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Filing # 102779288 E-Filed 02/05/2020 11:15:42 AM
IN THE COUNTY COURT OF THE 6‘" JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CASE: 19-010880-C0
EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC,
a not-for-profit Florida corporation,
Plaintiff,
VS.
KEVIN CHARLES KEARNEY; CARI KEARNEY;
AND UNKNOWN TENANT(S),
Defendants.
/
MOTION FOR FINAL SUMMARY JUDGMENT
Plaintiff, EAST LAKE WOODLANDS ASSOCIATION, INC. by and through its undersigned attorney,
files t_hisMotion for Final Summary Judgment, of its Complaint pursuant t0 Rule 1.5 1 0, FloridaRules OfCivil
Procedure, and as ground therefore, would show that the pleadings on file, including the affidavits filed
herein, demonstrate that there isno genuine issue of material fact and that Plaintiff is entitled to a summary
judgment as a matter of law, and further states as follows:
1. Pursuant t0 Florida Statute Section 720.3085 and all relevant documents filed herein, Plaintiff is
entitled to a summary judgment.
2. Plaintiff provided Defendant with written notice pursuant to Florida Statute 720.3085(4), prior t0
recording itsClaim of Lien, a copy of which is attached hereto as Exhibit A.
3. Plaintiff recorded its Claim 0f Lien on June 3,2019, in the Pinellas County Official Records Book
20562, Page 2169, a copy 0f which is attached hereto as Exhibit B.
4. Plaintiff subsequently provided Defendant with an additional statutory notice as required by Florida.
Statute 72030856) a copy 0f which isattached hereto as Exhibit C.
5. Defendants have failed t0 pay monthly assessments in accordance with the Declaration ofCovenants,
Restrictions and Easements, recorded in the Pinellas County Official Records Book 6736, Page 959
et.seq., previously filed herein with said amounts further set forth in Plaintiff’s Affidavit in Proofof
Claim, attached hereto as Exhibit D.
***ELECTRONICALLY FILED 02/05/2020 11:15:42 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
6. Plaintiffis entitled to recover its Attorney Fees and Court Costs, with said amounts further set forth in
Affidavits attached hereto as Exhibit E and F.
7. Plaintiff is entitled to recover said amounts as supported by Affidavits filed herein.
8. Plaintiff requests that this Court deem same reasonable in accordance with Florida Patients
Compensation Fund v. Rowe. 472"So.2nd 1145 (Fla. 1985), as further evidenced by Plaintiff’s
Affidavit of Attorney’s Fees.
WHEREFORE, Plaintiff requests this Court to enter Final Summary Judgment, determining the
amount owed by the Defendants, for assessments, interest, late fees, costs and attorney’s fees, and set a date
for a foreclosure sale in accordance with the procedures of this Court; or alternatively to enter a money
judgment for ail amounts due.
CERTIFICATE 0F SERVICE
IHEREBY CERTIFY that a copy of the foregoing Motio/fior Summary Judgment has been
furnished by regular U. S. Mail to the following parties, on this
KEVIN CHARLES KEARNEY and CARI KEARNEY 205
fl
Woods
day of February 2020
Landing Trail, Oldsmar, FL 34677
Unknown Tenant, 205 Woods Landing Trail Oldsmar, FL 34677
Respectfully Submitted:
LAW GROUP
NDON K. MULLIS, Q.
Attornev for Plaintiff _
E-Mail: Service@MankinLawGr0up.com
2535 Landmark Drive, Suite 212
Clearwater, FL. 33761
(727) 725—0559
FBN: 0023217
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Filing # 102779288 E-Filed 02/05/2020 11:15:42 AM IN THE COUNTY COURT OF THE 6‘" JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CASE: 19-010880-C0 EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC, a not-for-profit Florida corporation, Plaintiff, VS. KEVIN CHARLES KEARNEY; CARI KEARNEY; AND UNKNOWN TENANT(S), Defendants. / MOTION FOR FINAL SUMMARY JUDGMENT Plaintiff, EAST LAKE WOODLANDS ASSOCIATION, INC. by and through its undersigned attorney, files t_hisMotion for Final Summary Judgment, of its Complaint pursuant t0 Rule 1.5 1 0, FloridaRules OfCivil Procedure, and as ground therefore, would show that the pleadings on file, including the affidavits filed herein, demonstrate that there isno genuine issue of material fact and that Plaintiff is entitled to a summary judgment as a matter of law, and further states as follows: 1. Pursuant t0 Florida Statute Section 720.3085 and all relevant documents filed herein, Plaintiff is entitled to a summary judgment. 2. Plaintiff provided Defendant with written notice pursuant to Florida Statute 720.3085(4), prior t0 recording itsClaim of Lien, a copy of which is attached hereto as Exhibit A. 3. Plaintiff recorded its Claim 0f Lien on June 3,2019, in the Pinellas County Official Records Book 20562, Page 2169, a copy 0f which is attached hereto as Exhibit B. 4. Plaintiff subsequently provided Defendant with an additional statutory notice as required by Florida. Statute 72030856) a copy 0f which isattached hereto as Exhibit C. 5. Defendants have failed t0 pay monthly assessments in accordance with the Declaration ofCovenants, Restrictions and Easements, recorded in the Pinellas County Official Records Book 6736, Page 959 et.seq., previously filed herein with said amounts further set forth in Plaintiff’s Affidavit in Proofof Claim, attached hereto as Exhibit D. ***ELECTRONICALLY FILED 02/05/2020 11:15:42 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 6. Plaintiffis entitled to recover its Attorney Fees and Court Costs, with said amounts further set forth in Affidavits attached hereto as Exhibit E and F. 7. Plaintiff is entitled to recover said amounts as supported by Affidavits filed herein. 8. Plaintiff requests that this Court deem same reasonable in accordance with Florida Patients Compensation Fund v. Rowe. 472"So.2nd 1145 (Fla. 1985), as further evidenced by Plaintiff’s Affidavit of Attorney’s Fees. WHEREFORE, Plaintiff requests this Court to enter Final Summary Judgment, determining the amount owed by the Defendants, for assessments, interest, late fees, costs and attorney’s fees, and set a date for a foreclosure sale in accordance with the procedures of this Court; or alternatively to enter a money judgment for ail amounts due. CERTIFICATE 0F SERVICE IHEREBY CERTIFY that a copy of the foregoing Motio/fior Summary Judgment has been furnished by regular U. S. Mail to the following parties, on this KEVIN CHARLES KEARNEY and CARI KEARNEY 205 fl Woods day of February 2020 Landing Trail, Oldsmar, FL 34677 Unknown Tenant, 205 Woods Landing Trail Oldsmar, FL 34677 Respectfully Submitted: LAW GROUP NDON K. MULLIS, Q. Attornev for Plaintiff _ E-Mail: Service@MankinLawGr0up.com 2535 Landmark Drive, Suite 212 Clearwater, FL. 33761 (727) 725—0559 FBN: 0023217