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Filing # 188437761 E-Filed 12/20/2023 02:36:03 PM
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR HIGHLANDS COUNTY, FLORIDA
CASE NO.: GC23-701
FLORIDA DREAM LANDS, LLC., a Florida limited
liability company,
Plaintiff,
VS.
EDWARD R. HOGAN, if alive and if not his unknown
spouse, heirs, devisees, grantees, creditors, or other parties
claiming by, through, under or against EDWARD R. HOGAN;
ROSE E. HOGAN, if alive and if not her unknown spouse,
heirs, devisees, grantees, creditors, or other parties claiming
by, through, under or against ROSE E. HOGAN; EDWIN P.
DEFREYTAS, if alive and if not his unknown spouse, heirs,
devisees, grantees, creditors, or other parties claiming by,
through, under or against EDWIN P. DEFREYTAS; ELNA M.
DEFREYTAS, if alive and if not her unknown spouse, heirs,
devisees, grantees, creditors, or other parties claiming by,
through, under or against ELNA M. DEFREYTAS; ALL
PERSONS UNKNOWN, CLAIMING ANY LEGAL OR
EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST
IN THE PROPERTY DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFF’S TITLE OR ANY CLOUD ON
PLAINTIFF’S TITLE THERETO, INCLUSIVE,
Defendant(s).
/
MOTION FOR FINAL JUDGMENT QUIETING TITLE AFTER DEFAULT
(COUNT)
COMES NOW, the Plaintiff, FLORIDA DREAM LANDS, LLC., a Florida limited
liability company, (“FL DREAM”), by and through their undersigned counsel, and moves this
Court for entry of a Final Judgment Quieting Title After Default and as grounds therefore would
show this Court that:
1
Electronically Filed Highlands cose iyhey GARXNEY aie99923098.403 PM
The undersigned filed a lawsuit on behalf of the above referenced Plaintiff to quiet title to
the real property described on the attached Exhibit “A” located in Highlands County, Florida on
November 9, 2023.
Defendants, EDWARD R. HOGAN, if alive and if not his unknown spouse, heirs,
devisees, grantees, creditors, or other parties claiming by, through, under or against EDWARD
R. HOGAN, (“E HOGAN”); ROSE E. HOGAN, if alive and if not her unknown spouse, heirs,
devisees, grantees, creditors, or other parties claiming by, through, under or against ROSE E.
HOGAN, (“R HOGAN”); and ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR
EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE OR ANY CLOUD
ON PLAINTIFF’S TITLE THERETO, INCLUSIVE, (“ALL PERSONS UNKNOWN”), were
served with constructive service by publication. The Notice of Action was published by the
Highlands News Sun, a newspaper published at Sebring in Highlands County, Florida, for a
period of four weeks. The publication commenced on November 17th, November 24th,
December Ist, and concluded on December 8, 2023.
Defendants, E HOGAN, R HOGAN, and ALL PERSONS UNKNOWN, have not
answered claiming any interest in the subject property adverse to FL DREAM, and a Clerk’s
Default was entered against the Defendant on December 20, 2023.
WHEREFORE, the Plaintiff request this Court to enter a Final Judgment Quieting Title in
the property described on the attached Exhibit “A” in the name of FL DREAM, and as grounds
therefore would further show this Court the following chain of title:
1 FL DREAM acquired title to the property from the Clerk of Circuit Court of
Highlands County, Florida through a tax deed dated November 1, 2023, and recorded on
2
Myles A. Hoover P.a.
November 2, 2023, in Official Records Book 3007, Page 1128, of the Public Records of
Highlands County, Florida, and has continuously maintained possession thereof adverse
to the claims of the named Defendants and all other persons since November 1, 2023,
and otherwise has possessed the property so as to quiet title in the name of FL DREAM.
Defendants, EHOGAN, and R HOGAN, obtained title to the subject real property,
described on the attached Exhibit “B”, as follows:
A Said land was conveyed to Defendants, E HOGAN, and R HOGAN, by a
Trustee’s Deed dated September 18, 1962, and executed by Hue E. Nunnallee, as
the grantor. The Trustee’s Deed was recorded on November 7, 1962, at Official
Records Book 159, Pages 159-160, of the Public Records of Highlands County,
Florida.
Any interest of EHOGAN, R HOGAN, and ALL PERSONS UNKNOWN, in and
to the real property described on the attached Exhibit “A” has been extinguished as a
result of and by operation of the tax deed conveyed to FL DREAM.
Defendants, EHOGAN, and R HOGAN, were properly and duly noticed in the Tax
Deed Application and advised of the tax deed being auctioned on November 1, 2023.
FL DREAM is entitled to a Final Judgment as a matter of law, and therefore, moves
the Court to enter a Final Judgment Quieting Title After Default in its favor upon the
Complaint filed, against the Defendants.
Respectfully submitted,
MYLES A. HOOVER P.A.
11 Island Ave, # 406
Miami Beach, FL 33139
Telephone 786.312.0803
3
Myles A. Hoover P.a.
By:4s/Myles A. Hoover
MYLES A. HOOVER (FBN 1026217)
Email: myleshooveresq@gmail.com
Counsel for Plaintiff Florida Dream Lands LLC
CERTIFICATE OF SERVICE
I hereby certify that pursuant to Florida Rule of Judicial Administration 2.516, a true and
correct copy of the foregoing has been furnished via the Florida E-portal as required pursuant to
Rule 1.080, Fla. R. Civ. P. on this day of December 20, 2023.
By:4/Myles_A. Hoover
MYLES A. HOOVER
4
Myles A. Hoover P.a.
Exhibit A
OFFICIAL RECORDS FILES: 2176160 OR BK 3007 PG 1126 PAGES: a
LE/2/2023 1:22:15 PM BEC PERS: $10.00 DEED OC: $30.80
B.C. PGAMEZ1 JEROME KASZUBOWSKI CLERK OF COURTS, HIGHLANDS CO.
File No. 23000350
Parcel identification No. C-01-33-28-070.0110.0100
Tax Deed
STATE OF FLORIDA
COUNTY OF HIGHLANDS.
“Vive folowing Tax Sale Certificate Numbered 776 issued iti June 1, 2018 was filed on the office of the Tax Collector
County and application made for the tesuance of « tax deed, the applicant having paid or redeemed all other taxes or waxof thissale
certificates on the land described ax required by law to be paid or redeemed, und the costs and expanses of this sale, and due notice
‘of sale having been published as required by law, and no perton entithed to 0 50 having appeared to redeem said land; such land
‘was sald on the Istday af November 2023 affered for sale ax required by lave for ensh to the highest bidder and was sold to:
FLORIDA DREAM LANDS LLC
ADDRESS:
1816 CHADBURY LOOP
DAVENPORT, FL33837
doing the highest bitter and ha paid the suit of their bid a3 required by the Laws of Florida. NOW, this the 2nd day of
November 2023 County of Highlands, State of Plorida, in consideration of the sum of $4,400.06, being the amount paid puriuant
of the Laws af Florida dies hereby sell the following lands situated in the County and State of foresaid and describedas follows:
LOTS 19 AND 26, BLOCK 11, AVON PARK LAKES, RED HILL
TRERROP,AS RECORDED IN PLAT BOOK §, PAGES 49 AND 85,FARMS ADDITION, UNIT ACCORDING TO THE PLAT
OF THE PUBLIC RECORDS OF HIGHLANDS COUNTY,
FLORIDA.
WITNESS:
ic i Clerk of the Cieuit Court
i. Highlands County, Floris
a
DREA MEURES. 3 onset
Kit —
ve
Jerome Kasrubowski, Clerk of the Court
STATE OF FLORIDA.
COUNTY OF HIGHLANDS
The foregoing instrument was ecknowledged before me this 201 day af November, 2023 by Jerome Kaszubowskl,
Clerk of the
Circuit Court, Highlands . Florida who is personally known to me.
sacs
i
Prepared By: Seated Horie
Jerome Kaszubowski, i Coenen He022976
Clerk of the Cireuit Court Expiros 86272028 JAMES P LIPSCOMB:
500 S. Commerce Ave. Sebring, FL 33870
(883) 402-6586 NOTARY PUBLIC STATE OF FLORIDA
5
Myles A. Hoover P.a.
Exhibit B
191493
+ 159 e159
TRUBTES'S oRED
THE INDENTURE, made thle 28th auy of Septanter Av.58)
by ond between WUE £. ae Teele
ander nec ty virwne of theos tertain Trust Agreements with Avod Park Chamber of Cammersa,
& bon-pesht Corpomntiin of the State of Piorida, dated the Bist day of August, A), 1433 and tnetbe
th day of Jamonry,A. 19ET, evapecti anit reorted in Oficial Record Book 18, Vauge TA snd
Otticiat Record) Book 22, Page 424, Publicvely,
Records of Highinnde County, Ploetda, huewinn ier «ake
Ports of the Piret Pat, ant
SOMAND WR. ROGAN end ROSE B, BOCAM, busbend and wire
uf thee Canaan of atk Sate of , arias
whens yout often wildeeseis RUOL LSth
shake Worth,Avenue South
Figsiae
persinatter cubed Part Len ‘of the Bacewst Part,
WITRESSE thet veld PartyTH, of the Pirat Fart, for at in onaaideration of the sum vt Ten Ditters
E10.00) at otter ‘comabderations in Kart paid, tha recent whareal i hereky nvkmvwhsbeed,
bap granted. bargained, xobl xed transferred, and ty Uren prenents dues arunt, Dari nett andn,trawater
ate tse Pert oie of the Hicaosh Park and Chale hele and meeiyme forever al that certain peeve) ut
ened tying amd biog fo the County of Hiahlande and State of Fiochia, inote partivulusly Areceiten! aw
follows:
29 and 20, In Mock 1
f
Lote 2 Hat Ba,
‘WED SILO #aree ADDTION
AVON PARK LARES/s in Plat Book
ot iat
betonning of in aay iknds Coonty, Plockda, teasthor with any and all apprortena: LavenPome 9 a 55,
tservantis
‘sil to any imac Yringerisabetwe
apperininink, inrbodiny ait right, title amd interest of he srmitoa
auldons
Tota and the center five of amy slescin, en ae
ADS aX Awe by anid plat, aubjeet ty right of Frawred in the peste,
va Oo HAVE AND 17 How ue asume:doneeta fonhy aimpin, SUBSCT in alt sespecia te Oke arteral nant:
saitt plat hod a et forth is Se hedue “A reintes oe
the meverse side herent and ineseperstet herein hy reference,
Saijeet aloe ta tuxen for the your 1963 aint mukmaqugmt peerm
Data oblast alee
The Te to two 0, Fae coat ot Ee ‘any.yi. memeffet on the wOisle of waisd wtalavinion
oie by eleaned of heldreserved
to treatta the Crate iat
fiation. lens anit(eonTeasesence!
te pewviomniyea 1 aewhen may deformed,
determined by Avon Park Chamier A aan.
af
In WITNESS ihe suid Party of the Fient Part haw herewnte, set Mia hand and wea,
day saad yoke Hest above wit
ae, mend and deliverin
wd
Bibi, (2)
me 1g
a
o£ Lawcle
STATE OF FLOMIDA
COUNTY OF GHLANDS }
A ERABY CERTIY that on thin
A.D. 1462 before me, the undersizmed authoyity, perwonally appeared =ey RUEot E, Vetober MUBNALLES
‘se Truntee eiiior thase Trost
ie referred to herein for wit purgones, ta me wall keowsy to be the parwon descrsinn! fo and whe ‘ofextoabed
which:
thefe tin be hin Tree wet amd
un tor the: ones wad urpewen therein expressed,
+ WTENEHA acy siymatars and elficial weal at Atco Park in the County of Highlands and Stete of
artd, the Hay and ent inek niorwanld,
whe Loos A
fe
‘Mer Ceessninaton waptrer:
Pits. suebapeat Pcie
Sevan ot Sues
Pp
‘b etaaaer Je 8, 1805,
6
Myles A. Hoover p.a
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Filing # 188437761 E-Filed 12/20/2023 02:36:03 PM IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HIGHLANDS COUNTY, FLORIDA CASE NO.: GC23-701 FLORIDA DREAM LANDS, LLC., a Florida limited liability company, Plaintiff, VS. EDWARD R. HOGAN, if alive and if not his unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under or against EDWARD R. HOGAN; ROSE E. HOGAN, if alive and if not her unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under or against ROSE E. HOGAN; EDWIN P. DEFREYTAS, if alive and if not his unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under or against EDWIN P. DEFREYTAS; ELNA M. DEFREYTAS, if alive and if not her unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under or against ELNA M. DEFREYTAS; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE OR ANY CLOUD ON PLAINTIFF’S TITLE THERETO, INCLUSIVE, Defendant(s). / MOTION FOR FINAL JUDGMENT QUIETING TITLE AFTER DEFAULT (COUNT) COMES NOW, the Plaintiff, FLORIDA DREAM LANDS, LLC., a Florida limited liability company, (“FL DREAM”), by and through their undersigned counsel, and moves this Court for entry of a Final Judgment Quieting Title After Default and as grounds therefore would show this Court that: 1 Electronically Filed Highlands cose iyhey GARXNEY aie99923098.403 PM The undersigned filed a lawsuit on behalf of the above referenced Plaintiff to quiet title to the real property described on the attached Exhibit “A” located in Highlands County, Florida on November 9, 2023. Defendants, EDWARD R. HOGAN, if alive and if not his unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under or against EDWARD R. HOGAN, (“E HOGAN”); ROSE E. HOGAN, if alive and if not her unknown spouse, heirs, devisees, grantees, creditors, or other parties claiming by, through, under or against ROSE E. HOGAN, (“R HOGAN”); and ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE OR ANY CLOUD ON PLAINTIFF’S TITLE THERETO, INCLUSIVE, (“ALL PERSONS UNKNOWN”), were served with constructive service by publication. The Notice of Action was published by the Highlands News Sun, a newspaper published at Sebring in Highlands County, Florida, for a period of four weeks. The publication commenced on November 17th, November 24th, December Ist, and concluded on December 8, 2023. Defendants, E HOGAN, R HOGAN, and ALL PERSONS UNKNOWN, have not answered claiming any interest in the subject property adverse to FL DREAM, and a Clerk’s Default was entered against the Defendant on December 20, 2023. WHEREFORE, the Plaintiff request this Court to enter a Final Judgment Quieting Title in the property described on the attached Exhibit “A” in the name of FL DREAM, and as grounds therefore would further show this Court the following chain of title: 1 FL DREAM acquired title to the property from the Clerk of Circuit Court of Highlands County, Florida through a tax deed dated November 1, 2023, and recorded on 2 Myles A. Hoover P.a. November 2, 2023, in Official Records Book 3007, Page 1128, of the Public Records of Highlands County, Florida, and has continuously maintained possession thereof adverse to the claims of the named Defendants and all other persons since November 1, 2023, and otherwise has possessed the property so as to quiet title in the name of FL DREAM. Defendants, EHOGAN, and R HOGAN, obtained title to the subject real property, described on the attached Exhibit “B”, as follows: A Said land was conveyed to Defendants, E HOGAN, and R HOGAN, by a Trustee’s Deed dated September 18, 1962, and executed by Hue E. Nunnallee, as the grantor. The Trustee’s Deed was recorded on November 7, 1962, at Official Records Book 159, Pages 159-160, of the Public Records of Highlands County, Florida. Any interest of EHOGAN, R HOGAN, and ALL PERSONS UNKNOWN, in and to the real property described on the attached Exhibit “A” has been extinguished as a result of and by operation of the tax deed conveyed to FL DREAM. Defendants, EHOGAN, and R HOGAN, were properly and duly noticed in the Tax Deed Application and advised of the tax deed being auctioned on November 1, 2023. FL DREAM is entitled to a Final Judgment as a matter of law, and therefore, moves the Court to enter a Final Judgment Quieting Title After Default in its favor upon the Complaint filed, against the Defendants. Respectfully submitted, MYLES A. HOOVER P.A. 11 Island Ave, # 406 Miami Beach, FL 33139 Telephone 786.312.0803 3 Myles A. Hoover P.a. By:4s/Myles A. Hoover MYLES A. HOOVER (FBN 1026217) Email: myleshooveresq@gmail.com Counsel for Plaintiff Florida Dream Lands LLC CERTIFICATE OF SERVICE I hereby certify that pursuant to Florida Rule of Judicial Administration 2.516, a true and correct copy of the foregoing has been furnished via the Florida E-portal as required pursuant to Rule 1.080, Fla. R. Civ. P. on this day of December 20, 2023. By:4/Myles_A. Hoover MYLES A. HOOVER 4 Myles A. Hoover P.a. Exhibit A OFFICIAL RECORDS FILES: 2176160 OR BK 3007 PG 1126 PAGES: a LE/2/2023 1:22:15 PM BEC PERS: $10.00 DEED OC: $30.80 B.C. PGAMEZ1 JEROME KASZUBOWSKI CLERK OF COURTS, HIGHLANDS CO. File No. 23000350 Parcel identification No. C-01-33-28-070.0110.0100 Tax Deed STATE OF FLORIDA COUNTY OF HIGHLANDS. “Vive folowing Tax Sale Certificate Numbered 776 issued iti June 1, 2018 was filed on the office of the Tax Collector County and application made for the tesuance of « tax deed, the applicant having paid or redeemed all other taxes or waxof thissale certificates on the land described ax required by law to be paid or redeemed, und the costs and expanses of this sale, and due notice ‘of sale having been published as required by law, and no perton entithed to 0 50 having appeared to redeem said land; such land ‘was sald on the Istday af November 2023 affered for sale ax required by lave for ensh to the highest bidder and was sold to: FLORIDA DREAM LANDS LLC ADDRESS: 1816 CHADBURY LOOP DAVENPORT, FL33837 doing the highest bitter and ha paid the suit of their bid a3 required by the Laws of Florida. NOW, this the 2nd day of November 2023 County of Highlands, State of Plorida, in consideration of the sum of $4,400.06, being the amount paid puriuant of the Laws af Florida dies hereby sell the following lands situated in the County and State of foresaid and describedas follows: LOTS 19 AND 26, BLOCK 11, AVON PARK LAKES, RED HILL TRERROP,AS RECORDED IN PLAT BOOK §, PAGES 49 AND 85,FARMS ADDITION, UNIT ACCORDING TO THE PLAT OF THE PUBLIC RECORDS OF HIGHLANDS COUNTY, FLORIDA. WITNESS: ic i Clerk of the Cieuit Court i. Highlands County, Floris a DREA MEURES. 3 onset Kit — ve Jerome Kasrubowski, Clerk of the Court STATE OF FLORIDA. COUNTY OF HIGHLANDS The foregoing instrument was ecknowledged before me this 201 day af November, 2023 by Jerome Kaszubowskl, Clerk of the Circuit Court, Highlands . Florida who is personally known to me. sacs i Prepared By: Seated Horie Jerome Kaszubowski, i Coenen He022976 Clerk of the Cireuit Court Expiros 86272028 JAMES P LIPSCOMB: 500 S. Commerce Ave. Sebring, FL 33870 (883) 402-6586 NOTARY PUBLIC STATE OF FLORIDA 5 Myles A. Hoover P.a. Exhibit B 191493 + 159 e159 TRUBTES'S oRED THE INDENTURE, made thle 28th auy of Septanter Av.58) by ond between WUE £. ae Teele ander nec ty virwne of theos tertain Trust Agreements with Avod Park Chamber of Cammersa, & bon-pesht Corpomntiin of the State of Piorida, dated the Bist day of August, A), 1433 and tnetbe th day of Jamonry,A. 19ET, evapecti anit reorted in Oficial Record Book 18, Vauge TA snd Otticiat Record) Book 22, Page 424, Publicvely, Records of Highinnde County, Ploetda, huewinn ier «ake Ports of the Piret Pat, ant SOMAND WR. ROGAN end ROSE B, BOCAM, busbend and wire uf thee Canaan of atk Sate of , arias whens yout often wildeeseis RUOL LSth shake Worth,Avenue South Figsiae persinatter cubed Part Len ‘of the Bacewst Part, WITRESSE thet veld PartyTH, of the Pirat Fart, for at in onaaideration of the sum vt Ten Ditters E10.00) at otter ‘comabderations in Kart paid, tha recent whareal i hereky nvkmvwhsbeed, bap granted. bargained, xobl xed transferred, and ty Uren prenents dues arunt, Dari nett andn,trawater ate tse Pert oie of the Hicaosh Park and Chale hele and meeiyme forever al that certain peeve) ut ened tying amd biog fo the County of Hiahlande and State of Fiochia, inote partivulusly Areceiten! aw follows: 29 and 20, In Mock 1 f Lote 2 Hat Ba, ‘WED SILO #aree ADDTION AVON PARK LARES/s in Plat Book ot iat betonning of in aay iknds Coonty, Plockda, teasthor with any and all apprortena: LavenPome 9 a 55, tservantis ‘sil to any imac Yringerisabetwe apperininink, inrbodiny ait right, title amd interest of he srmitoa auldons Tota and the center five of amy slescin, en ae ADS aX Awe by anid plat, aubjeet ty right of Frawred in the peste, va Oo HAVE AND 17 How ue asume:doneeta fonhy aimpin, SUBSCT in alt sespecia te Oke arteral nant: saitt plat hod a et forth is Se hedue “A reintes oe the meverse side herent and ineseperstet herein hy reference, Saijeet aloe ta tuxen for the your 1963 aint mukmaqugmt peerm Data oblast alee The Te to two 0, Fae coat ot Ee ‘any.yi. memeffet on the wOisle of waisd wtalavinion oie by eleaned of heldreserved to treatta the Crate iat fiation. lens anit(eonTeasesence! te pewviomniyea 1 aewhen may deformed, determined by Avon Park Chamier A aan. af In WITNESS ihe suid Party of the Fient Part haw herewnte, set Mia hand and wea, day saad yoke Hest above wit ae, mend and deliverin wd Bibi, (2) me 1g a o£ Lawcle STATE OF FLOMIDA COUNTY OF GHLANDS } A ERABY CERTIY that on thin A.D. 1462 before me, the undersizmed authoyity, perwonally appeared =ey RUEot E, Vetober MUBNALLES ‘se Truntee eiiior thase Trost ie referred to herein for wit purgones, ta me wall keowsy to be the parwon descrsinn! fo and whe ‘ofextoabed which: thefe tin be hin Tree wet amd un tor the: ones wad urpewen therein expressed, + WTENEHA acy siymatars and elficial weal at Atco Park in the County of Highlands and Stete of artd, the Hay and ent inek niorwanld, whe Loos A fe ‘Mer Ceessninaton waptrer: Pits. suebapeat Pcie Sevan ot Sues Pp ‘b etaaaer Je 8, 1805, 6 Myles A. Hoover p.a