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Filing # 66428306 E-Filed 01/11/2018 02:16:05 PM
`Filing # 66428306 E-Filed 01/11/2018 02:16:05 PM
`
`IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY, FLORIDA
`
`NORTHLAKE PARK AT LAKE NONA
`COMMUNITY ASSOCIATION,INC., a Florida
`not-for-profit corporation,
`-Plaintiff,
`
`V.
`
`FRANCISCO LUIS RODRIGUEZ
`OTERO,et.al.,
`Defendant(s).
`
`/
`
`CASE NO.: 2017-CC-013978-O
`
`MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT
`
`Plaintiff, NORTHLAKE PARK AT LAKE NONA COMMUNITY ASSOCIATION,
`
`INC., pursuant to Rule 1.500, Fla.R.Civ.P., moves for the entry of Default Final Judgment against
`
`Defendants, FRANCISCO LUIS RODRIGUEZ OTERO, LUZ ESTHER OTERO MARRERO
`
`and TENANT #1 N/K/A LUCEYDA RODRIGUEZ,(hereinafter "Defendants") and states as
`
`follows:
`
`1. The pleadings together with any affidavits filed in support of this Motion establish that
`
`there are no material questions of fact and that Plaintiffis entitled to final judgment as
`
`a matter of law. The substantial matters of law to be argued are set forth below.
`
`2. This is an action for damages andto foreclose a lien on a unit located in 10144 Figman
`
`Way, Orlando 32827.
`
`3. Defendants have failed to pay maintenance assessments andis liable to Plaintiff for
`
`the amounts set forth in the Affidavit of Indebtedness attached hereto, or is an inferior
`
`lien-holder on the property thatis the subject of the instant litigation.
`
`4. All Defendants have either been defaulted or dropped from the action.
`
`20037-010
`
`

`

`Section 8.8 of the Declaration, a copy of which was attached and marked as Exhibit
`
`"A" to the Complaint, grants Plaintiff the power and authority to foreclose its Claim of
`
`Lien.
`
`The Defendants have notpaid in full the assessments which are due and owing. This
`
`fact has brought aboutthe institution ofsuit.
`
`In the instant case, Defendants were provided with notice and an opportunity to cure
`
`the deficiencypriorto the filing of the lien. Despite the foregoing, Defendants refused
`
`and failed to make payment, thereby authorizingthefiling of a lien and theinstitution
`
`of this foreclosure action.
`
`There is no dispute that the sumsset forth in the Affidavit of Indebtedness remain due
`
`and owing.
`
`. Attached hereto in support of this Motion are an Affidavit of Indebtedness and an
`
`Affidavit of Attorneys’ Time and Costs.
`
`WHEREFORE,Plaintiff moves this Court for the entry of Default Final Judgment of
`Foreclosure against Defendants, FRANCISCO LUIS RODRIGUEZ OTERO, LUZ ESTHER
`
`OTERO MARREROand TENANT#1 N/K/A LUCEYDA RODRIGUEZ,andforall other relief
`
`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.
`
`2.516, to the addressees on the attached servicelist this \\
`day of _\
`
`GARFINKEL WHYNOT
`300 N. Maitland.Avenue
`Maitland,Florida}32751
`Tel:(407) 539-3900.a—
`
`Fax: (407) 386-4
`
`Primary é¢mail address: pleadings@mygwlaw.com
`
`20037-010
`
`

`

`SERVICE LIST
`
`Francisco Luis Rodriguez Otero
`10144 Figman Way
`Orlando, FL 32827
`
`Luz Esther Otero Marrero
`10144 Figman Way
`Orlando, FL 32827
`
`Tenant #1 n/k/a Luceyda Rodriguez.
`10144 Figman Way
`Orlando, FL 32827
`
`20037-010
`
`

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