On August 12, 2016 a
Stipulation,Agreement
was filed
involving a dispute between
Governor Of Florida,
Posner, Victor,
Von Kahle, Curator, Philip,
and
Fidelity And Deposit Company Of Maryland,
Nestor, Brenda D,
Svn Moecker Realty Auctions,
for Contract & Indebtedness
in the District Court of Miami-Dade County.
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IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 16-21099-CA-40
PHILIP VON KAHLE, CURATOR, on behalf of
THE GOVERNOR OF FLORIDA, for the use and
Benefit of the ESTATE OF VICTOR POSNER,
and for All Other Interested Parties,
Plaintiff,
Vv.
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, a Maryland Corporation,
Defendant.
/
AGREED ORDER
ON F&D’S STIPULATED MOTION FOR LEAVE TO EXCEED CLP § 4.1 PAGE LIMIT
IN RESPONDING TO THE CURATOR’S OCTOBER 28, 2016 AMENDED COMPLAINT.
THIS CAUSE having come before the Court on Fidelity and Deposit Company of Maryland’s
(“F&D”) Stipulated Motion for Leave to Exceed CLP § 4.1 Page Limit in Responding to the Curator’s
October 28, 2016 Amended Complaint (“Motion for Leave”), and the Court having reviewed the file
and being otherwise advised in the premises, it is hereupon,
ORDERED and ADJUDGED as follows:
F&D’s Motion for Leave is GRANTED. F&D may exceed the motion 20-page limit in CLP § 4.1
when responding to the Curator’s October 28, 2016 Amended Complaint (“Motion to Dismiss”). F&D’s
Motion to Dismiss shall be deemed filed upon filing through the Florida Courts E-Filing Portal without further
action by the Court as long as the Motion to Dismiss does not exceed 40 pages (not including certifications,
service list, exhibits, etc.). The Curator consenting to and the Court granting F&D’s Motion for Leave may not
be used to argue that the Curator consented to any of the relief that F&D requests in the Motion to Dismiss or
waived any defenses or arguments that the Curator might have to raise in opposition to F&D’s Motion to
Dismiss.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 11/28/16.
HN W. THORNTON
CIRCUIT COURT JUDGE ORIGINAL
JUDGE JOHN W. THORNTON JR.No Further Judicial Action Required on THIS
MOTION
CLERK TO RECLOSE CASE IF POST
JUDGMENT
The parties served with this Order are indicated in the accompanying 11th Circuit email
confirmation which includes all emails provided by the submitter. The movant shall
IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or hand-
delivery, to all parties/counsel of record for whom service is not indicated by the accompanying
11th Circuit confirmation, and file proof of service with the Clerk of Court.
Signed and stamped original Order sent to court file by Judge Thornton’s staff.
Copies furnished to:
All Counsel of Record
-2-
LAW OFFICES
BECKER & POLIAKOFF, P.A.
1 EAST BROWARD BLVD., SUITE 1800 + FT. LAUDERDALE, FL 33301
‘TEIFPHONE (984) 987-7550,
Document Filed Date
November 29, 2016
Case Filing Date
August 12, 2016
Category
Contract & Indebtedness
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IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 16-21099-CA-40 PHILIP VON KAHLE, CURATOR, on behalf of THE GOVERNOR OF FLORIDA, for the use and Benefit of the ESTATE OF VICTOR POSNER, and for All Other Interested Parties, Plaintiff, Vv. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation, Defendant. / AGREED ORDER ON F&D’S STIPULATED MOTION FOR LEAVE TO EXCEED CLP § 4.1 PAGE LIMIT IN RESPONDING TO THE CURATOR’S OCTOBER 28, 2016 AMENDED COMPLAINT. THIS CAUSE having come before the Court on Fidelity and Deposit Company of Maryland’s (“F&D”) Stipulated Motion for Leave to Exceed CLP § 4.1 Page Limit in Responding to the Curator’s October 28, 2016 Amended Complaint (“Motion for Leave”), and the Court having reviewed the file and being otherwise advised in the premises, it is hereupon, ORDERED and ADJUDGED as follows: F&D’s Motion for Leave is GRANTED. F&D may exceed the motion 20-page limit in CLP § 4.1 when responding to the Curator’s October 28, 2016 Amended Complaint (“Motion to Dismiss”). F&D’s Motion to Dismiss shall be deemed filed upon filing through the Florida Courts E-Filing Portal without further action by the Court as long as the Motion to Dismiss does not exceed 40 pages (not including certifications, service list, exhibits, etc.). The Curator consenting to and the Court granting F&D’s Motion for Leave may not be used to argue that the Curator consented to any of the relief that F&D requests in the Motion to Dismiss or waived any defenses or arguments that the Curator might have to raise in opposition to F&D’s Motion to Dismiss. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 11/28/16. HN W. THORNTON CIRCUIT COURT JUDGE ORIGINAL JUDGE JOHN W. THORNTON JR.No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT The parties served with this Order are indicated in the accompanying 11th Circuit email confirmation which includes all emails provided by the submitter. The movant shall IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or hand- delivery, to all parties/counsel of record for whom service is not indicated by the accompanying 11th Circuit confirmation, and file proof of service with the Clerk of Court. Signed and stamped original Order sent to court file by Judge Thornton’s staff. Copies furnished to: All Counsel of Record -2- LAW OFFICES BECKER & POLIAKOFF, P.A. 1 EAST BROWARD BLVD., SUITE 1800 + FT. LAUDERDALE, FL 33301 ‘TEIFPHONE (984) 987-7550,