MANUEL J. CASARES andSTEPHANIE A BANACK,

Plaintiffs,

Vs.

FRED FOY STRANG, CECILY STRANG,RON HUGHES, BGNS CORPORATION,A Florida corporation, d/b/a NORRIS ANDCOMPANY, ROBERT SAK and ACTIONEVIRONMENTAL SERVICES, INC. aFlorida Corporation.

Defendants,

IN THE CIRCUIT COURT OF THENINTEENTH JUDICIAL CIRCUITIN AND FOR INDIAN RIVERCOUNTY, FLORIDA

CASE NO.: 2007-0005-CA-17

JUDGE: CYNTHIA L. COX

VERIFIED MOTION TO DISQUALIFY JUDGE

COMES NOW, The Plaintiff Manuel J. Casares who was treated abusively and

disrespectfully with complete disregard to his fragile emotional/ physical condition while

attempting to be heard during a hearing on Thursday February 24, 2011 at 8:45 am

and files his motion to disqualify Judge Cynthia L. Cox and in support of:

1. Clifford Miller prior attorney for the plaintiff was granted a Motion to Withdraw

due to conflicts and issues, which he created informed Casares during meeting on

Monday February 7, 2011 that he had represented Mark Dellerman (spouse of Judge

Cynthia L. Cox) as a client, Miller has stated he achieved favorable results for Dellerman

(Cox's spouse).

2. Casares attempted to make an objection to a request by Miller in the Motion to

Withdraw which was he heard before Judge Cox which would have included evidence

that was not favorable to Miller's reputation. Judge Cox refused to allow Casares to

present the evidence in violation of his right to free speech. The evidence was necessary

to demonstrate the need for additional time requested.

3. Judge Cynthia L. Cox ripped up Casares letter from Leslie Hutchinson MD in fit

of anger at Casares demonstrating a lack of respect towards Casares' disability and

causing unnecessary emotional stress and abusive behavior towards Casares. The action

is in violation of the Florida Disabilities Act. Further when Casares returned to the

courtroom later to obtain the letter he was denied access, and he was accosted by two

Bailiffs who abused him further with lies threats and generally abusive behavior further

causing emotional abuse to Casares disabled and fragile condition. These actions

aggravated conditions caused by injuries sustained by Casares in the current lawsuit

requiring a return to daily medication which he had been able to only recently

discontinue.

4. Mark Dellerman is owner of Nature Farms Inc. a pineapple and organic produce

business which works with Hale Groves in direct competition with Countryside Citrus

produce business which is owned by the Banack Family Partnership (plaintiff).

Furthermore Mark Dellerman was former President of Dellerman Groves and the

Dellerman family were former clients of Sid Banack Insurance, according to the Banack

family. These relationships have a direct financial bearing on Judge Cynthia L. Cox.

5. Cynthia L. Cox presided over the Dissolution of Marriage of Stephanie A. Banack

and Manuel J. Casares in this courthouse during which time Cox became privy to

sensitive private information which would certainly cause Casares to be concerned that

he would be treated impartially. The information included references to Cox not likely

acting with impartiality towards Casares.

6. The Plaintiff Manuel J. Casares does not reasonably feel that he will receive a fair

trial in front of Judge Cynthia L. Cox.

WHEREFORE, Plaintiff Manuel J. Casares respectfully requests this Court to

enter an order recusing herself from this case and grant any further relief the court deems

appropriate.

PLAINTIFFS VERIFICATION

I Manuel J. Casares understand that I am swearing or affirming under oath to the

truthfulness of the claims made in this Verified Motion to Disqualify and that the

punishment for knowingly making a false statement includes fines and or imprisonment

ItSEI J. Casares

STATE OF FLORIDACOUNTY OF INDIAN RIVER

I HEREBY CERTIFY that on Hd/^ V ^o| ) , before me, authorized to take

acknowledgements, to me personally appeared Manuel J. Casares, to me personally

known or who produced /^c/T^Mu^CC rC^^'^as identification to me known to

be the person described in and who executed the foregoing Verified Motion and he

acknowledged before me that he executed same. Witness my hand and seal in the County

and State aforesaid.

/ULL

SUE JENKINSubfic • State c

#)-| My Comm, Expires Jan 8, 2015Commission # EE 27178

Bonded Through National Notary Assn.

Notary

(seal)

ATTORNEY CERTIFICATION

I, Manuel J. Casares, attorney for plaintiff, hereby certify that the Verified

Motion to Disqualify and the of the verification of the plaintiff are made in good faith.

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been furnished by U.S. mailservice and facsimile transmission this y day of March, 2011 to the following:

Geralyn M. Passaro, Esq.Litchfiel Cavo, LLPRadice Corporate Center600 Corporate Drive, Suite 600Fort Lauderdale, Florida 33334(Counsel for Defendants, BGNS and Hughes)

Pro Se' Defendants, Fred Foy Strang and Cecily Strang1177 Holston AvenueBristol, Tennessee 37260

Pro Se' Defendant, Robert Sak5101 Deer Run DriveFt. Pierce, Florida 34951

Stephanie B. Casares7830 15th LaneVero Beach, Florida 32966

Robert C. NailRobert C. Nail, PAP.O.Box 5325Vero Beach, Florida 32861-5325

J. Casares

4725 Stephanie Lane SWVero Beach, Florida 32968772-766-0020