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Filing # 136085083 E-Filed 10/07/2021 09:53:37 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
LOANDEPOT.COM, LLC, CASE NO. 19-CA-002539
Plaintiff(s), DIVISION
VS.
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, SURVIVING SPOUSE,
GRANTEES, ASSIGNEE, LIENORS,
CREDITORS, TRUSTEES, AND ALL
OTHER PARTIES CLAIMING AN
INTEREST BY, THROUGH, UNDER, OR
AGAINST THE ESTATE OF ROBERT M.
DICKENS, DECEASED; et al.,
Defendant(s).
/
PLAINTIFF’S MOTION FOR LEAVE OF COURT TO FILE AN AMENDED
COMPLAINT
COMES NOW, the Plaintiff, LOANDEPOT.COM, LLC, by and through the undersigned
counsel, pursuant to Rule 1.190 of the Florida Rules of Civil Procedure, hereby files this Motion
for Leave of Court to File an Amended Complaint, and in support thereof states:
1. On or about November 19, 2019, Plaintiff filed its Complaint to Foreclose
Mortgage.
2. The Complaint is being amended to add Defendants: JOE TRIPP and BEATRIZ I.
TRIPP. Amendment of the Complaint is necessary in order for Plaintiff to appropriately proceed
with this action.
3. Florida’s rule governing amendments to pleadings states “leave of court shall be
given freely when justice so requires.” Fla. R. Civ. P. 1.190(a).
4. The proposed Amended Complaint is attached hereto as Exhibit “A”.
5. This motion is filed in good faith and not for the purpose of harassment, prejudice
or delay.
Fipeyonicaly Filed Marion Case # 19CA002539AX 10/07/2021 09:53:37 AMWHEREFORE, Plaintiff, loanDepot.com, LLC, respectfully requests this Honorable Court
to enter an order granting Plaintiff's Motion for Leave of Court to File an Amended Complaint
and grant such further relief as the Court deems appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided
via Electronic Mail or U.S. Mail to the parties listed on the attached service list, this 6 day
of October 2021,
ALDRIDGE PITE, LLP
Attorney for Plaintiff
1615 S. Congress Ave
Suite 200
Delray Beach, FL 33445
Phone: 561-392-6391
Fax: 561-392-6965
By: _/s Zachary Ullman
Florida Bar#: 106751)
Primary Email: ServiceMail@aldridgepite.com
1454-517BService List:
CASE NO.: -002539
Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse, Grantees, Assignee, Lienors,
Creditors, Trustees, And All Other Parties Claiming An Interest By Through Under or Against the
Estate of Robert M. Dickens, Deceased
19939 Southwest 93rd Lane
Dunnellon, FL 34432
Cheryl Sponagle
19939 Southwest 93rd Lane
Dunnellon, FL 34432
Rainbow Springs Property Owners Association, Inc.
c/o Geralyn A. Bond - Registered Agent
c/o Villages Services Co-operative, Inc.
2541 N Reston Terrace
Hernando, FL 34442
Unknown Tenant 1 N/K/A Tyler Sponagle
19939 Southwest 93rd Lane
Dunnellon, FL 34432
Unknown Tenant 2 N/K/A James Sponagle
19939 Southwest 93rd Lane
Dunnellon, FL 34432
1454-517B
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Filing # 136085083 E-Filed 10/07/2021 09:53:37 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA LOANDEPOT.COM, LLC, CASE NO. 19-CA-002539 Plaintiff(s), DIVISION VS. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER, OR AGAINST THE ESTATE OF ROBERT M. DICKENS, DECEASED; et al., Defendant(s). / PLAINTIFF’S MOTION FOR LEAVE OF COURT TO FILE AN AMENDED COMPLAINT COMES NOW, the Plaintiff, LOANDEPOT.COM, LLC, by and through the undersigned counsel, pursuant to Rule 1.190 of the Florida Rules of Civil Procedure, hereby files this Motion for Leave of Court to File an Amended Complaint, and in support thereof states: 1. On or about November 19, 2019, Plaintiff filed its Complaint to Foreclose Mortgage. 2. The Complaint is being amended to add Defendants: JOE TRIPP and BEATRIZ I. TRIPP. Amendment of the Complaint is necessary in order for Plaintiff to appropriately proceed with this action. 3. Florida’s rule governing amendments to pleadings states “leave of court shall be given freely when justice so requires.” Fla. R. Civ. P. 1.190(a). 4. The proposed Amended Complaint is attached hereto as Exhibit “A”. 5. This motion is filed in good faith and not for the purpose of harassment, prejudice or delay. Fipeyonicaly Filed Marion Case # 19CA002539AX 10/07/2021 09:53:37 AMWHEREFORE, Plaintiff, loanDepot.com, LLC, respectfully requests this Honorable Court to enter an order granting Plaintiff's Motion for Leave of Court to File an Amended Complaint and grant such further relief as the Court deems appropriate. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided via Electronic Mail or U.S. Mail to the parties listed on the attached service list, this 6 day of October 2021, ALDRIDGE PITE, LLP Attorney for Plaintiff 1615 S. Congress Ave Suite 200 Delray Beach, FL 33445 Phone: 561-392-6391 Fax: 561-392-6965 By: _/s Zachary Ullman Florida Bar#: 106751) Primary Email: ServiceMail@aldridgepite.com 1454-517BService List: CASE NO.: -002539 Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse, Grantees, Assignee, Lienors, Creditors, Trustees, And All Other Parties Claiming An Interest By Through Under or Against the Estate of Robert M. Dickens, Deceased 19939 Southwest 93rd Lane Dunnellon, FL 34432 Cheryl Sponagle 19939 Southwest 93rd Lane Dunnellon, FL 34432 Rainbow Springs Property Owners Association, Inc. c/o Geralyn A. Bond - Registered Agent c/o Villages Services Co-operative, Inc. 2541 N Reston Terrace Hernando, FL 34442 Unknown Tenant 1 N/K/A Tyler Sponagle 19939 Southwest 93rd Lane Dunnellon, FL 34432 Unknown Tenant 2 N/K/A James Sponagle 19939 Southwest 93rd Lane Dunnellon, FL 34432 1454-517B