leg2019L9.docx November 6, 2018 Honorable William L. Roby Circuit Court Judge 100 East Ocean Blvd. Stuart, FL 34994 Re: Amerihome Mortgage Company, LLC v. Delaney Daily, et al.; Case No. 2018-CA-602 Dear Judge Roby, Enclosed please find a courtesy copy of Martin County, Florida Clerk of the Circuit Court’s Motion to be Excused from Future Appearances, which has been filed with the Court. Also enclosed is a proposed Order on said Motion along with sufficient copies and self-addressed, stamped envelopes for your mailing convenience. Please let me know if you have any questions. Sincerely, Elizabeth Lenihan Assistant County Attorney Enclosures cc: Brittany Gramsky, Esq. (via email) Peter E. Lanning, Esq. (via email) Jeffrey J. Saunders, Esq. (via email) State of Florida, Department of Revenue (via U.S. Mail) Tiffany Jessop (via U.S. Mail) Unknown Tenants 1 and 2 (via U.S. Mail) MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD  STUART, FL 34996 Telephone: (772) 288-5444 Fax: (772) 288-5439 Email: elenihan@martin.fl.us DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 HAROLD E. JENKINS II Commissioner, District 3 SARAH HEARD Commissioner, District 4 EDWARD V. CIAMPI Commissioner, District 5 TARYN KRYZDA, CPM County Administrator SARAH W. WOODS County Attorney TELEPHONE 772-288-5400 WEB ADDRESS http://www.martin.fl.us 1 of 7 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA AMERIHOME MORTGAGE COMPANY, LLC, Plaintiff, CASE NO. 2018-CA-602 vs. DELANEY DAILY; JAN-ANDREW SPOSATO; MARTIN COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT; STATE OF FLORIDA, DEPARTMENT OF REVENUE; TIFFANY JESSOP; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN PARTY #1, UNKNOWN PARTY #2, UNKNOWN PARTY #3, AND UNKNOWN PARTY #4 THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION, Defendants. ___________________________________________/ MARTIN COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT’S MOTION TO BE EXCUSED FROM FUTURE APPEARANCES Defendant, Martin County, Florida Clerk of the Circuit Court (“the Clerk”), respectfully requests the Court to excuse the Clerk’s appearance at all future hearings and proceedings in this case. On or about October 29, 2018, the Clerk was served with the Verified Mortgage Foreclosure Complaint (“Complaint”). The Clerk has answered the Complaint, but would only be entitled to surplus funds remaining in the Court’s registry (if any) after the foreclosure sale of the subject property. The Clerk seeks to avoid unnecessary burden and public expense associated with the defense of this case, and likewise seeks to avoid a default or sanction for nonappearance. Providing the relief herein sought would not prejudice any party to this litigation. Notwithstanding the foregoing, the Clerk intends to remain on the service list and to be copied with all subsequent filings in this matter, including any Final Judgment, Notice of Sale, Certificate of Filing # 80373289 E-Filed 11/06/2018 09:51:52 AM 2 of 7 2 Sale, Certificate of Title, and Certificate of Disbursements. WHEREFORE, Defendant, Martin County, Florida Clerk of the Circuit Court, respectfully requests the Court to excuse the Clerk’s appearance at all future hearings and proceedings in this matter. Respectfully submitted by: SARAH W. WOODS COUNTY ATTORNEY Martin County Administrative Center 2401 SE Monterey Road Stuart, FL 34996-3322 Telephone: (772) 288-5444 Facsimile: (772) 288-5439 LegalEsvc@martin.fl.us /s/ Elizabeth V. Lenihan_____ ELIZABETH V. LENIHAN Assistant County Attorney (Fla. Bar No. 44468) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6 th day of November, 2018, a true and correct copy of the foregoing was furnished by e-mail or other appropriate form of service as indicated below to each of the following: Brittany Gramsky, Esq. Albertelli Law Attorney for Plaintiff PO Box 23028 Tampa, FL 33623 servealaw@albertellilaw.com Peter E. Lanning eXL Legal, PLLC Attorney for Plaintiff 12425 28 th St. N, Suite 200 St. Petersburg, FL 33716 efiling@exllegal.com Jeffrey J. Saunders, Esq. Crary-Buchanan Attorney for Defendants, Jan-Andrew Sposato And Delaney Dailey 759 SW Federal Hwy, Ste. 106 Stuart, FL 34994 jjs@crarybuchanan.com 3 of 7 3 rciarsolo@crarybuchanan.com State of Florida, Department of Revenue c/o Executive Director, Florida Department of Revenue 2450 Shumard Oak Blvd., Building 1, Floor 2 Tallahassee, FL 32399 Via U.S. Mail Tiffany Jessop 48 Pawcatuck Ave Pawcatuck, CT 06379 Via U.S. Mail Unknown Tenant 1 519 SW Linden St. Stuart, FL 34997 Via U.S. Mail Unknown Tenant 2 519 SW Linden St. Stuart, FL 34997 Via U.S. Mail 4 of 7 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA AMERIHOME MORTGAGE COMPANY, LLC, Plaintiff, CASE NO. 2018-CA-602 vs. DELANEY DAILY; JAN-ANDREW SPOSATO; MARTIN COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT; STATE OF FLORIDA, DEPARTMENT OF REVENUE; TIFFANY JESSOP; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN PARTY #1, UNKNOWN PARTY #2, UNKNOWN PARTY #3, AND UNKNOWN PARTY #4 THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION, Defendants. ___________________________________________/ ORDER GRANTING MARTIN COUNTY CLERK OF COURT’S MOTION TO BE EXCUSED FROM FUTURE APPEARANCES THIS CAUSE having come before the Court on Martin County, Florida Clerk of the Circuit Court’s Motion to be Excused from Future Appearances in this matter, and the Court being fully advised in its premises, it is hereby ORDERED AND ADJUDGED that: 1. The Motion is GRANTED. 2. Absent further Court Order, the Clerk of Court is relieved of pretrial and scheduling obligations and is excused from attendance at all future hearings and proceedings in this case. 5 of 7 2 3. The Clerk shall remain on the service list and continue to receive all future filings in this matter. DONE AND ORDERED in chambers in Martin County, Florida, on this ____ day of November, 2018. ________________________________ HON. WILLIAM L. ROBY Circuit Judge Copy: Elizabeth V. Lenihan, Esq. Martin County Attorney Office Assistant County Attorney 2401 SE Monterey Road Stuart, FL 34996 LegalEsvc@martin.fl.us Brittany Gramsky, Esq. Albertelli Law Attorney for Plaintiff PO Box 23028 Tampa, FL 33623 servealaw@albertellilaw.com Peter E. Lanning eXL Legal, PLLC Attorney for Plaintiff 12425 28 th St. N, Suite 200 St. Petersburg, FL 33716 efiling@exllegal.com Jeffrey J. Saunders, Esq. Crary-Buchanan Attorney for Defendants, Jan-Andrew Sposato And Delaney Dailey 759 SW Federal Hwy, Ste. 106 Stuart, FL 34994 jjs@crarybuchanan.com rciarsolo@crarybuchanan.com State of Florida, Department of Revenue c/o Executive Director, Florida Department of Revenue 2450 Shumard Oak Blvd., Building 1, Floor 2 Tallahassee, FL 32399 Tiffany Jessop 48 Pawcatuck Ave Pawcatuck, CT 06379 6 of 7 3 Unknown Tenant 1 519 SW Linden St. Stuart, FL 34997 Unknown Tenant 2 519 SW Linden St. Stuart, FL 34997 7 of 7 leg2019L9 DAILY Clerk's Motion be Excused from Future Appearances.pdf DAILY proposed order granting motion to be excused from future appearances.pdf