On September 27, 2021 a
Judgment
was filed
involving a dispute between
Preston Cove Homeowners Association Inc,
and
in the District Court of Lake County.
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INSTRUMENT#: 2022034860 OR BK 5914 PG 2318 PAGES: 2 3/11/2022 2:47:32 PM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
REC FEES: $0.00
Filing # 145539277 E-Filed 03/11/2022 11:52:05 AM
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT IN AND
FOR LAKE COUNTY, FLORIDA.
CASE NO.: 35-2021-CA-001657
PRESTON COVE HOMEOWNER’S
ASSOCITION, INC., a Florida
Corporation not-for-profit,
Plaintiff,
vs.
DAWN ELLINGWOOD,
Defendant.
/
NOTICE OF VOLUNTARY DISMISSAL
COMES NOW the Plaintiff, PRESTON COVE HOMEOWNER’S ASSOCIATION,
INC., by and through its undersigned counsel, pursuant to Rule 1.420(a), Fla. R. Civ. P.,
and gives notice of the voluntary dismissal of the instant lawsuit and would state:
1. The instant lawsuit has been rendered moot by the fact that the
Defendant, DAWN ELLINGWOOD, sold the property that was the subject of the instant
lawsuit and has thereby provided the relief requested by the Plaintiff.
2. Plaintiff reserves its rights to claim prevailing party attorney's fees. See,
Moritz vs. Hoyt Enterprises, Inc., 604 So.2d 807 (Fla. 1992) (“. . . the party prevailing on
the significant issues in the litigation is the party that should be considered the
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/11/2022 02:44:16 PM.INSTRUMENT# 2022034860 OR BOOK 5914/PAGE 2319 PAGE 2 of 2
prevailing party for attorney's fees.”).
DATED this 11th day of March 2022.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
mailed to Defendant, DAWN ELLINGWOOD, 32 Maplewood Drive, Northport, NY
11768 this 11th day of March 2022.
/s/ James E. Olsen
JAMES E. OLSEN, ESQ.
Fla. Bar #607703
Mateer Harbert, P.A.
225 E. Robinson Street, Suite 600
Orlando, Florida 32801
(407) 425-9044
Fx. (407) 423-2016
Em: jeolsen@mateerharbert.com
Sem: hoapleadings@mateerharbert.com
4892-4588-7508, v. 1
Document Filed Date
March 11, 2022
Case Filing Date
September 27, 2021
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INSTRUMENT#: 2022034860 OR BK 5914 PG 2318 PAGES: 2 3/11/2022 2:47:32 PM GARY J. COONEY, CLERK OF THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA REC FEES: $0.00 Filing # 145539277 E-Filed 03/11/2022 11:52:05 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA. CASE NO.: 35-2021-CA-001657 PRESTON COVE HOMEOWNER’S ASSOCITION, INC., a Florida Corporation not-for-profit, Plaintiff, vs. DAWN ELLINGWOOD, Defendant. / NOTICE OF VOLUNTARY DISMISSAL COMES NOW the Plaintiff, PRESTON COVE HOMEOWNER’S ASSOCIATION, INC., by and through its undersigned counsel, pursuant to Rule 1.420(a), Fla. R. Civ. P., and gives notice of the voluntary dismissal of the instant lawsuit and would state: 1. The instant lawsuit has been rendered moot by the fact that the Defendant, DAWN ELLINGWOOD, sold the property that was the subject of the instant lawsuit and has thereby provided the relief requested by the Plaintiff. 2. Plaintiff reserves its rights to claim prevailing party attorney's fees. See, Moritz vs. Hoyt Enterprises, Inc., 604 So.2d 807 (Fla. 1992) (“. . . the party prevailing on the significant issues in the litigation is the party that should be considered the FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 03/11/2022 02:44:16 PM.INSTRUMENT# 2022034860 OR BOOK 5914/PAGE 2319 PAGE 2 of 2 prevailing party for attorney's fees.”). DATED this 11th day of March 2022. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been mailed to Defendant, DAWN ELLINGWOOD, 32 Maplewood Drive, Northport, NY 11768 this 11th day of March 2022. /s/ James E. Olsen JAMES E. OLSEN, ESQ. Fla. Bar #607703 Mateer Harbert, P.A. 225 E. Robinson Street, Suite 600 Orlando, Florida 32801 (407) 425-9044 Fx. (407) 423-2016 Em: jeolsen@mateerharbert.com Sem: hoapleadings@mateerharbert.com 4892-4588-7508, v. 1