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MOTION FOR SUBSTITUTION
OF PARTY
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 20-CC-2452
Division: M
HAWKS POINT HOMEOWNERS ASSOCATION, INC. A Florida
not-for-profit corporation,
Plaintiff, vs.
AMBER NICOLE BASS, ET AL,
Defendants.
The Plaintiff, HAWKS POINT HOMEOWNERS ASSOCIATION, 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 AMBER NICOLE BASS, DECEASED (“BENEFICIARIES”), BY AND THROUGH ITS UNKNOWN PERSONAL REPRESENTATIVE, as a named party in this case, in place of AMBER NICOLE BASS. In support of this motion Plaintiff states as follows:
1. At the time that this lawsuit was filed, it was unknown that the Defendant, AMBER NICOLE BASS, was deceased.
2. Based on the Certification of Death, recently filed in this case, the Defendant, AMBER NICOLE BASS, 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 AMBER NICOLE BASS, DECEASED (“BENEFICIARIES”) BY AND THROUGH ITS UNKNOWN PERSONAL REPRESENTATIVE as a party Defendant for the former Defendant, AMBER NICOLE BASS, for the reasons set forth above.
5. Prior to the hearing on this motion, the Plaintiff, HAWKS POINT HOMEOWNERS ASSOCIATION , INC., shall 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 AMBER NICOLE BASS, DECEASED (“BENEFICIARIES”) BY AND THROUGH ITS UNKNOWN PERSONAL REPRESENTATIVE as a party defendant in lieu of the original defendant, AMBER NICOLE BASS 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, #250
Tampa, Florida 33609
(813) 286-0888
(813) 286-0111 (FAX)
Florida Bar #12798
Attorney for Plaintiff,
Hawks Point HOA
Oct. 29; Nov. 5, 2021 21-03418H