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Filing jjghdpliidee 0 E-Filed 12/13/2019 11:43:15 AM
IN THE CIRCUIT COURT, EIGHTH
JUDICIAL CIRCUIT, IN AND FOR
BRADFORD COUNTY, FLORIDA
CASE NO.:
DIVISION:
GLENN C. OLIN, as Personal
Representative of THE ESTATE OF
ELAINE M. OLIN, deceased,
Plaintiff,
VS.
THOMAS MCCLELLAN,
Defendant,
/
COMPLAINT
COMES NOW the Plaintiff, GLENN C, OLIN, as Personal Representative of THE
ESTATE OF ELAINE M. OLIN. deceased (hereafter referred to as “Plaintiff” ”), by and through
the undersigned counsel and sues THOMAS MCCLELLAN (hereafter referred to as
“Defendant”), and alleges:
Jurisdiction and Parties
1. This is an action for equitable relief and damages that exceed $15,000.00 in value,
exclusive of interest, costs, and attorney’s fees,
2. Plaintiff is the Personal Representative of T HE ESTATE OF ELAINE M. OLIN,
deceased,
3. Plaintiff has the right to pursue claims of the estate as set forth in the Letters of
Administration issued in THE ESTATE OF ELAINE M. OLIN, deceased (hereafter referred to
as the “Estate”). A true and correct copy of the Letters of Administration are attached as Exhibit
“A” and incorporated herein by reference.
Electronically Filed Bradford Case # 19000658CAAXMX 12/13/2019 11:43:15 AM4. The Estate is the owner of real property situated in Bradford County, Florida,
more particularly described as set forth in paragraph 9 below (hereafter referred to as the
“Property”).
5. Atall times material hereto, Defendant is an individual residing in Bradford
County, Florida.
6. Venue is appropriate in Bradford County as the Property subject to litigation is
situated in Bradford County.
COUNT I
(Ejectment)
7. Plaintiff re-alleges and adopts by reference numbered paragraphs 1 through 6
above.
8. This is an action to recover possession of real property in Bradford County, Florida.
9. The Estate currently owns the following described real property located in Bradford
County, Florida:
The East three-quarters (E3/4) of Northwest Quarter (NW1 /4) of Northwest Quarter
(NW1/4) East of State Road and Southwest quarter (SW %) of Northeast quarter
(NE1/4) of Northwest quarter (NW ¥%) EXCEPT that portion West of State Road
16, all lying East of State Road 16 in Section 8, Township 6 South, Range 22 East.
Bradford County Parcel Identification Number: 02024-0-0000
10. Defendant is in possession of a portion of the real property described in paragraph
9, above, to which Plaintiff claims title.
11. Defendant refuses to deliver possession of the property to Plaintiff or pay Plaintiff
the profits from it.WHEREFORE, Plaintiff respectfully demands judgment against Defendant, THOMAS
MCCLELLAN, for possession and for damages, attorney’s fees and costs, and for such other relief
as the Court deems just and proper.
COUNT IT
(Trespass)
12. Plaintiff re-alleges and adopts by reference numbered paragraphs 1 through 6
above.
13. This is an action for trespass to land, pled in the alternative to counts I and IIL,
14. The Estate is the fee simple owner of the real property described in paragraph 9,
15. The Defendant began oceupying a portion of the property with the permission of
Elaine M. Olin, deceased, the owner of record of the subject property, in consideration of monthly
rental payments.
16. The Defendant now occupies a portion of the property without the permission of
the Plaintiff.
17. The Plaintiff has demanded that the Defendant vacate that portion of the property
that the Defendant currently occupies, however the Defendant refuses to do so.
18. The property has depreciated in value because of the afore-pled trespass by
Defendant,
19. Defendant's trespass is continuing from day to day.
20. Asadirect and proximate cause of the Defendant’s continued trespass, Plaintiff has
been unable to occupy and enjoy possession of the Property.
21. Defendant’s trespass has prevented Plaintiff from using this property as intended
and benefitting from its quiet enjoyment of the Property.22. Plaintiff has incurred damages by not being able to sell or lease the property as a
result of Defendant’s trespass.
23. Further, Plaintiff has incurred special damages because of Defendant’s trespass in
the form of attorney’s fees incurred to enjoin Defendant from further trespass.
WHEREFORE, Plaintiff respectfully demands judgment against Defendant, THOMAS
MCCLELLAN, for damages, attorney’s fees and costs, and for such other relief as the Court deems
just and proper.
COUNT Hf
(Injunctive Relief)
24, Plaintiff re-alleges and adopts by reference numbered paragraphs 1 through 6
25. This is an action for a permanent injunction, pled in the alternative to counts I and
Il.
26. Defendant's trespass is continuing from day to day.
27, Plaintiff's property has decreased in value because of Defendant’s trespass on and
use of Plaintiff's property.
28. ‘If not permanently enjoined, said Defendant's trespass and use of Plaintiffs
property might ripen into a right of prescriptive use.
29. If not permanently enjoined, said Defendant’s trespass and use of Plaintiff's
property will cause Plaintiff irreparable harm, including but not limited to, diminished value of its
property.
30. The Estate is the owner of the real property described in paragraph 9, above and, as
such, Plaintiff has a clear legal right to the real property described in paragraph 9, above.
31, Plaintiff has no adequate remedy at law.32. Plaintiff's requested injunction would not be contrary to the interest of the public
in general.
WHEREFORE, Plaintiff respectfully demands a judgment permanently enjoining
Defendant, THOMAS MCCLELLAN, and their invitees and guests from trespassing on Plaintiff's
property, and awarding Plaintiff damages, attorney’s fees and costs, and such other relief as the
Court deems just and proper.
DUKES LEGAL, P.A.
/s/ M. Aaron Dukes
M. AARON DUKES
Florida Bar No, 124349
Post Office Box 328
Lake Butler, Florida 32054
(386) 269-2394 (Telephone)
aaron@dukeslegal.com
dukeslegal@outlook.com
Attorney for PlaintiffFiling # 99242057 E-Filed 11/21/2019 11:13:53 AM
IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CASE NUMBER: 04-2019-CP-000119-CPAM
Estate Division
IN RE: The Estate of
ELAINE OLIN,
Deceased.
LE F ADMIN. 10}
TO ALL WHOM IT MAY CONCERN
WHEREAS, Decedent, ELAINE M. OLIN, whose last known address was 509 SR 230 E.
Starke, FL 32091, and whose age was 75 and who died on September 17, 2019, in Bradford
County, Florida, and at the time of death decedent was a resident of the State of Florida owning
assets in the State Of Florida, was domiciled in Bradford County, Florida and was not married at
the time of death; and
WHEREAS, GLENN C. OLIN has been appointed personal representative of the estate of the
decedent and has preformed all acts prerequisite to issuance of Letters of Administration in the
estate,
NOW, THEREFORE, I the undersigned circuit judge declare, GLENN C. OLIN duly qualified
under the laws of the State of Florida to act as personal representative of the estate of ELAINE M.
OLIN deceased, with full power to administer the estate according to law, to ask, demand sue for,
recover and receive the property of the decedent, to pay the debts of the decedent as far as the assets
of the estate will permit and the law directs; and to make distribution of the estate according to law.
DONE AND ORDERED on Thursday, November 21, 2019.
David P. Kreider, Circuit Judge:
04-2019-CP-000119-CPAM 11/21/2019 10:31:22 AM
Electronically Filed Bradford County Case # 19000119CPAXMX 11/21/2019 11:13:53 AM
04-2019-CP-000119-CPAM ggg gfCERTIFICATE OF SERVICE
I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Thursday, November 21, 2019, to the following:
CHARLES DANIEL SIKES
dan sikes30@gmail.com
Debbie Spivey, Judical 4 Co
04-201:
'9-CP-060119-CPAM 11/21/2019 11:13:38 AM.
Under the Americans with Disabilities Act, if yow are a person with a disability
who needs any accommodation in order to participate in a proceeding, you are
entitled to be provided with certain assistance at ho cost te you. Please contact
the ADA Coordinator at (352)337-6237 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days. If you are hearing or voice
impaired, call 1-800-955-8770 via Florida Relay Service.
04-2019-CP-000119-CPAM “Page 2 of?
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Filing jjghdpliidee 0 E-Filed 12/13/2019 11:43:15 AM IN THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT, IN AND FOR BRADFORD COUNTY, FLORIDA CASE NO.: DIVISION: GLENN C. OLIN, as Personal Representative of THE ESTATE OF ELAINE M. OLIN, deceased, Plaintiff, VS. THOMAS MCCLELLAN, Defendant, / COMPLAINT COMES NOW the Plaintiff, GLENN C, OLIN, as Personal Representative of THE ESTATE OF ELAINE M. OLIN. deceased (hereafter referred to as “Plaintiff” ”), by and through the undersigned counsel and sues THOMAS MCCLELLAN (hereafter referred to as “Defendant”), and alleges: Jurisdiction and Parties 1. This is an action for equitable relief and damages that exceed $15,000.00 in value, exclusive of interest, costs, and attorney’s fees, 2. Plaintiff is the Personal Representative of T HE ESTATE OF ELAINE M. OLIN, deceased, 3. Plaintiff has the right to pursue claims of the estate as set forth in the Letters of Administration issued in THE ESTATE OF ELAINE M. OLIN, deceased (hereafter referred to as the “Estate”). A true and correct copy of the Letters of Administration are attached as Exhibit “A” and incorporated herein by reference. Electronically Filed Bradford Case # 19000658CAAXMX 12/13/2019 11:43:15 AM4. The Estate is the owner of real property situated in Bradford County, Florida, more particularly described as set forth in paragraph 9 below (hereafter referred to as the “Property”). 5. Atall times material hereto, Defendant is an individual residing in Bradford County, Florida. 6. Venue is appropriate in Bradford County as the Property subject to litigation is situated in Bradford County. COUNT I (Ejectment) 7. Plaintiff re-alleges and adopts by reference numbered paragraphs 1 through 6 above. 8. This is an action to recover possession of real property in Bradford County, Florida. 9. The Estate currently owns the following described real property located in Bradford County, Florida: The East three-quarters (E3/4) of Northwest Quarter (NW1 /4) of Northwest Quarter (NW1/4) East of State Road and Southwest quarter (SW %) of Northeast quarter (NE1/4) of Northwest quarter (NW ¥%) EXCEPT that portion West of State Road 16, all lying East of State Road 16 in Section 8, Township 6 South, Range 22 East. Bradford County Parcel Identification Number: 02024-0-0000 10. Defendant is in possession of a portion of the real property described in paragraph 9, above, to which Plaintiff claims title. 11. Defendant refuses to deliver possession of the property to Plaintiff or pay Plaintiff the profits from it.WHEREFORE, Plaintiff respectfully demands judgment against Defendant, THOMAS MCCLELLAN, for possession and for damages, attorney’s fees and costs, and for such other relief as the Court deems just and proper. COUNT IT (Trespass) 12. Plaintiff re-alleges and adopts by reference numbered paragraphs 1 through 6 above. 13. This is an action for trespass to land, pled in the alternative to counts I and IIL, 14. The Estate is the fee simple owner of the real property described in paragraph 9, 15. The Defendant began oceupying a portion of the property with the permission of Elaine M. Olin, deceased, the owner of record of the subject property, in consideration of monthly rental payments. 16. The Defendant now occupies a portion of the property without the permission of the Plaintiff. 17. The Plaintiff has demanded that the Defendant vacate that portion of the property that the Defendant currently occupies, however the Defendant refuses to do so. 18. The property has depreciated in value because of the afore-pled trespass by Defendant, 19. Defendant's trespass is continuing from day to day. 20. Asadirect and proximate cause of the Defendant’s continued trespass, Plaintiff has been unable to occupy and enjoy possession of the Property. 21. Defendant’s trespass has prevented Plaintiff from using this property as intended and benefitting from its quiet enjoyment of the Property.22. Plaintiff has incurred damages by not being able to sell or lease the property as a result of Defendant’s trespass. 23. Further, Plaintiff has incurred special damages because of Defendant’s trespass in the form of attorney’s fees incurred to enjoin Defendant from further trespass. WHEREFORE, Plaintiff respectfully demands judgment against Defendant, THOMAS MCCLELLAN, for damages, attorney’s fees and costs, and for such other relief as the Court deems just and proper. COUNT Hf (Injunctive Relief) 24, Plaintiff re-alleges and adopts by reference numbered paragraphs 1 through 6 25. This is an action for a permanent injunction, pled in the alternative to counts I and Il. 26. Defendant's trespass is continuing from day to day. 27, Plaintiff's property has decreased in value because of Defendant’s trespass on and use of Plaintiff's property. 28. ‘If not permanently enjoined, said Defendant's trespass and use of Plaintiffs property might ripen into a right of prescriptive use. 29. If not permanently enjoined, said Defendant’s trespass and use of Plaintiff's property will cause Plaintiff irreparable harm, including but not limited to, diminished value of its property. 30. The Estate is the owner of the real property described in paragraph 9, above and, as such, Plaintiff has a clear legal right to the real property described in paragraph 9, above. 31, Plaintiff has no adequate remedy at law.32. Plaintiff's requested injunction would not be contrary to the interest of the public in general. WHEREFORE, Plaintiff respectfully demands a judgment permanently enjoining Defendant, THOMAS MCCLELLAN, and their invitees and guests from trespassing on Plaintiff's property, and awarding Plaintiff damages, attorney’s fees and costs, and such other relief as the Court deems just and proper. DUKES LEGAL, P.A. /s/ M. Aaron Dukes M. AARON DUKES Florida Bar No, 124349 Post Office Box 328 Lake Butler, Florida 32054 (386) 269-2394 (Telephone) aaron@dukeslegal.com dukeslegal@outlook.com Attorney for PlaintiffFiling # 99242057 E-Filed 11/21/2019 11:13:53 AM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CASE NUMBER: 04-2019-CP-000119-CPAM Estate Division IN RE: The Estate of ELAINE OLIN, Deceased. LE F ADMIN. 10} TO ALL WHOM IT MAY CONCERN WHEREAS, Decedent, ELAINE M. OLIN, whose last known address was 509 SR 230 E. Starke, FL 32091, and whose age was 75 and who died on September 17, 2019, in Bradford County, Florida, and at the time of death decedent was a resident of the State of Florida owning assets in the State Of Florida, was domiciled in Bradford County, Florida and was not married at the time of death; and WHEREAS, GLENN C. OLIN has been appointed personal representative of the estate of the decedent and has preformed all acts prerequisite to issuance of Letters of Administration in the estate, NOW, THEREFORE, I the undersigned circuit judge declare, GLENN C. OLIN duly qualified under the laws of the State of Florida to act as personal representative of the estate of ELAINE M. OLIN deceased, with full power to administer the estate according to law, to ask, demand sue for, recover and receive the property of the decedent, to pay the debts of the decedent as far as the assets of the estate will permit and the law directs; and to make distribution of the estate according to law. DONE AND ORDERED on Thursday, November 21, 2019. David P. Kreider, Circuit Judge: 04-2019-CP-000119-CPAM 11/21/2019 10:31:22 AM Electronically Filed Bradford County Case # 19000119CPAXMX 11/21/2019 11:13:53 AM 04-2019-CP-000119-CPAM ggg gfCERTIFICATE OF SERVICE I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Thursday, November 21, 2019, to the following: CHARLES DANIEL SIKES dan sikes30@gmail.com Debbie Spivey, Judical 4 Co 04-201: '9-CP-060119-CPAM 11/21/2019 11:13:38 AM. Under the Americans with Disabilities Act, if yow are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled to be provided with certain assistance at ho cost te you. Please contact the ADA Coordinator at (352)337-6237 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 1-800-955-8770 via Florida Relay Service. 04-2019-CP-000119-CPAM “Page 2 of?