Filing # 193728466 E-Filed 03/11/2024 12:37:02 PM. IN THE CIRCUIT COURT, IN ANB FOR PUTNAM COUNTY, FLORIDA, CASE NO, 2024 cAos6 MATT REYNOLDS, AS CLERK DIVISION 53 OF THE CIRCUIT COURT, Plaintiff, Vs. THE CITY OF PALATKA, FLORIDA AND VERONA V, LLC and THE TOWN OF WELAKA, FLORIDA, Defendants, COMPLAINT FOR INTERPLEADER’ Matt Reynolds, Clerk ofthe Cireuit Court in and for Putnam Cotiniy, Florida, hereinafter Sometimes referred to as the "Cletk". sues the City of Palatka, Florida and Verona V, LLC and the Town of Welaka, Florida and alleges 1+ This is an action to interplead the rights of contesting claimants to the funds in the ‘otal sum of $53,103.77)held by the said Clerk as a result of overbids on tax deed sales of 19 Parcels of Tand situate in Putnam County and more particularly described on Schedule "A" attached hereto. 2. Defendant, Verona V, LLC was the owner of the lands at the time of the tax deed sales and they have filed claims for the proceeds, 3. Defendant, City of Palatka, filed claims for all of the funds based upon a code enforcement fien on a vacant parcel of land in the amount of $105,000.00, Florida Statute 169. 09 ‘imposes a $5,000.00 cap on code enforcement liens and The City of Miami Beach v. Nichols, 314 So. 3d 313 (3rd DCA 2020) found that". . . the city is bound to impose fines within the Electronically Filed Putnam Case # 2024000066CAAXMCX 03/11/2024 12:37:02 PMstatutory prescribed limits." 4. The Town of Welaka recorded four claims of lien against Defendant, Verona V. LLC recorded at O.R, Book 1373, page 1981, O.R. Book 1305, page 95, O.R, Book 1328, page 768 and O.R, Book 1353, page 1039 totaling $1,628.24 and the town of Welaka may have an interest in the funds, 5. The lands were pursuant to Tax Sale Certificates identified on Schedule "A" were sold by the Clerk at various times to various buyers resulting in 19 tax deeds that were recorded in the public records of Puinam County, Florida. After expenses'aind allowable deductions there remains a balance of 53,103.77 hereinafter sometimes referred to as the "Fund," 6. The Clerk is in doubt as to the respective rights of the parties to sai “Fund” and he can in no other way (than this interpleader action) be protected fiom the oppressive ot vexatious litigation and claims by the parties thereto, in which. hé has io personal interest. 7. The Clerk offers to deposit the funds'in the repistry of the Court or to continue to hotd said sums for the present and to Pay such sums to whomever the Court finds is entitled thereto, 8. The Clerk is in doubt and cannot safely determine, as to said parties, which is entitled to the Fund without great hazard to himself, and he does not know to which of the said parties he may safely pay the funds and fears that the Clerk will not be protected from double liability With respect to the funds in his possession unless the partes claiming the "fund" are required to interplead in this action. 9. thas been necessary for the Clerk to employ his undersigned attorney to prepare and file this suit, and the Clerk has become obligated to pay said attorney for his services. ‘The Clerk will advance fees for service of process and publication for constructive service of process. if Fequited, for copies of the necessary exhibits hereto, as well as the necessary expenses incurredby said attomey in appearances required to be made herein for the proper presentations hereof Plaintiff is entitled to be reimbursed for such fees, costs, and expenses from the Fund, which is the subject matter of this controversy, pursuant to FS. 197.582(6). 10. Alll references herein being to the public records of Putnam County, Florida, WHEREFORE, the Clerk prays that this court will require the Defendants to interplead ‘his Tund, as between themselves, and upon entry of an Order of Tnterpleader, that the costs hereof advanced by the Clerk, be paid out of the Fund and attorney's fees for the Clerk, be paid ‘out of the Fund; and the remainder of the Fund be paid intothe registry of the Court {or as otherwise directed by the Court), whereupon the Clerk be discharged from this suit subject only ‘0 pay the remainder of the Fund as subsequently ordered by this Court 41SAZKt. Johns Avenue Palatka, Florida 32177 (386) 328-7426 Florida Bar No. 132170 mussolinelaw@bellsouth.netCertificate No, 2021-0017431 2021-0008742 2018-0006087 2018-0006105 2018-0006148 2017-0000901 2017-0000335 2016-0006666 2016-0006597 2016-0000796 2016-0020994 2017-0020773 2017-0005413 2021-0017433 2021-0005874 2019-0007623 2017-0007213 2016-0006365 2021-0010141 TOTAL SCHEDULE "A" Parcel 1.D. No, 35-09-24-4076-0210-0080 11-12-26-2730-0000-3540 7-13-27-7060-0020-0010 7-13-27-7060-0080-0010 7-13-27-7060-0100-0060 01-13-26-4910-0070-0160 1-10-24-4081-0790-0060 7-13-27-7062-0730-0310 7-13-27-7062-0710-0040 26-8241-0240-0030 16-823 1-0450-0100 -26-8231-0450-0170) 6-13-27-4910-0060-1350 35-09-24-4076-0210-0130 8-13-27-7061-0480-0100 7-13-27-7060-0100-0410, 13-10 Excess Funds $872.77 11,927.67 4,347.30 1,872.22 2,489.08 1,394.99 2,817.07 3,185.39 2,188.32 4,721.86 5,229.21 847.56 2,660.49) 872.77 2,304.80 141.39 2,050.45, 2,003.06 1177.37 $53,103.77