MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

Transcription

1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL DOUG SMITH Commissioner, District 1 June 13, 2018 Telephone: (772) Fax: (772) elenihan@martin.fl.us ED FIELDING Commissioner, District 2 HAROLD E. JENKINS II Commissioner, District 3 SARAH HEARD Commissioner, District 4 EDWARD V. CIAMPI Commissioner, District 5 TARYN KRYZDA, CPM County Administrator SARAH W. WOODS County Attorney Division 11, 17 th Judicial Circuit of Florida Room Southeast 6 th St. Fort Lauderdale, FL Re: MTGLQ Investors, L.P. v. Carlos A. Pagan a/k/a Carlos Pagan, et al.; Case No. CACE Dear Judge, Enclosed please find a courtesy copy of Martin County s Motion to be Excused from Future Appearances, which has been filed with the Court. Also enclosed is a proposed Order on said Motion along with sufficient copies and self-addressed, stamped envelopes for your mailing convenience. Please let me know if you have any questions. Sincerely, Elizabeth Lenihan Assistant County Attorney Enclosures cc: David Reider, Esq. (via ) America Alvarez, Esq. (via ) Unknown Tenants 1 and 2 (via U.S. Mail) Tara N. Mulrey, Esq. (via ) TELEPHONE WEB ADDRESS leg2018l119.docx 1 of 6

2 Filing # E-Filed 06/13/ :20:29 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MTGLQ INVESTORS, L.P., Plaintiff, CASE NO. CACE vs. CARLOS A. PAGAN A/K/A CARLOS PAGAN; UNKNOWN TENANT 1; UNKNOWN TENANTS 2; EL-AD RESIDENCES AT MIRAMAR CONDOMINIUM ASSOCIATION, INC.; and MARTIN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, Defendants. / MARTIN COUNTY S MOTION TO BE EXCUSED FROM FUTURE APPEARANCES Defendant, Martin County, a political subdivision of the State of Florida ( the County ), respectfully requests the Court to excuse the County s appearance at all future hearings and proceedings in this case. On or about January 4, 2018, the County was served with the Verified Complaint ( Complaint ). The County has answered the Complaint, but would only be entitled to surplus funds remaining in the Court s registry (if any) after the foreclosure sale of the subject property. The County seeks to avoid unnecessary burden and public expense associated with the defense of this case, and likewise seeks to avoid a default or sanction for nonappearance. Providing the relief herein sought would not prejudice any party to this litigation. Notwithstanding the foregoing, the County intends to remain on the service list and to be copied with all subsequent filings in this matter, including any Final Judgment, Notice of Sale, Certificate of Sale, Certificate of Title, and Notice of Surplus Funds. 2 of 6

3 WHEREFORE, Defendant, Martin County, a political subdivision of the State of Florida, respectfully requests the Court to excuse the County s appearance at all future hearings and proceedings in this matter. Respectfully submitted by: SARAH W. WOODS COUNTY ATTORNEY Martin County Administrative Center 2401 SE Monterey Road Stuart, FL Telephone: (772) Facsimile: (772) LegalEsvc@martin.fl.us By: _/s/ Elizabeth V. Lenihan Elizabeth V. Lenihan Assistant County Attorney Florida Bar No elenihan@martin.fl.us CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13 th day of June, 2018, a true and correct copy of the foregoing was furnished by or other appropriate form of service as indicated below to each of the following: David Reider, Esq. exl Legal, PLLC th Street North, Suite 200 St. Petersburg, FL efiling@exllegal.com America Alvarez, Esq. Corona Law Firm, P.A NW 7 th St., Second Floor Miami, FL foreclosure@coronapa.com ricky@coronapa.com aalvarez@coronapa.com 2 3 of 6

4 Unknown Tenant 1 Unknown Tenants 2 Tara N. Mulrey, Esq. Katzman Chandler 1500 W Cypress Creek Rd., Ste. 408 Fort Lauderdale, FL pleadings@katzmanchandler.com tmulrey@katzmanchandler.com 3 4 of 6

5 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MTGLQ INVESTORS, L.P., Plaintiff, CASE NO. CACE vs. CARLOS A. PAGAN A/K/A CARLOS PAGAN; UNKNOWN TENANT 1; UNKNOWN TENANTS 2; EL-AD RESIDENCES AT MIRAMAR CONDOMINIUM ASSOCIATION, INC.; and MARTIN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, Defendants. / ORDER GRANTING MARTIN COUNTY S MOTION TO BE EXCUSED FROM FUTURE APPEARANCES THIS CAUSE having come before the Court on Martin County s Motion to be Excused from Future Appearances in this matter, and the Court being fully advised in its premises, it is hereby ORDERED AND ADJUDGED that: 1. The Motion is GRANTED. 2. Absent further Court Order, the County is relieved of pretrial and scheduling obligations and is excused from attendance at all future hearings and proceedings in this case. 3. The County shall remain on the service list and continue to receive all future filings in this matter. June, DONE AND ORDERED in chambers in Broward County, Florida, on this day of Circuit Court Judge 5 of 6

6 Copy: Elizabeth Lenihan, Esq. Martin County Attorney Office Assistant County Attorney 2401 SE Monterey Road Stuart, FL David Reider, Esq. exl Legal, PLLC th Street North, Suite 200 St. Petersburg, FL America Alvarez, Esq. Corona Law Firm, P.A NW 7 th St., Second Floor Miami, FL foreclosure@coronapa.com ricky@coronapa.com aalvarez@coronapa.com Unknown Tenant 1 Unknown Tenants 2 Tara N. Mulrey, Esq. Katzman Chandler 1500 W Cypress Creek Rd., Ste. 408 Fort Lauderdale, FL pleadings@katzmanchandler.com tmulrey@katzmanchandler.com 2 6 of 6