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NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
PROBATE DIVISION
REF NO. 19-002120-ES
MARGARET KATHLEEN RHYNE GOODMAN, a co-trustee of the Cecil Rhyne QTIP Trust UTD April 16, 1996,
Plaintiff, v.
JAMES CECIL RHYNE, a co-trustee of the Cecil Rhyne QTIP Trust UTD April 16, 1996.
Defendant.
COMES NOW, the court, upon filing of the proper sworn statement by the Plaintiff, and compliance with all other relevant provisions of Chapter 49, and hearing upon August 28, 2019, the court finds that the plaintiff is entitled to issuance of this Notice of Action, stating:
(1) The name of the known natural defendant is James Cecil Rhyne.
(2) There are no corporate defendants.
(3) There are not believed to be any unknown defendants who claim by, through, under or against the named Defendant, James Cecil Rhyne, or who could be described as having or claiming to have any right, title or interest in the property herein described:
(a) the assets of the Trust created by the Trust Agreement made and signed on April 16, 1996, Cecil Rhyne, as Grantor, and Winifred K. Rhyne and Cecil Rhyne, as Trustees, created the Cecil Rhyne Trust, and within it, the Cecil Rhyne QTIP Trust hereinafter, “the Trust”);
(b) more specifically, the 380 acres of forested timber land in Jackson County, Florida (hereinafter, “the Property”) owned by the Trust, which is the last remaining asset of the Trust.
(4) The nature of this action is:
(a) authorize the Plaintiff to contract with appropriate third parties to remove lumber from the Property and to enter into a land swap with the neighboring landowner, to provide permanent deeded legal access to the Property;
(b) remove the Defendant as co-trustee of the Trust;
(c) appoint William G. Rhyne as successor co-trustee of the Trust, to replace the Defendant;
(d) approve attorney's fees for counsel for the Plaintiff, and tax approved attorney's fees and costs of this action to the Defendant's share of the Trust.
(5) The Defendant, James Cecil Rhyne, shall file written defenses to the Complaint filed in this action on March 5, 2019.
(6) Such defenses shall be:
(a) FILED WITH THE CLERK OF THE PROBATE COURT, LOCATED AT 315 COURT STREET, CLEARWATER, FL 33756, within 28 days of the first publication of this notice on September 20, 2019;
AND
(b) served upon the petitioner's attorney, Charles D. Hinton, Esq., 1597 62nd Avenue North, St. Petersburg, FL 33702, within 28 days of the first publication of this notice on September 20, 2019.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 500 Clearwater, FL 33756, (727) 464-4880(V) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711.
ORDERED
09/11/2019 11:25:02 AM
THE HONORABLE
PAMELA A.M. CAMPBELL
Charles D. Hinton, Esq.
1597 62nd Avenue North
St. Petersburg, FL 33702
Sept. 20, 27; Oct. 4, 11, 2019 19-05161N