IN THE COUNTY COURTIN AND FOR HIGHLANDS COUNTY, FLORIDA
RIVERS EDGE INVESTMENT CO.,CASE NO.
12 000 234 - SPS
a Foreign Profit Corporation notRegistered with the State of Florida,Plaintiff,v.KELLIE J. MOTIL,a Resident of Highlands County,Defendant. _____________________________/Tuesday, 31 July 2012
DEFENDANT’S MOTION to DISMISS and FOR SANCTIONS withDEMAND FOR JURY TRIAL
Comes now the Defendant, KELLIE J. MOTIL, (hereafter "Kellie") pursuant to FloridaRules of Civil Procedure, Rule 1.140 and Sm. Cl. R. 7.135 to move the Court to dismissPlaintiff's action and to issue sanctions against its attorney, based upon the grounds that:
Plaintiff failed to file a valid non-resident bond under Florida Statutes 57.011 and 454.20;
Plaintiff's "Statement of Claim" (the "Claim") fails to attach a cause of action or to identify the parties,
fails to show Plaintiff's capacity to sue,
fails to show standing to sue, and
failsto state a cause of action.
Plaintiff's attorney, Noam J. Cohen (Fla. Bar No. 0271240) and theLaw Offices of Noam J. Cohen, P.A., in filing this Claim have knowingly filed two documentsthat are fraudulent on their faces.
Plaintiff's prayer for attorney's fees is negated by theattachments to the Claim. If the Claim is not dismissed,
Defendant demands trial by jury
.Defendant moves the Court, pursuant to Florida Small Claims Rule 7.020 (c), to order that this action proceed under any Florida Rules of Civil Procedure mentioned herein that arenot, already, mentioned in Fla. Sm. Cl. R. 7.020(a).
A. Cohen's Purported Bond Is Not Valid
1.The Claim was filed on
4 June 2012
--more than fifty (50) days ago.2.Plaintiff failed to file a nonresident bond within thirty (30) days after its Complaint wasfiled pursuant to Florida Statute 57.011. That deadline was
5 July 2012
.3.Plaintiff was served with a notice of its failure to file on
6 July 2012