Preview
Filing # 186377206 E-Filed 11/17/2023 12:54:53 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN AND
FOR BREVARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO, 05-2021-CA-057940
BANK OF AMERICA, N.A.
Plaintiff,
VS.
THE UNKNOWN SUCCESSOR
TRUSTEE OF THE LLOYD D.
CAVINDER TRUST DATED THE 7TH
DAY OF JUNE 2006, et al.
Defendant(s).
/
MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
COMES NOW the Plaintiff, by and through its undersigned Counsel, and pursuant to
Florida Rule of Civil Procedure 1.190 files this Motion for Leave to File Second Amended
Complaint and in support thereof would state:
1 After filing its Complaint, Plaintiff determined that JANEAN MARTZEN, AS
CO-SUCCESSOR TRUSTEE OF THE LLOYD D. CAVINDER TRUST DATED 7TH DAY
OF JUNE, 2006, PAULA MORTENSEN, AS CO-SUCCESSOR TRUSTEE OF THE LLOYD
D. CAVINDER TRUST DATED 7TH DAY OF JUNE, 2006 and JANEAN MARTZEN need to
be named in the above-styled foreclosure action in order that equitable title pass at the conclusion
of the foreclosure sale.
2. Leave of Court to amend the Complaint is required as Defendant has filed a responsive
pleading to the original Complaint.
DUNO AAA QUAM UATE
PAGE 1
22-046232 - AMM
Filing 186377206 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX
3. Pursuant to Florida Rule of Civil Procedure 1.190, and supported by well-grounded public
policy, "Leave of court shall be freely given when justice so requires.”
4. This Motion is being filed in the interest of justice and will in no way prejudice the
Defendants in this action.
5 Plaintiff has attached hereto copies of the proposed Second Amended Complaint.
6. Plaintiff prays that an Order be entered granting leave to amend the Complaint and that any
previously entered defaults shall stand since the issues as to said Defendant(s) remain the same as
in the Original Complaint.
WHEREFORE, Plaintiff prays for relief in an Order granting Plaintiff leave to file, the
Amended Complaint attached and further deeming that document to be the Second Amended
Complaint filed in this action.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By: _\S\Wendy Manswell_
Wendy Manswell, Esquire
Florida Bar No. 12027
Communication Email: wmanswell@raslg.com
PAGE 2
22-046232 - AMM
Filing 186377206 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the parties listed on the attached service list via Mail and/or E-mail in accordance with the
corresponding addresses listed therein on this 17 day of November, 2023.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By: _\S\Wendy Manswell_
Wendy Manswell, Esquire
Florida Bar No. 12027
Communication Email: wmanswell@raslg.com
SERVICE LIST
MAX KARYO, ESQ
ATTORNEY FOR THE UNKNOWN BENEFICIARIES OF THE LLOYD D. CAVINDER.
TRUST DATED THE 7TH DAY OF JUNE 2006
3200 NORTH FEDERAL HIGHWAY, SUITE #222
BOCA RATON, FL 33431
PRIMARY EMAIL: KARYOLAW@GMAIL.COM
MAX KARYO, ESQ
ATTORNEY FOR THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM
AN INTEREST IN THE ESTATE OF LLOYD D. CAVINDER, DECEASED
3200 NORTH FEDERAL HIGHWAY, SUITE #222
BOCA RATON, FL 33431
PRIMARY EMAIL: KARYOLAW@GMAIL.COM
PAGE 3
22-046232 - AMM
Filing 186377206 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX
Preview
Filing # 186377206 E-Filed 11/17/2023 12:54:53 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO, 05-2021-CA-057940 BANK OF AMERICA, N.A. Plaintiff, VS. THE UNKNOWN SUCCESSOR TRUSTEE OF THE LLOYD D. CAVINDER TRUST DATED THE 7TH DAY OF JUNE 2006, et al. Defendant(s). / MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT COMES NOW the Plaintiff, by and through its undersigned Counsel, and pursuant to Florida Rule of Civil Procedure 1.190 files this Motion for Leave to File Second Amended Complaint and in support thereof would state: 1 After filing its Complaint, Plaintiff determined that JANEAN MARTZEN, AS CO-SUCCESSOR TRUSTEE OF THE LLOYD D. CAVINDER TRUST DATED 7TH DAY OF JUNE, 2006, PAULA MORTENSEN, AS CO-SUCCESSOR TRUSTEE OF THE LLOYD D. CAVINDER TRUST DATED 7TH DAY OF JUNE, 2006 and JANEAN MARTZEN need to be named in the above-styled foreclosure action in order that equitable title pass at the conclusion of the foreclosure sale. 2. Leave of Court to amend the Complaint is required as Defendant has filed a responsive pleading to the original Complaint. DUNO AAA QUAM UATE PAGE 1 22-046232 - AMM Filing 186377206 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX 3. Pursuant to Florida Rule of Civil Procedure 1.190, and supported by well-grounded public policy, "Leave of court shall be freely given when justice so requires.” 4. This Motion is being filed in the interest of justice and will in no way prejudice the Defendants in this action. 5 Plaintiff has attached hereto copies of the proposed Second Amended Complaint. 6. Plaintiff prays that an Order be entered granting leave to amend the Complaint and that any previously entered defaults shall stand since the issues as to said Defendant(s) remain the same as in the Original Complaint. WHEREFORE, Plaintiff prays for relief in an Order granting Plaintiff leave to file, the Amended Complaint attached and further deeming that document to be the Second Amended Complaint filed in this action. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By: _\S\Wendy Manswell_ Wendy Manswell, Esquire Florida Bar No. 12027 Communication Email: wmanswell@raslg.com PAGE 2 22-046232 - AMM Filing 186377206 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on this 17 day of November, 2023. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By: _\S\Wendy Manswell_ Wendy Manswell, Esquire Florida Bar No. 12027 Communication Email: wmanswell@raslg.com SERVICE LIST MAX KARYO, ESQ ATTORNEY FOR THE UNKNOWN BENEFICIARIES OF THE LLOYD D. CAVINDER. TRUST DATED THE 7TH DAY OF JUNE 2006 3200 NORTH FEDERAL HIGHWAY, SUITE #222 BOCA RATON, FL 33431 PRIMARY EMAIL: KARYOLAW@GMAIL.COM MAX KARYO, ESQ ATTORNEY FOR THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF LLOYD D. CAVINDER, DECEASED 3200 NORTH FEDERAL HIGHWAY, SUITE #222 BOCA RATON, FL 33431 PRIMARY EMAIL: KARYOLAW@GMAIL.COM PAGE 3 22-046232 - AMM Filing 186377206 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX