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3120230011003 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3604 PG: 2119, 3/8/2023 4:24 PM
Filing # 150339276 E-Filed 05/26/2022 08:24:40 AM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 31-2021-CA000445
APRIL BOTT MOORE,
Plaintiff,
Vv.
ROBERT DEAN MOORE,
Defendant.
en /
FINAL JUDGMENT IN FAVOR OF DEFENDANT ROBERT DEAN MOORE
THIS CAUSE came before the Court on Defendant, ROBERT DEAN MOORE’s (“Robert
Moore”) Amended Motion to Lift Stay and for Final Summary Judgment Domesticating and
Enforcing Foreign Judgment against Plaintiff (the “Motion”). After reviewing the Motion and the
Opposition to same filed by Plaintiff, APRIL BOTT MOORE (“April Moore”), hearing argument
from counsel for Robert Moore and April Moore on May 6, 2022, and being otherwise fully
advised in the premises,
IT IS ADJUDGED:
1. The Motion is GRANTED.
2. Pursuant to Fla. R. Civ. P. 1.510, the Court finds there is no genuine dispute as to
any material fact and Robert Moore is entitled to final summary judgment as a matter of law. The
Court specifically finds that the provisions of the Judgment Entry — Decree of Divorce entered on
May 4, 2021 (“Ohio Judgment”)! requiring April Moore to transfer her interest in the property
' The Ohio Judgment is recorded in the public records of the Clerk of the Circuit Court as
Instrument No. 3120210038052 (Bk: 3426, Pg: 316).
BK: 3604 PG: 2120
located at 1300 Olde Doubloon Drive, Vero Beach, Florida (the “Olde Doubloon Property”) to
Robert Moore, and the provisions requiring Robert Moore to pay April Moore no more than
$873,103 for same,” are final, valid, and enforceable to the same extent as a final judgment of this
state, and such provisions are entitled to full faith and credit pursuant to Sections 55.501-55.509,
Florida Statutes (the “Foreign Judgments Act”). The Court further finds that April Moore has not
adequately supported any grounds against enforcement of these provisions of the Ohio Judgment,
nor has she adequately supported any grounds justifying a stay of such enforcement.
3. Accordingly, Defendant, Robert Moore, whose address is 65720 Barkcamp Park
Road, Belmont, Ohio 43718, is entitled to the relief set forth below against Plaintiff, April Moore,
whose address is 6895 Macneil Drive, Dublin, Ohio 43017 for which /et execution issue instanter.
4. Any stay imposed under the Foreign Judgments Act and affecting the Ohio
Judgment is hereby terminated.
5. Within 30 days of this Final Judgment, Robert Moore is directed to deposit the sum
of $873,103 (the “Deposit”) into the registry of the Clerk of the Circuit Court in and for Indian
River County, Florida (“Clerk of the Court”). The Clerk of the Court shall release the Deposit to
Apmnil Moore upon the recording and indexing of this Final Judgment.
6. Upon receiving the Deposit from Robert Moore, the Clerk of the Court shall
promptly file, record, and index this Final Judgment, and proof of its receipt of $873,103, in the
public records of the Clerk of the Court.
7. Upon the recording of this Final Judgment by the Clerk of the Court, Apnl Moore
shall be deemed to have granted, bargained, sold, alienated, remised, released, conveyed, and
? By virtue of the October 6, 2021 Journal Entry of the Court of Appeals of Franklin County, Ohio,
Tenth Appellate District, Robert Moore’s payment obligation concerning the Olde Doubloon
Property was stayed to the extent it required him to pay more than $873,103.
2
BK: 3604 PG: 2121
confirmed unto Robert Moore, and his successors and assigns, all of the right, title, and interest
that April Moore, and any of her successors and assigns, has in and to the following described real
property located in Indian River County, Florida, to-wit (the “Property”):
Lot 27, CASTAWAY COVE WAVE SIX, according to the map or plat thereof
as recorded in Plat Book 11, Page 89, Public Records of Indian River County,
Flonda.
TOGETHER WITH all the tenements, hereditaments, easements and
appurtenances thereto belonging or in any way appertaining but this reference
shall not serve to reimpose the same.
TO HAVE AND TO HOLD the same unto Robert Moore in fee simple, forever.
8. This recorded Final Judgment shall constitute and operate as the properly executed,
delivered, and recorded deed effectuating the transfer of April Moore’s nghts, title, and interests
in the Property and all public and private officials shall be authorized and directed to accept such
recorded Final Judgment in lieu of any other document which may regularly be required for such
conveyance and/or transfer.
9. Robert Moore shall retain the Property free and clear of all claims of April Moore.
10. Upon the recording of this Final Judgment by the Clerk ofthe Court, April Moore’s
Notice of Lis Pendens, recorded in the public records of the Clerk of the Court as Instrument No.
3120210046783 (Bk: 3438, Pg: 812), shall be deemed released, cancelled, and discharged.
11. | Robert Moore is entitled to recover his legal costs from April Moore pursuant to
Section 57.041, Florida Statutes.
DONE AND ORDERED in Chambers in Indian River County, Flonda, this day of
2022. oo,
— \ /
05/26/2022 088 0
2021 CA 000446./
eSigned by JANET CARNEY CROOM (NOT) osi26/2042 08:24:10 {OdbRn0ot
Copies furnished to:
3
BK: 3604 PG: 2122
Alexander Quimby, Esq., aquimby@bakerlaw.com, Counsel for Robert Dean Moore
Thomas W. Tiemey, Esq., ttierney@rosswayswan.com, Counsel for April Boot Moore
05/26/2022
\ f
08:24:19
2021 CA 006445-/
eSigned by JANET CARNEY CROOM (NOT) 05/26/2022 08:24:10 IOdbRnOt
Electronic Service List
John M Stewart , ,
P. Alexander Quimby, Esq. ,
P. Alexander Quimby , ,
Robert W Thielhelm Jr , ,
Thomas W Tiemey ,
David J. Reimel, I, Esquire
JOHN MITCHELL STEWART
THOMASW TIERNEY
4
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3120230011003 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3604 PG: 2119, 3/8/2023 4:24 PM Filing # 150339276 E-Filed 05/26/2022 08:24:40 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CIVIL DIVISION CASE NO. 31-2021-CA000445 APRIL BOTT MOORE, Plaintiff, Vv. ROBERT DEAN MOORE, Defendant. en / FINAL JUDGMENT IN FAVOR OF DEFENDANT ROBERT DEAN MOORE THIS CAUSE came before the Court on Defendant, ROBERT DEAN MOORE’s (“Robert Moore”) Amended Motion to Lift Stay and for Final Summary Judgment Domesticating and Enforcing Foreign Judgment against Plaintiff (the “Motion”). After reviewing the Motion and the Opposition to same filed by Plaintiff, APRIL BOTT MOORE (“April Moore”), hearing argument from counsel for Robert Moore and April Moore on May 6, 2022, and being otherwise fully advised in the premises, IT IS ADJUDGED: 1. The Motion is GRANTED. 2. Pursuant to Fla. R. Civ. P. 1.510, the Court finds there is no genuine dispute as to any material fact and Robert Moore is entitled to final summary judgment as a matter of law. The Court specifically finds that the provisions of the Judgment Entry — Decree of Divorce entered on May 4, 2021 (“Ohio Judgment”)! requiring April Moore to transfer her interest in the property ' The Ohio Judgment is recorded in the public records of the Clerk of the Circuit Court as Instrument No. 3120210038052 (Bk: 3426, Pg: 316). BK: 3604 PG: 2120 located at 1300 Olde Doubloon Drive, Vero Beach, Florida (the “Olde Doubloon Property”) to Robert Moore, and the provisions requiring Robert Moore to pay April Moore no more than $873,103 for same,” are final, valid, and enforceable to the same extent as a final judgment of this state, and such provisions are entitled to full faith and credit pursuant to Sections 55.501-55.509, Florida Statutes (the “Foreign Judgments Act”). The Court further finds that April Moore has not adequately supported any grounds against enforcement of these provisions of the Ohio Judgment, nor has she adequately supported any grounds justifying a stay of such enforcement. 3. Accordingly, Defendant, Robert Moore, whose address is 65720 Barkcamp Park Road, Belmont, Ohio 43718, is entitled to the relief set forth below against Plaintiff, April Moore, whose address is 6895 Macneil Drive, Dublin, Ohio 43017 for which /et execution issue instanter. 4. Any stay imposed under the Foreign Judgments Act and affecting the Ohio Judgment is hereby terminated. 5. Within 30 days of this Final Judgment, Robert Moore is directed to deposit the sum of $873,103 (the “Deposit”) into the registry of the Clerk of the Circuit Court in and for Indian River County, Florida (“Clerk of the Court”). The Clerk of the Court shall release the Deposit to Apmnil Moore upon the recording and indexing of this Final Judgment. 6. Upon receiving the Deposit from Robert Moore, the Clerk of the Court shall promptly file, record, and index this Final Judgment, and proof of its receipt of $873,103, in the public records of the Clerk of the Court. 7. Upon the recording of this Final Judgment by the Clerk of the Court, Apnl Moore shall be deemed to have granted, bargained, sold, alienated, remised, released, conveyed, and ? By virtue of the October 6, 2021 Journal Entry of the Court of Appeals of Franklin County, Ohio, Tenth Appellate District, Robert Moore’s payment obligation concerning the Olde Doubloon Property was stayed to the extent it required him to pay more than $873,103. 2 BK: 3604 PG: 2121 confirmed unto Robert Moore, and his successors and assigns, all of the right, title, and interest that April Moore, and any of her successors and assigns, has in and to the following described real property located in Indian River County, Florida, to-wit (the “Property”): Lot 27, CASTAWAY COVE WAVE SIX, according to the map or plat thereof as recorded in Plat Book 11, Page 89, Public Records of Indian River County, Flonda. TOGETHER WITH all the tenements, hereditaments, easements and appurtenances thereto belonging or in any way appertaining but this reference shall not serve to reimpose the same. TO HAVE AND TO HOLD the same unto Robert Moore in fee simple, forever. 8. This recorded Final Judgment shall constitute and operate as the properly executed, delivered, and recorded deed effectuating the transfer of April Moore’s nghts, title, and interests in the Property and all public and private officials shall be authorized and directed to accept such recorded Final Judgment in lieu of any other document which may regularly be required for such conveyance and/or transfer. 9. Robert Moore shall retain the Property free and clear of all claims of April Moore. 10. Upon the recording of this Final Judgment by the Clerk ofthe Court, April Moore’s Notice of Lis Pendens, recorded in the public records of the Clerk of the Court as Instrument No. 3120210046783 (Bk: 3438, Pg: 812), shall be deemed released, cancelled, and discharged. 11. | Robert Moore is entitled to recover his legal costs from April Moore pursuant to Section 57.041, Florida Statutes. DONE AND ORDERED in Chambers in Indian River County, Flonda, this day of 2022. oo, — \ / 05/26/2022 088 0 2021 CA 000446./ eSigned by JANET CARNEY CROOM (NOT) osi26/2042 08:24:10 {OdbRn0ot Copies furnished to: 3 BK: 3604 PG: 2122 Alexander Quimby, Esq., aquimby@bakerlaw.com, Counsel for Robert Dean Moore Thomas W. Tiemey, Esq., ttierney@rosswayswan.com, Counsel for April Boot Moore 05/26/2022 \ f 08:24:19 2021 CA 006445-/ eSigned by JANET CARNEY CROOM (NOT) 05/26/2022 08:24:10 IOdbRnOt Electronic Service List John M Stewart , , P. Alexander Quimby, Esq. , P. Alexander Quimby , , Robert W Thielhelm Jr , , Thomas W Tiemey , David J. Reimel, I, Esquire JOHN MITCHELL STEWART THOMASW TIERNEY 4