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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY
FIRST LIDO CONDOMINIUM, INC.,
A Florida not-for-profit corporation,
Plaintiffs,
VS.
CLO-ANN GARRISON and
BANK OF AMERICA, NA,
Defendants,
Case No.: 2014-CA-004931-NC
A PME TA Etta HRN MennARM Mime e dae HE Re SY IIE aH NE MAIN mete MIAH Hw Roy RRR AR ARRLAAHLL HAMA NAMA RY SOR! SO RD RIGS > ih LRRAASLSULIPENLAN KN AAMERAInanevanenne
COUNSEL AND/OR REQUEST FOR 120 DAYS JUDICAL SALE DATE
COMES NOW the Defendant, CLO ANN GARRISON, Pro Se, file this Motion in response to
Plaintiffs Motion and as grounds therefore state(s):
1)Defendant became aware that her attorney would not attend the UMC event, scheduled for May 3],
2017 at 9:00 a.m., on May 30, 2017.
2)The Defendant has not had a reasonable amount of time to find a new attorney to attend the May 31,
2017 Court event or to address the many issues between the parties, including the amount of judgment
and reasonable attorney fees.
3)The Defendant will be unrepresented at the May 31, 2017 UMC hearing and this creates an inherent
injustice that the Defendant could not have reasonably planned for.
4)The Plaintiff's Certificate of Service for the May 31, 2017 hearing, Plaintiffs Motion to Reset
Foreclosure Sale, and Notice of Filing Order Approving Account et al was directed to the
Defendant’s attorney, but to the wrong email address and therefore defective. Alan Borden, Esq.
email address is aborden@lawborden.com and the Plaintiff incorrectly sent those documents to
1]5)Defendant, Bank of America, NA, has not been furnished service on any of the notices by the Plaintiff
related to the May 31, 2017 hearing.
6) The Defendant is 87 years old, handicapped, and experiencing significant health issues and would
otherwise personally attend the May 31, 2017 UMC hearing, but a previously scheduled mandatory
medical appointment was scheduled in late April 2017 for May 31, 2017.
7) The Defendant has never been afforded mediation to facilitate communication and resolve the disputes
between the parties.
8)The Defendant requests the May 31, 2017 hearing to be continued for 30 days to allow time for her to
hire a new attorney and represent her interests to resolve any outstanding issues with the Plaintiff and
represent her interests before this court.
REQUEST FOR 120 DAYS FOR JUDICIAL SALE
9)The Defendant is enrolled in the Florida ELMORE Program and this program will pay the amounts due
to the Plaintiff. (http://www. floridaelmore.org)
10) | The ELMORE Program requires additional time to finalize and fund the payoff to the Plaintiff and
was on hold due to the Defendant's bankruptcy status.
1!) The Defendant is timely making all regular assessment payments and the additional time to allow
the Defendant to save her home is in the best interest for both parties.
12) Allowing 120 days for a judicial sale will not harm the Plaintiff S interests.
13) The subject property has a reverse mortgage with a balance that far exceeds the property value,
Unless the Defendant arranges payment, through ELMORE, to satisfy the claim; the Association
membership will be significantly damaged since the primary lender can take the property without
2
Filed 05/30/2017 04:31 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLconcern of payment of the association’s claims if the property foreclosure occurs.
14) Allowing reasonable time to allow the ELMORE Program to proceed is in the best interests of all
parties.
WHEREFORE, Defendant respectfully request the Court to reschedule the Plaintiff's hearing on the
matters before this court for a reasonable time for the Defendant to hire new legal counsel or in the
alternative to schedule the judicial sale for 120 days to allow the Defendant time to communicate with the
Plaintiff on the amounts and finalize the ELMORE program to satisfy the Plaintiffs Claims and further
relief as this Court deems just and proper.
Drive, #304-A
Sarasota, FL 34236
Cloann1@comcast.net
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this 30"
day of May 2017 to Joseph A. Gugino, Law Offices of Wells / Olah VIA EMAIL
(jgugino@kevinwellspa.com and socd@kevinwellspa.com) and the Honorable Andrea McHugh via
Judicial Assistant Carol Ambrozic (Fax 941.861.7920)
-O
a
Clo ison, Pro Se
Filed 05/30/2017 04:31 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY FIRST LIDO CONDOMINIUM, INC., A Florida not-for-profit corporation, Plaintiffs, VS. CLO-ANN GARRISON and BANK OF AMERICA, NA, Defendants, Case No.: 2014-CA-004931-NC A PME TA Etta HRN MennARM Mime e dae HE Re SY IIE aH NE MAIN mete MIAH Hw Roy RRR AR ARRLAAHLL HAMA NAMA RY SOR! SO RD RIGS > ih LRRAASLSULIPENLAN KN AAMERAInanevanenne COUNSEL AND/OR REQUEST FOR 120 DAYS JUDICAL SALE DATE COMES NOW the Defendant, CLO ANN GARRISON, Pro Se, file this Motion in response to Plaintiffs Motion and as grounds therefore state(s): 1)Defendant became aware that her attorney would not attend the UMC event, scheduled for May 3], 2017 at 9:00 a.m., on May 30, 2017. 2)The Defendant has not had a reasonable amount of time to find a new attorney to attend the May 31, 2017 Court event or to address the many issues between the parties, including the amount of judgment and reasonable attorney fees. 3)The Defendant will be unrepresented at the May 31, 2017 UMC hearing and this creates an inherent injustice that the Defendant could not have reasonably planned for. 4)The Plaintiff's Certificate of Service for the May 31, 2017 hearing, Plaintiffs Motion to Reset Foreclosure Sale, and Notice of Filing Order Approving Account et al was directed to the Defendant’s attorney, but to the wrong email address and therefore defective. Alan Borden, Esq. email address is aborden@lawborden.com and the Plaintiff incorrectly sent those documents to 1]5)Defendant, Bank of America, NA, has not been furnished service on any of the notices by the Plaintiff related to the May 31, 2017 hearing. 6) The Defendant is 87 years old, handicapped, and experiencing significant health issues and would otherwise personally attend the May 31, 2017 UMC hearing, but a previously scheduled mandatory medical appointment was scheduled in late April 2017 for May 31, 2017. 7) The Defendant has never been afforded mediation to facilitate communication and resolve the disputes between the parties. 8)The Defendant requests the May 31, 2017 hearing to be continued for 30 days to allow time for her to hire a new attorney and represent her interests to resolve any outstanding issues with the Plaintiff and represent her interests before this court. REQUEST FOR 120 DAYS FOR JUDICIAL SALE 9)The Defendant is enrolled in the Florida ELMORE Program and this program will pay the amounts due to the Plaintiff. (http://www. floridaelmore.org) 10) | The ELMORE Program requires additional time to finalize and fund the payoff to the Plaintiff and was on hold due to the Defendant's bankruptcy status. 1!) The Defendant is timely making all regular assessment payments and the additional time to allow the Defendant to save her home is in the best interest for both parties. 12) Allowing 120 days for a judicial sale will not harm the Plaintiff S interests. 13) The subject property has a reverse mortgage with a balance that far exceeds the property value, Unless the Defendant arranges payment, through ELMORE, to satisfy the claim; the Association membership will be significantly damaged since the primary lender can take the property without 2 Filed 05/30/2017 04:31 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLconcern of payment of the association’s claims if the property foreclosure occurs. 14) Allowing reasonable time to allow the ELMORE Program to proceed is in the best interests of all parties. WHEREFORE, Defendant respectfully request the Court to reschedule the Plaintiff's hearing on the matters before this court for a reasonable time for the Defendant to hire new legal counsel or in the alternative to schedule the judicial sale for 120 days to allow the Defendant time to communicate with the Plaintiff on the amounts and finalize the ELMORE program to satisfy the Plaintiffs Claims and further relief as this Court deems just and proper. Drive, #304-A Sarasota, FL 34236 Cloann1@comcast.net CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished this 30" day of May 2017 to Joseph A. Gugino, Law Offices of Wells / Olah VIA EMAIL (jgugino@kevinwellspa.com and socd@kevinwellspa.com) and the Honorable Andrea McHugh via Judicial Assistant Carol Ambrozic (Fax 941.861.7920) -O a Clo ison, Pro Se Filed 05/30/2017 04:31 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL