Answer: STEPHENS AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JESSIE O WALKER AKA JESSIE M WALKER DECEASED, LATONYA A vs BIVENS JR, CLARENCE W

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                                Filing # 165143047 E-Filed 01/20/2023 02:14:49 PM


                               IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
                                        IN AND FOR LAKE COUNTY, FLORIDA

            LATONYA STEPHENS, as Personal
            Representative of the Estate of
            JESSIE O. WALKER, a/k/a JESSIE M.
            Walker, deceased,                                           CASE NO: 2022-CA-002112

                      Plaintiff,

            Vv.


            CLARENCE W. BIVENS (sic), JR. and
            CURTINE BIVENS (sic),
                      Defendants.



                                        ANSWER AND AFFIRMATIVE DEFENSES
                      COMES NOW the Defendants, CLARENCE W. BIVINS, JR., and CURTINE BIVINS, by

            and through the undersigned counsel, and hereby files their Answer to the Plaintiff's Complaint to

            and in support thereof states as follows:

                  1   Admitted

                  2   Admitted

                      Admitted

                      Admitted

                      Admitted

                      Denied that decedent died intestate

                      Denied

                      Admitted

                  9   Admitted

                  10. Admitted

                  11. Admitted




FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/20/2023 02:17:42 PM.
12. Admitted

13 Denied

14. Denied

15. Admitted

16 Admitted

17 Admitted that for some time prior to her death, the Decedent lived alone.   Denied as to the

   remainder of the allegations contained therein.

18 Denied

19 Admitted

20. Denied that Decedent was unable to drive and received home health care. Without knowledge

   to admit or deny the remainder of the allegations contained therein.

21 Denied

22. Admitted

23. Admitted

24, Admitted

25 Admitted

26. Admitted

27. Denied

28 Denied

29. Admitted

30. Admitted that Decedent did not have advanced directives.     Without knowledge to admit or

   deny the remainder of the allegations contained therein.

31 Denied
32. Denied

33 Denied

34. Admitted that the Decedent’s death certificate states “godson”. Denied as to the remainder of

   the allegations contained therein.

35 Denied

36. Without knowledge to admit or deny

                                             COUNTI

37. Denied

38 Denied

39. Denied

40 Denied

                                            COUNT IT

41 Denied

42. Denied

43 Denied

   Denied

                                            COUNT IT

45, Denied

46 Denied

47 Denied

48 Denied

49. Denied
COUNT IV

    50. Denied

    51 Denied

    52. Admitted

    53 Denied

    54. Denied

    55 Denied

    56. Denied

                                    AFFIRMATIVE DEFENSES

                                      First Affirmative Defense
        Plaintiff's suit is barred by the statute of limitations.


                                     Second Affirmative Defense
        Defendants are informed and believe, and upon that ground alleges that Plaintiff is
equitably estopped from asserting the claims contained in the Complaint, as Decedent died with a
valid will naming Defendants as beneficiaries.


                                      Third Affirmative Defense
        Defendants are informed and believe, and upon that ground allege, that Defendants had
license to occupy the real property at issue.


                                   RESERVATION OF RIGHTS
        Defendants reserve the right to amend this answer, add affirmative defenses, or assert
permissive cross claims as discovery progresses.



                                   CERTIFICATE OF SERVICE

        I HEREBY     CERTIFY that I have furnished a true and correct copy of the foregoing via
Florida   Courts   E-filing   Portal,   to Joseph   Shoemaker,   Esq.,   Bogin,   Munns,   &   Munns,   @
jshoemaker@boginmunns.com; nschultz@boginmunns.com;                  and bmservice@boginmunns.com,
this 20" day of January, 2023.


                                                      BOYETTE, CUMMINS & NAILOS, PLLC

                                                      /s Michelle Bottex
                                                      MICHELLE C. BOTTEX, ESQUIRE
                                                      Florida Bar No: 15030
                                                      1635 East Highway 50, Suite 300
                                                      Clermont, Florida 34711
                                                      Telephone: (352) 394-2103
                                                      Facsimile: (352) 394-2105
                                                      MBottex@BCNLawFirm.com
                                                      Attorneys for Defendants