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FINAL SUMMARY JUDGMENT QUIETING TITLE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
Case No. 23-CA-7987
PETER M. SATTLER, AS TRUSTEE OF THE PETER M. SATTLER LIVING REVOCABLE TRUST DATED APRIL 29, 2022,
Plaintiff, v.
THE ESTATE OF KAREN SALISBURY and any Unknown Party who may Claim as Heir, Devisee, Grantee, Assignee, Lienor, Creditor, Trustee, or Other Claimant, By, Through, under or against the ESTATE OF KAREN SALISBURY, and DAVID P. SALISBURY,
Defendants.
This cause having come on to be heard on January 8, 2024, pursuant to the Plaintiff, PETER M. SATTLER, AS TRUSTEE OF THE PETER M. SATTLER LIVING REVOCABLE TRUST DATED APRIL 29, 2022's (“Plaintiff”), Motion for Final Summary Judgment Quieting Title [ Doc.No. 17] (“Motion”), and the Court having considered the Court file and having heard argument by the parties present, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUGED:
FINDINGS OF FACT
1. This cause came before the Court for a duly and properly noticed hearing on January 8, 2024.
2. None of the named Defendants were present at the hearing. However, by reference to the certificate of service on the written Notice of Hearing filed November 28, 2023, copies of the Notice of Hearing were mailed to all named Defendants on Nov 28, 2023 [Doc. No. 19]. 1
1 An amended notice of hearing was filed on December 29, 2023 [Doc. No. 21] (“Amended Notice of Hearing”) to add the Plaintiff's Request for Judicial Notice filed November 21, 2023 [Doc. No. 18] to the January 8, 2024 hearing time. By reference to the certificate of service on the Amended Notice of Hearing, the Amended Notice of Hearing was also mailed to all named Defendants on the date of filing.
3. The Defendant, DAVID P. SALISBURY, was personally served with process in this action and has been defaulted by the Clerk for failure to file or serve any paper as required by law [Doc. Nos. 14 and 16].
4. This is an action filed pursuant to § 65.061, Fla. Stat. to quiet title to real property, and more specifically to cure an incomplete transfer of title, and an inadvertent omission in the instrument of title causing the incomplete transfer to the following described property lying and situate in Lee County, Florida, to wit:
Located in Section 20, Township 46, Range 24: From the Northwesterly corner of Estero Boulevard and Connecticut Street; run Northwesterly along the Easterly edge of Estero Boulevard a distance of 188 feet; thence Northeasterly and perpendicular to Estero Boulevard a distance of 100 feet to a point of beginning of lands hereby described; thence continue Northeasterly at an angle 74.47° along the Southerly edge of Mid Island Drive, a distance of 77 feet; thence Southeasterly and perpendicular to Connecticut Street a distance of 108 feet; thence Southwesterly at right angles to the aforementioned course 46 feet; thence Northwesterly 112.2 feet to the point of beginning, being Lot 21, MID ISLAND SUBDIVISION, unrecorded.
Street Address: 110 Mid Island Drive, Fort Myers Beach, Florida 33931 (“Property”).
5. Plaintiff deraigns title to the Property as follows:
a. For valuable consideration James L. Herbst and Edith M. Herbst conveyed the Property to Edward J. Hoefflinger and Adelaide Hoefflinger, as husband and wife, by warranty deed dated June 3, 1977, and recorded June 3, 1977 in O.R. Book 1203, Page 193, and re-recorded June 9, 1977 in O.R. 1204, Page 255 of the Public Records of Lee County, Florida.
b. Grantee, Adelaide Hoefflinger, died on or about March 6, 1981. Ms. Hoefflinger was survived by her husband, Edward J. Hoefflinger, as confirmed Ms. Hoefflinger's death certificate and the Affidavit of Surviving Spouse.
c. Grantee, Edward J. Hoefflinger, died on or about September 2, 1995, and the decedent's daughter and sole devisee, Karen Salisbury, was appointed personal representative of the Edward J. Hoefflinger Estate (“HOEFFLINGER ESTATE”).
d. For the reported consideration of $130,000.00, Karen Salisbury, as personal representative for HOEFFLINGER ESTATE, conveyed the Property to Peter M. Sattler, by Personal Representative's Warranty Deed, dated November 30, 1995, and recorded in O.R. Book 661, Page 931 of the Public Records of Collier County, Florida (“Salisbury Deed”).
e. Plaintiff holds title to the Property by virtue of a quitclaim deed dated April 29, 2022 from Peter M. Sattler (“SATTLER”), individually to the Plaintiff, which was recorded June 28, 2022, at Instrument Number 2022000214207, of the Public Records of Lee County, Florida (“Sattler Deed”).
6. There exists a defect and omission in the Salisbury Deed, whereby the grantor was identified only as Karen Salisbury, in her capacity as personal representative for the HOEFFLINGER ESTATE, and not individually. Thus, any interest Karen Salisbury, may have acquired in the Property from the HOEFFLINGER ESTATE in her individual capacity as the sole devisee of the HOEFFLINGER ESTATE, was inadvertently not conveyed to SATTLER.
7. By virtue of the incomplete transfer of title to the Property from the HOEFFLINGER ESTATE and Karen Salisbury, individually, there exists a cloud on title to the Property.
8. As it was the original intent of Karen Salisbury to transfer title to the Property without such cloud, any potential interest in the Property Karen Salisbury inadvertently retained individually is inferior to the claims of the Plaintiff, TRUST.
9. Karen Salisbury is deceased, with no known heirs, devisees, or beneficiaries, except her surviving spouse Defendant, DAVID P. SALISBURY.
10. The nature of the Salisbury Deed as a warranty deed and chain of title outlined above confirms that Plaintiff, is entitled to have fee simple title to the Property free of any claim or cloud of Defendants, THE ESTATE OF KAREN SALISBURY (“SALISBURY ESTATE”) and DAVID P. SALISBURY.
11. By Order of this Court entered July 6, 2023, attorney Patrick H. Neale, was appointed attorney ad litem for the unknown heirs, creditors, devisees and all other persons claiming interest, by, through under or against Defendant, SALISBURY ESTATE [Doc. No. 6].
12. In his capacity as attorney ad litem Mr. Neale has filed inter alia an Answer to the Complaint, an Affidavit of Diligent Search and Inquiry, and an Attorney Ad Litem Report [Doc. Nos. 8, 20 and 23].
13. The Answer filed by the attorney ad litem interposed no substantive defenses or affirmative defenses to the Complaint.
14. In the Affidavit of Diligent Search and Inquiry filed by the attorney ad litem, the attorney ad litem identified four (4) other potential relatives of the decedent, Karen Salisbury, and represented that on August 8, 2023 he mailed notices of this action to each of them at their last known address.
15. Additionally, the Attorney Ad Litem Report confirms the attorney ad litem published notice of this action in the Business Observer on October 13, 2023 and October 20, 2023.
16. As of the date of the Attorney Ad Litem Report (January 4, 2024), none of the four (4) potential other relatives of Karen Salisbury served with notice of this action by the attorney ad litem had responded to the notices, and as of the date of this hearing (January 8, 2024), no one not a party to this action has filed any paper with the Clerk.
13. The Plaintiff is the legal owner of the Property in fee simple absolute.
14. Pursuant to the Request for Judicial Notice filed November 21, 2023, judicial notice is taken of all documents attached thereto as exhibits.
CONCLUSIONS OF LAW
Based upon the above-stated Findings of Fact the Court renders the following Conclusions of Law, it being further ORDERED AND ADJUDGED:
A. The Plaintiff, PETER M. SATTLER, AS TRUSTEE OF THE PETER M. SATTLER LIVING REVOCABLE TRUST DATED APRIL 29, 2022's (“Plaintiff') Motion for Final Summary Judgment Quieting title is GRANTED.
B. The Plaintiff owns and holds good and valid title to the Property and title to the Property is forever quieted in favor of the Plaintiff, and against all Defendants named in this action.
C. THE ESTATE OF KAREN SALISBURY and any Unknown Party who may Claim as Heir, Devisee, Grantee, Assignee, Lienor, Creditor, Trustee, or Other Claimant, by, through, under or against the ESTATE OF KAREN SALISBURY, and DAVID P. SALISBURY (“Defendants”) have no right, title or interest to the Property, and title to the Property is forever quieted against them.
D. At the Plaintiff's earliest opportunity the Plaintiff shall publish entry of this this Judgment for two (2) consecutive weeks in a newspaper of general circulation, which necessarily includes the Business Observer.
DONE AND ORDERED in the Lee County, Florida.
K.R. Kyle
eSigned by Keith Kyle
01/11/2024 14:47:55 4Y+qCN8A
Electronic Service List
Jeffrey S Bluestein Esq
Jeffrey S Bluestein Esq
Jeffrey S Bluestein Esq
Patrick H. Neale
Patrick H. Neale
Patrick H. Neale
Patrick H. Neale
Patrick H. Neale
Patrick H. Neale
Via U.S. Mail:
David P. Salisbury, 1949 Hill Road, Gloucester Point, VA 23061
January 19, 26, 2024 24-00183L