Filing # 163565056 E-Filed 12/22/2022 01:17:55 PM

IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA

CASE NO.:

DIVISION:

Palm Financial Services, Inc., a Florida

Corporation,

Plaintiff,

vs.

ANY AND ALL ANY AND ALL UNKNOWN

PARTIES WHO CLAIM AN INTEREST AS
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SPOUSE, HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES, PERSONAL
REPRESENTATIVES, ADMINISTRATORS
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OR AS OTHER CLAIMANTS, BY,
THROUGH, UNDER OR AGAINST
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EDWARD C. FLYNN, DECEASED;

EDWARD NEAL FLYNN, AS POTENTIAL
HEIR TO EDWARD C. FLYNN; SEAN
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GREGORY FLYNN, AS POTENTIAL HEIR

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TO EDWARD C. FLYNN
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Defendants.
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COMPLAINT TO FORECLOSE CLAIM OF LIEN

Plaintiff, Palm Financial Services, Inc., a Florida Corporation, ("Plaintiff"), sues the

Defendants, Any and All Any and All Unknown Parties who claim an interest as spouse, heirs,

devisees, grantees, assignees, lienors, creditors, trustees, personal representatives, administrators

or as other claimants, by, through, under or against Edward C. Flynn, deceased; Edward Neal

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Flynn, as Potential Heir to Edward C. Flynn; and Sean Gregory Flynn, as Potential Heir to

Edward C. Flynn and alleges:

COUNT I
FORECLOSURE OF CLAIM OF LIEN AGAINST ANY AND ALL ANY AND ALL
UNKNOWN PARTIES WHO CLAIM AN INTEREST AS SPOUSE, HEIRS,
DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES,
PERSONAL REPRESENTATIVES, ADMINISTRATORS OR AS OTHER
CLAIMANTS, BY, THROUGH, UNDER OR AGAINST EDWARD C. FLYNN,
DECEASED; EDWARD NEAL FLYNN, AS POTENTIAL HEIR TO EDWARD C.
FLYNN AND SEAN GREGORY FLYNN, AS POTENTIAL HEIR TO EDWARD
C. FLYNN

1. This is an in rem action to foreclose a Claim of Lien on real property in Orange County,

Florida, pursuant to Chapter 718 and Chapter 721, Fla.Stat.

2. Plaintiff is a mandatory membership condominium association organized under and

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operating pursuant to the provisions of Chapter 718 and Chapter 721, Fla. Stat.

3. The timeshare ownership interest subject to this action ("Timeshare Ownership Interest")
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is described as follows:
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An undivided 0.3024% interest in Unit 56 of the Disney Vacation Club at Walt

Disney World Resort, a leasehold condominium (the “Condominium”), according to
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the Declaration of Condominium thereof as recorded in Official Records Book 4361,

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Page 2551, Public Records of Orange County, Florida and all amendments thereto
(the 'Declaration')
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4. Edward C. Flynn ("Owner") is deceased. Upon the death of Edward C. Flynn, the heirs to

Edward C. Flynn, including Any and All Any and All Unknown Parties who claim an
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interest as spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees,

personal representatives, administrators or as other claimants, by, through, under or

against Edward C. Flynn, deceased; Edward Neal Flynn, as Potential Heir to Edward C.

Flynn; and Sean Gregory Flynn, as Potential Heir to Edward C. Flynn, may claim a right,

title, and interest in the Timeshare Ownership Interest.

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 5. The Timeshare Ownership Interest is subject to the Declaration of Condominium as

recorded in Official Records Book 4361, Page 2551, Public Records of Orange County,

Florida, and all amendments thereof and supplements thereto ("Declaration").

6. Pursuant to the Declaration, the Owner's ownership of the Timeshare Ownership Interest

establishes the Owner's membership in the condominium association and subjects the

Owner to the Declaration and all applicable Florida Statutes.

7. Pursuant to the Declaration, the Owner agreed to pay common expenses, ad valorem

taxes, common assessments, special assessments, capital reserves, and dues (collectively,

the "Assessments") related to the Timeshare Ownership Interest.

8. The Owner has failed to pay the Assessments as they became due and owing, failed to
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pay resulting late fees, interest, attorney's fees, and costs due pursuant to the Declaration.

9. After giving the Notice of Intent to Lien required by 718.121, Fla. Stat., Plaintiff
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recorded a Claim of Lien for unpaid Assessments in the Official Records of the Public
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Records of Orange County, Florida against the Timeshare Ownership Interest, pursuant
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to 718.116 and 721.16, Fla. Stat., a copy of the Claim of Lien is attached as Exhibit A.
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10. Plaintiff is entitled to enforce the Claim of Lien by virtue of an Assignment of the Claim
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of Lien to Plaintiff as recorded in the Official Records of the Public Records of Orange
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County, Florida, a copy of the Assignment of Claim of Lien is attached as Exhibit B.

11. All conditions precedent to the filing of this action have been performed, have occurred,

were waived, or otherwise excused prior to the filing of the instant complaint.

12. As of December 22, 2022, Plaintiff is owed unpaid Assessments, interest, late fees, and

other amounts provided for by the Declaration and Chapter 718 and Chapter 721, Fla.

Stat. in the amount of $5,605.10, plus interest which continues to accrue at the rate of

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 $2.37 per diem, plus title search expense for ascertaining necessary parties to this action,

reasonable attorney's fees, and reasonable costs of collection. As such, the amount

continues to accrue until paid and is subject to change.

13. Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services.

Plaintiff is entitled to recover its attorney's fees pursuant to the Declaration and Chapter

718 and Chapter 721, Fla. Stat..

14. Plaintiff is pursuing an in rem foreclosure and is not attempting to obtain a money

judgment.

15. Plaintiff's Lien is a lien superior to the right, title, claim, lien, or interest of any other

party.
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WHEREFORE, Plaintiff respectfully requests that this Court assume jurisdiction of the

subject matter of this action and the parties and enter judgment:
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a. foreclosing the Lien;
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b. ascertaining the amount due to Plaintiff, including all amounts due pursuant to the
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Declaration and Chapter 718 and Chapter 721, Fla. Stat.;

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c. ordering the Clerk of Courts to sell the subject property to satisfy the amount due
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Plaintiff, in whole or part, pursuant to 45.031, Fla. Stat.;

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d. adjudging that the right, title, and interest of any party claiming by, through,

under, or against any Defendant named herein be deemed inferior and subordinate

to the Plaintiff and forever be barred and foreclosed;

e. retaining jurisdiction of this Court in this action to make any and all further orders

and judgments as necessary and proper, including but not limited to re-foreclosure

against any subordinate interest omitted from these proceedings;

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 f. awarding Plaintiff its attorney fees, costs, interest, advances, and

g. for such other and further relief as the Court deems just and proper.

/s/ Valerie N. Edgecombe Brown

Valerie N. Edgecombe Brown (Florida Bar
No.: 10193)
Cynthia David (Florida Bar No.: 91387)
Michael E. Carleton (Florida Bar No.:
1007924)
Shawn L. Taylor (Florida Bar No.: 0103176)
Manley Deas Kochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
Telephone: 407-404-5266
Telecopier: 614-220-5613
Primary: stateefiling@manleydeas.com
Secondary: vnbrown@manleydeas.com
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