`
`Electronically Filed 03/28/2013 04:03:58 PM ET
`
`IN THE CIRCUIT COURT OF THE
`11" JUDICIAL CIRCUIT, IN AND
`FOR MIAMI-DADE COUNTY, FLORIDA
`CIVIL DIVISION
`
`CASE NO.: 09-14920 CA 22
`
`EMC MORTGAGE CORPORATION,
`
`Plaintiff,
`
`v.
`
`DAVID BRANDWEIN, AS CO-TRUSTEE
`OF THE WEST STREET FAMILY 2 TRUST
`DATED, AUGUST15, 2005, et. al.;
`
`Defendant.
`
`/
`
`LIMITED APPEARANCE FOR MOTION FOR REHEARING
`
`COMESNOW,David Brandwein, as co-trustee of the West Street Family 2 Trust Dated, August
`15, 2005, hereinafter referred to as “Defendant,” by and through its undersigned counsel by limited
`appearance, and pursuant to Rule 1.530, Florida Rules of Civil Procedure,files this,its DEFENDANT’S
`MOTION FOR REHEARINGandstates as follows:
`
`1. This case was dismissed at Non-Jury Trial on July 24, 2012 and subsequently closed.
`On January 25, 2013, an Order of Dismissal and Release of Lis Pendenswasfiled with this Court.
`On March 21, 2013, Plaintiff filed its Ex-Parte Motion to Reinstate Case to Pending Status.
`Plaintiffs counsel has always provided notice throughoutthis action.
`
`woewo The Defendants counsel should have provided the undersigned with a notice of hearing, however,
`
`Plaintiff failed to do so.
`
`WHEREFORE,Defendants request the Honorable Court grant this motion and award the
`
`Defendants the following relief: a rehearing be granted; Plaintiff's Ex-Parte Motion to Reinstate
`
`Case to Pending Status should be vacated; award attorney’s fees and costs to Defendant and any
`
`other relief, deemed appropriate by the court.
`
`File: 09-25278 EMC
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`ITISHEREBY CERTIFIEDthatonthis‘ Cn ofMarch, 2013, acopyofthe abovewas
`
`mailed to: Yusuf Hadermate, of Kash Shuler, P.A., P.O. Box 800, 1505 N. Florida Avenue,
`
`Tampa, FL 33601. Service Email: ForeclosureService@kasslaw.com , Attorneys for Plaintiff.
`
`BARRY COHEN LAW FIRM
`9486 Harding Avenue
`Surfside, Florida 33154
`Tel: 305 861-7755
`Fax: 305 861-7738
`
`fp
`Vf a
`i
`Esq.
`Barry Cohei,
`Florida BarjNo. 475270
`
`By:
`
`File: 09-25278 EMC
`
`
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