Motion,Ex Parte: Jeff Stanton, et al Plaintiff vs. Kaila Ann Smith, et al Defendant

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                                Filing # 129589132 E-Filed 06/28/2021 09:19:28 AM
 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
 IN AND FOR BROWARD COUNTY, FLORIDA
 JEFF STANTON,
 Plaintiff,
 VS.
 CASE NO. CACE21-010733 (05)
 KAILA ANN SMITH,
 Defendant.
 1
 MOTION TO DISSOLVEPREJUDGMENTWRIT OF REPLEVIN
 COMES NOW, Defendant, KAILA ANN SMITH, ("Defendant" or "Smith") by and
 through her undersigned counsel and moves the court to dissolve the prejudgmentwrit ofreplevin
 heretofore entered by the court and states:
 1.
 This court entered a prejudgment writ of possession in favor of Plaintiff, for an
 Audi Q7 vehicle and an engagementring ("Replevined Property") that were in the possessionof
 Defendant.
 2.
 Plaintiff, JEFF STANTON ("Plaintiff' or "Stanton') wrongfully and falsely
 claimed ownership and entitlementto the ReplevinedProperty.
 3.
 Contemporaneously with the filing of Plaintiff'spetition (sic) for the prejudgment
 writ, Plaintifffiled a complaint for replevin in which Plaintiffalleged, inter alia, in Paragraph 16,
 that "Stanton and Smith entered into an oral agreement wherebyStantonwould transfer, convey
 and assign the Audi Q7 to Smith in exchange for the return ofthe subject engagement ring."
 4.
 In paragraph 26 of the complaint, Plaintiffreconfirmed that "Stanton and Smith
 entered into an oral agreementwhereby Stantonwould transfer, convey and assign the Audi Q7 to
 Smith in exchange for the return ofthe subjectengagementring.:,,
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/28/2021 09:19:28 AM.****
 5.
 In fact, title to the Audi Q7 was sold to and title was transferred to Defendant,who
 is now the owner ofthe replevied vehicle. See compositeExhibitA.
 6.
 Plaintiff failed to advise the court that the oral agreement was subsequently
 modifiedand amended by Plaintiff. On April 28,2021, after the oral agreementand shortlybefore
 filing the replevin action, Plaintiffconfirmedwithout condition,that the ring was hers and thathe
 would sell the engagementring and give Defendant the proceeds. See ExhibitB.
 7.
 Plaintiffiswrongfully currently in possessionofboththe Audi Q7 vehicle,titled in
 Defendantsname, as well as of the engagementring.
 8.
 Plaintiffisnot entitled to retainthereplevinedAudi Q7 even ifhe hadnotamended
 the oral agreement between the parties as he is possession of the engagementring, and the pre-
 amendment oral agreement has been satisfied.
 9.
 By virtue ofhe subsequent modificationto the agreement, Defendantis entitled to
 possession and ownership ofthe Audi 7 and of the engagementring ifhas not already been sold.
 If sold, Defendant is entitled to the proceeds of sale ofthe engagementring.
 WHEREFORE, Defendant moves the court to
 a.
 Immediately dissolve the prejudgmentwrit ofreplevin
 b. Order return of the ReplevinedPropertyto Defendant
 c.
 Conduct an immediate hearingon the issues raised in this motion in accordance
 with § 78.068(6)Florida Statutes
 CERTIFICATEOF SERVICE
 I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished
 via Florida e-portal to all counsel on this 22 day ofJune 2021.
 HOFFMAN, LARIN & AGNETTI, P. A.
 909 North Miami Beach Blvd.
 Suite 201
 North Miami Beach, Florida 33162
 (305) 653-5555 Telephone
 (305) 940-0090 Facsimile
 mhoffman(ahlalaw.com
 pleadingsdihlalaw.com
 Attorneys for the Defendant
 /3/ Martin L. Hojjtnan
 Martin L. Hoffman-Esquire
 Florida Bar No. 166421




 A04397
 1*il IJ#n Sill*Ionto: Dipt of Higl,wmySety -,d Mc*or Vehlcles. Net K*Rr- Bu-% T-l=see. FL 32399-0590
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 Date of Issue 04/19/2021
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 408 NE STH ST UNIT FORT
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 1. When ownership of the vehicledescribedhemin is
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 Mail To:
 2. Uponsale ofthis vehicle, the seller musg 99mplete
 tlie notice of sale on the reverseside of this form.
 iS0
 KAILA ANN SMITH
 3. Remove your license plate from the vehicle.
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 1881 NE 26TH ST SUITE 95
 4. See the web addressbelow for more informationand
 FORT LAUDERDALE
 FL 33305-1427
 the appropriateforms requiredforthe purchaserto
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 titleand registerlhevehicle, mobile home orvessel:
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