Motion,Ex Parte: US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al.

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                                Filing #67770695 E-Filed 02/09/2018 02:42:16 PM


                                                                 IN THE CIRCUIT COURT OF THE
                                                                 NINTH JUDICIAL CIRCUIT, IN AND
                                                                 FOR ORANGE COUNTY, FLORIDA

                                                                 CASE NO.:     2017-CA-008145-O
         U.S .,BANK NATIONAL ASSOCIATION,

                 Plaintiff,
         VS.


         RAFAEL AGOSTO           et. al.,

                 Defendants.




               ORANGE COUNTY’S MOTION TO BE EXCUSED FROM APPEARING AT ALL
                                 HEARINGS, PRETRIAL MATTERS, AND TRIA!

                 Defendant ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the

         State of Florida (the “Defendant”), moves this Court to be excused from appearance at all hearings,

         pretrial matters, and the trial in this matter.

                 1        The Defendant filed an answer in which it asserts that it is a junior lien holder. As a

         junior lien holder, the Defendant is only entitled to payment of money if there is a surplus resulting

         from a judicially ordered sale of the property.

                 2.       The Defendant does not intend to appear at the trial of this cause, but does not wish to

         be defaulted, or have its answer stricken.

                 3        The Defendant further requests that it be copied on all subsequent documents

         and pleadings filed or issued in this matter, including any Final Judgment, Notice of Sale,

         Certificate of Sale, Certificate of Title, and/or Notice of Surplus Funds.

                 4.       None of the parties will be prejudiced by the Defendant’s absence.
WHEREFORE,           on   the basis   set forth above,   the Defendant,   ORANGE      COUNTY,

FLORIDA, requests this Court enter an order to excuse it from appearance at all hearings, pretrial

matters, and the trial in this matter.

                                    CERTIFICATE OF SERVICE

        1 HEREBY CERTIFY that on this atin            day of February 2018, a true and correct copy of

the foregoing was filed electronically with the court for e-mail delivery to the following:

Jonathan Meisels, Esq. (mail@rasflaw.com).




                                                 Yona uni08
                                                    ISTINA T; B
                                                             ‘Ounty   ttorney
                                                 Florida Bar No. 100691
                                                 Primary Email: foreclosure.eserve@ocfl.net
                                                 Secondary Email: cristina.berrios@ocfl.net
                                                 JEFFREY NEWTON
                                                 County Attorney
                                                 ORANGE COUNTY ATTORNEY’S OFFICE
                                                 Orange County Administration Center
                                                 201 S. Rosalind Avenue, 3rd Floor
                                                 Post Office Box 1393
                                                 Orlando, Florida 32802-1393
                                                 Telephone: 407-836-7320
                                                 Counsel for Orange County, Florida