On December 08, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Bank Of New York Mellon Trust Company Na,
Bank Of New York Trust Co,
and
Abdulla, Ali,
Blue Bay Villas Condominium Association Inc,
Daniels, Julia,
First Capital Land Trust,
Magnolia Lane Condominium Association Inc,
Professional Recovery Systems Llc,
Rodriguez, Ariel,
Rosello, Monica,
Ballys Total Fitness,
Bank Of New York Tr Co,
for RPMF -Non-Homestead ($250,000 or more)
in the District Court of Miami-Dade County.
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Filing # 57324549 E-Filed 06/05/2017 04:05:34 PM
IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
Case No.: 2016-031418-CA
Bank of New York Mellon Trust Co.,
Plaintiff,
-v-
Ariel Rodriguez, et al.,
Defendants.
/
MOTION TO DISMISS
The Defendant First Capital Land Trust, as Trustee Under Trust No. 8021, dated September
13, 2012 (“Defendant”), by and through its undersigned counsel, motions this Court for the
dismissal of the Plaintiff Bank of New York Mellon Trust Co.’s (“Plaintiff”) Complaint and states
as follows
1, Assuming, arguendo, that the alleged mortgage exists and/or is valid, paragraph 22 thereof
provides a condition precedent which Plaintiff has failed to comply with and as such the filing of
this Complaint is premature.
2 Additionally, or in the alternative, Plaintiff is a non-resident of the state of Florida and is
therefore required to strictly comply with the statutory cost bond requirement within 20 days of
this notice. Should Plaintiff fail to comply with said statutory requirement then Defendant moves
this Court for dismissal of the instant action.
WHEREFORE, Defendant moves this Court to grant the instant Motion and dismiss the
Plaintiff s Complaint and tax Plaintiff with Defendant attorney’s fee and costs.
/s/ Bruce C. Botsford
Fla. Bar No. 31127
Bruce Botsford, P.A.
1615 SW 2 Avenue
Ft. Lauderdale, FL 33315
Telephone 954-990-4213
Facsimile 954-208-0968CERTIFICATE OF SERVICE
The undersigned hereby certifies that on June 5, 2017, a copy of the foregoing was
electronically furnished, via the E-Portal, to all parties registered therein for electronic service of
documents
/s/ Bruce C. Botsford
Fla. Bar No. 31127
Document Filed Date
June 05, 2017
Case Filing Date
December 08, 2016
Category
RPMF -Non-Homestead ($250,000 or more)
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Filing # 57324549 E-Filed 06/05/2017 04:05:34 PM IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA Case No.: 2016-031418-CA Bank of New York Mellon Trust Co., Plaintiff, -v- Ariel Rodriguez, et al., Defendants. / MOTION TO DISMISS The Defendant First Capital Land Trust, as Trustee Under Trust No. 8021, dated September 13, 2012 (“Defendant”), by and through its undersigned counsel, motions this Court for the dismissal of the Plaintiff Bank of New York Mellon Trust Co.’s (“Plaintiff”) Complaint and states as follows 1, Assuming, arguendo, that the alleged mortgage exists and/or is valid, paragraph 22 thereof provides a condition precedent which Plaintiff has failed to comply with and as such the filing of this Complaint is premature. 2 Additionally, or in the alternative, Plaintiff is a non-resident of the state of Florida and is therefore required to strictly comply with the statutory cost bond requirement within 20 days of this notice. Should Plaintiff fail to comply with said statutory requirement then Defendant moves this Court for dismissal of the instant action. WHEREFORE, Defendant moves this Court to grant the instant Motion and dismiss the Plaintiff s Complaint and tax Plaintiff with Defendant attorney’s fee and costs. /s/ Bruce C. Botsford Fla. Bar No. 31127 Bruce Botsford, P.A. 1615 SW 2 Avenue Ft. Lauderdale, FL 33315 Telephone 954-990-4213 Facsimile 954-208-0968CERTIFICATE OF SERVICE The undersigned hereby certifies that on June 5, 2017, a copy of the foregoing was electronically furnished, via the E-Portal, to all parties registered therein for electronic service of documents /s/ Bruce C. Botsford Fla. Bar No. 31127