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

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

                       LARRY S. BROOME, JR., and
                       FARA BONTEMPO BROOME,
                       and RENZO A. BONTEMPO and
                       UNKNOWN SPOUSE OF RENZO
                       A. BONTEMPO; JOHN DOE and
                       MARY DOE; ISPC,

                                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.     Specifically, 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  from   a separate   and   distinct 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 claims 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 14 day of August, 2008.


                                                                                     S/ Jayson Zortman
                                                                                     JAYSON T. ZORTMAN, ESQ.
                                                                                     Florida Bar No.:     0462594
                                                                                     Law Offices of Jayson Zortman, P.A.
                                                                                     1371 Ridgewood Ave
                                                                                     Winter Park, FL 32789
                                                                                     (407)841-1901
                                                                                     Attorneys for Defendants


                                                         CERTIFICATE OF SERVICE

                                I HEREBY       CERTIFY       that the  original   of the  foregoing    was  furnished    via  U.S.

                       Mail   and  Electronically    this  14th   day  of  August,   2008,   to  Lynn    Walker    Wright,   Esq.,

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

                                                                                      S/ Jayson Zortman
                                                                                      Jayson Zortman