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Bei ¢ oom
es US
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIR@GA |
IN AND FOR SARASOTA COUNTY, FLORIDA Som, 2S
3h ~
RICHARD C. SENKER, Trustee of the Richard eC TS
C. Senker and Patricia A. Senker Land Trust, a Soe oe fs
Florida Land Trust, eee TT sy
po 0
a iD
Plaintiff,
VS. CASE NO. 2007 CA 008509 NC
SNAVELY SIESTA ASSOCIATES, LLC,
an Ohio Limited Liability Company,
Defendant.
/
SUPPLEMENTAL 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 $42,547.86 required to be paid by
that certain Stipulation to Transfer Judgment Lien to Supersedeas Bond and Order on Stipulation to Transfer
Lien to Bond recorded in Official Records Instrument No. 2008162990, of the Public Records of Sarasota
County, Florida, has been paid, and the lien created by the filing of the judgments in favor of Senker recorded
in Official Records Instrument No. 2008120309 and certified in Official Records Instrument No. 2008123965
and in Official Records Instrument No. 2008124460; Notice of Appeal recorded in Official Records
Instrument No. 2008133542; Final Judgment recorded in Official Records Instrument No. 2008138986 and as
certified in Official Records Instrument No. 2008140383; and Final Judgment recorded in Official Records
Instrument No. 2008138987 and as certified in Official Records Instrument No. 2008140382, all of the Public
Records of Sarasota County, Florida, which judgments total $382,116.88, 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).
The parties further stipulate and agree that the judgments recorded by Senker and identified above
shall no longer operate as a lien on the subject real property; payment on the judgments in favor of Senker, if
ition
(MIC WA
upheld on appeal, will thereafter be chargeable against the supersedeas bond only. )KIRK PINKERTON, P.A. THE EDWARDS LAW FIRM, PL
50 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: (9447 952-9111 jk
Attorneys for Defendant Attorkeysfor Plaintiff /
R x By Li) Ul J)
LESLIE WULFSOHN LOEPUS SHERYL A. EDWARDS
Florida Bar No. 0996444 Florida Bar No. 0057495
ORDEBGN SUPPLEMENTAL STIPULATION TO TRANSFER LIEN TO BOND
THIS CAUSE came before the Court ex parte upon the foregoing Supplemental 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 judgments identified above, and the Court having reviewed the pleadings and being otherwise
fully advised in the premises, it is thereupon
ORDERED that the judgments recorded by Senker and identified above shall no longer operate as a
lien on the subject real property, the said judgments shall be transferred to said security, with the claim of
Senker, if upheld on appeal, chargeable against the bond only, and the Clerk of Court is directed to file a
Certificate of Transfer of Lien to Bond with the Public Records of Sarasota County, Florida.
DONE AND ORDERED in Chambers at Sarasota “S , this Z Faay of December, 2008.
BOB McDONALD, CIRCUIT JUDGE
Conformed Copies Furnished to:
Leslie Wulfsohn Loftus, Esq.
Sheryl A. Edwards, Esq.
G:\DOCUMENT\LWLI\Snavely adv. Senker Land Trust-30476\Pleadings\Stipulation to Transfer Lien v.2.doc
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Bei ¢ oom es US IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIR@GA | IN AND FOR SARASOTA COUNTY, FLORIDA Som, 2S 3h ~ RICHARD C. SENKER, Trustee of the Richard eC TS C. Senker and Patricia A. Senker Land Trust, a Soe oe fs Florida Land Trust, eee TT sy po 0 a iD Plaintiff, VS. CASE NO. 2007 CA 008509 NC SNAVELY SIESTA ASSOCIATES, LLC, an Ohio Limited Liability Company, Defendant. / SUPPLEMENTAL 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 $42,547.86 required to be paid by that certain Stipulation to Transfer Judgment Lien to Supersedeas Bond and Order on Stipulation to Transfer Lien to Bond recorded in Official Records Instrument No. 2008162990, of the Public Records of Sarasota County, Florida, has been paid, and the lien created by the filing of the judgments in favor of Senker recorded in Official Records Instrument No. 2008120309 and certified in Official Records Instrument No. 2008123965 and in Official Records Instrument No. 2008124460; Notice of Appeal recorded in Official Records Instrument No. 2008133542; Final Judgment recorded in Official Records Instrument No. 2008138986 and as certified in Official Records Instrument No. 2008140383; and Final Judgment recorded in Official Records Instrument No. 2008138987 and as certified in Official Records Instrument No. 2008140382, all of the Public Records of Sarasota County, Florida, which judgments total $382,116.88, 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). The parties further stipulate and agree that the judgments recorded by Senker and identified above shall no longer operate as a lien on the subject real property; payment on the judgments in favor of Senker, if ition (MIC WA upheld on appeal, will thereafter be chargeable against the supersedeas bond only. )KIRK PINKERTON, P.A. THE EDWARDS LAW FIRM, PL 50 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: (9447 952-9111 jk Attorneys for Defendant Attorkeysfor Plaintiff / R x By Li) Ul J) LESLIE WULFSOHN LOEPUS SHERYL A. EDWARDS Florida Bar No. 0996444 Florida Bar No. 0057495 ORDEBGN SUPPLEMENTAL STIPULATION TO TRANSFER LIEN TO BOND THIS CAUSE came before the Court ex parte upon the foregoing Supplemental 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 judgments identified above, and the Court having reviewed the pleadings and being otherwise fully advised in the premises, it is thereupon ORDERED that the judgments recorded by Senker and identified above shall no longer operate as a lien on the subject real property, the said judgments shall be transferred to said security, with the claim of Senker, if upheld on appeal, chargeable against the bond only, and the Clerk of Court is directed to file a Certificate of Transfer of Lien to Bond with the Public Records of Sarasota County, Florida. DONE AND ORDERED in Chambers at Sarasota “S , this Z Faay of December, 2008. BOB McDONALD, CIRCUIT JUDGE Conformed Copies Furnished to: Leslie Wulfsohn Loftus, Esq. Sheryl A. Edwards, Esq. G:\DOCUMENT\LWLI\Snavely adv. Senker Land Trust-30476\Pleadings\Stipulation to Transfer Lien v.2.doc