Document for SUNTRUST MORTGAGE INC, vs. BROOME, LARRY S et al

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                                IN THE CIRCUIT COURT OF THE
                                                                                       NINTH JUDICL\L CIRCUIT, IN
                                                                                       AND FOR ORANGE             COUNTY,
                                                                                       FLORIDA
                        SUNTRUST MORTGAGE, INC.,
                                                                                       CASE NUMBER           08-CA-12094
                                 Plaintiff,

                                                                                                                                 -n
                       LARRY S. BROOME, JR., and                                                                        :=-^   t -.'r^.
                       PARA BONTEMPO BROOME,                                                                             CZZ
                                                                                                                         cn
                                                                                                                               -•  O

                       and RENZO A. BONTEMPO and
                       UNKNOWN          SPOUSE OF RENZO                                                                  cn
                                                                                                                                .. "Ti
                       A, BONTEMPO; JOHN DOE and
                       MARY DOE; ISPC,
                                                                                                                 3         O
                                 Defendants,


                             CROSS-DEFENDANTS                LARRY      S, BROOME. JR AND FARA                BONTEMPO
                                       BROOME'S MOTION              TO    DISMISS      CROSS-COMPLAINT

                                 Cross-Defendants,        LARRY       S.   BROOME,         JR.,   and    FARA       BONTEMPO

                       BROOME,        move    to  dismiss   the   Cross-Complaint      of  Cross-Complainant,        RENZO      A.

                       BONTEMPO , and as grounds therefore              would   show:

                                 1.      The Cross-Complaint        fails to state a cause of action against Cross-

                       Defendants.     Speciflcally, the claims are based on a Settlement Agreement entered into in

                       a separate cause of action bearing case number 07-CA-2560,

                                2.       The   basis  of  the  instant  action   is the  Foreclosure    of  a  Mortgage     by  the

                       Plaintiff, SUNTRUST MORTGAGE, INC, on a mortgage entered                         into by both the Cross-

                       Complainant and the       Cross-Defendants.

                                3.      Accordingly,     the claim   asserted   in the  instant  action  by  Cross-Complainant

                       arises  fi"om  a separate   and   distihct  transaction   or  occurrence    from   the  subject  matter   of

                       the instant underlying action in violation of Florida Rules of Civil Procedure               1.170  (g).
                               4.         Additionally    the remedies     and relief  sought by Cross-Complainant          in the

                       instant  action   are identical   to  the  remedies    and  relief  sought   by  Cross-Complainant        in

                       case number 07-CA-2560.

                                5,      Finally,  it should   be  noted   that  the Plaintiff  in  the  instant  case  entered   a

                       Voluntary Dismissal      of its clauns on July 21, 2008.

                                WHEREFORE,           Cross-Defendants,       LARRY        S.  BROOME,         JR.,   and   FARA

                       BONTEMPO         BROOME, respectfully          requests this Court to dismiss the       Cross-Complaint

                       action,  award   Cross-Defendant       its costs  in defending    this  action  and   for such   other  and

                       further  relief as is just and proper.

                                DATED this j      ^  day ofAugust,      2008.




                                                                                      JAYB(|)N T. ZORTMAN, ESQ.
                                                                                      FloriUaBarNo.:       0462594
                                                                                      Law Offices     of Jayson Zortman, P.A.
                                                                                      1371 Ridgewood Ave
                                                                                      Winter Park, FL 32789
                                                                                      (407)841-1901
                                                                                      Attomeys for     Defendants


                                                         CERTIFICATE          OF    SERVICE

                                I  HEREBY        CERTIFY       that  the  original   of  the   foregoing    was    fumished     via

                       facsimile   and  U.S.   Mail   this   P    day  of  August,    2008,  to  Lynn   Walker    Wright,    Esq.,

                       2711 Rew Circle, Suite "B" Ocoee, FL            34761. (407)     656-5898