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Filing # 93316242 E-Filed 07/29/2019 02:58:59 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BMC EAST, LLC, a foreign limited liability
company,
Plaintiff,
v. Case No. 19-CA-1863
NAPLES MEMORY CARE, LLC, et al.,
Defendant.
DEFENDANT CAPITAL CENTER LAND CONDOMINIUM ASSOCIATION, INC.’S
MOTION TO DISMISS DEFENDANT BINK, INC.’S CROSSCLAIM
Defendant, Capital Center Land Condominium Association, Inc. (“Capital Center’), by
and through undersigned counsel, hereby moves this Court for an order dismissing Defendant,
Bink, Inc.’s (“Bink”) Crossclaim, and in support thereof states as follows:
I. INTRODUCTION
1. Plaintiff filed its Complaint to Foreclose Construction Lien on May 7, 2019.
2. Capital Center was served on May 14, 2019.
3. Plaintiff filed its Amended Complaint on May 17, 2019.
4. Default against Capital Center was entered on July 3, 2019, and later vacated on
July 18, 2019.
5. Bink filed its Crossclaim to Foreclose Construction Lien on July 8, 2019.
6. Capital Center’s response is due by July 29, 2019.
Il. ARGUMENT
7. Bink seeks to foreclose a construction lien recorded against the property subject
of Plaintiff's Amended Complaint (the “Subject Property”).
8. Bink alleges that:
CCLA may claim some right, title or interest in or to the Property
sought to be foreclosed upon herein based that certain
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/29/2019 02:58:59 PMDeclaration of Condominium recorded in Official Records Book
4195, Beginning at Page 2390, in the Official Records of Collier
Count, but any such interest is inferior and subordinate to lien of
Bink sought to be foreclosed herein.
See { 19 of Bink’s Crossclaim and Counterclaim.
9. Capital Center denies that allegation based upon § 718.116(5)(a), which states
as follows:
The association has a lien on each condominium parcel to secure
the payment of assessments. Except as otherwise provided in
subsection (1) and as set forth below, the lien is effective from and
shall relate back to the recording of the original declaration of
condominium, or, in the case of lien on a parcel located in a phase
condominium, the last to occur of the recording of the original
declaration or amendment thereto creating the parcel.
10. Capital Center’s Declaration of Condominium, recorded at Official Records Book
4195, Page 2390, in the Public Records of Collier County, Florida, was recorded on March 12,
2007.
11. Pursuant to Florida Law, Capital Center’s lien against the subject property is
superior in interest to that of Bink, and Capital Center is not a proper party to the instant action.
12. Therefore, Bink’s claims against Capital Center should be dismissed with
prejudice.
WHEREFORE, Defendant, Capital Center Land Condominium Association, Inc.,
respectfully requests the entry of an order dismissing Bink’s Crossclaim against Capital Center
and for such other relief as the Court deems appropriate.
Respectfully submitted on July 29, 2019.THE BOATMAN LAW FIRM, P.A.
By: _s/_ Ernest A. Ricci
James A. Boatman, Jr., Esq.
Fla. Bar No. 130184 — jab@boatman-law.com
Ernest A. Ricci, Esq.
Fla. Bar No. 100584 — ear@boatman-law.com
Stephen C. Schahrer, Esq.
Fla. Bar No. 1010415 — ss@boatman-law.com
3021 Airport-Pulling Rd. N., Suite 202
Naples, Florida 34105
Primary Email: CourtFilings@boatman-law.com
(239) 330-1494 — Telephone
Attorneys for Capital Center Land
Condominium Association, Inc.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss has
been furnished by electronic mail to:
Robert Joseph Dill
Tritt & Associates, P.A.
707 Peninsular PI
Jacksonville, FL 32204
joe.dill@atritt.com
Steven F. Thompson, Esq.
Thompson Commercial Law Group
412 E. Madison St., Ste 900
Tampa, FL 33602
sthompson@thompsoncig.com
service@thompsonclig.com
Jason L. Margolin, Esq.
Akerman LLP
401 E. Jackson St, Ste 1700
Tampa, Florida 33602
judy.barton@akerman.com
on July 29, 2019.
THE BOATMAN LAW FIRM, P.A.
By: _s/ Ernest A. Ricci
Ernest A. Ricci, Esq.
Fla. Bar No. 100584 — ear@boatman-law.com
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Filing # 93316242 E-Filed 07/29/2019 02:58:59 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BMC EAST, LLC, a foreign limited liability company, Plaintiff, v. Case No. 19-CA-1863 NAPLES MEMORY CARE, LLC, et al., Defendant. DEFENDANT CAPITAL CENTER LAND CONDOMINIUM ASSOCIATION, INC.’S MOTION TO DISMISS DEFENDANT BINK, INC.’S CROSSCLAIM Defendant, Capital Center Land Condominium Association, Inc. (“Capital Center’), by and through undersigned counsel, hereby moves this Court for an order dismissing Defendant, Bink, Inc.’s (“Bink”) Crossclaim, and in support thereof states as follows: I. INTRODUCTION 1. Plaintiff filed its Complaint to Foreclose Construction Lien on May 7, 2019. 2. Capital Center was served on May 14, 2019. 3. Plaintiff filed its Amended Complaint on May 17, 2019. 4. Default against Capital Center was entered on July 3, 2019, and later vacated on July 18, 2019. 5. Bink filed its Crossclaim to Foreclose Construction Lien on July 8, 2019. 6. Capital Center’s response is due by July 29, 2019. Il. ARGUMENT 7. Bink seeks to foreclose a construction lien recorded against the property subject of Plaintiff's Amended Complaint (the “Subject Property”). 8. Bink alleges that: CCLA may claim some right, title or interest in or to the Property sought to be foreclosed upon herein based that certain FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/29/2019 02:58:59 PMDeclaration of Condominium recorded in Official Records Book 4195, Beginning at Page 2390, in the Official Records of Collier Count, but any such interest is inferior and subordinate to lien of Bink sought to be foreclosed herein. See { 19 of Bink’s Crossclaim and Counterclaim. 9. Capital Center denies that allegation based upon § 718.116(5)(a), which states as follows: The association has a lien on each condominium parcel to secure the payment of assessments. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. 10. Capital Center’s Declaration of Condominium, recorded at Official Records Book 4195, Page 2390, in the Public Records of Collier County, Florida, was recorded on March 12, 2007. 11. Pursuant to Florida Law, Capital Center’s lien against the subject property is superior in interest to that of Bink, and Capital Center is not a proper party to the instant action. 12. Therefore, Bink’s claims against Capital Center should be dismissed with prejudice. WHEREFORE, Defendant, Capital Center Land Condominium Association, Inc., respectfully requests the entry of an order dismissing Bink’s Crossclaim against Capital Center and for such other relief as the Court deems appropriate. Respectfully submitted on July 29, 2019.THE BOATMAN LAW FIRM, P.A. By: _s/_ Ernest A. Ricci James A. Boatman, Jr., Esq. Fla. Bar No. 130184 — jab@boatman-law.com Ernest A. Ricci, Esq. Fla. Bar No. 100584 — ear@boatman-law.com Stephen C. Schahrer, Esq. Fla. Bar No. 1010415 — ss@boatman-law.com 3021 Airport-Pulling Rd. N., Suite 202 Naples, Florida 34105 Primary Email: CourtFilings@boatman-law.com (239) 330-1494 — Telephone Attorneys for Capital Center Land Condominium Association, Inc. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss has been furnished by electronic mail to: Robert Joseph Dill Tritt & Associates, P.A. 707 Peninsular PI Jacksonville, FL 32204 joe.dill@atritt.com Steven F. Thompson, Esq. Thompson Commercial Law Group 412 E. Madison St., Ste 900 Tampa, FL 33602 sthompson@thompsoncig.com service@thompsonclig.com Jason L. Margolin, Esq. Akerman LLP 401 E. Jackson St, Ste 1700 Tampa, Florida 33602 judy.barton@akerman.com on July 29, 2019. THE BOATMAN LAW FIRM, P.A. By: _s/ Ernest A. Ricci Ernest A. Ricci, Esq. Fla. Bar No. 100584 — ear@boatman-law.com