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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN

AND FOR MARTIN COUNTY,FLORIDA

GENERAL JURISDICTION DIVISION

CASE NUMBER: lO-1298-CA

JUDGE: ELIZABETH METZGER

STAR FUNDING SOLUTIONS, LLC

Plaintiff

VS:

JOHN

J. KRONDES, ET AL

 

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Defendant(S).

March

,2011

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EX-PARTE ORDER GRANTING DISMISSAL OF ACTION WITH PREJUDICE

THIS CAUSE came before

the Court on Defendants' 2 nd Motion To Compel Discovery for the alleged

Plaintiffs, Star Funding Solutions, LLC, failure to comply

with the Defendants' 2nd Request For

Production. On February 18,2011, the Court, by the Honorable Sherwood Bauer, Jr., GRANTED

Defendant's 2 nd Motion To Compel Discovery and its inherent and incorporated relief as plead. The Court

after careful review and consideration in its Granting of the Motion To Compel, issued the following

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instruction and stipulation for compliance with its Order; and it was therefore:

ORDERED and ADJUDGED that alleged

Plaintiff, Star Funding Solutions, LLC shall comply with the: ~ *

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Order of the Court and make compliance with outstanding discovery, and shall produce all of the requested %t;~ ,tu

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material by 5 P.M. (est) on March 1, 2011. It was further

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ORDERED and ADJUDGED that the alleged Plaintiffbe barred from Objecting to the production of Q

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documents and material as originally requested after permitted time for Objecting has elapsed, per stipulatiorj'' p ~~

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of Florida Rule 1.350(b). It was further

ORDERED and ADJUDGED that if there was no compliance with this Order as stipulated by 5 P.M.

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(est) March 1,2011, Movants may apply for an Ex parte Order of the Court granting the requested relieffor

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such failure to comply with an Order of this Honorable Court made under provision of Florida Rule 1.380 .

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(2)

THE COURT SPECIFICALLY FINDS that since the issuance of the Court's Order of February 18,

2011, the stipulated date of March 1,2011 has come and expired and nothing has been filed or served in

response to the Order Of The Court in this action by the alleged Plaintiff, Star Funding

Solutions, LLC. It is

further found that

COMPLIANCE HAS NOT BEEN MADE with the terms of the Order issued by Honorable Sherwood

Bauer, Jr. for the 19 th Judicial Circuit Court in Stuart, Martin County, Florida.

THE COURT ADDITIONALLY FINDS that there is no separate filing or pleading in this pending

action indicating any compliance by Star Funding Solutions, LLC (alleged Plaintiff) with the previous,

original and first (1SI) served Defendants' 1SI Request For Production and subsequent 1st Motion To Compel

Discovery.

Therefore pursuant to provision and jurisdiction of Florida Rule 1.380, as a result of the alleged Plaintiff's

egregious failures to comply with propounded discovery, discovery rules, and issued Orders Of This Court;

accordingly, it is:

ORDERED AND ADJUDGED THAT:

I. Star Funding Solutions, LLC (alleged Plaintiff) is prohibited from introducing into evidence any and

all matters which were the subject of, and requested therein the Defendants' 2 nd Request For

Production.

  • 2. Star Funding Solutions is prohibited from introducing into evidence the alleged Note and Mortgage.

  • 3. Party Defendant, The Roof Authority, is immediately dropped as a Defendant and Party to this lawsuit; as said party was a direct subject of inquiry in the Defendants' 2 nd Request For Production.

  • 4. The alleged Complaint of Star Funding Solutions, LLC is hereby stricken.

  • 5. Star Funding Solutions is hereby prohibited from selling, and/or otherwise transferring or assigning

the alleged note and mortgage to any other person(s).

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(3)

  • 6. The instant foreclosure action filed by Star Funding Solutions, LLC, entitled and styled as Star Funding Solutions, LLe v. John J. Krondes, et aI, 19 th Judicial Circuit, Martin County, Florida case number IO-1298-CA is hereby DISMISSED WITH PREJUDICE for failure to comply with an Order of this Court made under Rule

1.380.

DONE AND ORDERED, in Chambers of the Nineteenth Judicial Circuit Court in Stuart, Martin

County, Florida, this-+--day

of March, 2011.

Copies Furnished To Plaintiff's Counsel and All Parties Of Record on attached Service List:

Book2507/Page580

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CFN#2263959

Page 3 of 4

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(4)

Service List For Ex-Parte Order Granting Dismissal Of Action With Prejudice

1. Florida Foreclosure Attorneys, PLLC

601 Cleveland Street, Ste. 690

Clearwater, FL 33755

  • 2. Florence T. Krondes P.O. Box 1795 Darien, CT 06820

  • 3. John J. Krondes P.O. Box 1795 Darien, CT 06820

  • 4. King Mountain Condominium Association C/o Jacob Ensor

P.O. Box 2401 Stuart, FL 34994

  • 5. United States Of America c/o U.S. Attorney

505 S. Second

Street, Ste. 200

Ft. Pierce, FL

34950

  • 6. Roof Authority Inc. c/o Christopher A. Long 6771 Old Dixie Highway N. Ft. Pierce, FL 34946

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