On December 02, 2013 a
MOTION TO DISMISS - COMPLAINT
was filed
involving a dispute between
Nationstar Mortgage Llc,
and
Thoma, Cindy Mary,
Thoma, John Michael, Jr,
for Civil
in the District Court of Hillsborough County.
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Filing # 11265635 Electronically Filed 03/12/2014 03:56:36 PM
IN THE CIRCUIT COURT GF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY. 1='LoRxDA
NATIONSTAR MORTGAGE. LLC
Plaintiff.
Case No. 208 3-CA-0 I 4646
9
c
JOHN M. THOMA, JR. and CINDY M. RHEA.. et al.,
Defendants.
f
Morton fro DISMISS COMPLAINT
Defendants. JOHN M. 'l`l~I0i\/IA. JR. and CINDY M. RHEA, by and through their
undersigned counsel and pursuant to Fla.R.Civ.P. 1.140, move this Court for an Order dismissing
the Complaint. and would show:
l. Plaintiff is not a resident of Florida yet failed to post the nonresident cost bond
required by Fla. Stat. 57.01 i despite notice. As a result, this Court should enter an Order
dismissing this case without prejudice to Plaintiff filing a new lawsuit.
2. Attached to Plaintiff's Complaint are loan modification papers, However, those
papers reflect the modification was not recorded and that Plaintiff did not pay the documentary
stamp taxes required. As a result. this Court should enter an Order dismissing this case without
prejudice to Plaintiff filing a new lawsuit.
3. Plaintiff fails to allege its interests are superior to that of Defendants. as it alleges
in paragraph 16 that is so "unless as otherwise provided for by law." That allegation, as phrased,
begs the question of whether Plaintiffs interest in the property is superior to that of Defendants.
As a result. this Court should dismiss the Complaint with leave to amend.
WHEREFORE Defendants respectfully requests an Dryer in accordance with the
03/1 2/2014 3:56 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
tlaregoing.
CIERTIFICTATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via electronic mail to SFG'IIampaservice@logs.com, Julie K. Vance, ESQ., Shapiro. Fishman &
Ache, LLP, on this 12th day of March, 2014.
Mark P. Stop Esquire
FBN: 550507
STOPA LAW FIRM
2202 N. West shore Blvd.
Suite 200
Tampa. FL 33607
Telephone:(727) 85 I -9551
ATTORNEY FOR DEFENDANTS
7
03/1 2/2014 3:56 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
Document Filed Date
March 12, 2014
Case Filing Date
December 02, 2013
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Filing # 11265635 Electronically Filed 03/12/2014 03:56:36 PM IN THE CIRCUIT COURT GF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY. 1='LoRxDA NATIONSTAR MORTGAGE. LLC Plaintiff. Case No. 208 3-CA-0 I 4646 9 c JOHN M. THOMA, JR. and CINDY M. RHEA.. et al., Defendants. f Morton fro DISMISS COMPLAINT Defendants. JOHN M. 'l`l~I0i\/IA. JR. and CINDY M. RHEA, by and through their undersigned counsel and pursuant to Fla.R.Civ.P. 1.140, move this Court for an Order dismissing the Complaint. and would show: l. Plaintiff is not a resident of Florida yet failed to post the nonresident cost bond required by Fla. Stat. 57.01 i despite notice. As a result, this Court should enter an Order dismissing this case without prejudice to Plaintiff filing a new lawsuit. 2. Attached to Plaintiff's Complaint are loan modification papers, However, those papers reflect the modification was not recorded and that Plaintiff did not pay the documentary stamp taxes required. As a result. this Court should enter an Order dismissing this case without prejudice to Plaintiff filing a new lawsuit. 3. Plaintiff fails to allege its interests are superior to that of Defendants. as it alleges in paragraph 16 that is so "unless as otherwise provided for by law." That allegation, as phrased, begs the question of whether Plaintiffs interest in the property is superior to that of Defendants. As a result. this Court should dismiss the Complaint with leave to amend. WHEREFORE Defendants respectfully requests an Dryer in accordance with the 03/1 2/2014 3:56 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 tlaregoing. CIERTIFICTATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via electronic mail to SFG'IIampaservice@logs.com, Julie K. Vance, ESQ., Shapiro. Fishman & Ache, LLP, on this 12th day of March, 2014. Mark P. Stop Esquire FBN: 550507 STOPA LAW FIRM 2202 N. West shore Blvd. Suite 200 Tampa. FL 33607 Telephone:(727) 85 I -9551 ATTORNEY FOR DEFENDANTS 7 03/1 2/2014 3:56 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2