IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUITIN AND FOR PINELLAS COUNTY, STATE OF FLORIDACIVIL DIVISIONCASE NUMBER: 08-019585-CI-19
THE BANK OF NEW YORK MELLON,
f/k/a The Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A.as Trustee for CWABS 2004-SPlaintiff,Vs.
JOHN R. DESILVA
, a/k/a John R. DaSilva;Et al,Defendants. _____________________________________/
MOTION TO DISMISS
COMES NOW, the Defendant, JOHN R. DESILVA, by and through hisundersigned attorney, and pursuant to FLA.R.Civ.P. 1.420 et seq., who moves thisHonorable Court for an Order dismissing this complaint, or for a more definite statementor an abatement of the proceedings, and for an award of attorneys fees and costs for thereasons which follows:1.That the complaint was filed with the named Plaintiff THE BANK OF NEWYORK MELLON f/k/a The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A. as Trustee for CWABS 2004-S.2.That the Plaintiff is a foreign entity as set forth in its own case style based in astate other than Florida.3.That as such, Plaintiff is required to post a bond pursuant to FS 57.011 as acondition of bringing any action in the courts of this state.4.That Plaintiff failed to plead that it posted the requisite bond.5.That therefore, this action is subject to dismissal by this court.6.That this requirement is statutory and cannot be waived by the Plaintiff.7.That in paragraph 9 of the Plaintiff’s complaint they allege that all conditions precedent to the filing of this action have been met by plaintiff.8.That the plaintiffs have attached exhibits C, D, E & F to the motion for Summary Judgment and have acknowledged that these documents areagreements that have modified the original terms of the original note.