On May 02, 2017 a
Judgment
was filed
involving a dispute between
Orange Lake Country Club Inc,
and
Alejandro Ruiz,
Bernadino N Mendez Jr,
Carrie Flores,
Deborah M Daniels,
Deidre N Vernon,
Gabriela M Cavalla,
Hector Cavallo,
James H Ryan As Trustee,
Karin Flores,
Louise C Ryan As Trustee Of The James H And Louise C Ryan Revocable Living Trust Dated August 28 2006 Trst,
Maria L Ruiz,
Patrice A Frink,
Peter H Frink,
Renada Michelle Riley King,
Roderick Elder,
Rudy Flores Jr,
Sabrina M Riley Sabrina Mary Riley Aka,
Scott E Branning,
Scott F Daniels,
Tamera E Simmons,
Tonya L Mendez,
for CA - Other Real Property Actions (up to $50,000)
in the District Court of Orange County.
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IN THE CIRCUIT COURT,
IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO. 17-CA-003967-0 #33
ORANGE LAKE COUNTRY CLUB, INC.,
Plaintiff,
vs.
FRINK ET. AL.,
Defendant(s).
FINAL SUMMARY JUDGMENT OF FORECLOSURE (IN REM) AS TO COUNT VIL
RODERICK ELDER and DEIDRE N. VERNON
This cause came before the Court for hearing upon Plaintiff's Motion for Entry of FINAL
SUMMARY JUDGMENT as to the Count(s) above. After reviewing the record, including
affidavits submitted by Plaintiff, hearing the argument of counsel, and being otherwise fully
advised in the premises, the Court finds that Plaintiff is entitled to the entry of a Judgment in its
favor. It is, therefore,
ORDERED and ADJUDGED:
COUNT VIL,
Plaintiff's Motion for Entry of FINAL SUMMARY JUDGMENT as to Count
VII, RODERICK ELDER AND DEIDRE N. VERNON, is granted.
Plaintiff, Orange Lake Country Club, Inc., whose address is 8505 West Irlo
Bronson Memorial Highway, Kissimmee, Florida 34747-8201, is due:
Unpaid Assessments $ | 4,983.94
Late/Collection Fees $ | 3,063.36
Cost of this Action $ 256.03
Total Sum due to Plaintiff through 2-21-18 $ } 8,303.33Plaintiff holds a lien for the total sum superior to all claims or estates of
Defendant(s), RODERICK ELDER AND DEIDRE N. VERNON, on the
following described property in Orange County, Florida:
WEEK/UNIT: 1/87822
of Orange Lake Country Club Villas [I], a Condominium, together with an
undivided interest in the common elements appurtenant thereto, according to the
Declaration of Condominium thereof recorded in Official Records Book 5914,
Page 1965, in the Public Records of Orange County, Florida, and all amendments
thereto; the plat of which is recorded in Condominium Book 28, page 84-92 until
12:00 noon on the first Saturday 2071, at which date said estate shall terminate;
TOGETHER with a remainder over in fee simple absolute as tenant in common
with the other owners of all the unit weeks in the above described Condominium
in the percentage interest established in the Declaration of Condominium.
TOGETHER with all of the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
The aforesaid total sum due to Plaintiff shall bear interest at the rate of five 53/100
percent (5.53%) per year.
If the total sum with interest at the rate described in paragraph 2 and all costs accrued
subsequent to this judgment are not paid, the Clerk of this Court shall sell the property at
public sale to the highest bidder for cash, except as prescribed in paragraph 6, on
March 21, 2018, at 11:00 a.m. Eastern time, in accordance with Section 45.031,
Florida Statutes, at www.myorangeclerk.realforeclose.com,
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION THERE MAY BE
ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO
ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PUSUANT TO THIS
FINAL SUMMARY JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS
REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERKNO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM,
YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
Plaintiff shall advance all subsequent costs of this action (excluding documentary stamps)
with further order of the court and shall be reimbursed for them by the Clerk if the
Plaintiff is not the purchaser of the property at the sale. If Plaintiff is the purchaser, the
Clerk shall credit Plaintiff's bid with the total sum with interest and costs accruing
subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. All
service charges assessed by the Clerk of this Court pursuant to Section 28.24, Florida
Statutes, together with proper documentary stamps to be affixed to the certificate of title
shall be paid by the highest bidder at the sale.
On filing the certificate of title, the Clerk shall distribute the proceeds of the sale, so far
as they are sufficient by paying: first, all of Plaintiffs costs; including attorney’s fees,
second, documentary stamps affixed to the certificate; third the total sum due to Plaintiff
less the items paid, plus interest at the rate prescribed in paragraph 2 from this date to the
date of the sale; and by retaining any amount remaining pending the further order of this
Court.
On filing the certificate of sale, the Defendants and all persons claiming under or against
the Defendants since the filing of the Notice of Lis Pendens shall be foreclosed of all
estate or claim in the property and the purchaser at the sale shall be let into possession of
the property. If any Defendant remains in possession of the property, the Clerk shall upon
further order of the court issue forthwith a writ of possession upon request of the person
named on the Certificate of Title.6. Jurisdiction of this action is retained to enter further orders that are proper.
ORDERED at Orlando, Orange County, Florida, on this 21‘ day of February, 2018.
MW
Kevin B. Weiss
Circuit Court Judge
Case # 17-CA-003967-O #33, Orange Lake Country Club, Inc. v. FRINK ET. AL.,Count VII
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing FINAL SUMMARY
JUDGMENT of foreclosure was furnished by delivery or first-class mail to Roderick Elder and
Deidre N. Vernon, *4938 River Overlook Way Apt. 182A, Lithonia, GA 30038-6233,
on this 21 day of February, 2018.
JERRY E.ARON, P.A.
O3ay