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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
iT
RICHARD C. SENKER, Trustee of the Richard w
C. Senker and Patricia A. Senker Land Trust, a a
Florida Land Trust, =
~~
Plaintiff, 3 rm
> 8
VS. CASE NO. 2007 CA 08509 $C ua
SNAVELY SIESTA ASSOCIATES, LLC,
an Ohio Limited Liability Company,
Defendant.
/
STIPULATION TO TRANSFER JUDGMENT LIEN TO_SUPERSEDEAS BOND
Defendant, SNAVELY SIESTA ASSOCIATES, LLC (“Snavely”’), and Plaintiff, RICHARD
C. SENKER, Trustee of the Richard C. Senker and Patricia A Senker Land Trust, a Florida land trust
(“Senker’’), through their respective undersigned counsel, stipulate that the lien created by the filing
of the judgment in favor of Senker shall be transferred pursuant to Florida Statutes Section 55.10 into
the bond put in place by Snavely pending appeal pursuant to Florida Rule of Appellate Procedure
9.310(b); provided, however, that to comply fully with the provisions of Section 55.10, Snavely will
pay into the existing bond an additional $42,547.86, representing an additional one year of statutory
interest plus Clerk’s fees as per the statute of $515.00.
The parties further stipulate and agree that, upon payment of these additional amounts, the
judgment recorded by Senker shall no longer operate as a lien on the subject real property; payment
on the judgment in favor of Senker, if upheld on appeal, will thereafter be chargeable against the
supersedeas bond only.
KIRK PINKERTON, P.A. THE EDWARDS LAW FIRM, PL
it
a
un
Nee50 Central Avenue, Suite 700 1901 Morrill Street
Sarasota, Florida 34236 Sarasota, Florida 34236
Ph: (941) 364-2400 Ph: (941) 363-0110
Fx: (941) 364-2490 Fx: (941)-952-9111
Attontoyg for Plaintiff j y
By J LIALY ]
STIERYL A. EDWARDS
Florida Bar 57495
ORDER ON STIPULATION TO TRANSFER LIEN TO BOND
Attorneys for De
THIS CAUSE came before the Court ex parte upon the foregoing Stipulation of Defendant,
SNAVELY SIESTA ASSOCIATES, LLC (“Snavely”), and Plaintiff, RICHARD C. SENKER,
trustee of the Richard C. Senker and Patricia A. Senker Land Trust, a Florida land trust (“Senker’’),
to transfer the lien of the Plaintiff on the subject property to the existing bond posted by Defendant
pending appeal of this Court’s October 20, 2008 judgment, and the Court having reviewed the
pleadings and being otherwise fully advised in the premises, it is thereupon
ORDERED that Snavely shall pay into the existing bond under which funds are in the
registry of the Clerk of Court an additional $42,547.86 and, upon payment of these additional
amounts, the October 20, 2008 judgment recorded by Senker shall no longer operate as a lien on the
subject real property and the said judgment shall be transferred to said security, with the claim of
~ Senker, if upheld on appeal, chargeable against the bond only.
- DONE AND ORDERED in Chambers at Sarasota County, Florida, this [A day of
December, 2008.
BOB McDONALD, CIRCUIT JUDGE
Conformed Copies Furnished to:
Leslie Wulfsohn Loftus, Esq.
Sheryl A. Edwards, Esq.
G:\DOCUMENT\LWLISnavely adv. Senker Land Trust-30476\Pleadings\Stipulation to Transfer Lien.doc
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA iT RICHARD C. SENKER, Trustee of the Richard w C. Senker and Patricia A. Senker Land Trust, a a Florida Land Trust, = ~~ Plaintiff, 3 rm > 8 VS. CASE NO. 2007 CA 08509 $C ua SNAVELY SIESTA ASSOCIATES, LLC, an Ohio Limited Liability Company, Defendant. / STIPULATION TO TRANSFER JUDGMENT LIEN TO_SUPERSEDEAS BOND Defendant, SNAVELY SIESTA ASSOCIATES, LLC (“Snavely”’), and Plaintiff, RICHARD C. SENKER, Trustee of the Richard C. Senker and Patricia A Senker Land Trust, a Florida land trust (“Senker’’), through their respective undersigned counsel, stipulate that the lien created by the filing of the judgment in favor of Senker shall be transferred pursuant to Florida Statutes Section 55.10 into the bond put in place by Snavely pending appeal pursuant to Florida Rule of Appellate Procedure 9.310(b); provided, however, that to comply fully with the provisions of Section 55.10, Snavely will pay into the existing bond an additional $42,547.86, representing an additional one year of statutory interest plus Clerk’s fees as per the statute of $515.00. The parties further stipulate and agree that, upon payment of these additional amounts, the judgment recorded by Senker shall no longer operate as a lien on the subject real property; payment on the judgment in favor of Senker, if upheld on appeal, will thereafter be chargeable against the supersedeas bond only. KIRK PINKERTON, P.A. THE EDWARDS LAW FIRM, PL it a un Nee50 Central Avenue, Suite 700 1901 Morrill Street Sarasota, Florida 34236 Sarasota, Florida 34236 Ph: (941) 364-2400 Ph: (941) 363-0110 Fx: (941) 364-2490 Fx: (941)-952-9111 Attontoyg for Plaintiff j y By J LIALY ] STIERYL A. EDWARDS Florida Bar 57495 ORDER ON STIPULATION TO TRANSFER LIEN TO BOND Attorneys for De THIS CAUSE came before the Court ex parte upon the foregoing Stipulation of Defendant, SNAVELY SIESTA ASSOCIATES, LLC (“Snavely”), and Plaintiff, RICHARD C. SENKER, trustee of the Richard C. Senker and Patricia A. Senker Land Trust, a Florida land trust (“Senker’’), to transfer the lien of the Plaintiff on the subject property to the existing bond posted by Defendant pending appeal of this Court’s October 20, 2008 judgment, and the Court having reviewed the pleadings and being otherwise fully advised in the premises, it is thereupon ORDERED that Snavely shall pay into the existing bond under which funds are in the registry of the Clerk of Court an additional $42,547.86 and, upon payment of these additional amounts, the October 20, 2008 judgment recorded by Senker shall no longer operate as a lien on the subject real property and the said judgment shall be transferred to said security, with the claim of ~ Senker, if upheld on appeal, chargeable against the bond only. - DONE AND ORDERED in Chambers at Sarasota County, Florida, this [A day of December, 2008. BOB McDONALD, CIRCUIT JUDGE Conformed Copies Furnished to: Leslie Wulfsohn Loftus, Esq. Sheryl A. Edwards, Esq. G:\DOCUMENT\LWLISnavely adv. Senker Land Trust-30476\Pleadings\Stipulation to Transfer Lien.doc