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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 I)
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, 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, (“ED 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, (“E DEFREYTAS”); 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, ED DEFREYTAS, E DEFREYTAS, 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 1129, 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, ED DEFREYTAS, and E DEFREYTAS, obtained title to the subject
real property, described on the attached Exhibit “B”, as follows:
A Said land was conveyed to Defendants, ED DEFREYTAS, and E
DEFREYTAS, by a Warranty Deed dated September 21, 1960, and executed by
Highlands Downs, INC, as the grantor. The Warranty Deed was recorded on
October 21, 1960, at Official Records Book 106, Page 403, of the Public Records
of Highlands County, Florida.
Any interest of ED DEFREYTAS, E DEFREYTAS, 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, ED DEFREYTAS, and E DEFREYTAS, 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.
1 Island Ave, # 406
Miami Beach, FL 33139
3
Myles A. Hoover P.a.
Telephone 786.312.0803
By:4/Myles A. Hoover.
MYLES A. HOOVER (FBN 1026217)
Email: myleshooveresq@gmail.cor
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 FILE#: 2176161 OR BK 3007 PG 1129 PAGES: 4
LL/2/2023 1:22:16 PM REC FEES: $10.00 DEED Doc: 528.00
D.C. PGAMEZ] JEROME KASZUBOWSKI CLERK OF COURTS, HIGHLANDS CO.
Fae No 2300036:
Parsel identification No. ©-20-34-49-150-0200-0160.
Tax Deed
STATE OF FLORIDA
COUNTY OF HIGHLANDS
‘The following Tax Sale Cestificate Numbered 8838 issued
in June 1, 2021 wes filed on the office of the Tax Collector of this
County std application made for the Issuance of a tok the applicant having paid ot redoeened all other taxes oF tax sale
‘cestificates on the land described as sequined by law to be paid or redeemed, and the costs and expenses of this sale, and
due notice
at sale bawing boon published as required by law, and no person entitied to do se having to redeem suid land: such tend
was sold on the fst day of November 2023 offered fur sole as required by law for ensh to the highest bidder and was sold to:
FLORIDA DREAM LANDS LUC
ADDRESS:
1816 CHADBURY LOOF
DAVENPORT, FL33837
belng the highest bidder and having paid the mum of their bid as required by the Laws of Florida, NOW, this the 2nd day of
November 2023 County of Highlands, State of Flovida, in consideration of the sum of $4,000.00, being the an mountpaid purmsant
‘of the Laws af Florids does hereby sell the following lands situated in the County end State of foresaid and describedas follows:
LOTS 16 AND 37, BLOCK 29, HIGHLANDS PARK ESTA’ TES, SECTION RK. ACCORDING TO THE PLAT THEREOR,
RECORDED IN PLAT BOOK 4, PAGE 17, OF THE PUBLIC RECORDS OF HIGHLANDS COUNTY, FLORIDA,
WITNESS:
Clerk of the Cirealt
Court
iE FISHEL
= Highlands County, Florida
~~ Ke
ne
ie
ey. sare
IOREA M EURES ss ceeiteertenetnteiie
“ties
Jerome Kasmibowski, Clerk of the Court
STATE OF FLORIDA
COUNTY OF HIGHLANDS
The ing instrament was acknowled beforeged
mv this 2st day of November,
2023 by Jerome Kaszubows
Clerk
kl,of the
‘Clrouis Cost, Highlands County, Plorida who is personally knownto ma.
Jame
P Lissenenty
PreparedBy: Skate
of Florey
Jerome Kaszubowski, Comm wnnrao a6
Clerk of the Cireult Court
590 5. Commerce Ave, Sebring, FL 3. toe
(863) 402-6586 NOTARY PUBLIC STATE OF FLORIDA
5
Myles A. Hoover P.a.
Exhibit B
a ot eee
‘eananer ote : Chis
PPUB7S Dadenture 06 »c409
Mads thin teremtpaPiet age sang betwee,
——ADE
SOD, THs. * apie ca Kame af the Sante of”
hang ppl lof a a PUG, glands Cyc pry th ik te
PAs 1his Tobe,
28
ia the exsenyat sR pn dn the vanceof Soe Torte
pavcat: of dn negad pert
Srv, cl ips i nu edn lio ik nai
{6RH0} nad orbs good nod vateote conaldinalons, 40 ts im hand paid, dhe receipt whervol la Surety ekeerwt
edg , tas griated, Surgsiond, wold, bemieed amd ccbeomd sain che mid param of che uecond part and thet
helen und assign fooever, ski that evtoly parcal of toad Uyling. etd belag to. the Coeey of Highlusds, Seuss of
Florida wod being mane pacticaarty 2oerTok os Fallows
ton Mombered 36 andMT. abe Bie Nanber. 29... Section B, of RIGHLANDS PARK ESTATES,
4 mhdividon, scsonking to che Simp Gnd ta Mop Book S , Page17 +f tha Pubic Reconda of Mighlands
(Cossiy, Flsetia
Said partion. ....of the moned par, for etur tion snd semigen, bership acc ty ncempiamcn of this Deed
aoremast ued eat cha said premio atl be nad wad complied mtjact te oitlsy sevements
Pen ie oe 8 i se enn er a ee
eet Seams eee
* Pee weet
ena
pe pines lien tewana
TERA eee ce
aes cea
ere eM RTS EAU SE ae
‘Bees SELES tovemierr
faearsee Eee aie mweeacr ne
«Se ane seen renee ene
- Dawnsesanenanceae on Ene eivELH
Bogetiyer
aw at she tonacery, torndtceate ohilh avery peteitage, eight, sbibe, taserest
sand tase, cartesbon, remaieder and enimects shares batons ov be wats
Dar Bae
aud to Bakd ve seve te jee simple foroeer:
fied the cont salt the sais pet ae ‘he aaron pat Has bs
ok eo pen bey iy maa atie goed hsrigh andnd, ek
‘Aad Premloese
that Ube ‘of at denis
fo all Te sem) sad the
ll defend she seme ppt! te Ht fae
esl pty of hr fe por ars
Prsteats
to ba egBy es:
Jal efieed, atbcaied
‘the day enek sear above
Salil gk Detiveced ie Quer Prevents
Sot A ALE Le
as on ttle. ~weanasy
2s se
Myles A. Hoover p.a
Preview
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 I) 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, 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, (“ED 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, (“E DEFREYTAS”); 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, ED DEFREYTAS, E DEFREYTAS, 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 1129, 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, ED DEFREYTAS, and E DEFREYTAS, obtained title to the subject real property, described on the attached Exhibit “B”, as follows: A Said land was conveyed to Defendants, ED DEFREYTAS, and E DEFREYTAS, by a Warranty Deed dated September 21, 1960, and executed by Highlands Downs, INC, as the grantor. The Warranty Deed was recorded on October 21, 1960, at Official Records Book 106, Page 403, of the Public Records of Highlands County, Florida. Any interest of ED DEFREYTAS, E DEFREYTAS, 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, ED DEFREYTAS, and E DEFREYTAS, 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. 1 Island Ave, # 406 Miami Beach, FL 33139 3 Myles A. Hoover P.a. Telephone 786.312.0803 By:4/Myles A. Hoover. MYLES A. HOOVER (FBN 1026217) Email: myleshooveresq@gmail.cor 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 FILE#: 2176161 OR BK 3007 PG 1129 PAGES: 4 LL/2/2023 1:22:16 PM REC FEES: $10.00 DEED Doc: 528.00 D.C. PGAMEZ] JEROME KASZUBOWSKI CLERK OF COURTS, HIGHLANDS CO. Fae No 2300036: Parsel identification No. ©-20-34-49-150-0200-0160. Tax Deed STATE OF FLORIDA COUNTY OF HIGHLANDS ‘The following Tax Sale Cestificate Numbered 8838 issued in June 1, 2021 wes filed on the office of the Tax Collector of this County std application made for the Issuance of a tok the applicant having paid ot redoeened all other taxes oF tax sale ‘cestificates on the land described as sequined by law to be paid or redeemed, and the costs and expenses of this sale, and due notice at sale bawing boon published as required by law, and no person entitied to do se having to redeem suid land: such tend was sold on the fst day of November 2023 offered fur sole as required by law for ensh to the highest bidder and was sold to: FLORIDA DREAM LANDS LUC ADDRESS: 1816 CHADBURY LOOF DAVENPORT, FL33837 belng the highest bidder and having paid the mum of their bid as required by the Laws of Florida, NOW, this the 2nd day of November 2023 County of Highlands, State of Flovida, in consideration of the sum of $4,000.00, being the an mountpaid purmsant ‘of the Laws af Florids does hereby sell the following lands situated in the County end State of foresaid and describedas follows: LOTS 16 AND 37, BLOCK 29, HIGHLANDS PARK ESTA’ TES, SECTION RK. ACCORDING TO THE PLAT THEREOR, RECORDED IN PLAT BOOK 4, PAGE 17, OF THE PUBLIC RECORDS OF HIGHLANDS COUNTY, FLORIDA, WITNESS: Clerk of the Cirealt Court iE FISHEL = Highlands County, Florida ~~ Ke ne ie ey. sare IOREA M EURES ss ceeiteertenetnteiie “ties Jerome Kasmibowski, Clerk of the Court STATE OF FLORIDA COUNTY OF HIGHLANDS The ing instrament was acknowled beforeged mv this 2st day of November, 2023 by Jerome Kaszubows Clerk kl,of the ‘Clrouis Cost, Highlands County, Plorida who is personally knownto ma. Jame P Lissenenty PreparedBy: Skate of Florey Jerome Kaszubowski, Comm wnnrao a6 Clerk of the Cireult Court 590 5. Commerce Ave, Sebring, FL 3. toe (863) 402-6586 NOTARY PUBLIC STATE OF FLORIDA 5 Myles A. Hoover P.a. Exhibit B a ot eee ‘eananer ote : Chis PPUB7S Dadenture 06 »c409 Mads thin teremtpaPiet age sang betwee, ——ADE SOD, THs. * apie ca Kame af the Sante of” hang ppl lof a a PUG, glands Cyc pry th ik te PAs 1his Tobe, 28 ia the exsenyat sR pn dn the vanceof Soe Torte pavcat: of dn negad pert Srv, cl ips i nu edn lio ik nai {6RH0} nad orbs good nod vateote conaldinalons, 40 ts im hand paid, dhe receipt whervol la Surety ekeerwt edg , tas griated, Surgsiond, wold, bemieed amd ccbeomd sain che mid param of che uecond part and thet helen und assign fooever, ski that evtoly parcal of toad Uyling. etd belag to. the Coeey of Highlusds, Seuss of Florida wod being mane pacticaarty 2oerTok os Fallows ton Mombered 36 andMT. abe Bie Nanber. 29... Section B, of RIGHLANDS PARK ESTATES, 4 mhdividon, scsonking to che Simp Gnd ta Mop Book S , Page17 +f tha Pubic Reconda of Mighlands (Cossiy, Flsetia Said partion. ....of the moned par, for etur tion snd semigen, bership acc ty ncempiamcn of this Deed aoremast ued eat cha said premio atl be nad wad complied mtjact te oitlsy sevements Pen ie oe 8 i se enn er a ee eet Seams eee * Pee weet ena pe pines lien tewana TERA eee ce aes cea ere eM RTS EAU SE ae ‘Bees SELES tovemierr faearsee Eee aie mweeacr ne «Se ane seen renee ene - Dawnsesanenanceae on Ene eivELH Bogetiyer aw at she tonacery, torndtceate ohilh avery peteitage, eight, sbibe, taserest sand tase, cartesbon, remaieder and enimects shares batons ov be wats Dar Bae aud to Bakd ve seve te jee simple foroeer: fied the cont salt the sais pet ae ‘he aaron pat Has bs ok eo pen bey iy maa atie goed hsrigh andnd, ek ‘Aad Premloese that Ube ‘of at denis fo all Te sem) sad the ll defend she seme ppt! te Ht fae esl pty of hr fe por ars Prsteats to ba egBy es: Jal efieed, atbcaied ‘the day enek sear above Salil gk Detiveced ie Quer Prevents Sot A ALE Le as on ttle. ~weanasy 2s se Myles A. Hoover p.a