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Filing #'72060680 E-Filed 05/12/2018 02:45:34 PM
IN THE CIRCUIT COURT FOR THE 11™ JUDICIAL
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
KINGDOM CAPITAL INVESTMENT, LLC Case No: 18-010301 CA 01
Plaintiff,
v.
DINA DIAZ
Defendant.
———— TON FOR stimary FINAL JUDGMENT
Plaintiff, KINGDOM CAPITAL INVESTMENT, LLC, by and through the undersigned counsel,
moves this Court, pursuant to Fla. R. Civ. Proc. 1.510, to enter a Summary Final Judgment against the
Defendant in the above-styled action. There exist no genuine issues as to any material fact and Plaintiff is
entitled to judgment as a matter of law based on the pleadings and affidavits filed in this action.
STATEMENT OF FACTS
1. This is an action by a property owner, KINGDOM CAPITAL INVESTMENT, LLC, for eviction
and for Past Rent Due for the premises located 6245 W. 12 Ave., Hialeah, FL 33012.
2. On December 15, 2016, Defendant entered into a lease for the above-mentioned property with the
prior owner of the property.
3. On October 16, 2017, Plaintiff, KINGDOM CAPITAL INVESTMENT, LLC., purchased the
subject property.
4. In November 2017, Plaintiff began this action to remove Defendant from his property.
5. On January 16, 2018, this Court heard Defendant’s Motion to Dismiss and Plantiff’s Motion for
Default Final Judgment and Denied both motions. See Order of Court attached herewith as
Exhibit “A”.
6. In January 2018, Plaintiff amended the Complaint in accordance to the lease submitted to this
Court by the Defendant.
7. The prior owner of the property, Ana Alvarez, has stated that she entered into a one-year lease
from December 2016 to December 2017. See, Affidavit of Ana Alvarez attached herewith as
Exhibit “B”.
8. Defendant’s attorney submitted a copy of this lease along with Defendant’s Motion to Dismiss.
Attached herewith as Exhibit “C”.9. Under the terms of the lease, Defendant was required to pay rent in the amount of
$1,800.00/month commencing on December 1, 2016 and continuing to be due on the 5" day of
each month. See, Exhibit “C”.
10. According to Ana Alvarez, Defendant only paid her $3,600.00 representing the first month of the
lease and $3,600.00 for deposit. See, Nos. 5 & 7 of Exhibit “B”.
11. Plaintiff has not collected any rent since their purchase of the property at issue
12. Defendant has acknowledged that she signed a lease.
13. Defendant has defaulted under the terms of Lease.
MEMORANDUM OF LAW
14, This Court must enter a summary final judgment of foreclosure where there exists no genuine
issue as to any material fact. Mack Industries, Inc. v. Donal W. Nelson, Inc., 134 So. 2d 821 (Fla.
2d DCA 1961).
15. Plaintiff is entitled to recover the amount due to them for Defendant’s failure to abide by the
Lease agreement.
16. The pleadings on file, together with the affidavits submitted in furtherance of this motion,
demonstrate that there is no dispute as to any material fact. Accordingly, Plaintiff is entitled to
Summary Final Judgment as a matter of law.
WHEREFORE, the Plaintiff respectfully requests that this Court enter Summary Final Judgment in its
favor as to the total amount sought in its Complaint, Summary Final Judgment against Defendant for
Eviction, and such further relief as this Court deems just, including the issuance of writs of possession
against any parties that may be in possession of the property.
CERTIFICATE OF SERVICE
I HEREBY DO CERTIFY that a true and correct copy of this Motion was electronically
transmitted via the Florida Courts electronic filing system on this 14" day of May 2018 to Law Office of
Rick Yabor, P.A.
LAW OFFICES OF MIGUEL PARLADE
P.O. Box 771747
Miami, Florida 33177
Telephone: (305) 235-9040
Q.
FLORIDA BAR NO.: 0388068
Service emaik_ parladenotice@gmail.com
Correspond email: parladelaw@gmail.comlof 2
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
‘1 SMALL CLAIMS DIVISION
Jom omsion caseno: 2011-co2573 Ce 2\
SECTION NO:
1
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Denied. The. Defendant sha || have. want’ | tomarrod
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dollars into He Cact registuy aad shall Contaus—
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DONE AND ORDERED IN MIAMI-DADE Sur FLORIDA me Ie
DAY OF. 208...
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Nora RolellaFiling # 65243127 E-Filed 12/11/2017 04:47:04 PM
“
IN THE COUNTY COURT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
KINGDOM CAPITAL INVESTMENT, LLC, CASE NO.: 2017-2573-CC-21
COUNTY CIVIL
Plaintiff,
vs.
DINA DIAZ, et al
Defendants.
eee
AFFIDAVIT OF ANA ALVAREZ
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned authority, personally appeared Ana Alvarez, who, being first
duly sworn, deposes and says:
10.
My name is Ana Alvarez and | am the daughter of Bertha Perez (deceased), who was
the prior owner of the residence located at 5435 W. 14 Ave., Hialeah, FL 33012.
I make this affidavit based upon my personal knowledge of the matters stated herein.
I currently reside at 6245 W. 12 Ave., Hialeah, FL 33012.
On December 15, 2016, | entered into a contract for the lease of the above-mentioned
residence for a period of one year ending on December 2017.
Upon entering into the contract, I collected a payment in the amount of $3,600.00
representing the amount due for the first month under the contract and security deposit.
Soon after | rented them the property, Dina Diaz found out the house was in foreclosure
and stopped paying rent.
I never received any other payments other than that first rent payment and deposit paid
by Dina Diaz during December 2016.
On October 16, 2017, the house was sold to Kingdom Capital Investment, LLC.
There is due and owing to the Plaintiff by the Defendant, for amounts unpaid on the
above-mentioned lease from January 2017 to present. The total due form Dina Diaz is
approximately $18,000.00.
1 have been advised by the attorney for the Plaintiff that a lease was submitted Ms.
Diaz’ attorney that alleges that | rented the house for two (2) years. I never signed a
>two (2) year Icase with the Defendant. ‘That Icase is cither fraudulent or has-becn
altered.
Mb Dina Diaz hus been Fiving in that house for approximately eleven months without
paying reat.
32, Lamavailabic to testify in Court as to these matters.
FURTHER AFFIANT SAYETI NAUGHT
x,
ANA ALVAREZ
Dem be
SWORN ‘TO and subscribed befbre mo by Ana Alvarezonthis_© “dayofNovember2017
and who stated that she is the declarant mentioned herein and that she attests to the truhiiiiness of
the mutters stated herein to the hest of her knowledge.
_Uponienally imown: or
produced iduntification
type of identification:
Fe PUBLIC
STATE OF FLORIDAResidential Lease _
APARTMENT — CONDOMINIUM ~ HOUSE
BY THIS AGREEMENT made snd entered into on saded vo Le
between OA AE AILE 2—""__ herein refered to as Lessor, and AD ttt OO RUE: Hor.
2, herein referred to as Lessee. Lessor leases to Lessee the premises sitlated at_
Preview
Filing #'72060680 E-Filed 05/12/2018 02:45:34 PM IN THE CIRCUIT COURT FOR THE 11™ JUDICIAL IN AND FOR MIAMI-DADE COUNTY, FLORIDA KINGDOM CAPITAL INVESTMENT, LLC Case No: 18-010301 CA 01 Plaintiff, v. DINA DIAZ Defendant. ———— TON FOR stimary FINAL JUDGMENT Plaintiff, KINGDOM CAPITAL INVESTMENT, LLC, by and through the undersigned counsel, moves this Court, pursuant to Fla. R. Civ. Proc. 1.510, to enter a Summary Final Judgment against the Defendant in the above-styled action. There exist no genuine issues as to any material fact and Plaintiff is entitled to judgment as a matter of law based on the pleadings and affidavits filed in this action. STATEMENT OF FACTS 1. This is an action by a property owner, KINGDOM CAPITAL INVESTMENT, LLC, for eviction and for Past Rent Due for the premises located 6245 W. 12 Ave., Hialeah, FL 33012. 2. On December 15, 2016, Defendant entered into a lease for the above-mentioned property with the prior owner of the property. 3. On October 16, 2017, Plaintiff, KINGDOM CAPITAL INVESTMENT, LLC., purchased the subject property. 4. In November 2017, Plaintiff began this action to remove Defendant from his property. 5. On January 16, 2018, this Court heard Defendant’s Motion to Dismiss and Plantiff’s Motion for Default Final Judgment and Denied both motions. See Order of Court attached herewith as Exhibit “A”. 6. In January 2018, Plaintiff amended the Complaint in accordance to the lease submitted to this Court by the Defendant. 7. The prior owner of the property, Ana Alvarez, has stated that she entered into a one-year lease from December 2016 to December 2017. See, Affidavit of Ana Alvarez attached herewith as Exhibit “B”. 8. Defendant’s attorney submitted a copy of this lease along with Defendant’s Motion to Dismiss. Attached herewith as Exhibit “C”.9. Under the terms of the lease, Defendant was required to pay rent in the amount of $1,800.00/month commencing on December 1, 2016 and continuing to be due on the 5" day of each month. See, Exhibit “C”. 10. According to Ana Alvarez, Defendant only paid her $3,600.00 representing the first month of the lease and $3,600.00 for deposit. See, Nos. 5 & 7 of Exhibit “B”. 11. Plaintiff has not collected any rent since their purchase of the property at issue 12. Defendant has acknowledged that she signed a lease. 13. Defendant has defaulted under the terms of Lease. MEMORANDUM OF LAW 14, This Court must enter a summary final judgment of foreclosure where there exists no genuine issue as to any material fact. Mack Industries, Inc. v. Donal W. Nelson, Inc., 134 So. 2d 821 (Fla. 2d DCA 1961). 15. Plaintiff is entitled to recover the amount due to them for Defendant’s failure to abide by the Lease agreement. 16. The pleadings on file, together with the affidavits submitted in furtherance of this motion, demonstrate that there is no dispute as to any material fact. Accordingly, Plaintiff is entitled to Summary Final Judgment as a matter of law. WHEREFORE, the Plaintiff respectfully requests that this Court enter Summary Final Judgment in its favor as to the total amount sought in its Complaint, Summary Final Judgment against Defendant for Eviction, and such further relief as this Court deems just, including the issuance of writs of possession against any parties that may be in possession of the property. CERTIFICATE OF SERVICE I HEREBY DO CERTIFY that a true and correct copy of this Motion was electronically transmitted via the Florida Courts electronic filing system on this 14" day of May 2018 to Law Office of Rick Yabor, P.A. LAW OFFICES OF MIGUEL PARLADE P.O. Box 771747 Miami, Florida 33177 Telephone: (305) 235-9040 Q. FLORIDA BAR NO.: 0388068 Service emaik_ parladenotice@gmail.com Correspond email: parladelaw@gmail.comlof 2 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ‘1 SMALL CLAIMS DIVISION Jom omsion caseno: 2011-co2573 Ce 2\ SECTION NO: 1 Kea sgbon Copite | sheds, Le vs. “Dine \ Dia : OADER GRANTINGIBERYINGD Uotionto Dismiss ane Meborrfor Defux H Juda me nxt ° Taswusecanetionmecontonte Le owt Tanucry 208. | __ On PLAINTIFF'S/DEFENDANT'S Motion sn 's Trou - the. ( auc acd Hoh oho ste Dismiss ord Se Rec Sergent ofcourse ts ORDERED AND ADJUDGED: Telendant's Hobo +p Disemss is Dene. | WPlarchE's Mohon for Defuult Fira) Trolyment ig — Denied. The. Defendant sha || have. want’ | tomarrod | VWeeuasy 11,2018 at roan to cleposict 4.5, 400.50 dollars into He Cact registuy aad shall Contaus— | +o i 4 Y DOO onthe Stho evety Month Commencias, Fe beacons Zols . DONE AND ORDERED IN MIAMI-DADE Sur FLORIDA me Ie DAY OF. 208... fl | ' ‘Copies tumished to tworanen Miy uel BR. lade’ County GON, Nova Rotella ’SMALL CLAIMS DIVISION CIVIL DIVISION ote | big don Cap be —kebrents, foe. “ Plants) OBER GRANTING/DENYING <= IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA Zt Z- caseno: Z2OI- 0O2STS Ce 21 SECTION No: "Dye Dee Defendant(s) — THIS CAUSE came before the Court on the [ho day of, \onuer4 Zoalg enact weiha S deus Con the. enw Fis, ole cK El 422 +. Apes b vio. wel ie As x sist 4 cli i entitle Phish fF DONE AND ORDERED IN van DADE COUNTY, FLORIDA mle. fe oe Bc bofesls DAY OF, we Zotg . ‘ Final ‘wager ‘ agent i: “Defers | COUNTY COURT JUDGE pes SeSio n. ‘Copies furnished to 5. COHN | Fema carer rn ony Gout Sodae Miguel Relade! Nora RolellaFiling # 65243127 E-Filed 12/11/2017 04:47:04 PM “ IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KINGDOM CAPITAL INVESTMENT, LLC, CASE NO.: 2017-2573-CC-21 COUNTY CIVIL Plaintiff, vs. DINA DIAZ, et al Defendants. eee AFFIDAVIT OF ANA ALVAREZ STATE OF FLORIDA COUNTY OF MIAMI-DADE BEFORE ME, the undersigned authority, personally appeared Ana Alvarez, who, being first duly sworn, deposes and says: 10. My name is Ana Alvarez and | am the daughter of Bertha Perez (deceased), who was the prior owner of the residence located at 5435 W. 14 Ave., Hialeah, FL 33012. I make this affidavit based upon my personal knowledge of the matters stated herein. I currently reside at 6245 W. 12 Ave., Hialeah, FL 33012. On December 15, 2016, | entered into a contract for the lease of the above-mentioned residence for a period of one year ending on December 2017. Upon entering into the contract, I collected a payment in the amount of $3,600.00 representing the amount due for the first month under the contract and security deposit. Soon after | rented them the property, Dina Diaz found out the house was in foreclosure and stopped paying rent. I never received any other payments other than that first rent payment and deposit paid by Dina Diaz during December 2016. On October 16, 2017, the house was sold to Kingdom Capital Investment, LLC. There is due and owing to the Plaintiff by the Defendant, for amounts unpaid on the above-mentioned lease from January 2017 to present. The total due form Dina Diaz is approximately $18,000.00. 1 have been advised by the attorney for the Plaintiff that a lease was submitted Ms. Diaz’ attorney that alleges that | rented the house for two (2) years. I never signed a >two (2) year Icase with the Defendant. ‘That Icase is cither fraudulent or has-becn altered. Mb Dina Diaz hus been Fiving in that house for approximately eleven months without paying reat. 32, Lamavailabic to testify in Court as to these matters. FURTHER AFFIANT SAYETI NAUGHT x, ANA ALVAREZ Dem be SWORN ‘TO and subscribed befbre mo by Ana Alvarezonthis_© “dayofNovember2017 and who stated that she is the declarant mentioned herein and that she attests to the truhiiiiness of the mutters stated herein to the hest of her knowledge. _Uponienally imown: or produced iduntification type of identification: Fe PUBLIC STATE OF FLORIDAResidential Lease _ APARTMENT — CONDOMINIUM ~ HOUSE BY THIS AGREEMENT made snd entered into on saded vo Le between OA AE AILE 2—""__ herein refered to as Lessor, and AD ttt OO RUE: Hor. 2, herein referred to as Lessee. Lessor leases to Lessee the premises sitlated at_