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NOTICE OF ACTION OF COMPLAINT FOR A DECLARATORY JUDGMENT OF
ALTER EGO; DECLARATORY JUDGMENT FOR SIMPLE TITLE AND FOR REFORMATION OF LEGAL DESCRIPTION; QUIET TITLE UNDER F.S. §65.081
AND ACTION FOR AUTHORITY
TO SELL PROPERTY FREE AND CLEAR PURSUANT TO
11 U.S.C §363 (b)(f) and (h)
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
www.flmb.uscourts.gov
Case No. 8:09-bk-08409-MGW
Chapter 7
In re:
JERRY A. LEWIS,
Debtor.
Adversary Proceeding
Case No.: No. 8:21-ap-00178-MGW
CAROLYN CHANEY,
CHAPTER 7 TRUSTEE,
Plaintiff, vs.
THE PROBATE ESTATE (IF ANY) OF JERRY A. LEWIS, DECEASED
UNKNOWN HEIRS OF JERRY
A. LEWIS, DECEASED, THE
PROBATE ESTATE (IF ANY) OF
MARY E. LEWIS, DECEASED
UNKNOWN HEIRS OF MARY E. LEWIS, DECEASED, LEWIS' 8001 ENTERPRISES, INC., a Florida Corporation Dissolved in 1999,
LEWIS' 8001 ENTERPRISES, INC.,
a Florida Corporation Dissolved in 2006, JERRY P. LEWIS, CINDY P. SWINT, JAN L. ROBINSON,
CRAIG A. LEWIS, TRACEY E.
SEXTON, MARY BETH ROWE,
ENVIRONMENTAL PROTECTION COMMISSION OF
HILLSBOROUGH COUNTY FLORIDA,
Defendants.
1. Plaintiff, Carolyn Chaney (the “Plaintiff”), by and through her undersigned counsel, have filed a Complaint for a Declaratory Judgment of Alter Ego; Declaratory Judgment for Simple Title and for Reformation of Legal Description; Quiet Title Under F.S. §65.081 and Action for Authority to Sell Property Free and Clear Pursuant to 11 U.S.C §363 (b)(f) and (h).
2. The case is pending in the United States Bankruptcy Court in the Middle District of Florida, Tampa Division; Case No.: No. 8:21-ap-00178-MGW, the address of which is 801 N. Florida Ave., Suite 555, Tampa, Florida 33602.
3. Pursuant to Florida Statute §§ 49.011, 49.021, 49.08 and 49.09 the Plaintiff hereby provide the Notice of Action to the following entities and persons:
a. The Probate Estate (if any) of
Jerry A. Lewis, Deceased
b. Unknown Heirs of Jerry A.
Lewis, Deceased,
c. The Probate Estate (if any) of
Mary E. Lewis, Deceased
d. Unknown Heirs of
Mary E. Lewis, Deceased,
e. Lewis' 8001 Enterprises, Inc.,
a Florida Corporation Dissolved
in 1999 (“Lewis' 8001 [A]”),
f. Lewis' 8001 Enterprises, Inc.,
a Florida Corporation Dissolved
in 2006 (“Lewis' 8001 [B]”),
g. Jerry P. Lewis,
h. Cindy P. Swint,
i. Jan L. Robinson,
j. Craig A. Lewis,
k. Tracey E. Sexton,
l. Mary Beth Rowe,
m. Environmental Protection
Commission of Hillsborough
County Florida,
n. All parties claiming interests
by, through, under or against the
parties named above, and
o. All parties having or claiming
to have any right, title or
interest in the real property described
herein (hereinafter, the “Property”).
The legal description of the Property is:
Parcel Identification Number 00854.1000(9)
THAT PART OF SEC 7 LYING WITHIN THE FOLLOWING: BEG AT THE NW COR OF SEC 6; TH N 89 DEG 34 MIN 52 SEC E, ALG THE N LN OF SD SEC 6, A DIST OF 3331.49 FT; TH S 08 DEG 08 MIN 25 SEC W, A DIST OF 2688.14 FT; TH S
89 DEG 51 MIN 50 SEC W, A DIST OF 157.13 FT; TH S 00 DEG 34 MIN 29 SEC W, A DIST OF 2695.64 FT TO THE NLY R/W LN OF MYAKKA-WAUCHULA RD; TH SWLY ALG SD R/W LN, THE FOLLOWING FIVE COURSES: S 87 DEG 55 MIN 52 SEC W, A DIST OF 102.50 FT; TH S 57 DEG 19 MIN 31 SEC W, A DIST OF 949.30 FT; TH S 48 DEG 58 MIN 17 SEC W, A DIST OF 789.94 FT; TH S 40 DEG 10 MIN 39 SEC W, A DIST OF 1872.97 FT; TH S 65 DEG 09 MIN 04 SEC W, A DIST OF 69.90 FT TO THE W LN OF SEC 7; TH N 00 DEG 01 MIN 09 SEC E, ALG SD W LN, A DIST OF 2531.16 FT TO THE NW COR OF SD SEC 7; TH N 00 DEG 01 MIN 09 SEC E, A DIST OF 5296.57 FT TO THE POB, LYING & BEING IN SECS 6 & 7-36-21, (1244/1981); LESS RD R/W OR 1479/2480 DESC AS FOL: AREA 2: COMA T THE SE COR OF THE SW1/4 OF SEC 6, TWN 36 S, RNG 22 E, AS SHOWN O MYAKKA CITY-WAUCHULA RD MAINTENANCE MAP AS REC IN RD PB 7 P 167-260; TH RUN S 01 DEG 04 MIN 35 SEC W, A DIST OF 160.85 FT TO A PT ON THE SLY MAINTAINED R/W LN OF MYAKKA CITY-WAUCHULA RD AS DESC ON AFORESAID MAINTENANCE MAP; TH RUN ALG SD SLY MAINTAINED R/W LN THE FOL COURSES & DISTS; S 72 DEG 17 MIN 55 SEC W, A DIST OF 134.35 FT; TH S 56 DEG 26 MIN 31 SEC W, A DIST OF 100 FT; TH S 52 DEG 45 MIN 08 SEC W, A DIST OF 862 FT; TH S 53 DEG 40 MIN 44 SEC W, A DIST OF 207.42 FT; TH LEAVING SD SLY MAINTAINED R/W LN RUN N 38 DEG 32 MIN 54 SEC W, A DIST OF 177.37 FT TO A PT ON THE NLY MAINTAINED R/W LN OF SD MYAKKA CITY-WAUCHULA RD; TH RUNALG SD NLY MAINTAINED R/W LN THE FOL COURSES & DISTS; S 51 DEG 59 MIN 04 SEC W, A DIST OF 230 FT; TH S 37 DEG 51 MIN 24 SEC W, A DIST OF 152 FT; TH S 41 DEG 38 MIN 56 SEC W, A DIST OF 252 FT; TH S 40 DEG 36 MIN 20 SEC W, A DIST OF 192 FT TO THEPOB; TH CONT S 40 DEG 36 MIN 20 SEC W, ALG SD NLY MAINTAINED R/W N A DIST OF 240 FT TO A PT; TH LEAVING SD NLY MAINTAINED R/W LN RUN N 49 DEG 23 MIN 40 SEC W, A DIST OF 8 FT TO A PT ON A LN PAR WITH THE NLY MAINTIANED R/W LN; TH RUN N 40 DEG 36 MIN 20 SEC E, ALG SD PAR LN A DIST OF 240 FT TO A PT; TH LEAVING SD PAR LN RUN S 49 DEG 23 MIN 40 SEC E, A DIST OF 8 FT TO A PT ON THE AFORESAID NLY MAINTANED R/W LN & THE POB. PI#854.1000/9 AFORESAID NLY MAINTANED R/W LN & THE POB. PI#854.1000/9.
The nature of the action is to remove clouds and defects from the legal title to the Property and to authorize the Plaintiff to sell the Property for the benefit of the bankruptcy estate and its creditors by seeking Court approval of the following actions more fully described in the Complaint:
1. A Declaratory Judgment of Alter Ego that both Lewis' 8001 [A] and Lewis' 8001 [B] (collectively, the “Corporations”) are alter egos of the Debtor and that all the Corporations' property interests, including but not limited to the Property, are property of the Bankruptcy Estate;
2. A Declaratory Judgment of Simple Title and for Reformation of Legal Description confirming that the Property is property of the Bankruptcy Estate and a determination of the Property's legal description;
3. An action to Quiet Title under F.S. § 65.081, confirming that the Bankruptcy Estate owns the Property; and
4. An Action for Authority to Sell the Property Free and Clear Pursuant to 11 U.S.C §363 (b)(f) and (h) for the benefit of the Bankruptcy Estate and its creditors.
Any party claiming interests by, through, under or against the parties named above and any party having or claiming to have any right, title or interest in the Property described herein is required to file written defenses or other response with the clerk of the court and to serve a copy no later than August 2, 2021, on the Plaintiff's attorney:
Herbert R. Donica, Esq
DONICA LAW FIRM, P.A.
238 East Davis Boulevard, Suite 209
Tampa, FL 33606
and file the original with the Clerk of this Court via the United States Bankruptcy Court for the Middle District of Florida's Case Management/Electronic Case Filing System (CM/ECF) or at the Sam M. Gibbons United States Courthouse, 801 N. Florida Ave., Suite 555, Tampa, Florida 33602 before service on Plaintiff or immediately thereafter. If you fail to do so, the Court may enter an Order(s) for the relief demanded in the Complaint.
Copies of all court documents in this case, including orders, are available at the Clerk of the Bankruptcy Court's office. You may review these documents upon request. You must keep the Clerk of the Bankruptcy Court's office notified of your current address. Future papers in this lawsuit will be mailed or emailed to the addresses on record at the Clerk's office.
Dated: June 24, 2021
CLERK OF THE UNITED STATES
BANKRUPTCY COURT
Tina Mason
Deputy Clerk
July 2, 9, 16, 23, 2021 21-00807M