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Filing # 84369776 E-Filed 02/04/2019 02:35:05 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
FIRST LIDO CONDOMINIUM, INC.,
A Florida not-for-profit corporation,
Plaintiffs, CASE NO.: 2014-CA-004931-NC
VS.
CLO-ANN GARRISON and
BANK OF AMERICA, NA,
Defendants.
/
MOTION TO ORDER UNIT OWNER TO PAY REASONABLE
RENTAL FOR THE UNIT OR APPOINT A RECEIVER
COMES NOW, Plaintiff, First Lido Condominium, Inc. (the “Association’”), by and
through its undersigned counsel pursuant to Section 718.116 (6) (c) Florida Statutes, and moves
this Honorable Court to order Clo-Ann Garrison, the Unit Owner of the subject property to pay a
reasonable rental for the unit or appoint a receiver to collect the rent and, in support, states as
follows:
Background Facts. Defendant, Clo-Ann Garrison acquired title to Unit 304, ARLINGTON
HOUSE OF LIDO HARBOUR, a Condominium, according to the Declaration of Condominium
recorded in O.R. Book 661, Pages 86 through 113 and amendments thereto, and as per plat thereof
recorded in Condominium Book 2, Pages 12 and 12A, of the Public Records of Sarasota County,
Florida, by virtue of a warranty deed dated October 15, 1999 and recorded in the Official Records
of Sarasota County, Florida at Instrument #1999139871 on October 18, 1999. The Unit is
hereafter referred to as "Unit 304 A"
Filed 02/04/2019 03:09 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLThe Instant Action. First Lido Condominium, Inc. commenced the instant foreclosure
action against Unit 304 A, on August 22, 2014. A summary final judgment of foreclosure was
entered on March 31, 2015. The property has been set for judicial sale on six previous occasions,
to wit: May 5, 2015, March 29, 2016, July 6, 2017, October 4, 2017, April 11, 2018 and October
3, 2018. Each sale has been canceled due to the Defendant filing some form of a suggestion of
bankruptcy. The Foreclosure sale was finally held December 12, 2018, and the Certificate of Sale
was issued on December 12, 2018. The Defendant, Clo-Ann Garrison and/or her selected
occupants continue to occupy the subject unit.
The Basis for this Motion. Section 718.116(6)(c), Florida Statutes, allows this Honorable
Court to require the Unit owner, Clo-Ann Garrison to pay a reasonable rent while in possession of
Unit 304 A, ARLINGTON HOUSE OF LIDO HARBOUR, a Condominium, after a foreclosure
judgment has been entered as follows:
(c) Ifthe unit owner remains in possession of the unit after a foreclosure judgment
has been entered, the court, in its discretion, may require the unit owner to pay a
reasonable rental for the unit. If the unit is rented or leased during the pendency of
the foreclosure action, the association is entitled to the appointment of a receiver
to collect the rent. The expenses of the receiver shall be paid by the party which
does not prevail in the foreclosure action.
In the instant action, a foreclosure judgment was entered over three and a half years ago.
The unit owner, Clo-Ann Garrison has remained in possession during that time while continuing
to be in default of her obligations to pay assessments to the Association, to wit, the Unit Owner
not paid, nor has any other party paid the monthly maintenance assessments since before December
2013, nor the special assessments.
The Requested Relief. Based upon the foregoing, the Association requests that this
Honorable Court grant the foregoing and enter an Order requiring the Clo-Ann Garrison to pay a
reasonable rent to the Association until a certificate of title is issued in the instant action.
2Alternatively, the Association requests that this Honorable Court appoint a Receiver to collect
rents from the occupants of Unit 304 A as described in Section 718.116(6)(c), Florida Statutes.
CERTIFICATE OF SERVICE
I hereby certify a copy of the forego ing has been furnished by electronic service through the
E-Filing Portal and/or U.S. Mail to: Clo-Ann Garrison Via E-F iling Portal to cloannli@comeastnet:
Via US Mail and/or email to Garet and Sarah Clark, Third Party Purchaser, 61% 1 bev esta Loop,
Palmetto, FL 34221 clarkS1884a@yahoo.com on this: gy day of February, 2019
LAW OF FICES OF WELLS | OLAH, P.A.
1800 ) Second street Suite 808
Sarasota, Florida 34236
(941) 366-9191 (Telephone)
(941) 366-9292 (F acsimile)
Primary email: jeuginodkevinwellspa. com
Secondary email: soci kevinwellspa. com
Attorneys for Plai ntiff, First Lido’ Condominium, Inc.
tad
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Filing # 84369776 E-Filed 02/04/2019 02:35:05 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION FIRST LIDO CONDOMINIUM, INC., A Florida not-for-profit corporation, Plaintiffs, CASE NO.: 2014-CA-004931-NC VS. CLO-ANN GARRISON and BANK OF AMERICA, NA, Defendants. / MOTION TO ORDER UNIT OWNER TO PAY REASONABLE RENTAL FOR THE UNIT OR APPOINT A RECEIVER COMES NOW, Plaintiff, First Lido Condominium, Inc. (the “Association’”), by and through its undersigned counsel pursuant to Section 718.116 (6) (c) Florida Statutes, and moves this Honorable Court to order Clo-Ann Garrison, the Unit Owner of the subject property to pay a reasonable rental for the unit or appoint a receiver to collect the rent and, in support, states as follows: Background Facts. Defendant, Clo-Ann Garrison acquired title to Unit 304, ARLINGTON HOUSE OF LIDO HARBOUR, a Condominium, according to the Declaration of Condominium recorded in O.R. Book 661, Pages 86 through 113 and amendments thereto, and as per plat thereof recorded in Condominium Book 2, Pages 12 and 12A, of the Public Records of Sarasota County, Florida, by virtue of a warranty deed dated October 15, 1999 and recorded in the Official Records of Sarasota County, Florida at Instrument #1999139871 on October 18, 1999. The Unit is hereafter referred to as "Unit 304 A" Filed 02/04/2019 03:09 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLThe Instant Action. First Lido Condominium, Inc. commenced the instant foreclosure action against Unit 304 A, on August 22, 2014. A summary final judgment of foreclosure was entered on March 31, 2015. The property has been set for judicial sale on six previous occasions, to wit: May 5, 2015, March 29, 2016, July 6, 2017, October 4, 2017, April 11, 2018 and October 3, 2018. Each sale has been canceled due to the Defendant filing some form of a suggestion of bankruptcy. The Foreclosure sale was finally held December 12, 2018, and the Certificate of Sale was issued on December 12, 2018. The Defendant, Clo-Ann Garrison and/or her selected occupants continue to occupy the subject unit. The Basis for this Motion. Section 718.116(6)(c), Florida Statutes, allows this Honorable Court to require the Unit owner, Clo-Ann Garrison to pay a reasonable rent while in possession of Unit 304 A, ARLINGTON HOUSE OF LIDO HARBOUR, a Condominium, after a foreclosure judgment has been entered as follows: (c) Ifthe unit owner remains in possession of the unit after a foreclosure judgment has been entered, the court, in its discretion, may require the unit owner to pay a reasonable rental for the unit. If the unit is rented or leased during the pendency of the foreclosure action, the association is entitled to the appointment of a receiver to collect the rent. The expenses of the receiver shall be paid by the party which does not prevail in the foreclosure action. In the instant action, a foreclosure judgment was entered over three and a half years ago. The unit owner, Clo-Ann Garrison has remained in possession during that time while continuing to be in default of her obligations to pay assessments to the Association, to wit, the Unit Owner not paid, nor has any other party paid the monthly maintenance assessments since before December 2013, nor the special assessments. The Requested Relief. Based upon the foregoing, the Association requests that this Honorable Court grant the foregoing and enter an Order requiring the Clo-Ann Garrison to pay a reasonable rent to the Association until a certificate of title is issued in the instant action. 2Alternatively, the Association requests that this Honorable Court appoint a Receiver to collect rents from the occupants of Unit 304 A as described in Section 718.116(6)(c), Florida Statutes. CERTIFICATE OF SERVICE I hereby certify a copy of the forego ing has been furnished by electronic service through the E-Filing Portal and/or U.S. Mail to: Clo-Ann Garrison Via E-F iling Portal to cloannli@comeastnet: Via US Mail and/or email to Garet and Sarah Clark, Third Party Purchaser, 61% 1 bev esta Loop, Palmetto, FL 34221 clarkS1884a@yahoo.com on this: gy day of February, 2019 LAW OF FICES OF WELLS | OLAH, P.A. 1800 ) Second street Suite 808 Sarasota, Florida 34236 (941) 366-9191 (Telephone) (941) 366-9292 (F acsimile) Primary email: jeuginodkevinwellspa. com Secondary email: soci kevinwellspa. com Attorneys for Plai ntiff, First Lido’ Condominium, Inc. tad