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tered on FLSD Doc

5 ket 10/21/2020 Page 1 of 5

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIALCIRCUIT
IN AND FOR PALM BEACH COUNTY, FLO
RIDA

FIRST AMER1CAN BANK, as

Case No.: 50-2016-CA-009292
successor by merger to Ban k of Coral
Gables, LLC ,

Plaintiff

Vs.

LAURENCE SCHNEIDER, STEPHANIE L.

SCHNEIDER, et. Al.

Defendants

EMERGENCY REQUEST FOR A TEMPOR

ARY RESTRAINING ORDER
COME NO W Laurence Schneider and Stephani
e L Schneider, Defendants! and hereby
obje cts to the fore clos ure sale currently sche
dule d for Aug ust IO, 2017 , and move for an
emergency inju nctio n to prevent said sale. A prop
osed Order is attached herewith.
Good c-ause e>Usts for the injunctive relief requested
, as Defendants have timely filed both a
noti ce of appe al in this matter, whic h set forth
the multitude of manifest erro rs of law ultimately
resulting in judgment to the Plaintiff. Furthermore,
Defendants filed a stay pending appeal in the
matter.

STANDARD OF REVIEW
Defendants bring this emergency motion pursuant
to Flor ida Rule of Civil Procedure
1.540(b), whic h sets a one-year time limit for
a pan y to challenge a final judg men t, decree, orde
r,
or proceeding based on a mistake. Fla. R. Civ. P.
l .540(b).

"A-23"
case 9:20-cv-81728-DMM Document 17-23 Ente
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This matte r was enter ed well with in the statu ary guide
lines impo sed by Fla. R. Civ. P.
l .540(b), and, as such, this Cour t has the powe r by
whic h to cancel and/o r postp one the sale.
Shou ld it pleas e the Cour t, Defe ndan ts are prepared
to depo sit with the Clerk of the Cour t a
nomi nal bond pend ing furth er redress, whic h Defe
ndan ts remit ted to the Cour t on a rehea ring of

the matter.

Ther e is a body of law apply ing rule 1.540(b) as a

basis for canc ellin g and/o r stopp ing a
foreclosure sale. See Virgo v. Nat'! City Mortg. Co.,
115 So. 3d 1072 , 1074 (Fla. 4th DCA 2013 )
(anal yzing an objec tion to sale pursu ant to rule 1.540
(b)); see also Chase Home Loans, LLC v.
Sosa, 104 So. 3d 1240 , 1241 (Fla. 3d DCA 2012 );Am . Nat'l
Bank v. Lau, 268 So. 2d 567,568
(Fla. 2d DCA 1972 )

Defe ndan ts conte nd and cons true this moti on to be

an objec tion to the forec losur e sale

whic h is being made withi n ten days of the sale, as

requi red by secti on 45.03 1(5), Flori da
Statutes (2013). Notably, the sale is sched uled for
Augu st 10, 2017 , and absen t judic ial
intervention, will take place.

Defe ndan ts furth er conte nd that, desp ite mult iple reque
sts for a payo ff figure on the loan
oblig ation s, have yet to be provi ded with such docu
ment ation, furth er neces sitati ng this Moti on
be grant ed, as Plain tiff's coun sel has not been willi
ng to even prov ide a payo ff amou nt, whic h
Defe ndan ts are prepa red to post as a bond . Defe ndan
ts alleg e that Plaintiff, and Coun sel for
Plaintiff, are delib erate ly, willfully, and maliciousl
y, failin g to prov ide this payo ff amou nt due to
the alleg ation that said amou nt prov ided in the payo
ff reque st woul d vastl y contr adict Plain tiff's
Com plaint, as well as the alleg ed amou nt Plain tiff
claim s Defe ndan ts owe.

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As such, Defenda nts pray for an order cancelin g and/or postpon ing the August 10, 2017

sale until either Plaintiff provides an accurate payoff statement, or the amended rehearin
g request
and motion for reconsid eration can be heard.

As noted, Defendants are prepared to post a bond, should it please the Court, to prevent
a
manifes t injustice to Defenda nts.

RespectfuUy Submitted,
Date: August 7, 2017
Boca Raton, FL

LAURE NCE S. SCHNEIDER, Pro Se

STEPHA NIE L. SCHNE IDER, Pro Se
360 E. COCON UT PALM DRIVE
BOCA RATON , FL 33432
larry@s acapitalp artners.c om

3
Case 9:20-cv-81728-DMM Document 17-23 Entered on FLSD
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CERTIFICATE OF SERVICE
I hereby certify that a copy hereof has been furnished to Henry H. Bolz III,
121 Majorca
Ave. #200. Coral Gables. FL 33134, by mail this th day of August 2017.

Laurence Schneider, prose

4
Case 9:20-cv-81728-DMM Document
17-23 Entered on FLSD Docket 10/21/20
20 Page 5 of 5

IN TH E CIRCUIT COURT OF
TH E FIFTEENTH JUDICIALCIRCUIT
lN AND FOR PAL M BEA CH COUNT
Y, FLO RID A

FIRST AMERICAN BAN K, as

Case No.: 50-2016-CA-009292
successor by merger to Ban k of Coral
Gables, LLC,

Plai ntif f

Vs.

LAU REN CE SCHNEIDER, STEPHANIE

L.
SCHNEIDER, et. Al.

Defendants

[PROPOSED] ORDER

TID S MA TTE R having come before the

Cou rt for review on Defendants' Emergen
cy
Motion for a Tem pora ry Restraining Ord
er cancelling and/ or postponing the foreclos
ure sale
scheduled for August 10, 2017, and base
d upon the review of Defendants' Motion,
and the Cou rt
being othe rwis e fully advised in the prem
ises, it is, ORD ERE D AND ADJUDGED
that
Defendants' Motion for a Tem pora ry Res
training Ord er cancelling and/ or postponing
the
foreclosure sale schedule d for Aug ust t 0,
201 7 is GRANTED
DO NE AND OR DER ED, in West Palm
Beach, Palm Beach County, Flor ida this
day of Aug ust 2017.

Hon. Susan Lub itz