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FINAL JUDGMENT
QUIETING TITLE IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO.: 24-005284-CI
CLEARBROOKE TOWNHOUSE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation,
Plaintiff, vs.
WILLIAM L. THORNTON and RUTH SCARDINE
Defendants.
THIS CAUSE, having come before the Court Plaintiff's Motion for Summary Judgment on the Pleadings, the Court having reviewed same, reviewed the pleadings filed herein, and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED:
1. Plaintiff, CLEARBROOKE TOWNHOUSE CONDOMINIUM ASSOCIATION, INC., is the owner in fee simple of the following property in Pinellas County, Florida.:
Apartment Unit No. 1883, Building No. 14, Clearbrooke Townhouse Condominium, Phase X, a Condominium, together with an undivided share in the common elements appurtenant thereto, according to the Declaration of Condominium, as recorded in O.R. Book 4745, Page 1041, and all its attachments and amendments, and as recorded in Condominium Plat Book 30, Page 24, Public Records of Pinellas County, Florida.
Parcel Identification Number: 29-29-16-15832-014-1883
2. Defendant, WILLIAM L. THORNTON, became the owner of the real property in a transfer from Karl Kluss and Cynthia Kluss on October 13, 1999, recorded at O.R. Book 10690, Page 2039, et seq., Public Records of Pinellas County Florida.
3. On January 17, 2012, Defendant, WILLIAM L. THORNTON and spouse, Defendant, RUTH SCARDINE, executed a Deed in Lieu of Foreclosure transferring the property from William L. Thorton and Ruth Scardine to Plaintiff Association, and is recorded at O.R. Book 17461, Page 874, et seq., Public Records of Pinellas County, Florida.
4. As of January 17, 2012, Association has exerted full legal ownership of the property including, but not limited to, possession, renting the property to others, paying the property taxes on the property, and insuring the property.
5. Association is desirous to sell the property, and during its due diligence was made aware by a title agent that the January 17, 2012 Deed in Lieu of Foreclosure is defective because the deed does not list WILLIAM L. THORNTON's marital status at the time of execution and does not contain the unit number in the legal description. Same is a cloud on title and title cannot be insured.
6. Association is the legal owner of the property for a period of 12 years and 11 months.
7. All parties that may claim an interest to the property are named parties herein. There are no other parties that have ever had a claim or interest in the property at all times relevant hereto.
8. Plaintiff's title is quieted as to any claims of Defendants, WILLIAM L. THORNTON, RUTH SCARDINE, and all others by, under and through Defendants.
9. This Court retains jurisdiction of this action to allow for any additional curative measures that may be required for the purpose of insuring title.
DONE AND ORDERED, in chambers, at Clearwater, Pinellas County, Florida on this _______ day of _____________________, 2025.
“If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.”
Electronically Conformed 2/18/2025 Patricia Muscarella
PATRICIA ANN MUSCARELLA CIRCUIT COURT JUDGE
Copies furnished to:
Stephan C. Nikoloff, Esq.
February 21, 28, 2025 25-00770N