneficiary or any share and without maldng pro rata distributions of specific assets. My fiduciaries are authorized, but not required,.to make equitable adjustments for differing financial affects oftax elections or distributions. 9.4. If any distribution is due to a minor with no legal guardian, it may be made to a parent ofthe minor as custodian under the Florida Transfers to Minors Act. I DECLARE THIS MY WILL. I HAVE SIGNED IT AT· STUART, FLORIDA ON NOVEMBER 12TH, 1998. Allen Cressie Baker, Jr. TNIS INSTRUMEN'i, ·CONSISITNG OÈ. 4 PAGES (1NCLUDING TH11 SELF PROVING A FIDAVIT), EÁCH PAGE IsEARING THE INITIALS OF THE TESTATOR SIGNED BY ALLEN CRESSIÉ B dÓ3R, JR. AS HIS . WILL IN THE PRESENCE OF THE UNDERSIGNED WITNESSES, HE FIRST SIGNING IN OUR PRESBNCE AND WE THEN SIGNING 1N . IS PRESENCE AND THE PRESENCE OF EACH OTHER THE DAY AND YEAR WRITTEN ABOVE. of 3121 $.E. Bedford Drive Anthony D. Geoige, Jr. Stuart, Florida 34997 gy')£,(f } 249 S.W. Essex Drive Michelle A. Lapidul Port St. Lucie, Florida 34984 STATE OF FL'ORIDA ) COUNTY OF MARTIN ) We, the undersigned testator and witnesses, respectively, whose names are signed to the foregoiiig instrument, having been sworn, signed and declared to the undersigned officer that the Tesfator in the presence of the witnesses signed the instrument as his Last Will and Testament, that he signed voluntarily, and that each of the witnesses, in the presence of the Testator and m the presenc,e of each other, signed the Will as a witness. Testa or: Allei1 Cressie 'er, Jr. Witness: Anthony D. Gedrge, Jr. Witrfess: Michelle A. Lapidus . Sub ibed and sworn to -before me by Allen Cressie Baker, Jr., the Testator, who produced fgw as identification, and by Anthony D. George, Jr. and Antifony D. George, Jr Royal Palm Financial Center . 3 759 south Federal Hwy., ste.219 - _. Stuart, Florida34994 A.C.B. (561) 286-2200 Will ofAllen Cressie Baker, Jr. Michelle A idus the witnesses, (who are both personally Imown), on the 12ti' day of otary Public: Tamara McFarland . Tamara L McFadand My Commission Expires: MyCommission CC738894 Expires May 3, 2002 Anthony.D. George, Jr. . Royal Palm Financial Center 759 South Federal Hwy., Ste. 219 Stuart, Florida34994 AÎC.B (561) 286-2200 . f- f6Qe.T ffe cop c- cdhow| yagwk pottent ber· S po CB &Lesn er Ms47 Vew River Coh, facA\Vry . Tatnes M. #+ucKe p 6e Ayemey At L 2 fs . (3a) j€00 Sher†t ‰riAn 3ttfqC -f gañ R Es+nte, os pr t en c.. spre , Dent M r 5+ui r.Vey. retiweA year octobec3onagg tewer an areeeinbec pha jg the Pa aFa(\ neuqs aG inf ‰kers dee¼ Î.s eningounded by tAw:. c44a+ I?tn O^scently mearcerded, T/vis pa^n y< ( c (ngr' urumped hy ft 7,ga¼ ‰+ m Gemity thernber is A†3empking to Steel my Gearts pagerty ‰rt me, believin fey becnase of thy Chktr†' 5Nsti'on Sece'f betkiny I can o to seehu Fnr\oSed flenSc FinA n fopy oFtny ¶ederS La½wn en .... 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I¥ fecsonal fef W† Ter inf tw2¥ fau ¼ Geryo Ato tice no (4thA cca_qe. ¾orm95 . nod Richtt<à snees (AAYer he+ i¥ fey n+†eme++o w†ec.±be frofeAf w͆hog+ we j(qission ½tin (ne- or any eq†+orney efresenwg me ror +he yelit.irraø (aurpsb aF AeS3r_qjbg rec o sonni be)ch9inst oE mine, wht¾ hee beeñ stored ro the torne, SaT1ca n y d ivort;ei {¼ 9n19 -they win be pwsecmsed $y (.mw .mwd 1 w ‰ A civ;) 54 mypins+-them ha¾- tdnal Vinany, since iny unch fiched kns laeen im}unbeil V peg>ò3 ‰ froføAy $ es on ‰, gçger+ M his min to h t ofh.er y Feher, stn now conce Gaecs es*de d 5 assste o nus peams e(b-etedıL_Ebr_ely Eanscastad-111 SAs‰_8/so gatte onsd,1_ne_&nencGh9 A cagy-o F_this_/enr- to sun kdahw‰vxin-Test Eluú/& s-cons‰±im agean e me J»_±hiramiksha anù±mrw& / r &\enn f3nK r O c-lc8 / spc - + a A Filitig # 80255576 E-Filed 11/02/2018 12:58:46 PM r e 2oFa 6 IN THE CIRCUIT COURT FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF File No. 18-797 CP ALLEN C. BAKER, JR., Deceased. ORDERDETERMINING HOMESTEAD STATUS OF REAL PROPERTY (testate - devised, heirs, no spouse or minor child - exempt from claims) On the petition of Rena Jane Thomas for an order determining homestead status of real property (the "Property"), all interested persons having been served proper notice of the petition and hearing, or having waived notice thereof, the court finds that: 4/8+ to 1. The decedent died testate and was domiciled in Martin County, Florida; 2. The decedent was not survived by a spouse or minor child; 3. Decedent's homestead was devised to one heir ofthe decedent; 4. At the time ofdeath, the decedent owned and resided on the Property described in the petition; it is ADJUDGED that the following described Property: Commence at a point a distance of 310 feet North of the Southeast Corner of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 9, Township 38 South, Range 41 East; thence run West a distance of217.8 feet parallel with the south line of the section; thence run North a distance of 100 feet; thence run East a distance of217.8 feet; thence run South a distance of 100 feet to the point of beginning; SUBJECT TO an easement over the East 25 feet thereof for right-of-way of the county road; constituted the homestead of the decedent within the meaning of Section 4 of Article X of the Constitution ofthe State ofFlorida. It is ADJUDGED FURTHER that, as ofthe decedent's date ofdeath, the Property was validly devised to and the constitutional exemption from the claims of decedent's creditors inured to the following persons: NAME ADDRESS RELATIONSHIP SHARE Rena Jane Thomas · 2621 S.E. Galaxy Way Niece 100% Stuart, FL 34997 It is ADJUDGED FURTHER that the personal representative is authorized and directed to surrender all of the Property which may be in the possession or control of the personal representative to the persons named above, and the personal representative shall have no further responsibility with respect to it. ORDERED on November 2, 2018. Elizabeth A. etzger Circuit Jud e c w co oes ro$øe- o ns on cc ALLFA ca3 Pewivi on sn) MPo5rWoA/ 19 PRaPasEO Tg1 og o fsT 55 çs fucsanal20 f ,ok&nLahA aoo thi tkI1AanecahLema&nadíG p are [stchkio ASLercia abawskyld cagw.. b a - a a ÎAhiaG±C142hreece26e a accedrfaceed fø_se es*&anstkadaw agsla esta n a ‰me euetanewà mnwiaconsissen o AAdJeE±ggeahdA ÂJR94pna f±‰miran .acehondam chhd or e set LankiA _namzliLthe_1assuikLm&Ltextiaed and ke cmten esed Alsvib on a easMed-!,stmnts idfuneah(LSgg (ace c . songctis_ñüL‰_nme e 't . ed e QmvQe.s ‰c_‰ I ree or ant s . c e e s [ a a a . . . . C2 I (f U C ( sc ammy e a & . ACCOYÅ .in / es Rhent.Anc fe chd a 9 er+ sche . . Glew &&AKe4 C KRegy Cw% sud To thht fe nro me ed c .. . CÒÚú 0 94V CB . es EACCRfnff ‰rt e. W«e ad core t coey eLt½ yar few in owshten to rgasd aq¼g+ion nE £s‰¼ aMW hat he (v4nioed +o d eric as caf meetih cannty cawthonse p tor for ce a (Louw nél is¼rack, fWA Mgheritarmstmpactey Es n for g eha Jíee Tlwind, A‰f3of1.20|?tS¾wn4fi(ævelh 39 the VA, f6{¼f Sedñte on ‰'s f djg oG yeMbec 9ertf Gtehh A I AM2fr0.C.WLTs' 47€" Neviever cóvre nw) .grS¾¾- Eon pe.gay q€ ...... ‰&cd 2ords surr5.-aeco JAMES M. STUCKEY ATTORNEYAT LAW (772) 223-8100 FAX NO. (772) 223-1430 MailingAddress: Street Address: Post Office Box 1800 428 SW 75 Street Stuart, Florida 34995-1800 Stuart, Florida 34994 November 15, 2018 Glenn A. Baker, D.C.K86475 New River Correctional Facility PO Box 900 Raiford, Florida 32083 Certified Return Receipt Requested 7017 1450 0002 2827 0923 Re: Estate ofAllen C. Baker, Jr. Dear Mr. Baker: I am in receipt of your letter dated November 5, 2018 with regards to your father's estate. I am enclosing a copy ofthe only original documentwe have whichis the Last Will and Testament dated November 12, 1998. Please advise ifyou have or know ofthe location ofthe original first codicil you are referring to in your letter. It would need to be filed with the probate court and verified. If you do not have the original or know of its location, do you know who prepared the first codicil in question, so we can ask them to file it. Also, ifyouhaveretained an attorneyinthis matter please forwardthis letterto themand have them contact me directly. Sinc ly, ames M. Encl. t)eÂAlver core,SEnsth‰n 0.60% 9o0 Filecogy 2½/0An $ she6ack, F.A. 8½acneys As Led P.O. E,of M1 het, Boch 3WK ' ceWSied coffer of de. radiCS +o rny F4thtc, /qlle c.6g€ÇT Ln54 vW\\ and tes+ntnent neeJ£.2 For frobste icrae. Deac neerney, 9)ense ecovide An¿ braintè 40 me ceeC3)ceetned caries oF ·tAe enc\osed)"Gics+ cod cho my deceased Edes may ¼.st w;u aJ goaS,%e,vvi\l WASfeefecec by fo ¼ese cacies nee needed by de ce cowet To martio counsy nd (cc {ny AN\omey and thr- Aitorny feffeterrtin t (hry rt) q .Çq{se c¼In -to (h7 F©1her'S esh‰ 3. Mathi.l is4ed fersonal tzeeresene en y Gathes es4M ThenK ych r foiac fraing† fe-Sfcin.Se †o' ñk T S fro biene Co n,otte ReO ED TO geseec¼A)t NOV , FOR MAILI ENETIALS /nt stenn a G e ecsonal Represenc· e ... (nwkin Co ½ James M. Stuckey, Esq. P.O. Box 1800 · Stuart, FL 34995-1800 Re: Estate ofAllen C. Baker, Jr. Dear Mac: I have been unable to locate any estate planning documents for Allen C. Batter, Jr., which were prepared in this office subsequent to the May 27, 1994, Will that was revoked by execution ofa new Will prepared by Tony George and signed by the decedent in November of 1998. I have not foundthe original nor any copy ofa Codicil to the 1994 Will, and my files reflect no evidence ofsuch a Codicil having been prepared or executed in my office. The copy ofthe 2005 Codicil that was providedto me indicates that Dina M. Jouver and Judith A. Pierson were attesting witnesses and Emerita C. Kaplow was the notarypublic. Dina still works in my office but has absolutely no recollection ofthis instrument. Copies ofthe first pages ofa Living Will and Designation ofHealth Care Surrogatepurportedly executed by Allen Cressie Baker, Jr., were also provided, although the notarization clause has been cut offon each document. Again, the instruments were purportedly witnessed by Dina M. Jouver and Judith A. Pierson, but I have no record ofthese documents in any ofmy files. It isiny practice to retain copies ofall estate platifling documents prepared in oui' office or executed in the presence ofmy staff. Copies ofthe documents offered by Glen A. Baker are not in any ofmy files nor in my electronic storage directories. I am sorry I cannot be ofassistance to you in locating or validating these instruments. Sincerely, LITTM , HERLOCK & · IMS, P.A. V ginia P. Sherlock VPS/nol DEAN MEAD AUORNEYS AT LAW Dean, Mead, Minton & Zwemer Attorneys and Counselors at Law 1903 South 25th Street, Suite 200 Orlando P.O. Box 2757 (ZIP 34954) Fort Pierce / Stuart Fort Pierce, FL 34947 • , Tallahassee Viera / Melboume (772) 464-7700 BRAD GOULD (772) 464-7877 Fax Board Certified Tax Lawyer www.deanmead.com 772-464-7700 x. 6704 [email protected] October 24, 2019 Glenn A. Baker, D.C. K86475 New River Corr. Institution P.O. Box 900 Raiford, FL 32082 Re: Estate ofAllen C. Baker, Jr. Dear Mr. Baker: Thank you for your letter of October 17. Upon our review ofyour prior e-mail and the information prior to your letter, we looked into the status ofyour father's estate. Based on the information in the public records and court docket, we do not believe we will be able to assist you in this matter. Thank you for your inquiry. Ve y , Brad Gould BRG:ms ...... -...----...-..--...... -. A Member of ALFA International - The Global Legal Network O2629722.v1 CRARY+BUCHANAN A T T O R N E Y S A T L A W EVANS CRARY (1905-1968) ------t BOARDCERTIFIEDCIVILTRIALLAWYER LARRY E. BUCHANAN (1941-2012) - * BOARDCERTIFIEDIN WILLS, TRUSTS C a t 759 SW FEDERALHIGHWAY, SUITE 106 . O CYR EDINREALESTATELAW LAWRENCE EVANS CRARY III STUART, FL 34994 * MRMSUM COURTCERTIFIED n.WILLIAMMICHAELF. CRARYCRARYII ‡ D TELEPHONE: (772) 287-2600 =CIRCUiTMRhEDIAMRSUM COURTCERTED STEVEN D. BERES * JENNIFER L. WILLIAMSON m 4 MRIDA SUPR E COURT QUAIRIED W. SCOrr TURNBULL O OF COUNSEL LINDA L. WEIKSNAR JEFFREY J. SAUNDERS AMY J. MONJZ ROBERT A. SHAFFER MICHAEL J. CRISTOliORO MATFHEW L. WORSHAM October 23, 2019 Glenn A Baker DC K86475 New River Corr. Institution P.O. Box 900 Raiford, FL 32083 Re: Legal representation Dear Mr. Baker, Thank you for considering Crary Buchanan for your legal situation. We will not be able to àssist you with this matter. Sincerely, Jim Menendez,CLM Administrator Law Offices of John Mangan, P.A. 901 SW Martin Downs Blvd., Suite 205, Palm City, FL 34990 Tel.: 772-324-9050 • Fax: 772-919-4291 John J. Mangan, Jr. Attorney & Counselor at Law Board Certified Wills, Trusts & Estates Specialist Glenn A. Baker, D.C. K86475 New River Correctioñal Institution P.O. Box 900 Raiford, FL 32082 October 24, 2019 RE: Estate of Allen C. Baker, Jr. Dear Mr. Baker: I am in receipt of your letter dated October 17, 2019. Thank you for your inquiry, and my condolences on the loss of yourfather. However, I must decline representing you in the above- referenced matter. While our office does regularly represent clients in probate administration, we generally choose to work only on uncontested matters. Obviously, yours is a contested matter for which probate litigation counsel would be appropriate. My suggestion is that you retain a probate litigator. Sincerely, John J. Mangan, Jr., Esq. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT INAND FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF . , ALLEN C. BAKER, JR. Case No: 18-797-CP . . Deceased PRO NOTICE OF INQUIRY COMES NOW, the Petitioner, Glenn A. Baker, pro se, pursuant to Florida. Probate itule 5.200(A) and files the above titled motion in good-faith seeking information on the current status of the estate of the .deceased, Allen C. Baker, JR., and request an action, order, or ruling on the matter ofthe estate ofthe deceased. FACTS FO THE CASE 2 1) On November 10*, 2018, Petitioner filed a "Petition In Opposition of Estate Assets". As of this date Petitioner has received no response from the probate court on this Petition. 2) On November 5*, 2018, I wrote a letter to Attorney James M. Stuckey in which I enclosed a copy of my fathers original last will and testament dated May 27*, 1994. Also enclosed with that letter I provided attorney Stuckey a copy of the codicil my father published in December 286, 2005, to this same will. 1 Blacks Law- 10* Edition defines a codicil as follows: A codicil, from codicillus, a small codex, a little book or writing..Maybe defined as a writing by the testatof intended as a supplement o addition to his will, the efket of whi'ch may be either to enlarge or restrict it, or to annul or revoke it altogether. It may add to or subtrhct from provisions ofthe will, may explain or alter, confirm or revoke them wholly or in part; or when the will itself is invalid, may be valid re-execution and republicationrevive and renew the will¹. Codicillus: (Latin) "Little Document'.'-Roman Law, 1.) an informal docu‡ient instructing an heir to carry out a certain performance, U.S.A the payment ofmoney or the transfer ofproperty to a third person. *During the reign of Augusts (27 B.C.-A.D. 14), directives (Fideicomniissa) contained in codicilli became legally binding, (See Fideicommissum).2) an imperially gralited appoinment or special privilege. INTENT OF THE CODICIL OF THE LAST WILLAND TESTAMENT OFALLEN C. BAKER, IR. On December 28*, 2005, Allen C. Baker, Jr. had the lawfirm of Littman & Silerlock, P.A., P. O. Box 1197, Stuart, Florida 34995 draft a codicil to his last will and testame'nt dated May 27*, 1994, which was also drafted by Littman & Sherlock, P.A. The Petitioner, also the only son and legal heir to the estate of en C. Baker, Jr., jhereby states for the record that he has provided this Court with a valid argunient challengirig the "validity" of the last will and testament ofthe deceased, Allen C. Baker, Jr., drafted by attdrney "Anthony R George, Jr." on November 12*, 1998. However, Petitioner also claims that the validity of the November 12*, 1998, Last Will and Testament of the deceased, Allen C. Balder, Jr., is a "moot" 1 H.C. Underhill, a treatsie on the law ofwills * at 11 (1900). 2 point due to the existence ofthe December 28*, 2005, codicil to the deceased original Last 5/ill and Testament dated May 27*, 1994 drafted by Littman & Sherlock, PÁ. This codicil represents a valid re-execution and republication of the original May 27*, 1994 will which effectively revives and, renews my father's original 1994 will and has the Legal effect ofinvalidating the 1998 will. The intent of•the codicil is clear and certain concerning my father's intention that his residential property is to pass to me his only son and legal heir. (See Article VI of the 1994 Will below); ARTICLE VI "I intentionally omit an do not provide for any relatives or other persons not named in this will. This omission is deliberate an is not because of oversight on my part." . RELIEF SOUGHT The Petitioner therefore, request this Honorable Court Honor the terms and conditions of the deceased, Allen C. Baker, Jr., as expressed in both his 1994 Last Will and Testament and in the codicil to the 1994 will drafted on December 286, of2005 and enter an order granting ownership of the deceased residential property to Glenn Allen Baker, son ofAllen C. Baker. Legal heir by virtue ofBlood and by the expressed and.published "Last Will and Testament" ofthe deceased / Allen C. Baker, Jr., without further delay. Respectfully Submitted, Idr GlennA. Baker, D.C.# K86475 Defendant, pro se 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing "Notice of Inquiry" has been furnished to: Clerk of Court, Probate Div., Martin County, F1 33494, 100 East Ocean Blvd., Stuart, F1 33494; and to Attorney James M. Stubkey (Attorney for Rena Jane Thomas), P.O. Box 1800, Stuart, F134995-1800, via the U.S. Postal Service Executed this $Ó day of ebra , 2019, by the undersigned. Respectfully Sub tted, . . Mr. GlennA. Baker, D.C.# K86475 Defendant, pro se New River Correctional Institution RO. Box 900 Raiford,.F1 32083 4 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF ALLEN C. BAKER, JR., Deceased, Case No: 18-797-CP GOALNAIL PROVIDED NEW R1VER C.I. MAY 09 208 FOR MAILING . ·lNNIAL$ MOTION FOR SUMMARYJUDGMENT COMES NOW, the Petitioner, Glenn A. Baker, pro se pursuant to Rule 1.510 Florida Rules of Civil Procedure and Rule 5.200(A) Florida Probate Rule, and humbly request that this Honorable Court find for the petitioner and enter an order for summaryjudgment granting ownership ofthe deceased residential property to the Petitioner, Glenn A. Baker, son ofthe deceased, Allen C. Baker. BASIS FOR INVOKING JURISDICTION This urt has jurisdiction to entertain this cause pursuant to Rule 1.510(A) Florida Rules of Civil Procedure "A party seeking to recover on a claim, counterclaim, cross claim or third-party claim or to obtain a declaratory judgment may move for a summary judgment in the party's favor on all or any part thereofwith or without supporting affidavit at any time after the expiration of20 days from the commencement ofthe action or after service of a motion for summary judgment by the adverse party." FACTS OF THE CASE UPON WHICH THE PET1TIONER RELIES IN SUPPORT FOR HIS REQUEST FOR SUMMARY JUDGMENT 1) On November 10*, 2018, Petitioner filed a "Petition in opposition of the distribution of estate assets." As of the date of this motion, Petitioner has received no acknowledgment from the probate court that it has received and is reviewing the Petition? 2) On November 5*, 2018, Petitioner wrote a letter to Attorney James M. Stuckey in which Petitioner enclosed a copy of the deceased original (first-created) last will and testament dated May 27*, 1994. Also enclosed in that sange letter, Petitioner provided Attorney Stuckey a copy of the codicil to the May 27*, 1994 will, created by the deceased on December 286, 2005. (See Attached Exhibits.) - - 3) On November 15*, 2018, Attorney Stuckey responded to Petitioner's November 5*, 2018, letter in which Attorney Stuckey advised Petitioner that he had enclosed a cop of a (second) last will and testament allegedly created by the deceased on November 12th 1998- ttorney Anthony D. George, Jr.- the Attorney of the deceased's (brother), not the deceased own personal Attorney- Littman & Sherlock, P. A. whom the deceased had utilized to create his first will on May 27th 1994; and the codicil, date December 28*, 2005. (See Attached Exhibits). 9 ^ 5. 4) On February 25*,_2019, Petitioner drafted and provided to this Honorable Court a "Notice of Inquiry" in which Petitioner declares he has provided a valid legal argument which defeats, (100%), the claim of Rena Jane Baker, aka Rena Jane Thomas by marriage, to the residue of the deceased estate including the residential property of the deceased as described in Article IV of the deceased "May 275, 1994" last will and testament. (See Attached Exhibits). 4 4t 5) The December 28th, 2005 codicil to the deceased May 275, 1994 last will and testament represents legally valid re-execution and republishing of the deceased May 27*, 1994 last will and testament which was made "temporally" null and void by the creation of the deceased (second) last will and testament drafted on November 12*, 1998, by the deceased's brother's Attorney Anthoney George Jr., rather than by the deceased own Attorney- Littman & Sherlock, P.A. - who drafted for the deceased "b.oth" the "May 27*, 1994 will" and the "December 285, 2005 codicil." However the execution of the December 286, 2005 codicil to the deceased May 27, 1994 will, now has the legal effect of making the second will, the (November 12*, 1998) will- "null and v_o_id." Therefore, the terms and conditions as set-forth by the deceased in his original will and testament date May 27*, 1994 are "now controlling" and must be honored by this Honorable Court. 6) In further support of Petitioner's request for summary judgment, Petitioner would direct the court's attention to Article VI ofthe deceased May 275, 1994-last will and testament- ARTICLE VI (1994-WILL) "I intentionally omit and do not provide for any "relative" or other person not named in this will. This omission is deliberate and is not because of oversight on my part." 7) The Petitioner, Glenn A Baker is of "lineal descent" to the deceased being the biological sons of the deceased. Rena Jane Baker is not.,She is a "relative" ofthe deceased-specifically excluded by Article VI of the deceased May 276, 1994 will from making any claim to any assets of the deceased's estate. Therefore the claini to the deceased estate assets made by Rena Jane Baker aka Rena Jane Thomas must be denied. RELIEF SOUGHT The Petitioner therefore, request this Honorable Court honor the terms and conditions set- forth by the deceased in his "May 27*, 1994 will" and his "December 28*, 2005 codicil" to the 1994 will and grant summary judgment in favor of the petitioner and dismiss the claim of Rena Jane Baker aka Rena Jane Thomas to any assets of the deceased and award full legal ownership ofthe deceased residential property to Petitioner, son ofthe deceased. Respectfully Sub ed, 6 nn A Baker , D.C. #K86475 OATH I declare under the penalty of perjury that I, Glenn A. Baker, Petitioner, have read the foregoing "Motion for Summary Judgment", and proof of service, that I am the Petitioner in the above styled causes, and that I have personal knowledge ofthe facts and matters therein set-forth and alleged and the facts and matters therein set-forth and alleged are true. Executed this _3__ day of /VhQ , 2019 by the undersigned. Respectfully Subm tted, GfennA Baker , D.C. #K86475 M CERTIFICATE OF SERVICE IHEREBYCERTIFYthat a true and correct copy of the foregoing "Motion for Summary Judgment" has been mailed to : Clerk of the Court-Martin County-Probate Division, 100 East Ocean Blvd., Stuart,. Florida 33484; and to Attorney James M. Stuckey (Attorney for Rena Jane Baker) P. O. Box 1800, Stuart, Florida 33495-1800, by placing in the hands ofprison officials at New River Correctional Institution for mailing on this day of (f)K) , 2019, by the undersigned. Respectfully Submit d, GlennA. Baker, D.C# K86475 New River Correctional Facility . P. O. Box 900 Raiford, F132083 LEGAL MAIL PROVIDED TO NEW RIVER C.I. IN THE CIRCUIT COURT FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION FOR MAILING INITIALS IN RE: ESTATE OF ALLEN C. BAKER, JR., File No.: 18-797-CP Deceased. PETITION TO UTILIZE EXPERT WITNESSES TO AUTHENTICATE CERTAIN ESTATE PLANNING DOCUMENTS OF THE DECEASED, ALLEN C. BAKER, JR., PROVIDED TO THE COURT BY PETITIONER, AND ATTORNEY JAMES M. STUCKEY COMES NOW, the Petitioner, Glenn A. Baker, pro se, son of the deceased, Allen C. Baker, Jr., and files the above titled petition with this Court in good-faith, and requests that the Court enter an order to have the herein listed Estate Planning documents of the deceased, Allen C. Baker, Jr., authenticated by expert witnesses. In support thereof, the Petitioner submits the following for the Court's consideration: 1. Pursuant to the expressed will of the deceased, Allen C. Baker, Jr., in his December 28, 2005, codicil to his May 1994 last will and testament, the deceased has named Glenn A. Baker, his son, to serve as personal representative of his estate. By probate law, the expressed will of the deceased as declared by the deceased in his December 28, 2005, codicil to his May 27, 1994, last will and testament does override the expressed will of the deceased as declared in his November 12, 1998, last will and testament concerning who is to serve as personal representative of the estate of the deceased. Since a question as to who is entitled by -law to serve as the personal representative ofthe deceased, Allen C. Baker, Jr., the November 2, 2018, "order" of circuit judge Elizabeth A. Metzger. "It is ADJUDGED FURTHER that the personal representative is authorized and directed to surrender all of the property which may be in the possession or control of the personal representative to the persons named above, (Rena Jane Thomas) and the personal shall have no further responsibility with respect to it." ORDERED on November 2, 2018, by Elizabeth A. Metzger, circuit judge, should be immediately "set-aside" 1 pending further review by this Court ofthe Petitioner's right to serve as personal representative ofthe estate of the deceased and Petitioner's lawful claim to the estate property of the deceased, Allen C. Baker, Jr., which has been timely filed with this Court in accordance with Florida Probate law. 2. Therefore, the Petitioner, Glenn A. Baker, functioning under legal authority as personal representative of the estate ofthe deceased, Allen C. Baker, Jr., as authorized by the deceased in his December 28, 2005, codicil to his May 27, 1994, last will and testament, does hereby authorize and request that the Court obtain (at the expense of the estate of the deceased), and utilize the services of an expert in the field of hand-writing and signature verification to certify the authenticity of the witness signatures presented on .each and all of the "Estate Planning Documents" of the deceased, Allen C. Baker, Jr., including the December 28, 2005, codicil of the deceased May 27, 1994, last will and testament which have been thus far submitted to this Court. 3. Petitioner does also (at the expense of the deceased estate) hereby authorize and request that this Court obtain and utilize the services of an expert who is legally authorized to verify the authenticity of the notary stamps and the associated State Identification Numbers of these notary stamps as displayed on each and all ofthe "Estate Planning Documents" ofthe deceased, Allen C. Baker, Jr., including the "Notary Stamp" and "signature" and "state issued notary identification number" of the notary stamp displayed on the December 28, 2005, codicil to the deceased May 27, 1994, last will and testament which is in the possession ofthis Court. 4. Petitioner does also (at the expense of the deceased estate) hereby authorize and request that this Court obtain and utilize the services of a "licensed private investigator" to investigate the matter of the alleged "loss" or "intentional destruction" of the deceased "Estate Planning Documents" both the written-hard copies as well as the computerized/electronic versions of these estate planning documents, including the December 28, 2005, codicil to the deceased May 27, 1994, last will and testament, prepared by Littman & Sherlock, P.A., ofStuart, Florida. 5. Petitioner also requests this court to enter an order that Littman & Sherlock, P.A., provide to this Court certified copies of its "2005 financial accounting and banking records" which will verify that Petitioner, Glenn A. Baker paid Littman & Sherlock to prepare the following estate 2 ExhibaW8 is /gr planning documents for the deceasedAllen C. Baker, Jr. • December 28 codicil to the deceased May 27, 1994, last will and testament. • Living will, dated December 28, 2005 • Designation ofhealth care surrogate, dated December 28, 2005. 6. In accordance with Article #8 ofthe deceased May 27, 1994, last will and testament, which was made temporarily null and void by the deceased's November 12, 1998, last will and testament; but was then subsequently placed back "in full force" by the execution of the December 28, 2005 codicil to his May 27, 1994, last will and testament by the deceased, the personal representative of the deceased estate may, "for the purpose of obtaining funds" to finance the services of the experts and professionals requested above has the following rights defined in Article #8 ofthe deceased May 27, 1994, last will and testament. ARTICLE VIII The personal representative ... shall have the powers and responsibilities described below "to be exercised in their absolute discretion." (A) To assign, transfer, lease, sell and convey any and all of the property of my estate and any trust, or any part thereof, upon such terms and conditions, and for such consideration as my personal representative may deem appropriate. (B) with regard to both real and personal property, "for the purpose ofobtaining funds" for the payment of taxes, claims and cost of the administration, payment of bequest and making distributions, conversion into cash, management of the property, and for "every other propers purpose", they may acquire, sell, borrow, mortgage, pledge, transfer, and convey in such manner and on such terms, without limit as to time, as they may deem advisable, even for the term beyond the expected administration ofmy estate, and no purchaser or lender shall be held liable to see to the propriety of the transaction or to the application ofthe proceeds. 7. Petitioner does hereby declare for the probate record that as personal representative ofthe estate of the deceased, Allen C. Baker, Jr., that he deems it "proper" and "necessary" to employ the 3 services of the "experts" and "professional-investigators" cited above for the "legal defense of the estate" of the deceased, Allen C. Baker, Jr., against the erroneous claim to the deceased estate property by Rena Jane Thomas and her attorney James M. Stuckey, and that Petitioner acting as personal representative of the estate of the deceased deems these expenses as part of the "cost of the administration" of the estate of the deceased, Allen C. Baker, Jr., as authorized by Article #8 ofthe deceased May 27, 1994, last will and testament. Respect ly Sub tted, dfennA. Baker DC# K86475 Petitioner, pro se OATH DECLARATION I declare under the penalty ofperjury that I, Glenn A. Baker, have read the foregoing "Petition to Utilize Expert Witnesses ...", and proof of service, that I am the Petitioner in the above styled causes, and that I have personal knowledge of the facts and matters therein set forth and alleged and that each and all of these facts and matters therein set forth and alleged are true, executed on this S day of 2019, by the undersigned. Respectfully Submitted, GlennA. Baker DC# K86475 Petitioner, pro se New River C.I. P.O. Box 900 Raiford, FL. 32083 4 CERTIFICATE OF SERVICE I, Glenn A. Baker, Petitioner,.pro se, certify that a true and correct copy of this "Petition to Utilize Expert Witnesses ..." has been mailed to: Clerk of the Court for Martin County (Probate- Division), P.O. Box 9016, Stuart, FL. 33494; and to Attorney James M. Stuckey, P.O. Box 1800, Stuart, FL. 33495-1800, by placing in the hands. of prison officials at New River C.I., on this É day of 3W6, 2019. Re Ily Su mitte GlennA. Baker DC# K86475 Petitioner, pro se New River C.I. P.O. Box 900 Raiford, FL. 32083 5 IN THE CIRCUIT COURT FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF ALLEN C. BAKER, JR., File No.: 18-797-CP Deceased. PETITION CHALLENGING THE LEGALITY OF THE NOVEMB ORDER OF CIRCUIT JUDGE ELIZABETH A. METZGER DETERMINING HOMESTEAD STATUS OF REAL PROPERTY COMES NOW, the Petitioner, Glenn A. Baker, pro se, son of the deceased, Allen. C. Baker Jr., and files the above titled petition with this Court in good faith, and requests that this Honorable Court vacate its order dated November 2, 2018 - "DETERMINING HOMESTEAD STATUS OF REAL PROPERTY" as untimely and unlawful. In support thereof, Petitioner claims the following: 1. The November 2, 2018, order states "all interested persons having been served proper notice of the petition and hearing, or having waived notice, the court finds that:" ... • In response to the above claim ofthe Court, Petitioner declares that he "was not" served any type of formal notice of the petition of "Rena Jane Thomas" or of the hearing and that Petitioner "has not" waived notice ofthe petition and hearing on the matter. 2. According to information provided by the Florida Bar - "For estates that are not required to file a federal estate tax return and that do not involve litigation may often close in "five or six months." (See-"34 Probate in Florida" (Eng.) Pmd) - Pamphlet published by the Florida Bar. . • Petitioner challenges this Court's November 2, 2018, order under the pretense that the order was "made in haste" before the court was in possession of all the facts and of other potential claims to the assets ofthe decedent's estate. (i.e., the claim ofthe decedent's biological son, JUN 13 20f9 • The current record supports Petitioner's allegations of haste in that the November 2, 2018, order of the Court, closing probate and granting summary judgment in favor of Attorney James M. Stuckey and his client "Rena Jane Thomas" was made by this Court within 48 hours of the "time-stamped date of record of 'October 31, 2018", which is the time that the "November 12, 1998, 'last will and testament' of the decedent's was "filed for record" and subsequently "provided to this Court" by attorney James M. Stuckey along with the petition ofhis client Rena Jane Thomas. • The Court erred in issuing its final order "determining Homestead status of real property" on November 2, 2018, by not first ensuring and verifying, prior to making its order, that proper and sufficient legal notice had been given to all "known" or "other potential claimants" to the Estate assets of the decedent and that sufficient time to respond to such notice had elapsed and/or that the Court had in its possession "Waiver of notice" by known and/or other potential claimants - prior to making its final order on November 2, 2018, in which the Court made "determination ofHomestead status ofreal property" ofthe decedent. • The Court in its "haste" to award ownership.of the decedent's real property to Rena Jane Thomas has prejudiced known and/or potential claimants to the assets of the decedent's Estate, (i.e., the claim of the petitioner, Glenn A. Baicer, biological son of the decedent), by awarding full ownership rights ofthe decedent's real property to Rena Jane Thomas "before Petitioner was noticed" and "before Petitioner had opportunity to file his claim" to the Estate of the decedent. Therefore, in light of the above, Petitioner requests that the Court immediately vacate its November 2, 2018, order determining Homestead status of real property of the decedent pending its complete and thorough examination and review of the claim of the Petitioner, Glenn A. Baker, to the real property of the decedent. Petitioner also request written verification from this Court that it has vacated its November 2, 2018, order or that this Court provide and forward to Petitioner written legal reason why the Court should not vacate its premature November 2, 2018, order. 3. The November 2, 2018, order is unlawful and is in violation of Florida Statutes - 731.104 and 744.104 (verification oflegal documents). • In consideration ofPetitioner's claim to the Estate ofthe decedent, the Court must consider the 2 following facts and how they are supported by Fla. Statute 731.104 and 744.104. • Florida Statute 732.5103: "Republication ofwills by codicil": "The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil." • Florida Statute 732.511: "Republication ofwills by re-execution": "If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its re-execution or by execution of a codicil republishing it with the formalities by this law for the execution ofwills. • Florida Statute 731.104 and 744.104: "Oath verification ofdocuments": "For a document to be verified it must be supported by oath." Legal Facts Pertaining To Petitioner Glenn A. Baker's Claim To The Real Property Of The Decedent: • The decedent has in fact met the conditions of Fla. Statutes 732.5103 and 732.511 in that the decedent has "executed a codicil" to his May 27, 1994, last will and testament. The Court has this document. • The decedent has also met the conditions required by law in Fla. Stat. 731.104 and 744.104 in that "the executed codicil", in addition to being signed, witnessed by two witnesses, dated, and legally notarized by a Florida Notary Public, is "supported by oath." (See signature page ofthe December 28, 2005, codicil), below ... "Subscribed and sworn to before me by Allen Cressie Baker, Jr., the testator, and the witnesses, Dina M. Jouver and Judith A. Pierson, each of whom is personally known to me and "all of whom did take an oath." On December 28, 2005, Emerita C. Kaplow, Notary public, my cominission expires: (DD 322430) on May 24, 2008. • Further verification that the decedent did execute the December 28, 2005,. codicil and that attorney's from Littman & Sherlock, P.A., of Stuart, Florida, prepared the codicil for the decedent is provided by "Virginia Sherlock" herself in a letter she sent to attorney James M. Stuckey, attorney for Rena Jane Thomas, on January 7, 2019, in which Mrs. Sherlock confirms that one of the witnesses who signed the December 28, 2005, codicil, a Miss Dina M. Jouver fth 3 works for Littman & Sherlock, P.A., even though she doesn't remember signing the document, (codicil) "fourteen" years ago! e.lieF Re3aesed CONCLUSION In conclusion and in light of the facts and points of law brought forth herein by Petitioner, Petitioner requests that the Honorable Judge Elizabeth A. Metzger "vacate" her November 2, 2018, order determining Homestead status of real property and that the Court accept as proven and verified authentic, the December 28, 2005, codicil to the decedent's May 27, 1994, last will and testament, as it has met all the conditions required by Florida Law to be accepted as legally verified and valid in a court of law. And finally having done so enter a new order granting full legal ownership of the decedent's real property to Petitioner, Glenn A. Baker, biological son and lawful heir to a 100% share of the Estate property ofthe decedent, his father. Respectfully Su tted, Idr. GlennA. Baker, pro se DC# K86475 OATH/DECLARATION I declare under the penalty ofperjury that I, Glenn A. Baker, Petitioner, have read the foregoing "Petition Challenging the Legality of the ..." and proof of service, that I am the Petitioner in the above styled causes, and that I have personal knowledge of the facts and matters therein set forth and alleged and the facts and matters therein set forth are true. Executed on this (3 day of Gl4he , 2019, by the undersigned. Respect ly Submitted, Mr. GlennA. Baker, pro se DC# K86475 New River C.I. P.O. Box 900 Raiford, FL. 32083 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing "Petition Challenging the Legality of the ..." has been mailed to: Clerk ofthe Court, Martin County, Probate Division, P.O. Box 9016, Stuart, FL. 33494, and to Attorney James M. Stuckey (Attorney for Rena Jane Thomas), P.O. Box 1800, Stuart, Florida 33495-1800, by placing into the hands ofprison officials at New River C.I. for mailing on this 13 day ofJune, 2019, by the undersigned. Re fully tted, Mr. Glenn A. Baker, pro se DC# K86475 New River C.I. P.O. Box 900 Raiford, FL. 32083 5 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF ALLEN C. BAKER, JR., Deceased, Case No: 18-797-CP MOTION TO HEARAND RULE COMESNON; the Petitioner, GlennA. Baker, pro se, son ofthe deceased, Allen C. Baker, Jr., and files the above titled motion in good-faith, pursuant to Rule 1.510 Florida Rules of Civil Procedures and Rule 5.200(A) Florida Probate Rule; and under the authority ofFlorida Statutes, 90- 952, 90.953, 90.901 and 90.902 and move this Honorable Court to grant summaryjudgment in favor of the Petitioner and grant the reliefsought in Petitioner's Motion for Summary Judgment dated and filed with this Court May 96, 2019 In support thereofPetitionerprovides the following: 1) On November 2"d, 2019- this Court issued an order granting summaryjudgment and 100% ownership rights to my father's residential real-estate propertyto Rena Jane Thomas. 2) On November 10*, 2018- Petitioner, Glen A. Baker filed a petition in opposition to proposed distribution of estate assets as ofthis date the probate court has not responded to this petition. 3) On February 26*, 2019- Petitioner filed a "Notice of Inquiry" with this Court seeking information and an update on the status of my father's estate property's disposition status. Also in this notice -Petitioner-supplied-the€ourtyrith-information-(-L-aw)-concerninga-codicitandhow-the-2005-codicihny- father executed to his May 1994 will had the legal effect of re-executing and republishing the 1994 will. I also expressed in that notice the expected reliefsought. To this date the court has not responded to my notice of inquiry and has not provided any written notices or orders of this court to Peti er whatsoever! . LEGAL MAIL PROVIDED NEW R1VER C.I. i JUL 0 3 2019 FOR MAILING INMATES INITIALS 4) On May 9*, 2019- Petitioner filed a "Motion for Summary Judgment" with this court along with grounds to support the request for summary judgment and expected relief sought. To date this court has not responded to or ruled on the Motion for Summary Judgment. 5) On May 30*, 2019- Petitioner filed "Response to Attorney: James M. Stuckey's Response to the Petition of Glenn A. Baker and other correspondence in opposition of Homestead petitioli . (estate)", with this Court. In this petition "I reaffirmed my legal claim" to the estate property of my father. To date the Court has not responded to this petition either. 6) On June 6*, 2019- Petitioner filed "Petition to Utilize Expert Witnesses to Authenticate Certain Estate Planning Documents of the Deceased, Allen C. Baker, Jr., provided to the Court by Petitioner, and attorney James M. Stuckey." To date the Court has not acknowledged receipt of this petition or taken any steps to settle the matter ofPetitioner's legal and rightful claim to the assets ofthe deceased's estate. 7) On June 13, 2019- Petitioner filed "Petition Challenging the legality of the November 2nd, 2018 Order of Circuit Judge Elizabeth A. Metzger determining Homestead_S_tatu_s__gf_Real Property." To date this Court has not responded to this petition challenging the legality of the courts November 2nd, 2018 order. Nor to the legal points Petitioner brought forth with that petition concerning the 2005 codicil's legal effect on the deceased May 275, 1994 last will and testament, which makes the Court's November2"4, 2018 order unlawful. "ADDITIONAL LEGAL GROUNDS PETITIONER RELIES UPON" Within the pages of several petitions I have filed with this Court since my father's death this past October·of 2018, I have established a legitimate legal claim to a 100% share of the estate assets ofthe deceased, Allen C. Baker, Jr. There are legitimate legal grounds to challenge the Court's November 2"d, 2018 order granting summary judgment to Rena Janet Thomas, (See my petition dated June 13*, 2019) challenging . . the Court s order. I have provided this Cour.t with a codicil dated December 28the 2005. And have introduced Florida Statutes which legally define and clarify the effect of the 2005 codicil has on the deceased May 275, 1994 last will and testament. In effect, by Florida probate law the 2005 codicil is controlling and is in effect the deceased last will and testament, which this Court has a 2 duty to honor. (See my petition dated June 13*, 2019). The fact that Petitioner has provided a ofthe 2005 codicil and not th,e original is irrelevant. Fla. Statute - 90.901: Requirement of authentication or identification:- authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient. to support a finding that the matter in question is what its proponent claims. * The the "December 286, 2005 codicil" to the deceased May 27*, 1994 last will and testament certainly "supplies evidence sufficient to suonort a finding that it is what it anoears to be." The ...... ____2005 codicil____ _._is: _ _.______. ______1) signed under oath by all parties to the document 2) Dated. The document is clearly dated. 3) Witnessed by two witnesses and 4) Notarized and "bearing a seal" issued by the State ofFlorida. (See Fla. Statutes 90.902(1)(A)) * Certainly neither the Court or attorney James M. Stuckey are suggesting that all the supporting evidence displayed on the 2005 codicil is not what it is. Or that the Petitioner himselfcreated the codicil and managed to forge the witness and notary signature and the notaries stamp perfectly. Fla. Statute 90.902: Self-Authentication- extrinsic evidence of Authentici precedent to admissibility is not required for: (1) a document bearing: (A) A "seal" purporting to be that of the United States "or any state", district, commonwealth, territory, or insular possession thereof...or a court... (B) A signature by the custodian of the document attesting to the authenticity of the seal. (See Notary Public defined below). (2) A document not bearing a seal but purporting to bear a signature of an officer or employee of any entity listed in subsection, (1) Affixed in the officers or employee's official canacity * Notary public defined: (Source: Blacks Law Dictionary 105), ______A person "authorized by a state" to administer oaths, certify documents, attest to the authenticity of signatures, and perform official acts in commercial matters, such as protesting negotiable instruments. * The 2005 codicil bears an official seal ofthe State ofFlorida. (See Fla. Statute -90.902(1)(A)). 3 *The Notary public Emerita C. Kaplow #DD322430 who "administered the oaths" to the deceased, Allen C. Baker, Jr. and to the two witnesses- Dina M. Jouver and Judith A. Pierson who witnessed the deceased sign the 2005 codicil is a "state agent" and was at the time an employee of the Law Firm Littman & Sherlock, who's attorneys are officers of the court. (See Fla. Statute 90.902(1)(A)(B),(2)(1)). Fla. Statute 90.902- selfauthentication-(continued). "Extrinsic evidence of authenticity" as a condition precedent to admissibility is "not required" for: (4) "A copy of an official public record." report, or entry,_or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other "person authorized to make the certification" by certificate complying with subsections (5)1,2, or 3 or complying with any act of the legislature or rule adopted by the Supreme Court. (See Notary Public Defined). *Certainly "the 2005 codicil" is a document authorized by law to be recorded or filed in the public record. It is also "certified by person" authorized by law to certify the authenticity of the document and the signatures displayed on the document." (See Blacks Law definition- "Notary Public" above). Fla. Statute 90.953- "A duplicate is admissible to the same extent as original unless." (1) The document is a negotiable instrument as defined in §673.1041, a security as·defined in §678.1021 or any other writing that evidences a right to the payment ofmoney. (the 2005 codicil is not such a document). (2) A genuine question is raised about the authenticity of the original or any other document or writing. (Sufficient evidence is visible on the face of the codicil document to prove its authenticity)(See Fla. 90.901). . (3)_lt__is_unfair,__under-the__circumstances to admit the duplicate _in lieu_of-thstoriginal.. .. (Considering the visible evidence appearing on the face ofthe 2005 codicil it would be unfair not to admit and prove the 2005 codicil). Fla. Statute 90.954- Admissibility ofother evidence ofcontents: "The original of a writing", recording, or photograph "is not required", except as provided in 4 490.953, and other evidence ofits contents is admissible when:" (1) "All originals are lost or destroyed", unless the proponent lost or destroyed them in bad faith. (2) An original cannot be contained.in this state by any Judicial Process or Procedure. . (3) An origiñal was under the control ofthe party against whom offered at a time when that party was put on notice by the pleadings or by written notice from the adverse party that the contents of such original would be subject to proofat the hearing, and such original is not produced at the hearing. (4) The writing, recording, or photograph is not related to a controlling issue. *The original ofthe 2005 codicil ofthe de_ceasedAllen_Clak_en-Ir'sRay-27* 1914lastwilland testament were kept int the custody of the deceased himself. Petitioner has no way of knowing where the deceased chose to store this original document. However, the Petitioner, the deceased son and the only other person with a copy of the original 2005 codicil has provided his copy to this Court in good-faith. Petitioner himself paid the legal fee for the preparation of the 2005 codicil to Littman & Sherlock, P.A. Petitioner was himselfpresent in Littman & Sherlock's office when thb 2005 codicil was signed and notarized and then photocopied to provide Petitioner a copy of the 2005 codicil in the event the deceased's copy was ever lost, stolen or destroyed as is now the case. *The only other source of an original of the 2005 codicil would have been through Littman & Sherlock,P.A. , the preparers ofthe codicil. However, the now claim that they "no nothing of the codicil" which incidentally is signed and witnessed by an employee who still works for Littman & Sherlock, and is notarized by their Notary Public at the time. (See Fla. Statute 90.954(1), (2)). SUMMARY In light of all of the above facts and matters, and pursuant to the legal authority of Fla. Statutes- 90.901, 90.902, 90.953 and 90.954 described within the pages ofthis "Motion to Hear and Rule" Petitioner moves this Court to hear and rule on Petitioner's May 95, 2019 Motion for Summary Judgment,ganting-summary.judgment in favorEPetitioner,-Glenn-A-Baker-and-granung-the- relief sought as expressed in the motion for summaryjudgment. Respectfully Sub tted, Mr. Glenn A. Baker Petitioner, pro se 5 , OATH DECLARATION I declare under the penalty of perjury that I, Glenn A. Baker, Petitioner, have read the foregoing-"Motion to Hear and Rule, and proof of service that I am the Petitioner in the above styled causes, and that I have personal knowledge of the facts and matters therein set forth and alleged and that facts and matters therein set forth are true. Executed on this_.3__ day of 2019, by the undersigned. Respectfully Sub · ed, . lennA. Baker Petitioner, pro se New River Correctional Institution P. O. Box 900 Raiford, FI 32083 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing "Motioil to Hear and Rul__e" has been mailed to: Clerk ofthe-Court, Martin County (Probate-Division), P. O. Box 9016, Stuart, F1 33494, and to Attorney James M. Stuckey (Attorney for Rena Jane Thomas), P. O. Box 1800, Stuart, F1 33495-1800, by placing in the hands of prison officials at New River Correctional Institution for mailing on this 2 day of-Jane 2019, by the undersigned. Respectfully Submi , Mr. GlennA. Baker Petitioner, pro se New River Correctional Institution ---- -.-- ...... __ . . . _ .. P. O. Box 900 6 JAMES M. STUCKEY ATTORNEYAT LAW (772) 223-8100 FAX NO. (772) 223-1430 Mailing Address: Street Address: Post Office Box 1800 .. 428 SW 7* Street Stuart, Florida 34995-1800 Stuart, Florida 34994 August 21, 2019 Glenn A. Baker, D.C.K86475 New River Correctional Facility PO Box 900 Raiford, Florida 32083 Re: Estate ofAllen C. Baker, Jr. Dear Mr. Baker: Enclosed foryourrecords, please find a copyofthe OrderDismissing Glenn Baker'sMotion to Hear And Rule, pursuant to Judge Mirman's instructions. Sincerely, es . Stuckey Encl. Ffling # 94478436 E-Filed 08/20/2019 04:42:19 PM ÚÓ IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA In ReEstate ofAHen C. Baker Case No. 18000797CPAXMX ORDER DISMISSING GLENN BAKER'S MOTION TO HEAR AFB RULE THIS CAUSE having come before the Court on Glenn A. Baker's motion to hear and rule. The Court has examined the file and the previous Orders issued. Glenn Baker's motion is procedurally improper. WHEREFORE, the motion is dismissed withoutprejudice to file a procedurallyproper motion. Counsel in this case is directed to send a copy ofthis Order to Glenn Baker in prison. DONE AND ORDERED in Open Court at Stuart, Martin County, Florida on this 20* day of August, 2019. Honorable Lawrence Mirman Circuit Comt Judge e-filed Copies provided via e-service to: . . Angel L Noble PETITION FOR WRIT OF MANDAMUS COMES NOW, the Petitioner, Glenn A. Baker, pro se son of the deceased, Allen C. Baker, Jr., and files the above titled action in good-faith pursuant to the Code of Judicial Conduct, cannon 3B(8) & Fla. R. Jud. Admin. 2.050(F), and moves this Honorable Court for issuance of a Writ of Mandamus, or other extraordinary writ deemed proper for relief from respondent's failure to observe and follow the above cited Fla. R. ofJud. Administration. BASIS FOR INVOKING JURISDICTION This Court has jurisdiction under the code ofjudicial conduct, canon 3B(8) & Fla. R.. Jud. Admin. 2.050(F) because the Petitioner raises a claim that he has a 1 clear legal right to receive a ruling or action be taken within a reasonable time period an Petitioner's "Motion·for Summary Judgment" filed May 9*, 2019 I he circuit court of the Nineteenth Judicial Circuit, in and for Martin County, Florida. The Honorable Judge ElizabethA. Metzger presiding. The proper vehicle to pursue a claim of this nature is by way of writ of mandamus. Hatten v. State, 561 So. 2d 562, 563 (Fla. 1990). Mandamus may be used to enforce a clear and certain right; and may be granted only if there is a clear legal obligation to perform a duty in a prescribed manner. Florida League ofCities v. Smith, 607 So. 2d 397, 400-401'(Fla. 1992); Adams v. State, 560 So. 2d 321, 322 (Fla. 1" DCA 1990); Holland v. Waintright, 499 So. 2d 21, 22 (Fla. 1" DCA 1986). ("The writ may be used to compel the performance of a legal duty imposed by law where it has not been performed as the law requires"). The Petitioner has a right to a ruling or action be taken within a reasonable time period. (See Mason v. Fifth Jud. Cir.,- 603 So. 2d 94 (Fla. 56 DCA 1992). Canon 3B(8) & Fla. R. Jud. Admin. 2.050(F), requires judges to dispose of judicial matters promptly, efficiently, and fairly; clearing their docket every (60) days. FACTS ON WHICH THE PETITIONER RELIES FOR RELIEF 1) On or about October 2018 Petitioner's father, Allen c. Baker, Jr. passed away. The deceased.was testate. 2 2) On November 5th, 2018·Petitioner received a letter from attorney James M. Stuckey in which Attorney Stuckey advised Petitioner of his fathers death and declaring that he was the attorney for the deceased. Unfortunately Petitioner was forced to serdhis only copy of this (First letter) from Attorney Stuckey to the probate court as an exhibit because the prison law library supervisor refused to make a copy for Petitioner. (See probate record to view this letter). Petitioner has never received any type of notice or waiver of any kind, to this day, from the probate courtjudge. 3) On Noveniber 5*, 2018, Petitioner wrote a letter to Attorney Stuckey in which Petitioner enclosed a copy of the deceased last will and testament dated May 27*, 1994. Also enclosed in that same letter Petitioner provided Attorney Stuckey a copy of a signed, witnesses under oath, dated and notarized codicil amending the May 27* 1994 will. The codicil is dated December 28*, 2005. (See exhibit #1-Petitioner's "November 5*, 2018" Letter to Attorney Stuckey.) (See Also Exhibit #2- Copy of the deceased 1994 Last will and testament and attached copy ofthe December 28th, 2005 codicil. 4)· On November 10*, 2018, Petitioner filed a "petition in opposition of the distribution of estate assets. As ofthe date ofthis Writ ofMandamus, Petitioner has not received acknowledgement from the probate court that it has received and is 3 reviewing the petition. (See Exhibit #3). 5) On November 15*, 2018, Attorney Stuckey responded to Petitioner's letter dated November 56, 2018, in which Attorney Stuckey also enclosed a copy of a last will and testament for the deceased dated November 12*, 1998 drafted by Attorney Anthony George. (See Exhibits 4 and 5). 6) On February 25*, 2019, Petitioner filed a "Notice of inquiry" with the probate court concerning the status of the estate of the deceased. As ofthe date of this writ of mandamus, Petitioner has not received a single notice, letter of acknowledgement or a ruling or action on anything Petitioner has filed with the probate court. (See Exhibit.#6) (Notice of Inquiry). 7) On May 9*, 2019, Petitioner filed a "Motion for Summary Judgment" with the probate court. As of the date of this writ of mandamus the Petitioner continues to be completely ignored by the probate court! (See Exhibit 7). 8) On May 14*, 2019, Petitioner received a letter from Attorney Stuckey in which he enclosed a copy of a document entitled "Response to petition of Glenn A. Baker and other correspondence in opposition of homestead petition", which Attorney Stuckey filed with the probate court. (See Exhibit #8). The probate court continues hold it's tounge. 9) On May 30th, 2019, Petitioner filed a response to Attorney Stuckey's May 14*, 4 2019-( court filing-of Exhibit #8 above). (See Petitioner's Exhibit #9). There has been no response from the probate court. 10) On June 3rd 2019, Petitioner received a letter from Attorney Stuckey in which he enclosed a copy of a document entitled. "Corrective Response to petition of Glenn A. Baker and other correspondence.in opposition of homestead petition.", which Attorney Stuckey filed with the probate-court. (Exhibit #10). 11) On June 8"1, 2019 , Petitioner filed a petition with the probate court entitled "petition to utilize expert witnesses to authenticate certain estate planning documents of the deceased, Allen C. Baker, Jr. provided to the court by Petitioner and by Attorney James M. Stuckey." (See Exhibit #11). 12) On June 13th, 2019, Petitioner filed a petition with the probafe court entitled "petition challenging the legality of the November 2nd, 2018 order of Circuit Judge Elizabeth A. Metzger determining homestead status of real property." (See Exhibit #12). Still absolutely no response from the probate court. 13. On July 3rd 2019, Petitioner filed a final document with the probate court entitled "Motion to hear and Rule". (See Exhibit #13). The writ of mandamus was a last resort. I could see no other way to compel the probate court to respond to my claim to my fathers estate property as defined clearly within the pages of the several pleadings attached to this writ of mandamus. Hopefully the District Court 5 t ofAppeal can encourage to probate court to do its job. RELIEF SOUGHT Petitioner seeks the relief defined in Petitioner's motion for summary judgment- Exhibit #7, or any other relief deemed appropriate by this Honorable Court. Thank you. OATH DECLARATION I declare under the penalty ofperjury that, I , Glenn A. Baker, have read the foregoing "Writ ofMandamus", and proof of service, that I am the Petitioner I the above styled causes, and that I have personal knowledge of the- facts and matters therein set-forth and alleged and the facts and matters therein set-forth are true. Executed this 27 day of 3h I f , 2019 by the undersigned. Respectfully Su itted, Glenn A. Baker , D.C. K86475 Petitioner, pro se 6 CERTIFICATE OF SERVICE ·I HEREBY CERTIFY that a true and correct copy of the foregoing "Writ of Mandamus" has been mailed to "District Court ofAppeal," (4°¹DCA) of Florida, 110 S. Tamrind Ave, West Palm Beach, F1 33401, by placing in the hands of prison officials at "New River Correctional Institution". for mailing on this oT/ day of sTn\y , 2019, by the undersigned. Respectfully ubmitt d, Glenn A. Baker , D.C. K86475 Petitioner, pro se New River Correctional Institution P. O. Box 900 Raiford, FL 32083 7 . DJSTRICT Fourth District Court of Appeal 110 South Tamarind Avenue West Palm Beach, Florida 33401 (561) 242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: August 02, 2019 STYLE: GLENN BAKER - v. ESTATE OF ALLEN C. BAKER, JR. 4DCA#: 19-2458 The Fourth District Court of Appeal has received the Petition for Writ of Mandamus reflecting a filing date of August 1, 2019. The county of origin is Martin. The lower tribunal case number provided is 18-797 CP. The filing fee is due. The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER and a physical address. ELECTRONIC FILING IS MANDATORY FOR ALL ATTORNEYS Incoming filings must be submitted through the Florida Courts E-Filing Portal. Outgoing filings wili be sent by the Court through eDCA Casemail (https://edca.4dca.org). Attorneys who have not registered for eDCA wiII not receive paper documents from the court. FILING FEES MAV NOW E PAID 51 ÉCTÑQÑICA 121THROtJGH THE FLORIDA COURTS È-FILINÓ PORTAL SIETilENÖÜRT[WFEiSiTEPO INSTRUCTIONS cc: James M. Stuckey - Glenn Baker Clerk Martin Hon. Elizabeth Ann Metzger tw Exhibit* -- m L - /s IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 110 SOUTH TAMARIND AVENUE, WEST PALM BEACH, FL 33401 August 20, 2019 CASE NO.: 4D19-2458 L.T. No.: 18-797 CP GLENN BAKER v. ESTATE OF ALLEN C. BAKER, JR. Appellant / Petitioner(s) Appellee / Respondent(s) BYORDEROFTHE COURT: ORDERED that the petition for writ of mandamus is dismissed as premature. Dismissal is without prejudice for petitioner to seek rnandamus relief if the trial court has not ruled on the pending matter within 180 days from the date of filing. LEVINE, C.J., ClKLIN and KUNTZ, JJ., concur. Served: cc: James It). Stuckey Glenn Baker Clerk Martin Hon. Elir.abeth Ann Metzger dl LONN WEIBSBLUM, Clerk Fourth District Court of Appeal IN THE FOURTH DISTRICT COURT OFAPPEAL STATE OF FLORIDA LEGAL MAIL PROVIDED TO NEW RIVER C.I. IN RE: ESTATE OF NOV 2 7 2019 ALLEN C. BAKER, JR., Deceased . INMATi S I A GLENN ALLEN BAKER, Case No.: 4D19-2458 Petitioner, L.T. Case No.: 18-797-CP vs. STATE OF FLORIDA, Respondent. MOTION TO PERSUE MANDAMUS RELIEF COMES NOW, the Petitioner, Glenn A. Baker, pro se, son of the deceased, Allen C. Baker, Jr., and files the above-titled action in good-faith, pursuant to Rule 1.510 Florida Rules of Civil Procedure and Rule 5.200(A) Florida Probate Rule and also pursuant to the following Florida Statutes: § 732.5103, § 732.511, § 731.104, § 744.104, § ·90.901, § 90.902(1)(A), § 90.953, § 90.954(1)(2) and humbly requests that this Honorable Court grant mandamus or other extraordinary relief deemed appropriate in this matter. 1 STATEMENT OF FACTS 1. On or about October of2018, Petitioner's father, Allen C. Baker, Jr., passed away. 2. The deceased was testate when he died. There are two (2) wills and a codicil associated with this case. 3. On November 5, 2018, Petitioner received written notice from attorney James M. Stuckey, attorney for Rena Jane Thomas, that my father had passed away and that my fathers residential property had been devised to my cousin, Rena Jane Thomas, by order of circuit court Judge Elizabeth A. Metzger on November 2, 2018. (See Attached Exhibit - 8A). 4. At that time, Petitioner was unaware of the existence of a "second" will for my father, which incidentally was drafted by my uncle Richard J. Baker's attorney - Anthony George. Richard Baker is Rena Jane Thomas's father. This "second" will, which it appears my father knew nothing about when he returned to his own attorney - Littman, Sherlock & Heims, P.A. In December of 2005, to have them amend his May 27, 1994, will via the 2005 codicil, the subject issue of this case, was then "secreted away" by my uncle Richard for the last 20-years and then field with the Probate Court immediately after my father died - October of 2018. 2 5. Petitioner was given "no notice" of my fathers death and "no opportunity" to file the 2005 codicil to ·my fathers real will drafted for him by "his" attorney - Littman & Sherlock - prior to the November 2, 2018, order of Judge Metzger. It also seems a bit unusual.that Judge Metzger was able to close probate of my fathers estate and to then devise my inheritance to Rena Jane Thomas a mere "48 hours" after the "second" will drafted by attorney Anthony George was filed on October 31, 2018, with the Probate Court by whoever it was that filed it. 6. Immediately after receiving written notice from Rena's attorney that my fathers property had been devised to Rena, I filed a "Petition in Opposition to the . Disposition of Estate Assets" with the Probate Court and to Rena's attorney - James M. Stuckey. At the same time, I provided both the Probate Court and attorney Stuckey a copy ofmy fathers May 27, 1994, will and a copy (my dad had the original):ofthe December 28, 2005, codicil to the 1994 will. 7. Since my fathers death, "thirteen months ago", as of this writing, Petitioner has filed several other various petitions with the Probate Court and to attorney Stuckey in an effort to recover my inheritance which has been unlawfully devised to Rena Jane Thomas by Judge Metzger. 3 8. I don't know if its proper procedure, but the Probate Court has "never" responded to me as Petitioner directly on any of my several petitions. The fact that the Probate Court refuses to communicate with me directly as the "pro se" Petitioner may be normal procedure, however, to me its disrespectful and offensive. Both parties deserve to be treated fairly and equally by the lower court. 9. The final and most recent petition I filed with the Probate Court was a "Motion to Hear and Rule" filed on July 3, 2019. (See Exhibit 13). The Probate Court and Attorney Stuckey both ignored that motion prompting the Petitioner to seek mandamus reliefwith the (4* DCA). (See Exhibit 14). 10.On August 20, 2019, the (45 DCA) responded to Petitioner's writ of mandamus and dismissed it as "premature". The dismissal was without prejudice for Petitioner to seek mandamus relief if the trial court has not ruled on the pending matter within 180 days from the date offiling. (See Exhibit 15). 11. On August 20, 2019, the Probate Court, "through Attorney Stuckey", responded to the Petitioner's "Motion to Hear and Rule" stating that "Glenn Baker's motion is procedurally improper." "Wherefore, the motion is dismissed without prejudice to file a procedurally proper motion. Counsel in this case is directed to send a 4 copy ofthis order to Glenn Baker in prison." (See Exhibits 16 and 17). 12. Since Petitioner is not a probate lawyer, he is now at a complete loss as to how to proceed. Petitioner as solicited for assistance and legal representation to resolve this matter, but all such efforts have met with negative results. (See Exhibits 18, 19, 20, 21). 13.Therefore, with no other avenue of relief available to Petitioner, he now has no other choice but to turn to this Honorable Court once again seeking mandamus reliefo_r any other relief deemed proper by this Court to resolve this matter. PETITIONER'S ARGUMENT On May 14, 2019, Attorney James M. Stuckey filed a response to all of the Petitioner's several filed petitions entitled "Response to Petition of Glenn A. Baker and Other Correspondence In Opposition ofHomestead Petition." (See Exhibit 8-C). In his response, Attorney Stuckey makes several erroneous statements which are a direct contradiction to whats provided for in the Florida Statutes concerning the type and nature of document evidence which can be admitted in a court oflaw. In items 2 and 3 of Stuckey's response, the attorney does however make two important points. They are as follows: 5 2) "Glenn A. Baker has presented a copy of an alleged codicil dated December 28, 2005, which proposed to amend a will dated May 27, 1994 ..." 3) "Clearly" a codicil dated after the date of the admitted will would create a question, and I was concerned about that ..." In the above statements, Attorney Stuckey reveals his concern that "the 2005 codicil" destroys his client "Rena Jane Thomas'" claim to my inheritance, the "residential property" of my father. But then in item #5 of his response, Attorney Stuckey makes two very important erroneous statements to the trial court judge, which are refuted by Fla. Statutes.-These two statements are as follows: 5) "Without an original ofthe codicil .. it cannot be presented or proved ... And even if it was, I don't know how it would be explained that the copy of the codicil "purports to augment a will" which has already been revoked ..7" Here's how "Attorney" Stuckey! Florida Statute - § 732.5103 - "Republication of wills by codicil", provides in part, as follows: "The execution of a codicil referring to a.previous will has the effect of republishing the will as modified by the codicil." Florida Statute - § 732.511, "Republication of Wills by Re-execution", provides in part, as follows: . 6 . E×ldbW+aut p,ge -7 og "If a will has been revoked or if it is made invalid for any other reason, it may be republished and made valid by its re-execution of by execution of a codicil republishing it with the formalities by this by for the execution of wills." In an effort to circumvent the above two Fla. Statutes, and to salvage his clients erroneous claim to my fathers estate, attorney Stuckey's only remaining argument is that because the codicil document submitted by Petitioner to the Probate Court is a copy of the original, the Court "should not" accept it and follow its instructions. Petitioner disagrees and cites the following Florida Statutes which support Petitioner's position that, "under the circumstance" ofthe case, as expressed below, Fla. Statutes provide that, "a copy of the codicil is acceptable" and must be,allowed to be presented and proven in the Probate Court. Florida Statute - § 90.953,. "A duplicate is admissible to the same extent as an original unless" ... (1)The document is a negotiable instrument as defined in F.S. § 673.1041 ... (2)A genuine question is raised about the authenticity of the original or any other document or writing. (3)It is unfair, under the circumstances, to admit the duplicate in lieu ofthe original. Petitioner argues that "considering the circumstance" pertaining to the original codicil's unknown location which was known "only" by the deceased, it would be "unfair" to all interested parties, including the deceased and the Petitioner "not to allow admission of the duplicate" copy ofthe 2005 codicil. Furthermore, no interested party in 7 this matter has or can ever raise a genuine question concerning the authenticity of the 2005 codicil. Additionally the 2005 codicil meets and exceeds the requirements of being .a "self-authenticating" document as defined by Fla. Statute - 90.901, "Requirements of Authentication" or identification". The 2005 codicil is: (1) Signed under oath (See Fla. Stat. § 731.104 and § 744.104) "Oath verification of a document". (2) Clearly dated. (3)Witnessed by two independent witnesses, one of which still works for the law firm (Sherlock and Littman) that drafted the 2005 codicil - (See Exhibit 8-B). (4)Notarized and "bearing a seal" issued by the "State of Florida" (See Fla. Stat. § 90.902). Fla. Statute - § 90.954 - "Admissibility of other evidence of contents" provides in part, as follows: "The original of a writing, recording, or photograph is not required, except as provided in F.S.. § 90.953 and other evidence of its content is admissible when: (1) "All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith. (2) An original cannot be obtained in this State by any judicial process or procedure. (3) An original was under the control of the party against whom offered ... and such original is not produced at the hearing." Petitioner would again direct the Courts attention to (Exhibit 8-B), "A letter from Attorney Virginia P. Sherlock, ofthe law firm Littman, Sherlock & Heims, P.A., directed to Attorney James M. Stuckey, dated January 7, 2019, as quoted in part below: "I have been unable to locate any estate planning documents for Allen C. Baker, Jr., which were prepared in this office subsequent to the "May 27, 1994 will" ... I have not foimd the "original" nor any "copy" ofa codicil to the 1994 will ... The copy ofthe 2005 codicil that was provided to me (by Glenn A. Baker) indicates that Dina M. Jouver and Judith Pierson were attesting witnesses ... and Emerita C. Kaplow was the notary. "Dina still works in my office" ... The copies of the documents offered by Glenn A. Baker - are not in any of my files nor in my electronic storage directories ..." In light ofthe above, Petitioner declares that the conditions required by Fla. Stat. § 90.953 now apply to the 2005 codicil "all originals are lost or destroyed!" Therefore, unless an interested party, attorney, or the court is prepared to argue that the copy of the 2005 codicil is not what it purports to be on its face, and that "somehow" the Petitioner, while incarcerated in prison has been able to create a "perfected forgery" of the 2005 codicil, including the perfected forgery of the signatures of two attesting witnesses and the notaries signature - Emerita C. Kaplow, and that somehow Petitioner was able to guess in 15erfect order Emerit's State ID number, and then "construct an ink-stamp" bearing the notaries name and Sta.te ID number, and then to use this fake ink-stamp to stamp the copy of the 2005 codicil, the court must accept that the copy of the 2005 codicil is what it purports to be on its face, and must then accept and prove the 2005 codicil in the Probate Court. The original, codicil was kept in the sole custody of the deceased, in some unknown location, which can now "never be known" by any person or "determined" by any "judicial" or other process. 9 RELIEF SOUGHT BY PETITIONER Petitioner seeks an order from this Honorable Court instructing the trial court to "vacate" the November 2, 2018, order of Circuit Court Judge Elizabeth A. Metzger, and that the presidingjudge accept and prove "the submitted copy ofthe 2005 codicil" to the deceased May 27, 1994, last will and testament and acting on the expressed wishes of the deceased, Allen C. Baker, Jr., as expressed in the 2005 codicil reopen probate and issue a new order granted a 100% share ofthe assets ofthe Estate ofAllen C. Baker, Jr., to Glenn A. Baker, the biological son of the deceased, rightful heir and the Petitioner in this matter. Respect Ily S mitted, Glenn A. Baker DC# K86475 OATH DECLARATION OF PETITIONER I declare under the penalty of perjury that I, Glenn A. Baker, have read the foregoing Motion 10 Persue Mandamus Relief, and proof of service, that I am the Petitioner in the above styled causes, and that I have personal knowledge of the facts and matters therein set forth and alleged and the facts and matters therein set forth are true. Executed on this 2Ý day of /VO(M /h 9 , 2019, by the undersigned. Glenn A. Baker DC# K86475 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Persue Mandamus Relief has been mailed to District Court of Appeal, Fourth District, 110 S. Tamarind Ave., West Palm Beach, Florida, 33401; and to Attorney James M. Stuckey, Attorney for Rena Jane Thomas, P.O. Box 1800, Stuart, Florida, 33495-1800, by placing in the hands ofprison officials at New River C.I. for mailing this day of /V0llefn fr , 2019. G enn A. Baker . DC# K86475 New River C.I. P.O. Box 900 Raiford, Fl. 32083 11 EXHIBITS LIST - foc¾ktA feg¼ cd** Exhibit No. Title No. of Pages 1) Petitioner's first letter to Attorney Stuckey - 5 2) Last will and testament ofAllen C. Baker, Jr. (1994) Including the 2005 codicil) - 8 3) Petition In Opposition To Proposed Distribution ofEstate Assets - 2 4) Letter from Attorney Stuckey to Petitioner - 1 5) Second Last Will and Testament ofAllen C. Baker, Jr. (1998) - 4 6) Notice ofInquiry- From Petitioner - 4 7) Petitioner's Motion for Summary Judgment - 4 8) Letter from Attorney Stuckey (response to Petitioner's pleadings) (Exhibit - 8, 8A, 8B, 8C - 6 9) Petitioner's response to Attorney's response - 7 10) Corrective Response from Attorney Stuckey - 5 11) Petitioner's Petition to Utilize Expert Witnesses - 5 12) Petitioner's Challenge to Order ofJudge Metzger - 5 13) Petitioner's Motion to Hear and Rule - 6 14) First Petition for Writ ofMandamus to Fourth DCA - 7 15) Fourth DCADismissal ofMandamus as prdnature - 1 16) Letter from Attorney Stuckey - (Motion to Hear and Rule Dismissed) - 1 17) Order dismissing Petitioner's (Motion to Hear and Rule) .- 2 18) Petitioner's "Solicitation for Representation" letter - 2 19) Attorney John Mangan - Declined to represent - 1 20) Attorney Crary Bachman - Declined to represent - 1 21) Attorney Dean Mead - Declined to represent - 1 12 Fourth District Court of Appeal 110 South Tamarind Avenue West Palm Beach, Florida 33401 (561) 242-2000 ACKNOWLEDGMENT OF NEW CASE DATE: December 11, 2019 STYLE: GLENN BAKER v. ESTATE OF ALLEN C. BAKER, JR. 4DCA#: 19-3746 The Fourth District Court of Appeal has received the Petition for Writ of Mandamus reflecting a filing date of December 4, 2019. The county of origin is Martin. The lower tribunal case number provided is 432018CP000797. The filing fee is waived. The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER and a physical address. ELECTRONIC FILING IS MANDATORY FOR ALL ATTORNEYS Incoming filings must be submitted through the Florida Courts E-Filing Portal. Outgoing filings will be sent by the Court through eDCA Casemail (https://edca.4dca.org). I Attorneys who have not registered for eDCA will not receive paper documents from the court. FILING FEES MAY‡OÈf EiE PAID ELECTROhilCALLY THROUGH.THE FLORIDA COURTS E-FILING PORTAL -SEETHE COURT'S WEBSITE FOR INSTRUCTIONS cc: James M. Stuckey Glenri Baker Clerk Martin Hon. Elizabeth Ann Metzger tw IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 110 SOUTH TAMARIND AVENUE, WEST PALM BEACH, FL 33401 January 06, 2020 CASE NO.: 4D19-3746 .L.T. No.: 432018CP000797 GLENN BAKER v. ESTATE OF ALLEN C. BAKER, JR. Appellant / Petitioner(s) Appellee / Respondent(s) BY ORDER OF THE COURT: ORDERED that the petition for writ of mandamus is denied. Mandamus "cannot be used to control or direct the manner in which another court shall act in the lawful exercise of its jurisdiction." Mathews v. Crews, 132 So. 3d 776, 778 (Fla. 2014). To the extent that petitioner is seeking to compel the trial court to rule on its pending filings, petitioner must bring the pending matters to the trial court's attention and seek a hearing. Perez v..Circuit Court for Osceola County, 882 So. 2d 489 (Fla. 5th DCA 2004); Smartt v. rst Union National Bank, 771 So. 2d 1232 (Fla. 5th DCA 2000). GERBER, CONNER and KUNTZ, JJ., concur. Served: cc: James M. Stuckey Glenn Baker Clerk Martin Hon. Elizabeth Ann Metzger kk LONN WEISSBLUM, Clerk Fourth District Court of Appeat IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF ALLEN C. BAKER, JR., RECEIVE Deceased Case No.: 18-797-CP JAN 23 2020 Security MOTION REQUESTING HEARING COMES NOW, Glenn A. Baker, biological son of the deceased, Allen C. Baker Jr., pro se pursuant to Rule 5.025, "Adversary Proceedings", and moves this Honorable Court to issue an order granting a hearing to resolve the matters listed below: 1.) On October 3.1"t, 2018 immediately after the death of Allen C. Baker Jr., Attorney James M. Stuckey together with the personal representative of the deceased submitted for probate a copy of a last will and testament dated November 12th, 1998. This will was drafted by Attorney Anthoney George Jr., Attorney of the Personal Representative- Richard J. Baker. The dece'ased's Attorney was Littman & Sherlock, P.A. As far back as the movant can remember. 2.) On November 2nd, 2018- Just (48 hours) aaer the November 12th drafted by Attorney Anthony George Jr., was submitted to this Court showing a 1 ink-stamp "File Date" of October 3152, 2018, this Court issued an order granting summaryjudgment and a 100% share ownership rights ofthe residential real-estate property ofthe deceased to Renna Jane Thomas, (See faibit a FM) . 3.) On November 5th 2018, Mr. Glenn A. Baker, the son of the deceased by U.S. Mail, written notice from attorney James M. Stuckey (Attorney.for Rena Jane Thomas) advising him of his father's death. Prior to this letter Mr. Baker had no knowledge that his father had passed-away. In this same letter Attorney Stuckey notified Mr. Baker and made him aware of this Court's November 2nd, 2018 order granting full ownership rights ofthe deceased estate asserts to his client- Rena Jane Thomas. (5 ce Ed t fo& 2) 4) On November 10*, 2018 , in response to the information provided him by Attorney Stuckey, Mr. Baker wrote a letter to Attorney Stuckey to determine why the courts had issued such a hasty order which was clearly a direct violation of the expressed desire of the deceased intended disposition of his estate assecets as detailed in his May 27* 1994 last will and testament and his codicil to the May 27*, 1994 will dated December 28*, 2005. Mr. Baker advised Attorney Stucky that unless there was a "second" last will and testament other than the May 27*, 1994 will drafted by the deceased Attorney- Littman & Sherlock he needed to advise his client- Rena Jane Thomas to drop her claim to his father's estate assets. In that same letter Mr. Baker provided Attorney 2 Stuckey a copy of both the May 27*, 1994 will and the December 28*, 2005 codicil to the 1994 will. Attorney Stucky responded back stating the only will he had been made aware ofby the personal representative- Richard J. Baker and Rena Jane Thomas was the one he submitted for probate dated November 12th 99 which was drafted by the personal representative's personal attorney, Anthoney George Jr. Attorney,Stuckeythen suggested I contact my father's Attorney- Littman & Sherlock and have them forward to the court a certified copy of the December 28th, 2005 codicil so that it could be submitted to probate. 5) On November 10*, 2018, in response to the information provided above by Attorney Stuckey concerning the estate assets distribution to Rena Jane Thomas- by order of this court on November 2nd, 2018, Mr. Baker "timely" filed a "Petition in opposition to the distribution of estate asscets" with this court and also provided this court a copy of the deceased May 27*, 1994 will and a copy of the December 28th, 2005 codicil to the 1994 will. (Jee Gd 'yn -q) Then as suggested by Attorney Stuckey. 6) On November 20*, 2018, Mr. Baker wrote a letter to Attorney's at Littman &Sherlock- who drafted and prepared the December 28th, 2005 codicil to the M_ay 27th, 1994 will also prepared by them. In this letter Mr. Baker requested that they provide him and the probate court certified copies of the 2005 codicil as suggested by Attorney Stuckey. (See Exhibit-2) Letter to Littman & Sherlock P.A requesting 3 certified copies of the 2005 codicil). The request made by Mr. Baker in "his" letter to Littman & Sherlock was "not responded to" by Littman & Sherlock. However the same request made to them by Attorney Stuckey "was responded to" by Littman and Sherlock, who,then claimed that the had mysteriously lost all records both written and electronic concerning their preparation of the 2005 codicil. Attorney Virginia Sherlock did confirm however that the witness signatures appearing on the 2005 codicil were current employee's of Littman and Sherlock. Attorney Virginia Sherlock also did not deny that the notary who signed and stamped the 2005 codicil also worked for her legal firm in 2005 ce - FM J% TC (See Exhibit 8-B). Response letter from Littman and Sherlock to Attorney Stuckey- confirming their loss of all evidence that they drafted the 2005 codicil and therefore could not provide the court certified copies of the 2005 codicil because they had notrecord ofthem. 7) Since providing "official notice" to this court on November 10* , 2018, concerning the existance of the 2005 codicil along with a copy of the May 27tin 1994 will and copy of the December 28*, 2005 codicil this court has not taken any legal action to resolve the matter of the legal problem created by the existance of the 2005 codicil, which effectively renders this court's November 2nd, 2018 prder and distribution of estate assetts of the deceased unlawful - and consequently 4 invalid. This "fact" places this court in "liability" position in favor of Mr. Glenn A. Baker and his legal right to claim the estate assets ofhis father, Allen C. Baker Jr. . Also since making this court aware of the existance of the 2005 codicil. Mr. Baker has made numerous other attempts to move this Court to action and to solve this matter of its unlawful distribution of estate assetes to Rena Jane Thomas. These attempts include the filing of the following petitions and motions over a fifteen month period beginning November of 2018 to the current date of this motion: • Petition in opposition ofthe distribution of estate assetts • Notice of Inquiry • Motion for Summary Judgment in favor ofMr. Baker • Petition to utilize expert witnesses to authenticate the 2005 codicil • Petition challenging the legality of this Court's November 2nd, 2018 order . and distribution of estate assets. • Motion to Hear and Rule (on all pending pretiously filed motion and petitions). y{,'bn p /g) 4, y gg /-7 • And now- Motion requesting a hearing to resolve the matter 9) As of the date of this motion all of the above motions and petition have been completely ignored and unresponded to by this court. - eVCe henc nad r un en 5 Exhi‰al 10) In response to this courts refusal to acknowledge Mr. Glenn A. Baker or any of the above listed motions and petitions, Mr. Baker sought legal assistance from several private probate attorneys all of whom declined to provide any legal assistance to Mr. Baker. (See Exhibits 19, 20, 21 )Response letters from probate attorneys to Mr. Baker's request for legal assistance. 11) As a last resort Mr. Baker filed a "writ of mandamus" with the 4* D.C.A on December 4*, 2019. D.C.A Case No.: 4DCA-19-3746. (See Exhibit 22) Writ of mandamus. 12) It was the recommendation of the (4* DCA) in answer to Mr. Baker's writ of mandamus that he seek a hearing with the probate court in Martin County to resolve the matter. (See Exhibit 23) Response from the (4* DCA) to Mr. Baker's writ ofmandamus. RELIEF SOUGHT Mr. Baker seeks a hearing to resolve the matter of hand. Mr. Baker seeks to have the 2005 codicil authenticated and submitted to probate. Mr. Baker then seeks a revokation of this Court November 2nd, 2019 order and distribution of estate assets of the deceased, Allen C. Baker Jr. and a new order granting 100% ownership of the estate assets of the deceased going to the deceased son, Glenn A. Baker in compliance with the expressed will of the deceased, Allen C. Baker Jr., in his May 27th 1994 last will and testament and the December 28*, 2005 codicil 6 which "republished" and "reinstated" the May 27th 1994 will which was made "temporarily" invalid by the November 12*, 1998 will. Resp t Ily Su itted, Gfe'nn A. Baker, D.C# K86475 Petitioner/pro se SWORN OATH DECLARATION I declare under the penalty of perjury that I,. Glenn A. Baker, have read the foregoing "Motion Requesting a hearing" and proof of service, that I am the petitioner/movant in the above styled causes, and that I have personal knowledge of the facts and matters therein set forth and alleged and that each and all of these facts and matters therein set forth and alleged are true, executed on this 23 day of January, 2020, by the undersigned. Resp tfully Submitted Glenn A. Baker, D.C# K86475 Petitioner/pro se 7 CERTIFICATE OF SERVICE I, Glenn A. Baker, petitioner/movant pro se, certify that a true and correct copy of this "Motion Requesting Hearing" has been mailed to: Clerk of the Court for Martin County (Probate Division), P. 0. Box 9016, Stuart, F1 33494; and to Attorney James M. Stuckey, P. O. Box 1800, Stuart, F1 33495-1800, by placing in the hands ofprison officials at New River C.I., on this _2fdday ofJanuary, 2020. Respectfully Sub itte.d, Glenn A. Baker, D.C# K86475 Petitioner/pro se New River Correctional Institution P. O. Box 900 - Raiford, F1 32083 8 Filing # 102247652 E-Filed 01/27/2020 10:44:37 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT - IN AND FORluARTIN COUNTY, FLORIDA . Case No. 18000797CPAXMX In Re: the estate of Allen C. Baker ORDER DENYING GLENNBAKER'S MOTION FOR HEARING THIS CAUSE having come before the Comt on Glenn A. Bakefs "motion for a hearing." The Court has examined the file and the previous Orders issued. Glenn Bakers motion is once again procedurally improper. There is no extant proper pleading requiring a hearing on this matter. Though Mr. Baker is incarcerated, he may still consult with or hire an attomey to assist him. The court will not indulge litigants with hearing time in improper procedmal circumstances. The court gave Mr. Baker an opportunity to file a correct pleading in the matter. A requestto comebefore the courtinperson ororallyto "make one's case" in absence ofaproper pleading is improper. Mr. Baker's filings are requiring substantialjudicial labor, impropedy. At some point in the future, the Court may issue an order to show cause why he should not be prohibited from pro-se filings in this case. Repeated, improper filings are confiscatory of the court's time. WHEREFORE, the motion is DENIED. Counsel in this case is directed to send a copy ofthis Order to Glenn Baker in prison, as counsel has done previously. DONE AND ORDERED in Stuart, Martin County, Floridaon this 27th day of January, 2020. Honorable Lawrence Mirman Circuit CourtJudge · e-filed JAMES M. STUCKEY · ATTORNEYAT LAW (772) 223-8100 FAX NO. (772) 223-1430 . MailingAddress: StreetAddress: Post Office Box 18oo 428 SW 76 Street Stuart, Florida 34995-1800 Stuart, Florida34994 January 27, 2020 Glenn A. Baker, D.C.K86475 New River Correctional Facility PO Box 900 Raiford, Florida 32083 Re: Estate ofAllen C. Baker, Jr. Dear Mr. Baker: Pursuant to Judge Mirman's instruction, enclosed please find a copy ofthe Order Denying Glenn Baker's Motionfor Hearing. Sincerely, ames M. mkey Encl. IN THE CIRCUIT COURT FOR MARTIN COUNTY, FLORIpA PROBATE DIVISION . LEGAL MAIL PROVIDED TO IN RE: ESTATE OF Case No.: 18-797-CP NE† RIVER C.I. ALLEN C. BAKER, JR., APR 0 1 2020 INMATES INITI PETITION FOR SUBSEQUENT ADMINISTRATION COMES NOM the Petitioner, Glenn A. Baker, pro se and files the above titled petition in good-faith pursuant to Florida Probate Rule 5.460, "subsequent administration." 1) Petitioner, Glenn A. Baker, who's current address is New River Correctional Institution, P. O..Box 900, Raiford, Florida 32083, is the biological son of the decedent, Allen C. Baker, Jr., who has been completely diglderad i in violation ofFlorida Public Policy as a surviving child ofthe decedent. 2) The reason for further administration ofthe estate is as follows: A) Petitioner's due-process rights were violated when this court failed to provide Petitioner a copy of the '' etition forfummaryAdministration" and a copy of '$etitio11.to.0ptermine liomestead status of Real Property." Failure to provide Petitioner Notice of these documents prior to the issuance of the order of fummary dministration, dated November 2"d, 2018, thus -deprived Petitioner the opportunity to make his claim to the estate ofthe decedent. . B) Since this Court's issuance of the order offummary Administration, Petitioner has filed several petitions and/or motions which clearly show that Petitioner has a valid claim against the estate of the decedent and that he is thus entitled to received a 100% share ownership of the real-property of the decedent. . . C) Petitioner's "Notice of Inquiry", "Motion for Summary Judenent" and "Petition Challenging The Legality of The Order of Summary Administration", defines and explains Petitioner's claim to 100‰hare ownership ofthe decedents real-property. . D) The following Florida Statutes also support Petitioner's claims expressed in Petitioner's and moti6ns listed%bove in (C.) NS. 732.5103C"Republicationofwills by codicil" F.S. 732.511- "Republication ofwills by re-execution" F.S. 731.104 and 744.105- "Oath verification ofdocuments" F.S. 90.901- "Requirement of authentication or identification" F.S. 90.953- "A duplicate is admissible to the same extent as original "unless" F.S. 90.954-"Admissibility of other evidence contents." E) The Supreme Court noted in Miller-El, 537 U.S. at 346, 123 S. Ct. 1029 as follows: ·"The state court's "fact finding" process is undermined where the state court has before it, yet apparently ignores, evidence that supports petitioner's claims." (See Miller-El., 537 U.S. at 346, 123 S. Ct. 1029). F) Petitioner is not a trained lawyer: Petitioner is currently incarcerated and is indigent and as such has "no financial means" to hire a trained lawyer to assist him or to represent him in his fight to recover his lost inheritance, which this court erroneously devised to Mrs. "Rena Jane Thomas" before the Court had all the facts of the case necessary to issue its order offummary Administration dated November 2nd, 2018. See Roy v. Wainwright, 151 So. 2d 825 (Fla. 1963), which states in part as follows: 828- " Because ofthe nature ofthe remedy and the fact that these documents are prepared in prison, we have extended broad latitude in compliance with requirements ofform and detail." See also- Ashley v. State, 158 So. 2d 530 (Fla. 2"d DCA 1963), which states in part as follows: 5-3__1- "motions, filed by a prisoner pro se should not be scrutinized for technical niceties, since a prisoner is almost always unskilled in the law and cannot be held to a high standard of pleading. The procedure and remedy so prescribed must be such that a prisoner may be afforded every procedural benefit available under habeas corpus and necessary to a meaningful investigation of his claim." (Ashley v. State, 158 Só. 2d 530 (Fla. 2nd DCA 1963), See also Erickson v. Pardus, 551 U.S. 89, 94 (2007) See also- Williams v. State, 163 So. 2d 767 (Fla. 2"d DCA 1964) which states in part as follows: " the circumstances under which these pro se motions are drawn prompt liberal treatment and broad latitude in compliance with form and detail. ("Williams v. State, 163 So. 2d 767 (Fla. 2nd DCA 1964). Threats made by the Honorable Judge Lawrence Mirman in his recent order denying Glenn Baker's "Motion for. (fearing" for being "procedurally incorrect" or "procedurally insufficient" are both unfair and prejudicial. Mr. Baker is not a trained lawyer! Furthermore Petitioner finds Judge Mirman's threat to impose unfair sanctions against Mr. Baker prohibiting any future pro se filings in this case simply because he is 2 unskilled in probate law particularly.disturbing and disheartening. Perhaps its because of Judge Mirmans recent involvement in Petitioner's "criminal case" which has created a conflict of interest preventing him from rendering a fair and just ruling on behalf of the Petitioner in the probate case. If this is true Judge Mirman should recuse himself from the probate case and let another judge handle Petitioner's probate claim. Williams v. State, 143 So. 2d 484, 488 (Fla. 1982); State ex rel Davis v. Parks, 141 Fla. 516, 194 So. 613, 615 (Fla. 1934); M.B. v. S.R, 124 So. 3d 358 (Fla. 2nd DCA2013) 3) The description and approximate value and location ofthe estate assets in dispute in this claim is the real-property of the decedent located at Velezquez Ave. and Seville Street in Stuart, Florida 33494 which is included in and among the assets ofthe prior administration. 4) Relief Sought: Petitioner seeks an order from this Honorable Court properly devising a 100% share ownership right of the decedents Residential-Real property be granted to Petitioner, Glenn A. Baker in compliance with the last will and testament of the decedent dated May 27*, 1994 and in compliance with it's December 28*, 2005 codicil which has the legal affect of re-publishing and re-executing the 1994 will . . Respectfully Submitted, YvIr. GlennA. aker Petitioner, pro se New River Correctional Institution P. O. Box 900 Raiford, F1 32083 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing "Petition For Subsequent Administration" has been mailed to: Clerk of Court, Martin County, Probate Division, P. O. Box 9016, Stuart, F1 33494, and to Attorney James M. Stuckey (Attorney for Rena Jane Thomas), P. O. Box 1800, Stuart, Florida 33495-1800, by placing into the hands of prison officials at New River Correctional Institution for mailing on this / day of ÄffÜ , 2020, by the undersigned. Respectfully Submitted, Mr. GlennA. Baker, D.C. K86475 Petitioner, pro se New.River Correctional Institution P. O. Box 900 Raiford, F1 32083 4 GCc†| TN Ti{S r-tRcatT coiART ARTI/ coryç† flaggo PRo6ATE otvisted SN RG: Estgyg of A/.LQ/ cm g pgg cAse non gq coe-emsed E gyyE C JUN 1 6 202g FOR MAILING Nortc G or -montay COMES A/ON, fe fe-bikioner, Gleon FM6MMA't 40 Afflicnble Grtr‰ Probay ggjgg) /vo¼ oG ug ief pood-Gia, see c A couk cm ‰ S¼¼s oÇ my p absepent nomini strM/oo , F;/eJ u ith thrs coar on Afr il t n eoao , sys bee ovec 5¡ feufon wns Gled whk u to 0) . ceRT 6tcn G o GEeet cE BY CERTiff ‰+a twe and correct coey as+ke &cepo e 6 ggei y" tw bee Caenkhed to clery & ewt, frows oivision tenerta cocmy -e,o,t301tots ma Stafde.3%+ Restee½tty Shim; thd - ; , (m '"r·Gley n,Garer,o.c×g r,g f.0-80% qae emiFerd NTHE clgcuIT COUtRT FOR MARTL#Coa#T( RoRL0A PRoBATE DivistoA/ 5A/ R&: ESTA-rs oF caseso.: 18-797-cc ALLE N C.BAKER,CR A MA ReÊV p yn Ocesed SEP 2 3 2020 INMATES INITI MortoN TaR E×fRESSG& MD otSTlAtcT 0sptA80 FoR €GREoRMANCS BeGoRG mMc1A/ht4S PRCS½ant to hec¼nder, 926 so ad qq6 CEtp.t re - 0cA 2006) Cognes ne fbti¾oner Glenn A, QuggC, fro se, lologicod $on of e decegge GjV c, G ef (ft, toS'fectfally Moving and flotGing 5 normbi& CovÖ on NoticE tkew on oc.tobec is,* gogo, Peyisionec w ;L\ seeK ne asits¾nce orc Sy.. Gow,ce (3%) 0LStrict Cowct of A(gea( ' t/ta wñY of Manlamws to Cotngel- a twung Petitioneg's fetition CoR Subseque,nt à&‰istration ;d w 3 Gted wi¼eis cooved on Accit t^ 20 nA inpred agon Gykwib* af by feriúoner Aprit 9A* 9oso . -this comet cnede no cespase to feAikionecS fe.½Mon for Subse ment Adm astrao or the. tmyúcj Aded nµi( 3M* 9oao, che An 40 rnait to feGieher a Cogy oG fe C%se dis-tory docArnout whie reF(eds -that ¼e c ase\s (tsofGn eo on Accil TS Boao . vvhý ha.5 ‰ case been feotOgneÓ % MOS (ngn s o has been tag coacy (i.e. a. hewrin9)to resotke an seWe- this (nawer once. «wd Eoc caT This cn.se is now†wo (3) ye ars oLL. fe¾iAien e rf claiM S, cle,mancis and e.Y.pe.ched re.\[rG sog44 reno n .S egqgessed in {s matW pe. ferition's G fed w;½ ¾í5 cow† over ne- L ast 94-07ont fek'4icher see ks an oräer &am fis covert fracerly and [cwfgy Lcuising x (oo % Shore oWhership nig ht of the.. deced ents fesidenst‰\- Re L és¼½ frogecry (Located on kef e nez 86, sad Se-vid-e 9rec+ in shoctf ht4 p3444) be pr6nted to fetiM-onec ľe. biologien| Son oF ALLGiv c:(2ARGR; Con Gle ena with he t994 owitt wnh cae), As ¼rs cov& well t Sten. cu SaKerg€0, , CoA1CLl/lS/0/l/ e. November W sets ''orde oGindge. gJ2abetk (nek er 9Jas bo¾ frehahre ad innlawEM, $ order imfroyff attd ce>lawGalty Aevised be red ential reat-estAe fragey oF ½e decedent +o r&a suebus n vioLakton cƽe intedien3 of the decedent,ws øesed voy clearW in Article -f/S oG We decedeaW may 99th m94 wit|, 50 ortly $4 9e Metpec Åed Sive?\ /VoncÉ oes She douhed t¾ hv oräer, fe¾‰ner wanth h e. had oppetnity to frovt e this cowet a coey of ¼e acor colict\ be&<ȼ-e come¥ issued c ocker fevis r3 %‰e. frofe<¾y ¾0 EthaEane4k6mwS in viola½A o6 ¼s ece ents wnL a wre4SW in Ars tge will. 1n lis‰Fdes Facks rhe wov en|yer yk oots order must be. vrw¼d as utawGull. This í5 so €ieretSrÅ as o s‰& commad çor porgemeice. beare MadaMM k/kick fe£4iontc Win be E11t'n9 with tige(L on e AkW 0Aber 1549990, mfeSC oÎheattiLf Î5 held resolvrns rkis sh¼c once- cand Cec oà\,om). m."new onfee (SSueÎ 9rantTYL9 the relies creAe2 by feki4Eoner witio +kirty (3o) kyf g a or p3 (notcon, As (scriouS\f mentfoneel, %his caSc is tved two (a) ears old, ykff cowet has hd omge Nime to Wy mad (e cey resdke ths ca*c- AGke a a ye, (ne ec receùred Gm g‰mey 54 taf4wlu ed tefumen4,Âlelye ly &cs) the dee eat, piec/ win & frobaw cowt on oc+obec -n * sorts, A w,sh Song,g, age 44itC (brobot CoLfe of Alleh Cs 13a{ ent ic d¾sane‰møf in onty ( fg a WB fmn'A/ by Averney swery us Gned w k 6 e cowt e cEme Ly mrices A/e sene ½a+ t ¾kth thts cour+ sw_o- ecSS0m2 refoLVe ¾he, [S5 .0 tvogf begor ftj Cocet, e ave s ed has been m. resse mble ¼ne tora e ve it) GS as ahementioned fekh Te sdsepe3t rg/.p3in .-,pa to½e codec,6;yaaicia) conduct canc4 3(3 k5 oGhAida\ ndtwn{srdror) a.air{F)ja.oso tr) , n did C* e Cloc·Called trfor) to¼(ra Arc {ce o nc(fe c on o Wng oG ‰tS /Voice di Actro b 3 , e onec -S o kbto 5kdt k{ødqC rg{ 3 bf A. cowt es 5 Sucan2cadq- Arh2 5 t re),at ,h.cowh; *.s.cons+. · ou Gy Mo½tce. o6 G×(NeGec) ed DÍŽtife-b derned Gr ger‰mahees . inGsenú. eeerener GecM€ÏCFAC OF SeaÁGe E RGM CEKttEY h + we anc1 cm copy oc A o yolk), has be mabd. loy A.5,man to : clectc ef th coact co frabak ¾tsSion, fad$ot olefCf.5tta*Eg (Lad2$qtf o o oney emes ct,54cecy,9psan 18co,S‰btR.899c-ttoo y 9tec 3 of bisch oqÇ,cinIf ab tVeW RÛ*r-CX &cwthh9 oc 6 f chy oE ; S*&'" er Boso , by be avide-ø9red int-GlennA-&ttën fe9 fde G l''™ R' C , foe(3a)c3r co IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT MARTIN COUNTY, FLORIDA MB52MfE25Ef25M8275ñTT15E5rnW1Ei[iifEit?1tWETEkaM T WFdisfiemaMEMER Page 1 of 2 BAKER, ALLEN C JR D/L: 231 S.E. SEVILLE STREET Race: STUART, FL 34994 Sex: DOB: 10/09/1938 CASE NUMBER: 18000797CPAXMX Judge: METZGER, ELIZABETH A Pros Attorney: STUCKEY, JAMES M Def Attorney: Parties TYPE NAME DEC . BAKER, ALLEN C JR PET THOMAS, RENAJANE ATT/PET STUCKEY, JAMES M (THOMAS, RENA JANE) JDG METZGER, ELIZABETH A CLAIM STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMISTRATI IP BAKER, GLENN A FEES DATE ASSESSED FEE . Total Paid Waived Outstanding 10/31/2018 SUMMARY ADMIN < $1000 $235.00 $235.00 $0.00 $0.00 $235.00 $235.00 $0.00 $0.00 DATE DOCKETS 10/31/2018 . Case 432018CP000797CPAXMX Filed with Clerk on 10/31/2018 . COPY OF LAST WILL AND TESTAMENT - ORIGINAL WILL BE SUBMITTED TO THE COURT FILE c. COPY OF PAID FUNERAL BILL NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING DESIGNATION OF E-MAIL ADDRESSES PURSUANT TO RULE 2.516 OF THE FLORIDA RULES OF JUDICIAL ADMINISTRATION PETITION FOR SUMMARY ADMINISTRATION 2 PETITION TO DETERMINE HOMESTEAD STATUS OF REAL PROPERIY AFFIDAVIT NO FLORIDA ESTATE TAX DUE COVER LETTER TO THE CLERK DATED ·· LAST WILL AND TESTAMENT 11/01/2018 NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING 11/02/2018 ORDER OF SUMMARY ADMINISTRATION Case Status set to CASE CLOSED ORDER DETERMINING HOMESTEAD STATUS OF REAL PROPERTY STATUS OF REAL PROPERTY ORDER ADMITTING WILL TO PROBATE CASE CLOSED 11/09/2018 STATEMENT OF CLAIM BY STATE OF FLORIDA GENCY FOR HEALTH CARE ADMINISTRATION - $246,492.14 11/15/2018 RECORDED DOCUMENTS PETITION IN OPPOSITION TO PROPOSED DISTRIBUTION OF ESTATE ASSETS COPY OF LETTER FROM JAMES STUCKEY TO GLENN A BAKER DATED 10.30.18 11/29/2018 LETTER DATED 11/20118 FROM GLENN A BAKER MEMO TO GLENN A BECKER REGARDING COPY REQUEST 03/01/2019 NOTICE OF INQUIRY 05/14/2019 MOTION FOR SUMMARY JUDGMENT RESPONSE TO PETITION OF GLENN A BAKER AND OTHER CORRESPONDENCE IN OPPOSITION OF HOMESTEAD PETITION 06/03/2019 CORRECTIVE RESPONSE TO PETITION OF GLENN A BAKER AND OTHER CORESPONDENCE IN OPPOSITION OF HOMESTEAD PETITION 06/05/2019 COPY OF ReSPONSE TO ATTORNEY JAMES M STUCKESY RESPONSE TO THE PETITION OF GLENN A BAKER AND OTHER CORRESPONDENCE IN OPPOSITION OF HOMESTEAD PETITION 06/10/2019 COPY OF PETITION TO UTILIZE EXPERT WITNESSES TO AUTHENTICATE CERTAIN ESTATE PLANNING DOCUMENTS OF THE DECEASES ALLEN C BAKER JR PROVIDED TO THE COURT BY PETITIONER AND ATTORNEY JAMES M STUCKEY IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT MARTIN COUNTY, FLORIDA Page 2 of 2 BAKER, ALLEN C JR D/L: 231 S.E. SEVILLE STREET Race: STUART, FL 34994 Sex: DOB: 10/09/1938 CASE NUMBER: 18000797CPAXMX Judge: METZGER, ELIZABETH A Pros Attorney: STUCKEY, JAMES M Def Attorney: DATE DOCKETS 06/17/2019 COPY OF PETITION CHALLENGING THE LEGALITY OF THE NOVEMBER 2 2018 ORDER OF CIRCUIT JUDGE EUZABETH METZGER DETERMINING HOMESTEAD.STATUS OF REAL PROPERTY 07/08/2019 MOTION TO HEAR AND RULE REOPENED CASE 08/02/2019 FOURTH DISTRICT COURT OF APPEAL ACKNOWLEDGMENT OF NEW CASE CIVIL/ CASE NUMBER 19-2458/ PETITION FOR WRIT OF MANDAMUS: FOURTH DISTRICT COURT OF APPEAL ORDER CIVIL- FIUNG FEE/ SIGNED 8.2.19: 08/15/2019 3 FOURTH DISTRICT COURT OF APPEAL ORDER CIVIL- CLERK'S CERTIFICATE OF INDIGENCY- THE CLERK OF THE DISTRICT COURT OF APPEAL, FOURTH DISTRICT, HAS RECEIVED FOR FIUNG A MOTION TO BE RELIEVED OF COSTS AN AFFIDAVIT OF INDIGENCY, AND A CERTIFICATE OF COUNSEL,(IF REQUIRED), AND ISSUES THIS CERTIFICATE OF INDIGENCY IN ACCORDANCE WITH SECTION 57.081(1), FLORIDA STATUTES. THIS CASE SHALL PROCEED WITHOUT THE REQUIREMENT OF PREPAYMENT OF FEES AND COSTS, SUBJECT TO THE PROVISIONS OF SECTION 57.081(3), FLORIDA STATUTES/ SIGNED 8.15.19: 08/20/2019 ORDER DISMISSING GLENN BAKER'S MOTION TO HEAR AND RULE FOURTH DISTRICT COURT OF APPEAL ORDER CIVIL/ ORDERED THAT THE PETITION FOR WRIT OF MANDAMUS IS DISMISSED AS PREMATURE. DISMISSAL IS WITHOUT PREJUDICE FOR PETITIONER TO SEEK MANDAMUS RELIEF IF THE TRIAL CÒURT HAS NOT RULED ON THE PENDING MATTER WITHIN 180 DAYS FROM THE DATE OF THE FIUNG/ SIGNED 8.20.19: 08/22/2019 ' CERTIFICATE OF SERVICE 08/28/2019 ORDER DISMISSING GLENN BAKER'S MOTION TO HEAR AND RULE - RECORDED (RECORD DATE: 8/28/2019 3:34 PM / INSTRUMENT #: 2772393 BOOK#:3079 PAGE#: 2068) 01/06/2020 FOURTH DISTRICT COURT OF APPEAL ORDER CRIMINAL - ORDERED THAT THE PETITION FOR WRIT OF MANDAMUS IS DENIED. MANDAMUS "CANNOT BE USED TO CONTROL OR DIRECT THE MANNER IN WHICH ANOTHER COURT SHALL ACT IN THE LAWl-UL EXERCISE OF ITS JURISDICTION." MATTHEWS V. CREWS, 132 SO. 3D 776, 778 (FI.A. 2014). TO PEL THE TRIAL COURT TO RULE ON ITS PENDING FILINGS, PETITIONER MUST BRING THE PENDING MATTERS TO THE TRIAL COURT'S ATTENTION AND SEEK A HEARING. PEREZ V. CIRCUIT COURT FOR OSCEOLA COUNTY, 882 SO. 2D 489 (FLA. 5TH DCA 2004); SMARTT . NATIONAL BANK, 771 SO. 2D 1232 (FLA. 5TH DCA 2000). / SIGNED 1.6.2020: - 01/27/2020 MOTION REQUESTING HEARIN,G DENYING GLENN BAKER'S MOTION FOR HEARING 02/07/2020 LETTER FROM GLENN A. BAKER TO CLERK MEMO TO GLENN A. BAKER FROM PROBATE CLERK 03/06/2020 CASE ABSTRACT \qqq - LaSt Witt 3 Te.5hment oG he bece sed November 35 N98 - Lon WW 3 Tef¾ment oFee- cl eceased. 3) oeceaec as cos - coaca * y 27t t sy wn) J Oc O eC 3 C 9 0 - (s¾te a ane Se 40 ge looer Novembe 54 Gog - Le½er Scota fe onec o q¼ome Sync N ove mber ad cat8 - co og o 8)Novembec so(f nce c 6 ney ey 4) Novemby go* so(g - Le e e c6ec or t£ oG goos cod Lose - so s¿cyf 1 9€*eate - ads ~ m+rce ass y e cours 90% • fe aneu _''makfon rm- sain cy @ cmg 3 a sorq - ecwsccs TwoRew Ru{Qa‰de 1 28 a°'9 - Fut - "wpeo€ mandandh ('+thoc.a)/o‰d s sre 7) ochbecn*aots - "go.woneers ewec 3) oc¾er n actot -hser's cewer w awomef- ge estg3 e S) octdbee tT act°l -'eemioners te-wem AWrney RequesFre Regrese co 64% number a) s waiy soao -eeewmeA 91) Eah y 99 9o66 - Order - o equesb Cv Re9tnñ3 83) Afr \ ( A aoSO ' fe½½e/5 e½‰ (oc 5‰9ad n†‰¾cd M) 3æne Ø Sage - ge½ÍanecS ivo¼ic,s a6 sq u'tr as) segeebec # 9aao -few;che %wn sc c ) Code Wi5¼ory - Oodcc4 (&pft ? 5 othe c co . froke case. Glenn /LG«ktr CD,c F%47 New River corrdonal as4 , f, 0 . 6of 300 RoGtÇc,td flocida %to73 lizabe:¼ A. Mekz3er - r scuer-rnv& &d3e. /dh c ccun) o - Mar ounty decK oF-the cou& fatkq( 9o(6 S-\andbridA 3349't ru R6 ; Es¾½ aF q\en c. 6der c. - CASE#0d IS-74-c Fom Decw quÅ9e - G)frabe&h A, Met?get ...... flattic. ¼\azard Son ing oF corporose pyss: Ad owiciaJs m sceÅ qÇeAted t 5½e.and ownir.ied law 4o Pro gecare c o¼ and service oF oFFice . e. me. mer Pleave frovide. and vorw.rl ¼ me. ‰ sbove reserence blic . feckiate TN Пof On along with m. coef oF e. 9at c esc e- knndiney Coverge. tÅ{ch cottercard bondf foc ance of your Pattic Lspat /and c/a I weée as cee aa- aw Jw am inims AA . anc.e MI a Cial Re†(resh Cor s fublic tÄ Formo ph te:qecked and A •ckec/ -ctf Glenn A-Beker; ac-k8%1Ý 54/ffle- cat cyy Cyleno A G«ket Je" feasy/r o a caaa asekwee co . &Wic z.a«l-Gond n3 Acorpocde p3enWLA LoWic a re e v† FeAe \ Ah e AJMuniciped Lawsofçmildek Natype a re.ts ephone ambec os ée_(¾WicmAPaLprockicehoMin3 conaf alSelalccpmatwhernhJeadonArK2e wc4A copy zEhn olicý lesc.fL13 AeLndleycadacay-_cEneirspeawcmkfwrwm c 5 a ‰Rm‰L5eeice oEA ce L o hw And®dfrachicekndiny a dan3 hptic‡Ae Glenn 464Rtgoc .Suprem cant copy T 6¶ a0 lenon.J 40 * 4/ew ReacorcecemL2ash o fg y Soo.._.______.__ ...... o Rock2âoRL a . . . ansy G At1 G2GE of st c çe REE faB L LC.JAZA SoA/DWS1n c e es Side adfuâ1cigaLisw ±o-ftonleske Arame,nddress oAMene. nomke oEAh e gawc admatmence.‰dig mpwy d ‰ £oGS‡Rumbec as‰‰d ani,1sseymind a co y ace a Shoimpose.A. ûsn po of (-ërsona Secwe gefolik cas and Service oEofEice cheffcsse feavide and Eocw ca fo e. the bee reGece ced z d nLmalgea‰‰d o n£oceeâœAs coeynthe o esc tikine hhangAoma Mbick‰ryawste s eSenamF ycef¼Ec -1»yLSecule sss beaerSF AMomeffouchongresyn׉ÂiLMU cnForedüaeo e R(eate. ste 5ctftete comer copy 3aty &e03t 5tem . Ranc, FAc,* Kw'ns .veu/ e ver cogechnot Test 3,0, dox 500 faha, FloAJw 3a093 ef - virginia R31seriocK -19, N RE: Es¾½_oE_atten c., g.ren, n cas- Aa: /R-77 -ce 95: FocMat fe aest he - Public ¼nzpQO CoNdtAG 2nforqncrÛnn 0•ar nMsumef - tisc F. SherlocK, \ephene. namber oF ¼e c (¾hlic mad malfract cehood n ampef anA¼e Policy Azamle-oEAkeloalmd e Poûcy Jescein3 4e handirg covm9edthe ege ToA neace., Q\ate. ½ hide-·tliis in‰rmak;r,n constauks corpo a ad Gmbed Gaklay insarance. Fraud (t5-f44A)and is f úm- m- Fac.ie widace. mà 3roaaAs ¼impse aTien apanne Ac al prsma/Nf p secure ¼eir phfic co‰ anel senicce. o6 oUF ce - mis,5kerdq_çç fleashad Fom/wd 40 /ne +Le abwe ref mee2 d nodecacGce. ondias inforinate alon3 wi4 s coef oF w[r½ coversued land< yo stag ca . e ans oE yo r fabuc -teyagmñcs as m I a ti‰l tor(A m+owney canen¾y opwing in de s¾+eaRW A 'oar fanetrese se 44ûs oFiciaI ReyesYror s d!ik inr•n Aad q cla‰l.. Re«.ny ff Stenn Rakè,tfc.k8G1f Mbee can cqpy th 9oik| kmAdaKet, £0,cifCTf}pc MewfiEer-scotttecSoamL:Q4 . . adog soo hrrne An o O JeoryptfL8meMum¼ - a n‰ncimLceste g sad‰Lhy ha r¾act facia 3WM . . _.. - _ ..-...... r .---. -. ------ .. ------^ ^ b s e aglManagU Ao4cauk e e tajne AWers one bec oRhie M1ic awAthalgce t cc eCÄ e, knadmdrx arsdp e±4kekhti ng covenaye ƽeased c c«moaca. auweaegravidedLisinCœ»kam cons¥Me capa eckJ Iabl\ n5umce. Frem1 ( LSRCC)mdis grin-w-gac enraceandgtamdL±alaeaudimston‰£cimL fasn W;e eAelap¾c-4Aa L5eruice-ofoEce . . ancL aLµacQu. bonding ar cmniaLafonyJr¼rrop cou àLccuesud Lank ec can &c aceAyoreMhe -Leyeuereice a egc‰d agde Glenn A,(ActG o c 97f