1

I� THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT

I� A�D FOR WALTO� COU�TY, FLORIDA

CIVIL DIVISIO�

CE�TE��IAL BA�K,

Plaintiff, Case �o.: 09CA001577

vs.

JOH� CARROLL, JODIE CARROLL,

CHAMBERS STREET BUILDERS, I�C.,

TAU�TO� TRUSS, I�C., and DEPARTME�T

OF THE TREASURY I�TER�AL REVE�UE

SERVICE, et al

Defendants.

____________________________________

JOH� CARROLL,

Counter-Plaintiff

vs.

COASTAL COMMU�ITY BA�K and

MIKE BYERS

Counter-Defendants.

____________________________________________/

DEFE�DA�T and COU�TER-PLAI�TIFF JOH� CARROLL’S RE�EWED

MOTIO� TO DISMISS COASTAL and CE�TE��IAL’S COMPLAI�T

FOR LACK OF SUBJECT MATTER JURISDICTIO�

Defendant and Counter-Plaintiff John Carroll (“Carroll”), pursuant to Florida

Rule of Civil Procedure 1.140(b)(1) and 1.140(h)(2) moves for an Order Dismissing

Coastal Community Bank’s (“Coastal”) and Centennial Bank’s (“Centennial”)

Complaint for lack of subject matter jurisdiction and shows:

1. This Court lacks subject matter jurisdiction to proceed. Subject matter

jurisdiction has not been established in Coastal’s First Amended Complaint. The

2

jurisdictional question can be raised at any time and can never be time-barred, Florida

Rule of Civil Procedure 1.140(h)(2).

2. The First Amended Complaint fails to describe the Status of Plaintiff

insomuch as no specific facts have been alleged which determine whether or not Coastal

or Centennial are a Corporation, LLC, LLP, etc. and if so, whether or not Coastal or

Centennial is currently authorized to do business in the State of Florida.

Argument and Citations

3. Parties cannot stipulate to jurisdiction over subject matter where none

exists Cunningham v. Standard Guar. Ins. Co., 630 So 2d 179 (Fla 1994) In re D.N.H.W.,

955 So 2d 1236 (Fla 2d DCA 2007); and subject-matter jurisdiction may not be conferred

on court by consent of parties MCR Funding v. CMG Funding Corp., 771 So 2d 32, 35

(Fla 4th DCA 2000)

4. This Court has dismissed similar claims with the right to Amend the

Complaint in HSBC Bank USA, etc. v Boone, Walton County 08 CA 557 and Lasalle

Bank, etc. v. Schumacher, et al, Walton County 09 CA 247.

WHEREFORE, Carroll requests that the court enter an Order Dismissing

Plaintiff’s First Amended Complaint without Prejudice; and granting such other or

further relief as is appropriate.

3

I HEREBY CERTIFY that a copy of the foregoing was forwarded to Frank A.

Baker, Esq., 4431 Lafayette Street, Marianna, FL. 32446, counsel for Coastal, and to Paul

Alan Sprowls, Asst. U.S. Attorney, 111 North Adams Street, Tallahassee, FL 32301,

counsel for the IRS, and to Mike Byers 12141 Panama City Beach, FL. 32407 by regular

mail this 10th day of September, 2010.

Respectfully submitted,

___________________________

John Carroll

Box 613524

WaterSound, FL 32461

Phone (850) 231-5616

Fax (850) 622-5618