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MOTION FOR SUBSTITUTION
OF PARTY
IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2020-CC-4678
OAKLEY PLACE HOMEOWNERS'
ASSOCIATION OF MANATEE
COUNTY, INC.
Plaintiff, vs.
MURRAY TAPPER, TENANT IN POSSESSION #1, TENANT IN
POSSESSION #2, AND ALL
OTHER PERSONS IN
POSSESSION OF THE SUBJECT
REAL PROPERTY WHOSE NAMES
ARE UNCERTAIN,
Defendants,
The Plaintiff, OAKLEY PLACE HOMEOWNERS' ASSOCIATION OF MANATEE COUNTY, INC., by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.260(A), moves to substitute THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MURRAY TAPER, DECEASED (“BENEFICIARIES”), by and through its unknown personal representative, as a named party in this case, in place of MURRAY TAPPER. In support of this motion Plaintiff states as follows:
1. At the time that this lawsuit was filed, it was unknown that the Defendant trustee, MURRAY TAPPER, was deceased.
2. Based on the Certification of Death, recently filed in this case, the Defendant, MURRAY TAPPER, is deceased.
3. Under Florida Rule of Civil Procedure 1.260(A), if a party dies and the claim is not thereby extinguished, the Court may order substitution of the proper parties. The Motion for Substitution may be made by any party and, together with the Notice of Hearing, shall be served on all parties as provided in Florida Rule of Civil Procedure 1.080 and upon the persons not parties in the matter provided for service of summons.
4. The Plaintiff petitions that this Court enter an Order of Substitution pursuant to Florida Rule of Civil Procedure 1.260 substituting THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MURRAY TAPER, DECEASED (“BENEFICIARIES”) as a party Defendant for the former Defendant, MURRAY TAPPER, for the reasons set forth above.
5. Prior to the hearing on this motion, the Plaintiff, OAKLEY PLACE HOMEOWNERS' ASSOCIATION OF MANATEE COUNTY, INC., will serve a Notice of Hearing and motion on all parties, as well as persons not currently parties in the matter provided for service of a summons.
Wherefore, for each and all of the foregoing reasons, the Plaintiff petitions that an order for substitution be entered substituting THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF MURRAY TAPER, DECEASED (“BENEFICIARIES”) as a party defendant in lieu of the original defendant, MURRAY TAPPER who is now deceased.
If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
FRISCIA & ROSS, P.A.
Brenton J. Ross, Esquire
5550 W. Executive Drive, Ste 250
Tampa, Florida 33609
(813) 286-0888
(813) 286-0111 (FAX)
Attorney for Plaintiff, OAKLEY PLACE
October 8, 15, 2021 21-01235M