IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HARRISON COUNTY, MISSISSIPPI ROBERT JOELY WHITE

Plaintiff

NO. A2401-17-9

Vs.

Demand Jury Trial

COMMUNITY BANCSHARES OF MISSISSIPPI INC., COMMUNITY BANK COAST, DAVID M. HUGHES and ALLAN PURVIS

Defendants

PLAINTIFF’S AMENDED MOTION FOR A TEMPORARY RESTAINING ORDER

COMES NOW Robert J White Pro se as his own undersigned counsel, and files his amended motion for a

temporary restraining order. Mr. White will suffer immediate, irreparable injury, caused by the defendant’s silent movement to proceed with a non-judicial foreclosure unknow to Mr. White. Mr. White learned February 24, 2017, 13 days before a March 9 2017, foreclosure sale that Community bank’s attorney had scheduled. Mr. White became aware of the sale by way of a random letter from an attorney who offered bankruptcy counseling. Because Mr. White’s property, Largo Plaza was publicized for a foreclosure sale in a Stone county paper. Mr. White lives in Gulfport and does not read newspaper in Harrison county nor in Stone county. The short notice has sent Mr. White scrambling looking for legal counsel. Mr. White contacted attorney Norris Hopkins for White Vs Community Bank and Mr. Hopkins advised that he needs more time to review the file. Mr. White contacted attorney Joel Blackledge to advise on financial matters concerning bankruptcy to block the foreclosure sale. Again Mr. Blackledge advised that he needed more time to review the file. Scrambling for time caused an extremely poor drafting of Mr. White’s motions for a temporary restrain order, preliminary injunction and motion to compel defendants to honor agreement to notify plaintiff of foreclosure proceedings by way of certified mail. Time is of the essence, with a non-judicial proceeding pending. To make preparation, everyday counts to Mr. White who needs all the time that is allowed to him by law and special agreements made between him and the defendant attorney’s.

1) Mr. White emailed Mr. Byrd to request to be notified by way of certified letter to learn the actual date

his client has initiated foreclosures proceedings. Mr. Byrd confirmed and stated that he instructed Mr.

wheeler to send Foreclosures notices by certified letter to Mr. White’s home address. To this very day,

March 6, 2017, Mr. White has not received a certified letter from Mr. Byrd or Mr. Wheeler. Moreover,

Mr. Byrd and Mr. wheeler do not contend that any certified letters have been sent to Mr. White. Mr.

White learned on February 24, 2017, that defendants had begun foreclosure proceedings and foreclosure

sale is scheduled for March 8, 2017 Based on the agreement between Mr. Byrd and Mr. White, he should

have been notified no later than February 7, 2017 that his client had begun foreclosure proceedings.

2) The following information are statements from email correspondence between Mr. White and Mr. Byrd.

To Mr. Byrd from Mr. White: “Also please provide notice by way of certified letter to Robert J White

19668 Eagle cove Gulfport MS 39053, to certify the actual date your client has begun foreclosure

procedure.” Mr. Bryd’s reply, “I have also asked Mr. Wheeler to send any notices to you by certified mail

at the address you provided Bob Byrd.” See attached exhibit U1-U2 the email correspondence that

demonstrates agreement confirmed between Mr. White and Mr. Byrd

3) Mr. Byrd underhandly induced Mr. White to schedule hearing for pending motions March 16, 2017, after

the foreclosure sale. Mr. White would have executed numerous legal strategies had he known sooner

the foreclosure sale was scheduled for March 8, 2017.

4) During the discovery process Mr. White requested a copy of his original credit application. The defendant

delivered two Community Bank internal documents identified as Commercial Credit Offerings. Mr. White submits into evidence P1 and P2. P1 and P2 triggered 84 question that Mr. White listed in memorandum analysis of exhibit P1 and P2. P1 and P2 that clearly reveals that the defendant overstated Mr. White’s income at the very least, by $232,000 which is banking fraud. Memorandum analysis of exhibit P1 and P2 is filed with the court and goes in great details to reveal a multitude of fraud and negligent misrepresentation of material fact. When Mr. White brought the misconduct to Mr. Byrd’s attention and he halted the discovery process. Mississippi Rule of Civil Procedure 26(b)(1) states that parties may obtain evidence by way of discovery "regarding any matter, not privileged, which is relevant to the issues raised by the claims or defenses of any party." The rule also states that evidence is discoverable which "appears reasonably calculated to lead to the discovery of admissible evidence.

5) Mr. White submits into evidence Exhibit S1, emails of correspondence that acknowledges Mr. Byrd’s refusal to participate in discovery or meeting with Mr. White until his motion to dismiss is heard.

6) Production of new evidence is Mr. White’s biggest obstacle to retain legal counsel for attorneys to see that the defendant’s statute of limitation defense can be over ruled. Mr. Byrd has blocked the discovery of new evidence. Mr. White has several motions pending to compel defendants to produce documents, answer interrogatories, and a motion for more definite answers to White vs Community First amended complaint.

7) Mr. White provided 25 gigabits of information that included several hundred of pdf files to the defendants

and personally delivered the information by way of a USB drive to the defendants’ employee Mike Cooper. But the defendants refusal to participate in the discovery process until their motion to dismiss is heard has caused irreparable harm to Mr. White’s property and White vs Community Bank. Mr. White needs to retain legal counsel by March 16, 2017 for which the defendants have hindered by halting the discovery process.

8) Mr. White has filed a motions with the court including a motion to compel defendant to answer plaintiff’s First Interrogatories, motion for Production of Documents and motion to compel defendant to honor agreement to notify Mr. White by certified mail.

9) Mr. White submits into evidence correspondence between Mr. White and Mr. Byrd by way of email, that

clearly demonstrates an agreement between Mr. White and Mr. Byrd that he would be notified by certified letter when his client has initiated foreclosure proceeding. Mr. Byrd agreed and now he, his client and Mr. Wheeler will not honor the agreement. Mr. White had a detrimental reliance upon the agreement that notification would be made by certified letter to establish the EXACT amount of time that would allow Mr. White to properly prepare financially, legally, and physically for Mr. White move personal belonging stored in Largo Plaza if in fact, Mr. White was unable to change or reconcile Community Bank’s position to proceed with a foreclosure sale.

10) March 1, 2017, Mr. White discovered a new witness. Cliff Frisbee who had a very similar experience on the same timeline as Mr. White. Mr. Frisbee will testify that he obtained financing through Community Bank to purchase a bowling alley in Wiggins MS., the same city as Mr. White. Mr. Frisbee said the loan officer new the financial information was incorrect and the appraisal contained negligent misrepresentation of material fact, that falsely enhanced the value of the property. Mr. Frisbee said he lost $6,700 per month for 5 years. Once loan became distressed, Mr. Frisbee and Mr. White shared the same loan officer, Mike Cooper.

11) Mr. White motions the court to enjoin community bank from foreclosure until they have properly notified Mr. White as agreed by way of a certified letter and/or grant Mr. White 10 days as law permits for temporary restrain order.

Relief can be granted by way of equitable estoppel, discovery rule and Continuing tort

12) The Georgia Court of Appeals addressed the applicability of equitable estoppel to a statute of repose in

Esener v. Kinsey, 240 Ga.App. 21, 522 S.E.2d 522 (1999), finding that: if the evidence of defendant's fraud

or other conduct on which the plaintiff reasonably relied in forbearing the bringing of a lawsuit is found

by the jury to exist, then the defendant, under the doctrine of equitable estoppel, is estopped from raising

the defense of the statute of ultimate repose. The statute of repose is not tolled by fraud, but fraud,

instead, gives rise to the doctrine of equitable estoppel, which prevents the defendant from asserting the

defense of the statute of repose, because his or her own wrongful conduct gave rise to the defense and

prevented the plaintiff from exercising reasonable diligence to learn the nature and cause of the injury

attributable to the defendant and from bringing suit. Since fraud does not toll the statute of repose but

may give rise to equitable estoppel of the defendant to raise the defense of the statute of repose, the

plaintiff must have acted diligently for equitable estoppel to be available, after the fraud was first

discovered or should have been discovered. This is generally a jury issue

13) The United States Supreme Court previously has provided that: courts of law in modern times have

introduced the doctrine of equitable estoppels, or, as it is sometimes called, estoppels in pais. The

principle is that where one party has by his representations or his conduct induced the other party to a

transaction to give him an advantage which it would be against equity and good conscience for him to

assert, he would not in a court of justice be permitted to avail himself of that advantage․ The general

doctrine is well understood and is applied by courts of law as well as equity where the technical advantage

thus obtained is set up and relied on to defeat the ends of justice or establish a dishonest claim. Ins. Co.

v. Wilkinson, 80 U.S. (13 Wall.) 222, 233, 20 L.Ed. 617, 622-23 (1872). See also Ins. Co. v. Mowry, 96 U.S.

544, 547-48, 24 L.Ed. 674, 676 (1878)

14) Windham v. Latco of Miss., Inc., 972 So. 2d 608, 611-12 (Miss. 2008) (holding that equitable estoppel and

fraudulent concealment apply to prevent a defendant from relying on time bar under statute of repose

preponderance of evidence that;

Relief requested

15) Mr. White motions the court enjoin Community Bank for 10 days and/or stop and desist March 9, 2017

foreclosure sale and direct Community Bank to honor agreement made with Mr. White to notify him by certified letter once Community Bank has begun a new foreclosure proceedings.

DATED: March 6, 2017.

Respectfully submitted

By_____________________

Robert Joely White Pro Se

19668 Eagle Cove

Gulfport, MS 39503

228-323-0692

joelywhite@yahoo.com

Exhibit’s Glossary

Exhibit A Picture Of Largo Plaza

Exhibit B1 Non-Disclosure Agreement

Exhibit B2 Seller’s Income Statement

Exhibit C2 Spreadsheet Real Revenue Sept 2007 To August 2008 Largo Sports And Sudsy

Exhibit D1 Hughes’ Loan Commitment Letter and Agreement Page 1

Exhibit D2 Hughes’ Loan Commitment Letter and Agreement Page 2

Exhibit P1,2 January 25, 2017, Mr. White Received From Defendants, Community Bank Credit

Offering For August 16, 2007 Loan. Signifies overstated income and numerous other fraud and

misrepresentation of material fact. 84 question derived from P1 and P2 listed in file memorandum analysis of

P1 and P2.

EXHIBIT S Emails correspondence between Mr. White to Mr. Byrd, he refuses discovery and meeting EXHIBIT U1-2 Emails correspondence between Mr. White to Mr. Byrd, confirming that Mr. White would be notified by certified letter that foreclosure proceeding had begun.

ROBERT WHITE <joelywhite@yahoo.com> Plaintiff’s Exhibit S

To

Robert Alan Byrd

Feb 15 at 8:53 AM

Is it possible for you and I to have a meeting February 22, 2017, at 8:30am at your office?

Robert A. Byrd <rab@byrdwiser.com>

To

'ROBERT WHITE'

Today at 9:57 AM

Mr White. I am not in a position to meet with you. Bob Byrd

Robert Alan Byrd

-----Original Message-----

From: ROBERT WHITE [mailto:joelywhite@yahoo.com]

Sent: Wednesday, February 15, 2017 9:45 AM

To: Robert Alan Byrd

Subject: Request Depositions of Hughes Cooper Colbert

I would like to depose the following witnesses in this order; David Hughes,

Mike Cooper and Thomas Colbert. My schedule is flexible so at your earliest

convenience is requested.

Best Regards

Joely White 228 323 0692

Mr White. Community Bank does not agree to engage in any discovery prior to

a hearing on our previously filed motion to dismiss or in the alternative to

compel arbitration. Bob Byrd

Robert Alan Byrd

From: ROBERT WHITE <joelywhite@yahoo.com>

Date: February 16, 2017 at 10:52:03 AM CST

To: "Robert A. Byrd" <rab@byrdwiser.com>

Subject: Re: Request Meeting?

I urge you to reconsider. Do not underestimate me. I am giving you the opportunity to negotiate a settlement. I am

willing to meet with you in your office at 8:30am Wednesday Febuary 22, 2017.

Make no mistake, You will have remorse if you decline my invitation.

Best Regards Joely White