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NOTICE OF HEARING
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.17-CC-021897
DIV. K
PLANTATION HOMEOWNERS, INC.
Plaintiff, vs.
KAREN A. LYNCH, JOHN DOE AND JANE DOE AND ALL OTHER PERSONS IN POSSESSION OF THE SUBJECT REAL PROPERTY WHOSE NAMES ARE UNCERTAIN,
Defendants,
PLEASE TAKE NOTICE that the undersigned attorneys have set for hearing before the Honorable Jessica Costello, on February 22, 2022 at 9:00 a.m., or as soon thereafter as can be heard, the following:
MOTION FOR SUBSTITUTION OF PARTY
RESERVED TIME: 5 MINUTES
PLEASE BE GOVERNED ACCORDINGLY.
**Zoom Access Link: https:// us02web.zoom.us/j/8659943022
Telephonic Zoom Access: (929) 205 6099 Meeting ID 865 994 3022
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,
Plantation HOA
MOTION FOR SUBSTITUTION
OF PARTY
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.17-CC-021897
DIV. K
PLANTATION HOMEOWNERS, INC.
Plaintiff, vs.
KAREN A. LYNCH, JOHN DOE AND JANE DOE AND ALL OTHER PERSONS IN POSSESSION OF THE SUBJECT REAL PROPERTY WHOSE NAMES ARE
UNCERTAIN,
Defendants,
The Plaintiff, PLANTATION HOMEOWNERS, 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 KAREN A. LYNCH, DECEASED (“BENEFICIARIES”), BY AND THROUGH ITS UNKNOWN PERSONAL REPRESENTATIVE, as a named party in this case, in place of KAREN A. LYNCH. In support of this motion Plaintiff states as follows:
1. At the time that this lawsuit was filed, it was unknown that the Defendant, KAREN A. LYNCH, was deceased.
2. Based on the Certification of Death, recently filed in this case, the Defendant, KAREN A. LYNCH, 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 KAREN A. LYNCH, DECEASED (“BENEFICIARIES”) BY AND THROUGH ITS UNKNOWN PERSONAL REPRESENTATIVE as a party Defendant for the former Defendant, KAREN A. LYNCH, for the reasons set forth above.
5. Prior to the hearing on this motion, the Plaintiff, PLANTATION HOMEOWNERS, 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 KAREN A. LYNCH, DECEASED (“BENEFICIARIES”) BY AND THROUGH ITS UNKNOWN PERSONAL REPRESENTATIVE as a party defendant in lieu of the original Defendant, KAREN A. LYNCH who is now deceased.
If you are a person with a disability who needs an accommodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete theRequest for Accommodations Formand submit to800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813) 272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
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,
Plantation HOA
Jan. 28; Feb. 4, 2022 22-00256H