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FIRST INSERTION
JOINT MOTION TO APPROVE SETTLEMENT AND TO
ENTER AGREED ORDER
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
CASE NO. 08-7537-ES-004
In re: BRIAN SKELLY, deceased.
Debtors.
Estate of Brian Skelly,
Petitioner, vs
BRIAN R. SKELLY, CHERISE L. SKELLY, SHERYL E. SANDERS and FRANK HUGULEY,
Respondents.
COMES NOW, ROBERT J. JONES, Esquire, the Personal Representative of the Estate in the above-described Partition action by and through his undersigned counsel, and FRANK HUGULEY, by his attorney-in-fact GALE GORMLY, and they stipulate and file this Motion to compromise all matters in dispute, and file their Joint Motion for the Court to approve their compromise and settlement and to enter an Order memorializing and granting the parties the relief described as follows.
Background.
1. Pursuant to an order entered by this Court on June 20, 2011, the parties were to sell property of the Estate and to divide the proceeds of the sale between FRANK HUGULEY and the Estate.
2. Paragraph 8 of the Order provided that proceeds of the sale of the property was to be held by an escrow agent pending Order by the Court.
3. The property was sold for $40,000.00 to a third party, disinterested in this Estate, and the net proceeds of the sale are being held by STEWART TITLE COMPANY, 4134 Central Avenue, St. Petersburg, FL 33711.
4. The paragraphs that follow contain the scope of the agreement reached by the Estate and FRANK HUGULEY, and they move the Court to approve the scope and provisions of the agreement and that the Agreement become operative and be implemented in the partition action.
The Agreement.
5. Each party to this Motion has personally spent effort and money to maintain the real estate that was the subject of this partition action, and each party has agreed to bear the cost of one-half of the expenses.
6. The maintenance expenses are memorialized at Exhibit A, hereof, and the sums of the expenses show as a credit for the party incurring said expense to the amount owed from the net proceeds.
7. Before the credits are applied, the amount owed each party from the net proceeds is one-half of the net proceeds (1/2 x $35,006.24 = $17,503.12).
8. After the credits are applied, FRANK HUGULEY shall receive $12,885.91 and the Estate of BRIAN SKELLY shall receive $22,120.34, for which the parties request that the Court issue an Order to Distribute the Proceeds.
a. No monies being held by the Escrow Agent shall be held in suspense accounts for future disbursement.
9. The parties have and will receive credit only for the monies that they actually paid while this settlement is executory. After the proposed Order is entered, the Estate may receive deposit refunds from utilities and insurers, and it may pay to another law firm or legal newspaper fees and expenses associated with antecedent services incident to this Partition action. The receipts and expenses shall offset one another and one or the other parties shall receive either a bill from the Estate or net reimbursement, as the case may be.
WHEREFORE, the Estate of Brian Skelly through its Personal Representative and Frank Huguley through his attorney-in-fact respectfully request that the Court enter an Order directing the parties and the Escrow Agent to implement the above-described “Agreement,” and that they be granted such other and further relief as the Court may deem appropriate and just in the circumstances.
Dated: December 8, 2011.
Respectfully submitted,
ROBERT J. JONES, Esq.
Personal Representative
P.O. Box 49242
St. Petersburg, Florida 33743
(727)344-6555
[email protected]
FBN 0949795
GALE S. GORMLY
P.O.A. Frank Huguley
Attorney-in-fact for Frank Huguley
1820 NW 83rd Terrace
Pembroke Pines, FL 33024
(954) 437-6550
[email protected]
December 16, 23, 2011 11-08861