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Filing # 165428369 E-Filed 01/25/2023 11:57:45 AM
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CASE NO.: 2022 CA 1956
SHANBRU, INC., a Florida corporation,
Plaintiff,
vs.
ROSEMARY MULVIHILL; et al.,
Defendants.
/
MOTION FOR FINAL JUDGMENT QUIETING TITLE
COMES NOW, the Plaintiff, SHANBRU INC., by and through its undersigned attorney, and moves
this Court for entry of a Final Judgment Quieting Title and as grounds therefore would show unto this Court
that:
The undersigned filed a lawsuit on behalf of the above referenced Plaintiff to quiet title to the real
property described as follows:
PARCEL NO. 1
SEC 23 TWP 17 RGE 20 FLORIDA HIGHLANDS TRACT 142 BEING MORE
FULLY DESCRIBED AS FOLLOWS: E % OF NW % OF NE % OF SE 4% OF NW %
OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL IDENTIFICATION NO: 4089-142-000
PARCEL NO. 2
SEC 19 TWP 17 RGE 21 FLORIDA HIGHLANDS TRACT 185 BEING MORE
FULLY DESCRIBED AS FOLLOWS: W % OF SW % OF NW % OF SE %4 OF NE
1/4 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL IDENTIFICATION NO: 4122-185-000
PARCEL NO. 3
SEC 23 TWP 17 RGE 20 FLORIDA HIGHLANDS TRACT 22 BEING MORE
FULLY DESCRIBED AS FOLLOWS: E % OF NW % OF NE 4 OF NW 4 OF NE %
OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL IDENTIFICATION NO: 4089-022-000
PARCEL NO. 4
SEC 24 TWP 16 RGE 24 N 100 FT OF S 450 FT OF W 87.12 FT OF E 650 FT OF N
Â¥, OF S 1/4 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL IDENTIFICATION NO: 36965-018-00
PARCEL NO. 5
SEC 24 TWP16 RGE 22 S 50 FT OF W 87.12 FT OF E 650 FT OF N % OF SE 1/4
OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
PARCEL IDENTIFICATION NO: 36965-012-00
PARCEL NO. 6
SEC 13 TWP 13 RGE 19 THE VILLAGE OF HIDDEN LAKES BLK C LOT 4 PLAT
BOOK 004 PAGE 092 OF THE PUBLIC RECORDS OF MARION COUNTY,
FLORIDA.
PARCEL IDENTIFICATION NO: 05750-003-04
AS TO PARCEL NO. 1
Defendants, ROSEMARY MULVIHILL; UNKNOWN HEIRS OF ROSEMARY MULVIHILL,
if any; WILLIAM FALLACRA a/k/a MANUEL WILLIAM FALLACRA; UNKNOWN HEIRS OF
WILLIAM FALLACRA a/k/a MANUEL WILLIAM FALLACRA, if any; MARY FALLACRA; and
UNKNOWN HEIRS OF MARY FALLACRA, if any, were served via Publication. The Proof of
Publication was filed with the court on January 9, 2023.
Defendants, ROSEMARY MULVIHILL; UNKNOWN HEIRS OF ROSEMARY MULVIHILL,
if any, WILLIAM FALLACRA a/k/a MANUEL WILLIAM FALLACRA; UNKNOWN HEIRS OF
WILLIAM FALLACRA a/k/a MANUEL WILLIAM FALLACRA, if any; MARY FALLACRA; and
UNKNOWN HEIRS OF MARY FALLACRA, if any, filed an Answer through their Attorney Ad Litem
on January 24, 2023, but have failed to raise defenses to the allegations set forth herein.
No parties have answered claiming any interest in the above-described property adverse to the
Plaintiff, and Defaults have been entered against the parties served who have not responded to the
Complaint.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment Quieting Title for Parcel
No. | described above in the name of SHANBRU INC., a Florida corporation, and as grounds therefore
would further show unto this Court the following chain of title:
AS TO PARCEL NO. 1
1 The Clerk of Circuit Court of Marion County, Florida conveyed the above-described
property to the Plaintiff, SHANBRU INC., a Florida corporation, by Tax Deed dated July 20, 2022 and
recorded in Official Records Book 7837, Pages 991-993, Public Records of Marion County, Florida.
2. Defendants, ROSEMARY MULVIHILL, UNKNOWN HEIRS OF ROSEMARY
MULVIHILL, if any; WILLIAM FALLACRA a/k/a MANUEL WILLIAM FALLACRA; UNKNOWN
HEIRS OF WILLIAM FALLACRA a/k/a MANUEL WILLIAM FALLACRA, if any; MARY
FALLACRA; and UNKNOWN HEIRS OF MARY FALLACRA, may claim an interest in the subject
property by way of a Deed which was recorded in Official Records Book 101, Page 68, Public Records of
Marion County, Florida, however all assessments accruing prior to the issuance of the Tax Deed were
extinguished by the issuance of the Tax Deed.
The Plaintiff is, therefore, entitled to a Default Final Judgment Quieting Title as to Parcel No. | as
a matter of law and, therefore, moves the Court to enter a Final Judgment Quieting Title as to Parcel No. 1
in its favor upon the Complaint, as filed, against the above-named Defendants.
AS TO PARCEL NO. 2
The Defendants, ALBERT GORDON LYTTON and UNKNOWN HEIRS OF ALBERT
GORDON LYTTON, if any, were served with a copy of the Summons and Complaint and failed to file any
papers or Answer with the Court or the undersigned. A Default was entered with the Court on November
18, 2022.
No parties have answered claiming any interest in the above-described property adverse to the
Plaintiff, and Defaults have been entered against the parties served who have not responded to the
Complaint.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment Quieting Title for Parcel
No. 2 described above in the name of SHANBRU INC., a Florida corporation, and as grounds therefore
would further show unto this Court the following chain of title:
AS TO PARCEL NO. 2
1 The Clerk of Circuit Court of Marion County, Florida conveyed the above-described
property to the Plaintiff, SHANBRU INC., a Florida corporation, by Tax Deed dated March 9, 2022 and
recorded in Official Records Book 7722, Pages 520-522, Public Records of Marion County, Florida.
2. Defendants, ALBERT GORDON LYTTON and UNKNOWN HEIRS OF ALBERT
GORDON LYTTON, if any, may claim an interest in the subject property by way of a Deed which was
recorded in Official Records Book 742, Page 393, Public Records of Marion County, Florida, however all
assessments accruing prior to the issuance of the Tax Deed were extinguished by the issuance of the Tax
Deed.
The Plaintiff is, therefore, entitled to a Default Final Judgment Quieting Title as to Parcel No. 2 as
a matter of law and, therefore, moves the Court to enter a Final Judgment Quieting Title as to Parcel No. 2
in its favor upon the Complaint, as filed, against the above-named Defendants.
AS TO PARCEL NO. 3
The Defendants, ANNA SUSLJE and UNKNOWN HEIRS OF ANNA SUSLIE, if any, a Florida
were served via Publication. The Proof of Publication was filed with the Court on January 9, 2023.
Defendants, ANNA SUSLJE and UNKNOWN HEIRS OF ANNA SUSLIE, if any, filed an Answer
through their Attorney Ad Litem on January 24, 2022, but have failed to raise defenses to the allegations
set forth herein.
No parties have answered claiming any interest in the above-described property adverse to the
Plaintiff, and Defaults have been entered against the parties served who have not responded to the
Complaint.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment Quieting Title for Parcel
No. 3 described above in the name of SHANBRU INC., a Florida corporation, and as grounds therefore
would further show unto this Court the following chain of title:
AS TO PARCEL NO. 3
1 DO IT YOURSELF RETIREMENT, LLC conveyed the above-described property to the
Plaintiff, SHANBRU INC., a Florida corporation, by Quitclaim Deed dated August 10, 2022 and recorded
in Official Records Book 852, Pages 413, Public Records of Marion County, Florida.
2 Defendants, ANNA SUSLJE and UNKNOWN HEIRS OF ANNA SUSLIJE, if any, may
claim an interest in the subject property by way of a Deed which was recorded in Official Records Book
1142, Page 1010, Public Records of Marion County, Florida, however all assessments accruing prior to the
issuance of the Quitclaim Deed were extinguished by the issuance of the Quitclaim Deed.
The Plaintiff is, therefore, entitled to a Default Final Judgment Quieting Title as to Parcel No. 3 as
a matter of law and, therefore, moves the Court to enter a Final Judgment Quieting Title as to Parcel No. 3
in its favor upon the Complaint, as filed, against the above-named Defendants.
AS TO PARCEL NO. 4
The Defendants, PAUL J. REMLINGER and UNKNOWN HEIRS OF PAUL J. REMLINGER, IF
ANY, were served via Publication. The Proof of Publication was filed with the Court on January 9, 2023.
Defendants, PAUL J. REMLINGER and UNKNOWN HEIRS OF PAUL J. REMLINGER, if any,
filed an Answer through their Attorney Ad Litem on January 24, 2023, but have failed to raise defenses to
the allegations set forth herein.
No parties have answered claiming any interest in the above-described property adverse to the
Plaintiff, and Defaults have been entered against the parties served who have not responded to the
Complaint.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment Quieting Title for Parcel
No. 4 described above in the name of SHANBRU INC., a Florida corporation, and as grounds therefore
would further show unto this Court the following chain of title:
AS TO PARCEL NO. 4
1 The above-described property was conveyed to the Plaintiff, SHANBRU INC., a Florida
corporation, by Quitclaim Deed recorded in Official Records Book 7852, Page 412, Public Records of
Marion County, Florida.
2 Defendants, PAUL J. REMLINGER and UNKNOWN HEIRS OF PAUL J. REMLINGER,
IF ANY, may claim an interest in the subject property by way of a Deed which was recorded in Official
Records Book 228, Page 649, Public Records of Marion County, Florida, however all assessments accruing
prior to the issuance of the Quitclaim Deed were extinguished by the issuance of the Quitclaim Deed.
The Plaintiff is, therefore, entitled to a Default Final Judgment Quieting Title as to Parcel No. 4 as
a matter of law and, therefore, moves the Court to enter a Final Judgment Quieting Title as to Parcel No. 4
in its favor upon the Complaint, as filed, against the above-named Defendants.
AS TO PARCEL NO.5
The Defendants, GARY J. KAPPHAHN; UNKNOWN HEIRS OF GARY J. KAPPHAMN, if any;
JANE A. KAPPHAHN; and UNKNOWN HEIRS OF JANE A. KAPPHAHN, if any, were served via
Publication. The Proof of Publication was filed with the Court on January 9, 2023.
Defendants, GARY J. KAPPHAHN; UNKNOWN HEIRS OF GARY J. KAPPHAMN, if any;
JANE A. KAPPHAHN; and UNKNOWN HEIRS OF JANE A. KAPPHAMN, if any, filed an Answer
through their Attorney Ad Litem on January 24, 2022, but have failed to raise defenses to the allegations
set forth herein.
No parties have answered claiming any interest in the above-described property adverse to the
Plaintiff, and Defaults have been entered against the parties served who have not responded to the
Complaint.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment Quieting Title for Parcel
No. 5 described above in the name of SHANBRU INC., a Florida corporation, and as grounds therefore
would further show unto this Court the following chain of title:
AS TO PARCEL NO. 5
1 The above-described property was conveyed to the Plaintiff, SHANBRU INC., a Florida
corporation, by Quitclaim Deed recorded in Official Records Book 7852, Page 411, Public Records of
Marion County, Florida.
2. Defendants, GARY J. KAPPHAHN; UNKNOWN HEIRS OF GARY J. KAPPHAHN, if
any; JANE A. KAPPHAHN; and UNKNOWN HEIRS OF JANE A. KAPPHAMN, if any, may claim an
interest in the subject property by way of a Deed which was recorded in Official Records Book 288, Page
653, Public Records of Marion County, Florida, however all assessments accruing prior to the issuance of
the Quitclaim Deed were extinguished by the issuance of the Quitclaim Deed.
The Plaintiff is, therefore, entitled to a Default Final Judgment Quieting Title as to Parcel No. 5 as
a matter of law and, therefore, moves the Court to enter a Final Judgment Quieting Title as to Parcel No. 5
in its favor upon the Complaint, as filed, against the above-named Defendants.
AS TO PARCEL NO. 6
The Defendants, MAXINE BLOCK; UNKNOWN HEIRS OF MAXINE BLOCK, if any; and
REGIONS BANK, were served via Publication. The Proof of Publication was filed with the Court on
January 9, 2023.
Defendants, MAXINE BLOCK; UNKNOWN HEIRS OF MAXINE BLOCK, if any; and
REGIONS BANK, filed an Answer through their Attorney Ad Litem on January 24, 2022, but have failed
to raise defenses to the allegations set forth herein.
Defendants, BRIAN M. THAYER; UNKNOWN HEIRS OF BRIAN M. THAYER, if any;
JACQUELINE THAYER; UNKNOWN HEIRS OF JACQUELINE THAYER, if any; and THE VILLAGE
AT HIDDEN LAKES PROPERTY OWNERS ASSOCIATION, INC., were served with a copy of the
Summons and Complaint and failed to file any papers or Answer with the Court or the undersigned. A
Default was entered with the Court on October 28, 2022.
No parties have answered claiming any interest in the above-described property adverse to the
Plaintiff, and Defaults have been entered against the parties served who have not responded to the
Complaint.
WHEREFORE, the Plaintiff requests this Court to enter a Final Judgment Quieting Title for Parcel
No. 6 described above in the name of SHANBRU INC., a Florida corporation, and as grounds therefore
would further show unto this Court the following chain of title:
AS TO PARCEL NO. 6
1 The above-described property was conveyed to the Plaintiff, SHANBRU INC., a Florida
corporation, by Quitclaim Deed recorded in Official Records Book 7852, Page 410, Public Records of
Marion County, Florida.
2. Defendants, BRIAN M. THAYER; UNKNOWN HEIRS OF BRIAN M. THAYER, if any;
JACQUELINE THAYER; UNKNOWN HEIRS OF JACQUELINE THAYER, if any, MAXINE BLOCK;
and UNKNOWN HEIRS OF MAXINE BLOCK, if any, may claim an interest in the subject property by
way of a Warranty Deed which was recorded in Official Records Book 4064, Page 310, Public Records of
Marion County, Florida, however all assessments accruing prior to the issuance of the Quitclaim Deed were
extinguished by the issuance of the Quitclaim Deed.
3 Defendant, REGIONS BANK, may claim an interest in the subject property by way of a
Mortgage recorded in Official Records Book 5403, Pages 472-480 of the Public Records of Marion County,
Florida, however all assessments accruing prior to the issuance of the Quitclaim Deed were extinguished
by the issuance of the Quitclaim Deed.
4 Defendant, THE VILLAGE AT HIDDEN LAKES PROPERTY OWNERS
ASSOCIATION, INC., may claim an interest in the subject property by way of a Claim of Lien recorded
in Official Records Book 6411, Page 436 of the Public Records of Marion County, Florida, however all
assessments accruing prior to the issuance of the Quitclaim Deed were extinguished by the issuance of the
Quitclaim Deed.
The Plaintiff is, therefore, entitled to a Default Final Judgment Quieting Title as to Parcel No. 6 as
a matter of law and, therefore, moves the Court to enter a Final Judgment Quieting Title as to Parcel No. 6
in its favor upon the Complaint, as filed, against the above-named Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. Mail
and/or electronic mail this_4\5_ day of January, 2023 to:
Richard Mutarelli, Jr.
35 SE Ist Avenue, Suite 102
Ocala, FL 34471
(Richard@Lawmrm.com)
Douglas Tidwell, Esq.
811 N. Spring Street
Pensacola, FL 32501
(Dtidwell@emeraldcoasttitle.com)
McGraw, Rauba, & Mutarelli, P.A.
Attorneys for Plaintiff
35 SE Ist Avenue, Suite 102
Ocala, FL 34471
(352) 789-6520
Richard Mutarelli, Jr., Esq.
Florida Bar No.: 0115772
Richard Lawmrm.com
Rediff Ir.