On December 21, 2007 a
Motion to Dismiss
was filed
involving a dispute between
Pnc Mortgage,
and
Derek Benson,
Jane Doe,
John Doe,
Unknown Parties,
Unknown Spouse Of Derek R Benson,
for CA Mortgage Foreclosure
in the District Court of Lee County.
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2/18/2008 4:42 PM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
NATIONAL CITY BANK D/B/A NATIONAL
CITY MORTGAGE, CASE NO.: 07-CA-018024
Plaintiff,
vs.
DEREK R. BENSON, et al.
Defendants.
/
DEFENDANT, DEREK R. BENSON’S MOTION TO DISMISS COMPLAINT
Defendant, DEREK R. BENSON, by and through his undersigned attorney, moves
for the dismissal of the Complaint of NATIONAL CITY BANK D/B/A NATIONAL CITY
MORTGAGE and says:
1. Plaintiff has failed to attach the Promissory Note upon which suit is
predicated and the terms of Exhibit “B” are incomplete and do not serve to establish the
terms necessary to enforce the original promissory note.
WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and he be
awarded his fees pursuant to Section 57.105 Florida Statutes and his court costs. Plaintiff
additionally prays for a trial by jury on all matters triable by right.
Dated this 14" day of February, 2008.
Respectfully submitted,
CHARLIP LAW GROUP, LC
Harrison Executive Centre
1930 Harrison Street, Suite 208
Hollywo
O54CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the Motion to Dismiss
Complaint was forwarded via facsimile and U.S. Mail to Counsel on this 14" day of
February, 2008 to Suly M. Espinoza, Esquire, of the Law Offices of David J. Stern, P.A. 801 S.
University Drive, Suite 500, Plantation, Florida 33324; Facsimile (954) 233-8333.
Respectfully submitted,
Charlip Law Group, LC
Harrison Executive Centre
1930 Harrison Street, Suite 208
Hollywood, FL 33020
Tel: (954) 921-2131
Document Filed Date
February 18, 2008
Case Filing Date
December 21, 2007
Category
CA Mortgage Foreclosure
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2/18/2008 4:42 PM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION NATIONAL CITY BANK D/B/A NATIONAL CITY MORTGAGE, CASE NO.: 07-CA-018024 Plaintiff, vs. DEREK R. BENSON, et al. Defendants. / DEFENDANT, DEREK R. BENSON’S MOTION TO DISMISS COMPLAINT Defendant, DEREK R. BENSON, by and through his undersigned attorney, moves for the dismissal of the Complaint of NATIONAL CITY BANK D/B/A NATIONAL CITY MORTGAGE and says: 1. Plaintiff has failed to attach the Promissory Note upon which suit is predicated and the terms of Exhibit “B” are incomplete and do not serve to establish the terms necessary to enforce the original promissory note. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and he be awarded his fees pursuant to Section 57.105 Florida Statutes and his court costs. Plaintiff additionally prays for a trial by jury on all matters triable by right. Dated this 14" day of February, 2008. Respectfully submitted, CHARLIP LAW GROUP, LC Harrison Executive Centre 1930 Harrison Street, Suite 208 Hollywo O54CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the Motion to Dismiss Complaint was forwarded via facsimile and U.S. Mail to Counsel on this 14" day of February, 2008 to Suly M. Espinoza, Esquire, of the Law Offices of David J. Stern, P.A. 801 S. University Drive, Suite 500, Plantation, Florida 33324; Facsimile (954) 233-8333. Respectfully submitted, Charlip Law Group, LC Harrison Executive Centre 1930 Harrison Street, Suite 208 Hollywood, FL 33020 Tel: (954) 921-2131