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Filing # ME E-Filed 01/18/2023 10:02:18 AM
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT,
IN AND FOR HAMILTON COUNTY, FLORIDA
FIRST FEDERAL BANK,
Plaintiff,
vs. CASE NO.: 2022CA000005
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, CREDITORS, GRANTEES,
ASSIGNEES, LIENORS, TRUSTEES AND
ALL OTHER PARTIES CLAIMING AN
INTEREST BY, THROUGH, UNDER OR
AGAINST THE ESTATE OF CHRISTOPHER
WILLIAMS, DECEASED; et. al.,
Defendants.
/
PLAINTIFF’S MOTION TO VACATE FINAL JUDGMENT, CANCEL JANUARY 25
2023 FORECLOSURE SALE, AND MOTION FOR LEAVE TO AMEND LIS PENDENS
AND COMPLAINT
COMES NOW the Plaintiff, FIRST FEDERAL BANK, by and through its undersigned
attommeys, and motions this Court to enter an Order to Vacate Final Judgment, Cancel January 25,
2023 Foreclosure Sale, and Motion for Leave to Amend Lis Pendens and Complaint and states:
1 On December 6, 2022, this Honorable Court entered a Final Judgment of
Foreclosure pursuant to which a foreclosure sale was scheduled for January 25, 2023.
2. Subsequent to the Final Judgment of Foreclosure being entered, Plaintiff
discovered an error in the Legal Description that was included in the Lis Pendens, Complaint and
Final Judgment of Foreclosure.
3 Trial courts have considerable discretion to allow a party to amend a pleading at
any time and the decisions state that the right to amend is not absolute but it is rarely refused.
See Volpicella v. Vopicella, 136 So.2d 231 (Fla. 2d DCA 1962). All doubts must be resolved in
favor of allowing amendment of pleadings. Thompson v. Publix Supermarkets, Inc. 615 So.2d.
796 (Fla. 2d DCA 1995.)
4 The failure to permit amendment constitutes an abuse of discretion unless it
Matter No.: FL-000102-21
Electronically Filed Hamilton Case # 2200000SCAAXMX 01/18/2023 10:02:18 AMCase No.: 2022CA000005
clearly appears that it would prejudice the opposing party, the privilege to amend has been
abused, or amendment would be futile. Carter v. Ferrell, 666 So.2d 556 (Fla. 2d DCA 1995).
5 Leave to amend will not prejudice the opposing party “when the amendment is
based on the same conduct, transaction, or occurrence as the original claim.” Knipp v.
Weinbaum, 351 So.2d 1081 (Fla. 3d DCA 1977); therefore; amending the Complaint to add
specific allegations as to already named parties’ interest will not prejudice any current party.
6 The legal description needs to be corrected to reflect the correct legal description
which does not mention Parcel A.
7 Plaintiff needs forty-five (45) days to amend the Lis Pendens and Complaint in
order to correct this error.
8 At this time Plaintiff voluntarily moves to vacate the Final Judgment, Cancel
January 25, 2023 Foreclosure Sale, and amend the Lis Pendens and Complaint to include the
proper legal description.
Wherefore, Plaintiff respectfully requests this Honorable Court enter an Order to Vacate
Final Judgment, Cancel January 25, 2023 Foreclosure Sale, and Motion for Leave to Amend Lis
Pendens and Complaint, and Granting Plaintiff forty-five (45) days to Amend the Lis Pendens
and Complaint.
/s/ Kelley L. Church
Kelley L. Church, Esquire
Florida Bar No.: 100194
Quintairos, Prieto, Wood & Boyer, P.A.
255 S. Orange Ave., Ste. 900
Orlando, FL 32801-3454
(407) 872-6011
(407) 872-6012 Facsimile
E-mail: servicecopies@qpwblaw.com
E-mail: kchurch@qpwblaw.com
Attorney for Plaintiff
Matter No.: FL-000102-21
Case No.: 2022CA000005
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail
and/or e-mail on this 18" day of January, 2023 on the following:
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, CREDITORS, GRANTEES,
ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN
INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF CHRISTOPHER
WILLIAMS, DECEASED
9509 SOUTHEAST 144TH AVENUE
WHITE SPRINGS, FL 32096
YVETTE M. LINDSAY A/K/A YVETTE LINDSAY A/K/A SAIDAH LINDSAY
1775 BRANCH ROAD
YORK, SC 29745
CHRISTOPHER CHAMBERS
1629 ELAINE STREET
PHILADELPHIA PA 19150
CHRISTOPHER CHAMBERS
1809 W CHAMPLOST ST
PHILADELPHIA PA 19141 1317
ANDREA DASHAWN WILLIAMS
2151 CUMBERLAND PKWY S.E. APT 1428
ATLANTA GA 30339
ANDREA DASHAWN WILLIAMS
8519 LANSDALE COURT
ORLANDO FL 32818
/s/ Kelley L. Church
Kelley L. Church, Esquire
Florida Bar No.: 100194
Quintairos, Prieto, Wood & Boyer, P.A.
255 S. Orange Ave., Ste. 900
Orlando, FL 32801-3454
(407) 872-6011
(407) 872-6012 Facsimile
E-mail: servicecopies@qpwblaw.com
E-mail: kchurch@qpwblaw.com
Attorney for Plaintiff
Matter No.: FL-000102-21
Case No.: 2022CA000005
Preview
Filing # ME E-Filed 01/18/2023 10:02:18 AM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT, IN AND FOR HAMILTON COUNTY, FLORIDA FIRST FEDERAL BANK, Plaintiff, vs. CASE NO.: 2022CA000005 UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, CREDITORS, GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF CHRISTOPHER WILLIAMS, DECEASED; et. al., Defendants. / PLAINTIFF’S MOTION TO VACATE FINAL JUDGMENT, CANCEL JANUARY 25 2023 FORECLOSURE SALE, AND MOTION FOR LEAVE TO AMEND LIS PENDENS AND COMPLAINT COMES NOW the Plaintiff, FIRST FEDERAL BANK, by and through its undersigned attommeys, and motions this Court to enter an Order to Vacate Final Judgment, Cancel January 25, 2023 Foreclosure Sale, and Motion for Leave to Amend Lis Pendens and Complaint and states: 1 On December 6, 2022, this Honorable Court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for January 25, 2023. 2. Subsequent to the Final Judgment of Foreclosure being entered, Plaintiff discovered an error in the Legal Description that was included in the Lis Pendens, Complaint and Final Judgment of Foreclosure. 3 Trial courts have considerable discretion to allow a party to amend a pleading at any time and the decisions state that the right to amend is not absolute but it is rarely refused. See Volpicella v. Vopicella, 136 So.2d 231 (Fla. 2d DCA 1962). All doubts must be resolved in favor of allowing amendment of pleadings. Thompson v. Publix Supermarkets, Inc. 615 So.2d. 796 (Fla. 2d DCA 1995.) 4 The failure to permit amendment constitutes an abuse of discretion unless it Matter No.: FL-000102-21 Electronically Filed Hamilton Case # 2200000SCAAXMX 01/18/2023 10:02:18 AMCase No.: 2022CA000005 clearly appears that it would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile. Carter v. Ferrell, 666 So.2d 556 (Fla. 2d DCA 1995). 5 Leave to amend will not prejudice the opposing party “when the amendment is based on the same conduct, transaction, or occurrence as the original claim.” Knipp v. Weinbaum, 351 So.2d 1081 (Fla. 3d DCA 1977); therefore; amending the Complaint to add specific allegations as to already named parties’ interest will not prejudice any current party. 6 The legal description needs to be corrected to reflect the correct legal description which does not mention Parcel A. 7 Plaintiff needs forty-five (45) days to amend the Lis Pendens and Complaint in order to correct this error. 8 At this time Plaintiff voluntarily moves to vacate the Final Judgment, Cancel January 25, 2023 Foreclosure Sale, and amend the Lis Pendens and Complaint to include the proper legal description. Wherefore, Plaintiff respectfully requests this Honorable Court enter an Order to Vacate Final Judgment, Cancel January 25, 2023 Foreclosure Sale, and Motion for Leave to Amend Lis Pendens and Complaint, and Granting Plaintiff forty-five (45) days to Amend the Lis Pendens and Complaint. /s/ Kelley L. Church Kelley L. Church, Esquire Florida Bar No.: 100194 Quintairos, Prieto, Wood & Boyer, P.A. 255 S. Orange Ave., Ste. 900 Orlando, FL 32801-3454 (407) 872-6011 (407) 872-6012 Facsimile E-mail: servicecopies@qpwblaw.com E-mail: kchurch@qpwblaw.com Attorney for Plaintiff Matter No.: FL-000102-21 Case No.: 2022CA000005 CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail and/or e-mail on this 18" day of January, 2023 on the following: UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, CREDITORS, GRANTEES, ASSIGNEES, LIENORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF CHRISTOPHER WILLIAMS, DECEASED 9509 SOUTHEAST 144TH AVENUE WHITE SPRINGS, FL 32096 YVETTE M. LINDSAY A/K/A YVETTE LINDSAY A/K/A SAIDAH LINDSAY 1775 BRANCH ROAD YORK, SC 29745 CHRISTOPHER CHAMBERS 1629 ELAINE STREET PHILADELPHIA PA 19150 CHRISTOPHER CHAMBERS 1809 W CHAMPLOST ST PHILADELPHIA PA 19141 1317 ANDREA DASHAWN WILLIAMS 2151 CUMBERLAND PKWY S.E. APT 1428 ATLANTA GA 30339 ANDREA DASHAWN WILLIAMS 8519 LANSDALE COURT ORLANDO FL 32818 /s/ Kelley L. Church Kelley L. Church, Esquire Florida Bar No.: 100194 Quintairos, Prieto, Wood & Boyer, P.A. 255 S. Orange Ave., Ste. 900 Orlando, FL 32801-3454 (407) 872-6011 (407) 872-6012 Facsimile E-mail: servicecopies@qpwblaw.com E-mail: kchurch@qpwblaw.com Attorney for Plaintiff Matter No.: FL-000102-21 Case No.: 2022CA000005