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  • Westlake Homeowners Association Inc Plaintiff vs. Elizabeth Starkweather, et al Defendant 3 document preview
  • Westlake Homeowners Association Inc Plaintiff vs. Elizabeth Starkweather, et al Defendant 3 document preview
  • Westlake Homeowners Association Inc Plaintiff vs. Elizabeth Starkweather, et al Defendant 3 document preview
  • Westlake Homeowners Association Inc Plaintiff vs. Elizabeth Starkweather, et al Defendant 3 document preview
  • Westlake Homeowners Association Inc Plaintiff vs. Elizabeth Starkweather, et al Defendant 3 document preview
  • Westlake Homeowners Association Inc Plaintiff vs. Elizabeth Starkweather, et al Defendant 3 document preview
						
                                

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Filing # 69165750 E-Filed 03/13/2018 09:46:14 AM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: COCE 15-026978 (49) WESTLAKE HOMEOWNERS ASSOCIATION, INC., a Florida non-profit corporation, Plaintiff, v ELIZABETH STARK WEATHER, UNKNOWN TENANT #1, UNKNOWN TENANT #2, fictitious names representing unknown tenants in possession, and any and all unknown parties claiming by, through, under and against the herein named individual defendants who are now known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, grantees, or other claimants, Defendants. / SHOWING OF GOOD CAUSE AS TO NOTICE OF LACK OF PROSEUCTION PLAINTIFF, Westlake Homeowners Association, Inc., by and through its undersigned counsel and pursuant to the Court’s Notice of Lack of Prosecution/Court’s Motion to Dismiss/Notice of Hearing dated March 1, 2018 files this Showing of Good Cause in the above-styled action, and says: 1 The Defendant, Elizabeth Starkweather, filed a Chapter 13 Bankruptcy on March 31, 2017 which remains pending as of this date in the U. S. Bankruptcy Court, Southern District of Florida. A true and correct copy of the Suggestion of Bankruptcy is attached hereto as “Exhibit A.” 2 Based upon the foregoing, good cause exists to permit this case to remain pending. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was filed via the Florida Courts E-File Portal this } 3 day of March, 2018. I also certify that the foregoing document is being served on this day on all counsel of record or pro se parties on the attached Service List, either via transmission of *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN. CLERK 3/13/2018 9:46:14 AM.**** Notices of Electronic Filing generated by the Florida Courts E-File Portal or by U.S. Mail for those counsel or parties who are not authorized to receive electronically filed pleadings in this action. JENNINGS & VALANCY, P.A. Attorneys for Plaintiff 311 South East 13" Street Fort Lauderdale, FL 33316 Telephons49$ 4) 4 3-1600_. By: Z ZLc 1 & L Christopher M. Reed Florida Bar No. 16975 SERVICE LIST Barry S. Mittelberg, Esq. c/o Barry S. Mittelberg, P.A. 1700 N. University Drive, Suite 300 Coral Springs, FL 33071 Barry@Mittelberglaw.com Filing # 55398411 E-Filed 04/21/2017 09:35:12 AM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA WESTLAKE HOMEOWNER'S ASSOCIATION, CASE NO.: COCE-15-026978 INC., a Florida non-profit corporation, Plaintiff, vs. ELIZABETH STARKWEATHER, ET AL., Defendants. SUGGESTION OF BANKRUPTCY COMES NOW, the Defendant, ELIZABETH STARKWEATHER, by and through the undersigned attorney, who. makes a limited appearance solely for the purpose of advising this court of the pending bankruptcy, and alleges as follows: 1 ELIZABETH STARKWEATHER filed for Bankruptcy, Chapter 13 Case Number 17-14011-JKO in the Southern District of Florida on March 31, 2017. 2. You are advised that with the filing of said Chapter & Petition, all of the property of the Debtor, both real and personal, and the person of the Debtor became subject to the jurisdiction of the United States Bankruptcy Court pursuant to the provisions of the Act of Congress relating to Bankruptcy, Title 11, United States Code. 3. The filing of the Chapter 13 Petition operates as an automatic stay of the commencement or continuance of any action against the Debtor as set more specifically in Title 11, United States Code, §362. Accordingly, the issuance of the Order of Automatic Stay issued by the Bankruptcy Court stays applies in the instant proceedings. 4 Plaintiff's only remedy is in the U.S. Bankruptcy Court. CERTIFICATE OF MAILING | HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. mail to Steven S. Valancy, Esq., Jennings & Valancy, P.A., 311 SE 13 Street, Fort Lauderdale, FL 33316, this 21% day of April, 2017. BARRY S. MITTELBERG, P.A. Attorney for Defendant 1700 N. University Drive, Suite 300 Coral Springs, FL 33071 Tel: (954) 752-1213 Fax: (954) 752-5299 Email: barry@mittelberglaw.com /s/ Barry S. Mittelberg B Y BARRY S. MITTELBERG, Esq. Florida Bar No.: 396567 -1- RX