`Filing # 66428306 E-Filed 01/11/2018 02:16:05 PM
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`IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY, FLORIDA
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`NORTHLAKE PARK AT LAKE NONA
`COMMUNITY ASSOCIATION,INC., a Florida
`not-for-profit corporation,
`-Plaintiff,
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`V.
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`FRANCISCO LUIS RODRIGUEZ
`OTERO,et.al.,
`Defendant(s).
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`/
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`CASE NO.: 2017-CC-013978-O
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`MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT
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`Plaintiff, NORTHLAKE PARK AT LAKE NONA COMMUNITY ASSOCIATION,
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`INC., pursuant to Rule 1.500, Fla.R.Civ.P., moves for the entry of Default Final Judgment against
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`Defendants, FRANCISCO LUIS RODRIGUEZ OTERO, LUZ ESTHER OTERO MARRERO
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`and TENANT #1 N/K/A LUCEYDA RODRIGUEZ,(hereinafter "Defendants") and states as
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`follows:
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`1. The pleadings together with any affidavits filed in support of this Motion establish that
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`there are no material questions of fact and that Plaintiffis entitled to final judgment as
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`a matter of law. The substantial matters of law to be argued are set forth below.
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`2. This is an action for damages andto foreclose a lien on a unit located in 10144 Figman
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`Way, Orlando 32827.
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`3. Defendants have failed to pay maintenance assessments andis liable to Plaintiff for
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`the amounts set forth in the Affidavit of Indebtedness attached hereto, or is an inferior
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`lien-holder on the property thatis the subject of the instant litigation.
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`4. All Defendants have either been defaulted or dropped from the action.
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`20037-010
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`Section 8.8 of the Declaration, a copy of which was attached and marked as Exhibit
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`"A" to the Complaint, grants Plaintiff the power and authority to foreclose its Claim of
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`Lien.
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`The Defendants have notpaid in full the assessments which are due and owing. This
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`fact has brought aboutthe institution ofsuit.
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`In the instant case, Defendants were provided with notice and an opportunity to cure
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`the deficiencypriorto the filing of the lien. Despite the foregoing, Defendants refused
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`and failed to make payment, thereby authorizingthefiling of a lien and theinstitution
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`of this foreclosure action.
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`There is no dispute that the sumsset forth in the Affidavit of Indebtedness remain due
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`and owing.
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`. Attached hereto in support of this Motion are an Affidavit of Indebtedness and an
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`Affidavit of Attorneys’ Time and Costs.
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`WHEREFORE,Plaintiff moves this Court for the entry of Default Final Judgment of
`Foreclosure against Defendants, FRANCISCO LUIS RODRIGUEZ OTERO, LUZ ESTHER
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`OTERO MARREROand TENANT#1 N/K/A LUCEYDA RODRIGUEZ,andforall other relief
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`this Court deems appropriate, including an award of attorneys fees and costs.
`I CERTIFY that a copy hereofhas been furnished, pursuanttoFla. R. JJud.1. Admin.
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`2.516, to the addressees on the attached servicelist this \\
`day of _\
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`GARFINKEL WHYNOT
`300 N. Maitland.Avenue
`Maitland,Florida}32751
`Tel:(407) 539-3900.a—
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`Fax: (407) 386-4
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`Primary é¢mail address: pleadings@mygwlaw.com
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`20037-010
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`SERVICE LIST
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`Francisco Luis Rodriguez Otero
`10144 Figman Way
`Orlando, FL 32827
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`Luz Esther Otero Marrero
`10144 Figman Way
`Orlando, FL 32827
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`Tenant #1 n/k/a Luceyda Rodriguez.
`10144 Figman Way
`Orlando, FL 32827
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`20037-010
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