Affidavit of Marquitta L. Portman, February 5, 2001

1.

I am a citizen of the United States, and am competent to submit this Affidavit based on my own personal knowledge.

2.

I am the Plaintiff in this action, Civil Action File No. 99-1-7941-99.

3.

As part of normal discovery, pursuant to the Civil Practice Act, as Plaintiff, I submitted to each Defendant party a list of Interrogatories. (Currently part of the official Record) My intent in the use of Interrogatories was to respect the Defendant parties' needs to attend to their own professional duties during the course of the normal business day. With particular care to one Defendant's illness, I also attempted to  avoid personal stress for that individual Defendant.

4.

In response, attorneys for the Defendant parties have filed Motions to Dismiss, Objections, and Motions for Protective Orders. (Currently part of the official Record)

5.

Valid discovery was halted. My only protection under which to obtain the discovery was the Law and the Court.

6.

Until January 16, 2001 there was no Judge willing or vested with accurate jurisdiction to act in this Civil Action.

• Judge Stoddard recused himself immediately because he was also a defendant party.
• The case was then assigned to Judge Kenneth Nix, and I filed a Motion to Disqualify him.
• Although my unamended Motion and Affidavit failed to cite the judicial DUTY by which Judge Nix had the obligation to immediately recuse himself, the amended motion showed that he had a DUTY to do so.
• A ministerial DUTY to act requires unprompted and immediate action.

7.

The current Court, the Honorable Rufe E. McCombs, Senior Judge of Superior Courts, State of Georgia, has set hearing dates for the above named Defendant parties' Motions and Objections. Defendant parties have voiced as reason for their Motions, that I have failed to state a claim.

8.

By amendment, filed simultaneously with this Affidavit, I hereby show the Court clarification of my claim. 

9.

Until I had conflicting evidence, I relied on what appeared to be a valid Final Judgment to direct my actions.

10.

Because the Final Judgment is VOID, I have unknowingly acted in a manner contradictory to my rights. I have not knowingly waived any of my Constitutional Rights, but have done due diligence to ascertain those rights. Solely because of contradictory evidence from the Court, I have concluded that the Order is (was) VOID because of the fraudulent act of Robert E. Flournoy, Jr.

11.

Further Affiant sayeth not.

Respectfully submitted, this 5th day of February 2001.
 

Marquitta L. Portman, Plaintiff
261 Pioneer Trail
Marietta, GA 30068-3470
770-971-9455 home

Sworn to and subscribed before me this 5th day of February 2001.
 

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