Harold A. Johnson - Page 3

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               On July 22, 1988, Judge Charles M. Harris (Judge Harris) of             
          the Brevard County court issued an order foreclosing on the                  
          Merritt Island property.  Later that year petitioner vacated the             
               At the foreclosure sale, the Merritt Island property was                
          sold for $49,000.  Thereafter, a certificate of title was issued             
          to the purchaser.                                                            
          C.  Collateral Litigation Involving the Merritt Island Property              
               Petitioner participated in the foreclosure proceeding.                  
          However, he failed to timely challenge the July 22, 1988,                    
          foreclosure order, allegedly because Judge Harris’ judicial                  
          assistant, Penny Cooper (Ms. Cooper), incorrectly dated the                  
          order.  According to petitioner, he did not discover the alleged             
          error until after the applicable appeal period had expired.                  
               In March 1994, nearly 6 years after the July 22, 1988,                  
          foreclosure order was issued, petitioner commenced an action                 
          against Judge Harris and Ms. Cooper in the Volusia County,                   
          Florida, circuit court (the Volusia County court).  Petitioner               
          alleged that at the time the foreclosure order was issued, a                 
          nonfinal order was pending on appeal before the Fifth District               
          Court of Appeal, the pendency of which served (in petitioner’s               

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