IN THE DISTRICT COURT OF APPEAL

IN AND FOR THE STATE OF FLORIDA

SECOND DISTRICT

2DCA CASE NO.: 2D07-4644

Theresa Marie MARTIN, ) in an appeal from summary denial

Petitioner/Appellant, ) of habeas corpus for child custody
)
v. )
)
Stephen Paul MARTIN, ) Pasco County Circuit Court case:
Respondent/Appellee, ) 2007-DR-4735-WS
)
and, )
)
In re: The welfare and interest of the ) The Honorable Lynn Tepper,
parties’ children, S.M.M. and J.E.M. ) Sixth Judicial Circuit, Dade City
_______________________________ ) ________________________________

Motion for Rehearing, Motion for Clarification, and Formal

Call for Written Findings of Fact and Conclusions of Law
Comes now the Appellant, Theresa M. Martin, rightful custodian of the minor

children herein, and demands immediate correction of flagrant gross errors, to-wit:

TO: Justices GALLEN, CANADY and LaROSE

Your recent single sentence denial of relief is, frankly, a ridiculous joke on law.

Indeed, how could you ever explain why you are affirming a lower Florida court

allowing a four-time convicted child molester to kidnap my daughters across state

lines, after I got custody in our divorce, by letting his lawyer file a second divorce?

It is impossible for your ruling to be legal, which confirms the lack of any basis.

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 So that everyone can follow along with this clear-cut set of ridiculous criminal

violations against every form of law, rule, and regulation, as well as also against

every single fiber of reasonable and moral society, I have provided this practical

copy of your online docket, including links to the legal documents in this case, at:

http://www.freewebs.com/littlet38/2DCA/AppealDocket.htm

Let’s go over it together, one more time, shall we?

a) The original Pasco Family Court proceedings are an utter farce, having

first gone through two years of the original divorce action, with my felon ex-

husband even participating, and twice awarding me easily-rightful custody of

my two daughters, but then, actually allowing him to, first, totally abandon

the State of Florida and our daughters, accrue over $10,000 in child support

arrears (over 95% of what he owed from the start), then, let him also return to

Florida later, even during pendency of an arrest warrant for that same child

support, literally kidnap my girls while I am at work, struggling to provide for

them (since DOR never did one single thing to hold him accountable), but

then, also, allowing him to hire a crooked attorney, who came right in after

the fact, actually filing a brand new (second) divorce action against me for

custody (which he cannot have under any law), and which was even more

incredibly upheld, also then even canceling out his entire owed child support

in clear violation of federal law, and then taking my income to reward him;

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 b) The petition for writ of habeas corpus – an action so important under law,

that it is the ONLY type of action available as original jurisdiction in virtually

every single regular court of the entire Florida system, including your own,

and also so important that it is the only Great Writ protected by both our

Florida and United States Constitutions – was filed in another court of the

Pasco County system, stating the above problems, and including the exhibits

as proof of everything. By law, this action and paperwork required a hearing.

c) That action for immediate and obvious relief was quickly denied without

so much as any hearing, nor any legal basis in support (as there just isn’t any);

d) A simple and short, indisputable, opening appeal brief was filed with you,

again, covering the black-and-white, absolutely-compelled-by-written-law

relief that you must grant me, by law, along with it’s own appendix of proof;

e) And, with an equally-hammering reply brief, you still ignored the law that

is mandated in my favor, and crazily tell me to, instead, go all the way back to

the original fraudulent trial court, which fragrantly refuses this same basic law

(which is why we are now here, of course), and even has refused to set any

action on some of my point-blank motions filed from well over a year ago?

I’m sorry. You just don’t seem to get it. That lower court has been knowingly

and repeatedly committing acts that are criminally against the law, not upholding

the law as clearly written and mandated. Any sixth-grader can easily see that

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falsely sending me back there – in strict violations of your duty to uphold the

written law – is just a wild goose chase for expecting the same old fraud and dance.

Moreover, this nightmare has already been going on since my youngest was 13

years old when they were kidnapped out of state in June of 2004, and she will now

be 18 years old in this October, while your entire court system has utterly failed

every written, mandatory aspect of law, and while various and certain people have

also tried to cover it all up, with even more ridiculous rulings and actions done in

clear violation of the mandatory written law also provided each time beforehand.

Don’t forget that that includes either assisting and/or committing criminal acts.

Let me ardently remind you one last time:

He is a four-time convicted child molester. He can not have child custody. Ever.

The “security laws” on the books in each and every State are put there, in order to

prevent any unsupervised time with children – period – let alone have any custody.

Even IF you forgot about that, he never followed the mandatory process for the

seeking of relocating children out of state, let alone modifying custody in the first

place (if ever, due to the various felonies), and has wildly “unclean hands” through

this entire blasphemous affair of the “law”, and has even been helped to break the

law, by your own lower court system, and by at least one very, very bad attorney.

Beyond that, it is obvious fraud – to everyone – to “divorce” me a second time.

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 Please read my Brief this time. It’s not very long, at only just several pages, but

the applicable law is not only conclusive, it is easy, mandatory, and indisputable.

You know better, much better, and the law is very clear. Now fix this matter.

Indeed, since Rule 9.030(b)(3) of your very own Florida Rules of Appellate

Procedure confirms that you, also, have original jurisdiction over habeas corpus

matters, please now formally also accept this demand for original habeas relief of

the same emergency matters as a petition or motion or whatever you need to do so.

And, let’s not forget that your sister appellate Florida Court has ruled:

The writ of habeas corpus was designed as a speedy method of affording a

judicial inquiry into the cause of the alleged unlawful custody of an
individual. State ex rel. Paine v. Paine, 166 So. 2d 708 (Fla. 3d DCA 1964).
For that reason, habeas corpus has been authorized as a remedy for
ascertaining a parent's right to custody of his or her children. Id.

E.T. v. State, 930 So. 2d 721 (Fla. 4d DCA 2006)

And, that even your own Second Circuit ruling, from just one week earlier than

your ridiculous ruling here, in my case, agrees with my Constitutional Rights:

However, a significant point in V.H. was that a constitutionally recognized

right was implicated--the fundamental liberty interest that parents have
"in the care, custody, and control of their children." Troxel v. Granville,
530 U.S. 57, 65, 120 S. Ct. 2054, 147 L. Ed. 2d 49 (2000). In such a case, we
held that "the proper vehicle for relief to obtain a belated appeal is to file a
petition for writ of habeas corpus in the trial court." V.H., 893 So. 2d at 640.
See also In re Interest of E.H., 609 So. 2d 1289 (Fla. 1992).

In re May, 2008 Fla. App. LEXIS 2444 (Fla. 2d DCA, February 22, 2008)

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 And, see also, e.g.: In re E.H., 609 So. 2d 1289 (Fla. 1992), where the Florida

Supreme Court agreed with the urgency of habeas corpus in child custody matters.

This situation is absolutely ridiculous. There is no possible way that your ruling

of affirmance can be supported under any written law, nor at any time, whatsoever.

Indeed, ALL of the written law mandates that you provide immediate relief for

me in this matter – the law absolutely mandates this Court provide relief for me

and my daughters as pled and sought, and you are required, as a matter of law, to

promptly provide that same relief, under any of the multiple laws I provided you.

Let me repeat that:

1. SEVERAL written statutes of the Florida Code mandate the relief for me.

2. That means: multiple, independent force-of-law Florida statutes require this

Court to grant me my justice, and to promptly return my minor children home.

3. You have NO choice in the matter, by law, and must grant my relief – let

alone tell me to go back to the court which is, instead, clearly breaking the law.

Demand for Findings of Fact and Conclusions of Law

Your Appellant also now claims, reserves, requests, and demands that you

provide a detailed, written analysis of law, with authorities on point, supporting

your ruling, including all necessary findings of fact and conclusions of law herein.

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 Further, please do not insult me by threatening, implying, or causing retaliation

for any strong language as used above. Your “ruling” is an absolute, utter, and total

violation against every single point of law that was already duly provided to you.

Indeed, it would be a clear criminal act to support that ruling, in any manner, but

I will graciously provide you with one additional opportunity to give a thorough

review of the matter, before I am compelled to continue and expand legal redress.

WHEREFORE, this Appellant, Theresa M. Martin, demands this Court now

act with all deliberate speed to correct the criminal and civil fraud that was clearly

committed within the lower court proceedings, restore the original status quo in

existence prior to said frauds, including all child support matters, ensure that my

daughters are both immediately returned home, and moves for all other just relief.

Respectfully submitted,

_______________________
Theresa M. Martin
10918 Norwood Avenue
Port Richey, FL 34668
727-457-2436

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 CERTIFICATE OF SERVICE

I hereby certify: that on this 25th day of March, 2008 a true and complete copy

of the foregoing motion for rehearing, et seq., by depositing the same in the United

States mail, first class postage preaffixed, has been duly served upon:

Stephen P. Martin
25675 Hoffmeyer St.
Roseville, MI 48066

and, that courtesy copies are being, and/or have been, delivered to the following:

Florida Times Union

One Riverside Avenue, P.O. Box 1949, Jacksonville, FL 32231
Joe Adams, 904-359-4534, joe.adams@jacksonville.com
Carol Boone, 904-359-4633, carol.boone@jacksonville.com
Beth Kormanik, 904-359-4619, Beth.kormanik@jacksonville.com

Fort Lauderdale Sun-Sentinel

200 E. Las Olas Boulevard, Fort Lauderdale, FL 33301-2293
Kingsley Guy, 954-356-4616, kguy@sun-sentinel.com
Dianna Mellion, 954-356-4615 dmellion@sun-sentinel.com
Jennifer Peltz, 561-243-6636, jpeltz@sun-sentinel.com

Miami Herald
1 Herald Plaza, Miami, FL 33132-1693
Joe Oglesby, 305-376-3505, joglesby@herald.com
Dora Bain, 305-376-3511, dbain@herald.com
Matthew Pinzur, 305-376-3487, mpinzur@herald.com

Orlando Sentinel
633 North Orange Avenue, Orlando, FL 32801
Jane Healy, 407-420-5406, jhealy@orlandosentinel.com
David Damron, 407-420-5311, ddamron@orlando.sentinel.com

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Palm Beach Post
2751 South Dixie Highway, West Palm Beach, FL 33405
Randy Schultz, randy_Schultz@pbpost.com
Kimberly Miller, 561-820-4435, kim_miller@pbpost.com

St. Petersburg Times

490 First Avenue, South, P.O. Box 1121, Saint Petersburg, FL 33731-1121
Phil Gailey, 727-893-8268, gailey@sptimes.com
Linda Kinnas, 727-893-8325, kinnas@sptimes.com
David Karp, 727-893-8330, karp@sptimes.com

Tampa Tribune
202 S. Parker St. (33602), P.O. Box 191, Tampa, FL 33601
Rosemary Goudreau, 813-259-7784, RGoudreau@tampatrib.com
Kathy Weeks, 813-259-7675, 813-259-7784, KWeeks@tampatrib.com
Gary Haber, 813-259-8285, ghaber@tampatrib.com

Tallahassee Democrat
277 N. Magnolia Drive, P.O. Box 990, Tallahassee, FL 32302-0990
Mary Ann Lindley, 850-599-2178, mlindley@tallahassee.com
Melaine Yeager, 950-599-2306, myeager@tallahassee.com

Daytona Beach News-Journal

901 Sixth Street (32117-8099), P.O. Box 2831, Daytona Beach, FL 32120-2831
David Wiggins, 386-681-2464, david.wiggins@news-jrnl.com
Mark Harper, 386-681-2498, Mark.harper@nws-jrnl.com

Florida Today
Gannett Plaza, P.O. Box 419000, Melbourne, FL 32941-9000
John Glisch, 321-242-3968, jglisch@flatoday.net
James Dean, 321-242-3617, jdean@flatoday.net

Gainesville Sun
2700 S.W. 13th Street (32608), P.O. Box 147147, Gainesville, FL 32614-7147
Ron Cunningham, 352-374-507, cunnigham@gvillesun.com
Janine Sikes, 352-338-3103, sikesj@gvillesun.com

St. Augustine Record

One News Place, St. Augustine, FL 32086
Jim Sutton, 904-819-3442, editor staugustinerecord.com

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Lakeland Ledger
401 Missouri Avenue, P.O. Box 408, Lakeland, FL 33802
Dave Schultz, 863-802-7600, dave.Schultz@theledger.com
Andrew Dunn, 863-802-7588, andrew.dunn@theledger.com

Naples Daily News

1075 Central Ave., Naples, FL 34102
Jeff Lytle, 941-263-4773, jflytle@naplesnews.com
Dianna Smith, 239-435-3451, dismith@naplesnews.com

Sarasota Herald Tribune

801 S. Tamiami Trail, P.O. Box 1719, Sarasota, FL 34230
Tom Tryon, 941-957-5225, tom.tryon@heraldtribune.com
Laura Green, 941-486-3053, laura.green@heraldtribune.com

Fort Myers News-Press

2442 Dr. Martin Luther King Jr. Blvd., Fort Myers, FL 33901
Gail Palmer, 239-335-0244, gpalmer@news-press.com
Jennifer Reed, 239-335-0356, Jreed@news-press.com

and, to countless others by purely electronic methods.

________________________
Theresa M. Martin

Theresa M. Martin
10918 Norwood Avenue
Port Richey, FL 34668
727-457-2436

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