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  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
						
                                

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Filing # 126880329 E-Filed 05/15/2021 03:08:22 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA - CIVIL DIVISION RIDGE TOP EXTERIORS, LLC, Case No.: 2020-006863-SC a Florida limited liability company, Division: Plaintiff V MATT S. TURPIN, and ELISABETH PARKER, Defendants. i PLAINTIFF'S MOTION FOR ENTRY OF A FINAL JUDGMENT OF LIEN AND ENTRY OF AN ORDER PROVIDING THE REMEDY OF FORECLOSURE OF LIEN AS TO COUNT III Plaintiff, RIDGE TOP EXTERIORS, LLC ("PLAINTIFF"), by and through its undersigned counsel, hereby files this Motion for Entry of a Final Judgment of Lien and entry of an Order providing the remedy of foreclosure as to Count III, and avers as follows: Background Facts & Procedural Posture 1. On November 13, 2019 PLAINTIFFforwarded a copy of a Recorded Claim of Lien and a demand for payment to Defendants MATT S. TURPIN and ELIZABETH PARKER (hereinafter collectively "DEFENDANTS") as owners of real property bearing a common street address of 119 S. Spring Blvd., Tarpon Springs, FL 34689 (hereinafter the "Subject Property". A copy of the Notice to Defendants is attached hereto as Exhibit "A.001-005." The lien was disputed, and no payment was made by the owner. 2. On September 24, 2020, the PLAINTIFF provided a copy of the Final Contractor's Affidavit to the DEFENDANTS. A copy of the Letter to Defendants enclosing the Contractor's Final ,, Payment Affidavit is attached as Exhibit "B.001-005. 3 On September 29, 2021, The PLAINTIFF filed suit seeking to foreclose on the Lien. (e- Filing #114115066; Docket. #2) and the DEFENDANTS were served with the lawsuit on or about December 5,2020. The Returns of Service were filed with the Court on December 10,2020. (e-Filing #117989313; Docket #6 and 7.) 4. Ultimately, the parties appeared for a Non-Jury Trial via Zoom on March 22, 2021 wherein Judgment was granted for PLAINTIFF all three counts plead in Plaintiff' s Complaint. Page 1 of 3 ***ELECTRONICALLYFILED 05/15/2021 03:08:21 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 5. At the Final Hearing, the Court reserved jurisdiction as to "Attorney's Fees and Costs and the remedy of foreclosure" A copy of the March 30, 2021 Order from Final Hearing is attached hereto as Exhibit "C.001." (Emphasis supplied.) 6. The Court did not finalize Count III by failing to grant the entitlementto and the remedy of Foreclosure at the conclusion of the hearing as itwas reserved prior to the filing of an additional action as follows: If the homeowners want to make arrangements to pay itprior to the filing of any additional action, what I mean by that lien, foreclosure, going down that road, they're certainly free to do that but the Court's ruling stands for all of the amounts stated. An excerpt of the transcript from the March 22, 2021 Final Hearing/Non-JuryTrial is attached hereto as Exhibit "D.001-002." (Emphasis Supplied.) Motion for Final Judgment of Lien and the Entrv of the Remedv of Foreclosure 7. As a matter of law, there has been no judgment of lien and foreclosure entered in favor of PLAINTIFF as the Court "reserved jurisdiction as to the remedy of foreclosure" Id. 8 The March 30,2021 order is a non-final order as to Count III - Foreclosure, as it does not dispose of all the claims in the PLAINTIFF' S Complaint. 9- The March 30, 2021 Order is executable for the sale of foreclosure on the subject property. 10. Plaintiffis entitled to a Final Judgment that was withheld by the Court that includes the remedy of Foreclosure. Alpaugh Plumbing & Supply of Tampa, Inc. v. The Fee-Walters Corporation, 947 So. 2d 682 (Fla. 2d DCA 2007); Doug Hambel's Plumbing, Inc. v. Conway, 883 So. 2d 375 (Fla. 4th DCA 2004). 11. Fla. Stat. § 713.29 feesmayproperly be taxed after the entry of a final judgment in a lien th foreclosureaction. Parsons v. Whitaker Plumbing, Inc., 751 So. 2d 655, 656 (Fla.4 DCA 1999) 12. Plaintiffis entitled to have the Final Judgment of Foreclosure liquidated by the Clerk of Court at public sale in the total amount of the Final Judgment as to be determined and entered by the Court. Page 2 of 3 WHEREFORE, Plaintiff RIDGE TOP EXTERIORS, LLC moves this Court for the entry of a Final Judgment of the subject Lien and entry of an Order providing the remedy offoreclosureas to Count III o f Plaintiff's Complaint and for such other and further relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e- designation on this 15th day of Mav, 2021 to: and Counsel for DefendantsRhodus Law Firm, PLLC, Kristin Rhodus, Esq., 447 3rd Ave N., Ste. 406, St. Petersburg, FL 33701 @ & Cox Law, PLLC BY: I.PC- Sean P. Cox, Esq., CPCU, MBA, ARM, AIC Florida Bar Number: 706760 156 E Bloomingdale Ave. Brandon, FL 33511 Tel: 813-685-8600 Fax: 813-685-8699 sean @coxlawplc.com SPC/vag vanessa @coxlawplc.com Cc: Client ATTORNEYFOR PLAINTIFF RIDGE TOP EXTERIORS, LLC Page 3 of 3