Motion,Ex Parte: THE FARMERS NATIONAL BANK OF D vs HYDE, VICKI DELYSE et al

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                                Filing # 101830722 E-Filed 01/17/2020 11:07:25 AM



     IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL
     CIRCUIT IN AND FOR MARION COUNTY, FLORIDA

     THE    FARMERS            NATIONAL       BANK      OF      DANVILLE,      a
     national banking association,

                                             CIVIL DIVISION

                                             CASE NO. 19-CA-2336
               Plaintiff,

     VS.


     VICKI DELYS HYDE; and
     JOHN DOE and             JANE DOE, unknown parties in possession,

               Defendants.


                                   PETITION FOR APPOINTMENT OF
                            GUARDIAN/ATTORNEY/ADMINISTRATOR AD LITEM

                        Plaintiff, THE      FARMERS     NATIONAL         BANK      OF   DANVILLE, a      national

     banking         association       (“Plaintiff”),        petitions   the       Court    to     appoint          a


     Guardian/Attorney/Administrator Ad Litem to represent the interests of the following Defendant:

               VICKI        DELYS   HYDE,    if alive, and if dead, her unknown heirs,      devisees,   grantees,

     judgment creditors and all other parties claiming by, through under or against them, if alive, and

     if dead, their unknown heirs, devisees, grantees, judgment creditors and all other parties claiming

     by, through under or against them.

               Plaintiff has been unable to effect personal service on the said Defendant, after diligent

     search and inquiry.        Plaintiff, therefore, has instituted constructive service on the Defendant by

     publication.     The appointment of a Guardian/Attorney/Administrator Ad Litem may be necessary

     to fully protect Defendant’s positions in this action because Plaintiff has general, but not specific,

     knowledge as to whether the Defendant is deceased, a minor, incapacitated, or in the military.
Plaintiff nominates R. WILLIAM FUTCH to serve as Guardian/Attorney/Administrator

Ad    Litem    for   the    said   Defendant.         The     attached    Affidavit      of   the   proposed

Guardian/Attorney/Administrator Ad Litem demonstrates that he is a Florida resident and is

qualified to serve as Guardian/Attorney/Administrator Ad Litem.

       Plaintiff further respectfully requests that     R. WILLIAM FUTCH be excused from filing

any bond.

       WHEREFORE,          Plaintiff respectfully requests that the Court enter an Order appointing

R. WILLIAM FUTCH as Guardian/Attorney/Administrator Ad Litem for the named Defendant

in this action for the purpose of representing Defendant’s interests in tl       pending action.



                                                            Austin T. Dailey, Es¢f.
                                                            Florida Bar No.:   1011626
                                                            KLEIN & KLEIN, LLC
                                                            40 SE 11" Avenue
                                                            Ocala, FL 34471
                                                            Phone: (352) 732-7750
                                                             U istin@kleinandkleinpa.con
                                                            Attorney for Plaintiff
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL
CIRCUIT IN AND FOR MARION COUNTY, FLORIDA

THE FARMERS NATIONAL BANK OF DANVILLE, a national
banking association,

                                 CIVIL DIVISION

                            CASE NO. 19-CA-2336
       Plaintiff,

vs.

VICKI DELYS HYDE; and
JOHN DOE and JANE DOE, unknown parties in possession,

       Defendants.



       AFFIDAVIT OF GUARDIAN/ATTORNEY/ADMINISTRATOR AD LITEM

STATE OF FLORIDA
COUNTY OF MARION

       BEFORE       ME, the undersigned authority, personally appeared R. WILLIAM           FUTCH

("Affiant"), who, having been first duly sworn, deposes and says as follows from his own personal

knowledge:

        1       Affiant is a Florida resident over the age of eighteen (18) years.

       2        Affiant is licensed to practice law in the State of Florida and has practiced law in

Marion County, Florida, for approximately 38 years.

       3        Affiant is not aware of any interest in the current proceeding that Affiant may hold

that would be adverse to the interests of the Defendant, VICK] DELYS          HYDE, if alive, and if

dead, her unknown heirs, devisees, grantees, judgment creditors and all other parties claiming by,

through under or against them.

       4        Affiant is not aware of any other conflict of interest Affiant might have which

would prevent Affiant from representing the said Defendant in this action.
FURTHER AFFIANT SAYETH NAUGHT.



                                              R. WIL      TA        FUTCH



STATE OF FLORIDA
COUNTY OF MARION

         SWORN TO AND SUBSCRIBED before me by means of Aphysical presence or D online
notarization, this 13 day of January, 2020, by R. WILLIAM FUTCH.



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                                              Produced Identification:
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                                              My Commission Expires:


                                                       KARENA, DAVID
                                                     Commission # GG 258292
                                                        ires October20, 2022
                                                   Bonded Thu Troy Fain insurance 800-385-7019