IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT

CASE NO.: 3D16-1753

LT. CASE NO.:07-32789-CA-13

SFL PROPERTY HOLDING LLC,

Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE,

Appellee. _____________________________/

APPELLANT’S MOTION TO SUPPLEMENT THE RECORD

The Appellant, SFL Property Holding LLC, by and through the undersigned

counsel and pursuant to Florida Rule of Appellate Procedure 9.200(f), hereby

moves for an order allowing it to supplement the record on appeal with the Lis

Pendens, Final Judgment, Order Vacating Final Judgment and Notice of

Appearance filed by Deluca Law Group, PLLC all in Miami-Dade Court Case No.

2013-13299-CA, Notice of Appearance filed by Deluca Law Group, PLLC in the

Miami-Dade Court Case No. 2007-32789-CA, that certain Certificate of Title

transferring title to Alpha Beta One LLC in the Public Records of Miami-Dade

County on May 19, 2010 in OR 27290, Page 3282 and that certain Warranty Deed

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recorded in the Public Records of Miami-Dade County on January 22, 2013 in OR

28453, Page 3423 and, as grounds therefore, states as follows:

1. A mortgage foreclosure lawsuit was filed in Miami-Dade County,

Florida with Case No. 2013-13299-CA-27 on April 10, 2013 to enforce the same

note and mortgage that the lower court case sought to enforce. Attached hereto as

Exhibit A is the Lis Pendens.

2. The court entered a Final Judgment in Case No. 2013-13299-CA-27

on March 30, 2015, attached hereto as Exhibit B.

3. The court later entered an Order Vacating the Final Judgment on June

1, 2015, attached hereto as Exhibit C.

4. On November 24, 2015, attorney Orlando DeLuca, Esq., with The

DeLuca Law Group, PLLC filed a Notice of Appearance as Co-Counsel for the

plaintiff in Case No. 2013-13299-CA-27, attached hereto as Exhibit D.

5. On December 15, 2015, attorney Orlando DeLuca, Esq., with The

DeLuca Law Group, PLLC filed a Notice of Appearance as Co-Counsel for

Appellee in the lower court case, attached hereto as Exhibit E.

6. On May 19, 2010, a Certificate of Title issued by the Clerk of Court to

Alpha Beta One LLC was recorded in the Public Records of Miami-Dade, attached

hereto as Exhibit F.

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7. On January 22, 2013, a Warranty Deed transferring title to SFL

Property Holding LLC was recorded in Miami-Dade, County attached hereto as

Exhibit G.

8. The Notice of Appearance filed by the DeLuca Law Group PLLC, in

the Miami-Dade Court Case No. 2007-32789-CA appears to have been

inadvertently omitted from the record on appeal.

9. The Lis Pendens, Final Judgment, Order Vacating Final Judgment and

the Notice of Appearance filed by the Deluca Law Group, PLLC in the Miami-

Dade Court Case No. 2013-13299-CA are essential for a full and proper review of

the lower court’s June 16, 2016 order that is under review, and Appellant would be

extremely prejudiced if the materials were omitted from consideration.

10. That certain Certificate of Title and Warranty Deed are also essential

for a full and proper review of the lower court’s June 16, 2016 order that is under

review, and Appellant would be extremely prejudiced if the materials were omitted

from consideration.

11. Rule 9.200(f)(2) of the Florida Rules of Appellate Procedure provides,

in material part, that “no proceeding shall be determined because the record is

incomplete until an opportunity to supplement the record has been given.”

Pursuant to this rule, Appellant respectfully requests an opportunity to supplement

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the record with the aforementioned materials. See Starks v. Starks, 423 So. 2d 452

(Fla. 1st DCA 1982); Brice v. State, 419 So. 2d 749 (Fla. 2d DCA 1982).

12. Appellant contacted counsel for the Appellee on October 26, 2016, via

e-mail, to determine whether Appellee objects to this motion. Appellant has yet to

receive a response.

WHEREFORE, the Appellant, SFL Property Holding LLC, respectfully

moves for an order allowing it to supplement the record on appeal by including the

omitted document from the lower court case, the documents from Miami-Dade

County Court Case No. 2013-13299-CA-27 and the Warranty Deed recorded in the

Public Records of Miami-Dade County on January 22, 2013 in OR 28453, Page

3423.

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CERTIFICATE OF SERVICE

We hereby certify that the foregoing was served via e-mail to all of the

parties listed below this 26th day of October, 2016.

WESOLOSKI CARLSON, P.A. Attorney for Appellant 848 Brickell Avenue, Suite 300 Miami, Florida 33131 Tel: (305) 329-1000 Fax: (305) 532-7804 By: /s/ Erik Wesoloski ERIK WESOLOSKI, ESQ. Fla. Bar. No. 526649 Copies to: Orlando Deluca, Esq. Deluca Law Group, PLLC Plaintiff’s Co-Counsel 2101 NE 26th Street Fort Lauderdale, FL 33305 [email protected] [email protected]

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mailto:[email protected]

mailto:[email protected]

Miami-Dade Official Records - Print Document https://www2.miami-dadeclerk.com/Public-Records/PrintDocument.asp...

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EXHIBIT "A"


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IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT

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