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Filing # 57394047 E-Filed 06/06/2017 04:39:31 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY FLORIDA
LESLIE ESTATES HOMEOWNERS’
ASSOCIATION NO. 4, INC., Civil Division
Plaintiff, ° Case No: 2017-8221-CA-01
vs. : FBN: 113307
RAFAELA CASTRO, et al., :
Defendants. :
PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR ENTRY OF SUMMARY FINAL JUDGMENT
Plaintiff, Leslie Estates Homeowners' Association No. 4, Inc., pursuant to Rule 1.510,
Fla. R. Civ. P., moves for the entry of Final Summary Judgment against the Defendants,
RAFAELA CASTRO and PORTFOLIO RECOVERY ASSETS, LLC, and in support thereof
states as follows:
The pleadings together with any affidavits filed in support of this Motion establish that
there are no material questions of fact and that Plaintiff is entitled to final judgment as a matter
of law. The substantial matters of law to be argued are set forth below.
It is well established Florida law that where there exists no genuine issue as to material
fact, plaintiff is entitled to a summary judgment as a matter of law. See e.g. Carolina Life Ins.
Co. v. Du Pont, 141 So.2d 624 (Fla. 1* DCA 1961); Estes v. Moylan, 94 So.2d 362 (1957):
Patrick Fruit Corp. v. Fosgate Citrus Concentrate Co-op, 85 So.2d 828 (1956); and Burns v.
Florida Power & Light Co., 98 So.2d 396 (Fla. 3 DCA 1957).
Furthermore, issues of fact do not arise merely because a party disagrees with facts
established by competent evidence submitted by moving party in summary judgment
proceeding nor merely because party moved against would like opportunity of having jury pass
upon such facts and make independent determination as to correctness thereof. F & R Builders
WALTON JONES + BROWNE
550 NE 124 Street @ North Mami @ Florida @ 33161 © 305.854.2233 tel. © 305.854.2331 fax
www.WJBlegal.comLeslie Estates Homeowners’ Association No. 4, Inc. v. Rafaela Castro, et al.
Miami-Dade Civil Case No. 2017-8221-CA-01
Memorandum of Law
Page 2 of 3
v. Lowell Dunn Co., 364 So.2d 826 (Fla. 3 DCA 1978), certiorari denied 372 So.2d 468; and
Reflex, N.V. v. UMET Trust, 336 So.2d 473 (Fla. 3° DCA 1976).
Plaintiff has clearly established that it is undisputed that Defendant, RAFAELA CASTRO,
has failed to pay maintenance assessments timely. The Answer filed by Defendant, RAFAELA
CASTRO, does not diminish the fact that delinquent maintenance remains due and owing as
stated in the Affidavit of Indebtedness, and the fact that outstanding attorney’s fees and costs
remain due and owing as stated in the Affidavit of Attorney’s Fees and Affidavit of Costs.
Therefore, the Answer filed by Defendant, RAFAELA CASTRO, does not act to bar the
Plaintiff from making all efforts to collect upon her delinquent maintenance account.
In the instant case, Defendant, RAFAELA CASTRO, was provided with notice and an
opportunity to cure the deficiency prior to the filing of the lien. Despite the foregoing, she refused
and failed to make payment, thereby authorizing the filing of a lien and the institution of this
foreclosure action. There is no dispute that the sums set forth in the Affidavit of Indebtedness
remain due and owing.
WHEREFORE, Plaintiff moves this Court for the entry of Summary Final Judgment of
Foreclosure against the Defendants, RAFAELA CASTRO and PORTFOLIO RECOVERY
ASSOCIATES, LLC, and for all other relief this Court deems appropriate, including an award of
attorney's fees and costs.
Respectfully Submitted,
By: Walton Jones + Browne
550 NE 124" Street
North Miami, Florida 33161
305.854.2233 tel -- 305.854.2331 fax
Primary email: service@wiblegal.com
Secondary email: holly@wiblegal.com
/S/ Holly M. Hamilton
HOLLY M. HAMILTON, ESQ.
Florida Bar No. 113307
WALTON JONES + BROWNE
550 NE 24" Street ¢ North Miami @ Florida © 33161 © 305.854.2233 tel, © 305.854.2331 fax
www.WJBlegal.comLeslie Estates Homeowners’ Association No. 4, Inc. v. Rafaela Castro, et al.
Miami-Dade Civil Case No. 2017-8221-CA-01
Memorandum of Law
Page 3 of 3
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing instrument was sent
via first class US mail to the following individual on this 6" day of June, 2017: Rafaela Castro,
20301 NW 27" Place, Miami Gardens, FL 33056, and Portfolio Recovery Associates, LLC., c/o
Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301.
/S/ Holly M. Hamilton
HOLLY M. HAMILTON, ESQ.
WALTON JONES + BROWNE
550 NE 24" Street ¢ North Miami @ Florida © 33161 © 305.854.2233 tel, © 305.854.2331 fax
www.WJBlegal.com
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Filing # 57394047 E-Filed 06/06/2017 04:39:31 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA LESLIE ESTATES HOMEOWNERS’ ASSOCIATION NO. 4, INC., Civil Division Plaintiff, ° Case No: 2017-8221-CA-01 vs. : FBN: 113307 RAFAELA CASTRO, et al., : Defendants. : PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ENTRY OF SUMMARY FINAL JUDGMENT Plaintiff, Leslie Estates Homeowners' Association No. 4, Inc., pursuant to Rule 1.510, Fla. R. Civ. P., moves for the entry of Final Summary Judgment against the Defendants, RAFAELA CASTRO and PORTFOLIO RECOVERY ASSETS, LLC, and in support thereof states as follows: The pleadings together with any affidavits filed in support of this Motion establish that there are no material questions of fact and that Plaintiff is entitled to final judgment as a matter of law. The substantial matters of law to be argued are set forth below. It is well established Florida law that where there exists no genuine issue as to material fact, plaintiff is entitled to a summary judgment as a matter of law. See e.g. Carolina Life Ins. Co. v. Du Pont, 141 So.2d 624 (Fla. 1* DCA 1961); Estes v. Moylan, 94 So.2d 362 (1957): Patrick Fruit Corp. v. Fosgate Citrus Concentrate Co-op, 85 So.2d 828 (1956); and Burns v. Florida Power & Light Co., 98 So.2d 396 (Fla. 3 DCA 1957). Furthermore, issues of fact do not arise merely because a party disagrees with facts established by competent evidence submitted by moving party in summary judgment proceeding nor merely because party moved against would like opportunity of having jury pass upon such facts and make independent determination as to correctness thereof. F & R Builders WALTON JONES + BROWNE 550 NE 124 Street @ North Mami @ Florida @ 33161 © 305.854.2233 tel. © 305.854.2331 fax www.WJBlegal.comLeslie Estates Homeowners’ Association No. 4, Inc. v. Rafaela Castro, et al. Miami-Dade Civil Case No. 2017-8221-CA-01 Memorandum of Law Page 2 of 3 v. Lowell Dunn Co., 364 So.2d 826 (Fla. 3 DCA 1978), certiorari denied 372 So.2d 468; and Reflex, N.V. v. UMET Trust, 336 So.2d 473 (Fla. 3° DCA 1976). Plaintiff has clearly established that it is undisputed that Defendant, RAFAELA CASTRO, has failed to pay maintenance assessments timely. The Answer filed by Defendant, RAFAELA CASTRO, does not diminish the fact that delinquent maintenance remains due and owing as stated in the Affidavit of Indebtedness, and the fact that outstanding attorney’s fees and costs remain due and owing as stated in the Affidavit of Attorney’s Fees and Affidavit of Costs. Therefore, the Answer filed by Defendant, RAFAELA CASTRO, does not act to bar the Plaintiff from making all efforts to collect upon her delinquent maintenance account. In the instant case, Defendant, RAFAELA CASTRO, was provided with notice and an opportunity to cure the deficiency prior to the filing of the lien. Despite the foregoing, she refused and failed to make payment, thereby authorizing the filing of a lien and the institution of this foreclosure action. There is no dispute that the sums set forth in the Affidavit of Indebtedness remain due and owing. WHEREFORE, Plaintiff moves this Court for the entry of Summary Final Judgment of Foreclosure against the Defendants, RAFAELA CASTRO and PORTFOLIO RECOVERY ASSOCIATES, LLC, and for all other relief this Court deems appropriate, including an award of attorney's fees and costs. Respectfully Submitted, By: Walton Jones + Browne 550 NE 124" Street North Miami, Florida 33161 305.854.2233 tel -- 305.854.2331 fax Primary email: service@wiblegal.com Secondary email: holly@wiblegal.com /S/ Holly M. Hamilton HOLLY M. HAMILTON, ESQ. Florida Bar No. 113307 WALTON JONES + BROWNE 550 NE 24" Street ¢ North Miami @ Florida © 33161 © 305.854.2233 tel, © 305.854.2331 fax www.WJBlegal.comLeslie Estates Homeowners’ Association No. 4, Inc. v. Rafaela Castro, et al. Miami-Dade Civil Case No. 2017-8221-CA-01 Memorandum of Law Page 3 of 3 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing instrument was sent via first class US mail to the following individual on this 6" day of June, 2017: Rafaela Castro, 20301 NW 27" Place, Miami Gardens, FL 33056, and Portfolio Recovery Associates, LLC., c/o Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301. /S/ Holly M. Hamilton HOLLY M. HAMILTON, ESQ. WALTON JONES + BROWNE 550 NE 24" Street ¢ North Miami @ Florida © 33161 © 305.854.2233 tel, © 305.854.2331 fax www.WJBlegal.com