On February 14, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
U S Bank Trust N A,
and
Baker, Leroy,
The Enclave At Richmond Place Condominium Association Inc,
Unknown Tenants,
for Civil
in the District Court of Hillsborough County.
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Filing #75291800 E-Filed 07/20/2018 03:26:19 PM
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT, IN
AND FOR HILLSBOROUGH
COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
Case NO.: 18-CA-001435
U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF8 MASTER PARTICIPATION TRUST
Plaintiff,
Vv.
THE ENCLAVE AT RICHMOND PLACE
CONDOMINIUM ASSOCIATION, INC, et al
Defendant(s) /
MOTION FOR LEAVE TO AMEND COMPLAINT
Plaintiff, U.S. BANK TRUST, N.A.. AS TRUSTEE FOR LSF8 MASTER
PARTICIPATION TRUST, by and through its undersigned counsel and pursuant to Rule 1.190 of
the Florida Rules of Civil Procedure, files its Motion for Leave to Amend Complaint, and in
support thereof states:
1 The Original Complaint was filed in this cause on or about February 14, 2018.
2. Subsequent to the filing of said Complaint, Plaintiff has discovered the need to add
and to correctly allege the owner of the subject property.
3 Said property is now owned by Defendant, C THE ENCLAVE AT RICHMOND
PLACE CONDOMINIUM ASSOCIATION, INC by virtue of that certain Certificate of Title,
recorded on January 22, 2018 in Official Records Book 25508, Page 1765 in the Public Records of
LAKE County, Florida.
4 The proposed Amended Complaint will not prejudice the rights of any party to this
cause.
PH # 86746
7/20/2018 3:26 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1
WHEREFORE, Plaintiff, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8
MASTER PARTICIPATION TRUST, respectfully requests this Court to enter an Order granting
the Plaintiff leave to file an Amended Complaint, and providing the newly added Defendant(s)
twenty (20) days after service of the Complaint to respond. Those Defendants who were previously
defaulted or have filed an answer to the Original Complaint shall stand as entered. .
Phelan Hallinan Diamond & Jones, PLLC
Attorneys for Plaintiff
2001 NW 64th Street
Suite 100
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email: FL.Service@PhelanHallinan.com
By: /s/ Luiz Brito
Phelan Hallinan Diamond & Jones, PLLC
Luiz Brito, Esq., Florida Bar No. 1002280
Emilio R. Lenzi, Esq., Florida Bar No. 0668273
PH # 86746
7/20/2018 3:26 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2
Document Filed Date
July 20, 2018
Case Filing Date
February 14, 2018
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Filing #75291800 E-Filed 07/20/2018 03:26:19 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION Case NO.: 18-CA-001435 U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST Plaintiff, Vv. THE ENCLAVE AT RICHMOND PLACE CONDOMINIUM ASSOCIATION, INC, et al Defendant(s) / MOTION FOR LEAVE TO AMEND COMPLAINT Plaintiff, U.S. BANK TRUST, N.A.. AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST, by and through its undersigned counsel and pursuant to Rule 1.190 of the Florida Rules of Civil Procedure, files its Motion for Leave to Amend Complaint, and in support thereof states: 1 The Original Complaint was filed in this cause on or about February 14, 2018. 2. Subsequent to the filing of said Complaint, Plaintiff has discovered the need to add and to correctly allege the owner of the subject property. 3 Said property is now owned by Defendant, C THE ENCLAVE AT RICHMOND PLACE CONDOMINIUM ASSOCIATION, INC by virtue of that certain Certificate of Title, recorded on January 22, 2018 in Official Records Book 25508, Page 1765 in the Public Records of LAKE County, Florida. 4 The proposed Amended Complaint will not prejudice the rights of any party to this cause. PH # 86746 7/20/2018 3:26 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1 WHEREFORE, Plaintiff, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST, respectfully requests this Court to enter an Order granting the Plaintiff leave to file an Amended Complaint, and providing the newly added Defendant(s) twenty (20) days after service of the Complaint to respond. Those Defendants who were previously defaulted or have filed an answer to the Original Complaint shall stand as entered. . Phelan Hallinan Diamond & Jones, PLLC Attorneys for Plaintiff 2001 NW 64th Street Suite 100 Ft. Lauderdale, FL 33309 Tel: 954-462-7000 Fax: 954-462-7001 Service by email: FL.Service@PhelanHallinan.com By: /s/ Luiz Brito Phelan Hallinan Diamond & Jones, PLLC Luiz Brito, Esq., Florida Bar No. 1002280 Emilio R. Lenzi, Esq., Florida Bar No. 0668273 PH # 86746 7/20/2018 3:26 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2