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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




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