On May 02, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Salcedo, Gustavo,
and
Jimenez, Carmen Rosa,
for Evictions - Residential
in the District Court of Miami-Dade County.
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Filing # 198392117 E-Filed 05/15/2024 03:02:24 PM
IN THE COUNTY COURT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO. 2024-090787-CC-05
GUSTAVO SALCEDO,
Plaintiff,
vs. MOTION FOR JUDGMENT ON THE PLEADINGS,
FOR WRIT OF POSSESSION, AND TO
CARMEN ROSA JIMENEZ RELEASE COURT REGISTRY FUNDS
Defendant(s).
__ /
Plaintiff, GUSTAVO SALCEDO files the above captioned Motion and states:
1.) Defendant’s lease terminated May 1, 2024. She was served with timely notice that it
would not be renewed and that she was expected to vacate at or prior to that date.
2.) Defendant failed to vacate, and this action was filed thereafter.
3.) Subsequent to filing, Defendant deposited May rental into Plaintiff’s account. Plaintiff
placed the funds in the Court Registry so that there would be no question with respect
to acquiescence.
4.) Defendant has filed an “answer” that merely alleges that she paid May (which she did
send funds for after this lawsuit was filed and substantially after they would have been
due pursuant to the Lease had it still been in effect) and that she needs time to move.
5.) Plaintiff made it abundantly clear to Defendant that he would not extend her lease.
Further Defendant has obstructed Plaintiff’s ability to sell the property by refusing to
permit showings.
6.) There is no legal justification to allow Defendant to remain on the premises. Plaintiff
is entitled to an immediate entry of a writ of possession turning the property over to
Plaintiff.
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7.) The funds in the Court registry should be Ordered turned over to Plaintiff to cover the
costs of this lawsuit and holdover rental for the month of May.
WHEREFORE, it is respectfully requested that this Court enter a Final Judgment of
Eviction, direct the entry of an immediate writ of possession, direct that the Court
Registry Funds be paid to Plaintiff through payment to the undersigned’s Trust Account,
and grant such further relief as this Court may deem appropriate and just.
I hereby certify that a true and correct copy of the foregoing has been served through the
Court’s e-filing portal on Defendant at crjbellido@gmail.com and mailed to Defendant at 905
Brickell Bay Drive Apt 531 Miami, FL 33131 this 15th day of May, 2024.
Deborah Marks, PLLC
11767 South Dixie Highway
Suite 126
Miami, FL 33156
305-372-9400
Synergy928@aol.com
deborahmarkslaw@gmail.com
//Deborah Marks
By:___________________________
Deborah Marks
FBN 351490
2
Preview
Filing # 198392117 E-Filed 05/15/2024 03:02:24 PM IN THE COUNTY COURT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 2024-090787-CC-05 GUSTAVO SALCEDO, Plaintiff, vs. MOTION FOR JUDGMENT ON THE PLEADINGS, FOR WRIT OF POSSESSION, AND TO CARMEN ROSA JIMENEZ RELEASE COURT REGISTRY FUNDS Defendant(s). __ / Plaintiff, GUSTAVO SALCEDO files the above captioned Motion and states: 1.) Defendant’s lease terminated May 1, 2024. She was served with timely notice that it would not be renewed and that she was expected to vacate at or prior to that date. 2.) Defendant failed to vacate, and this action was filed thereafter. 3.) Subsequent to filing, Defendant deposited May rental into Plaintiff’s account. Plaintiff placed the funds in the Court Registry so that there would be no question with respect to acquiescence. 4.) Defendant has filed an “answer” that merely alleges that she paid May (which she did send funds for after this lawsuit was filed and substantially after they would have been due pursuant to the Lease had it still been in effect) and that she needs time to move. 5.) Plaintiff made it abundantly clear to Defendant that he would not extend her lease. Further Defendant has obstructed Plaintiff’s ability to sell the property by refusing to permit showings. 6.) There is no legal justification to allow Defendant to remain on the premises. Plaintiff is entitled to an immediate entry of a writ of possession turning the property over to Plaintiff. 1 7.) The funds in the Court registry should be Ordered turned over to Plaintiff to cover the costs of this lawsuit and holdover rental for the month of May. WHEREFORE, it is respectfully requested that this Court enter a Final Judgment of Eviction, direct the entry of an immediate writ of possession, direct that the Court Registry Funds be paid to Plaintiff through payment to the undersigned’s Trust Account, and grant such further relief as this Court may deem appropriate and just. I hereby certify that a true and correct copy of the foregoing has been served through the Court’s e-filing portal on Defendant at crjbellido@gmail.com and mailed to Defendant at 905 Brickell Bay Drive Apt 531 Miami, FL 33131 this 15th day of May, 2024. Deborah Marks, PLLC 11767 South Dixie Highway Suite 126 Miami, FL 33156 305-372-9400 Synergy928@aol.com deborahmarkslaw@gmail.com //Deborah Marks By:___________________________ Deborah Marks FBN 351490 2