IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

XXXXX CONDOMINIUM B ASSOCIATION, INC., CIVIL DIVISION CASE NO: 11XXXXX3 CC1

a Florida not-for-profit corporation, Plaintiff, vs.

GLORIA XXXXX ,

and all others in possession of the premises located in Miami Dade County, XXXXXXX Street, #231, Defendant. / DEFENDANTS EMERGENCY MOTION TO SET ASIDE DEFAULT, FINAL JUDGMENT, AND WRIT OF POSSESSION Come now Defendant, Gloria XXXXXX, by and through her undersigned counsel, and files this Emergency Motion to Set Aside Default, Final Judgment, and Writ of Possession, and states as follows: 1. On September 27, 2011, Plaintiff filed a Complaint in this cause, and a Summons

was issued by mail also on this date. 2. On or about October 5th, the undersigned counsel contacted Plaintiffs attorney

requesting an extension of time to respond to the complaint. (See attached marked as Exhibit #1). 3. Plaintiffs attorney refused our request for extension of time, and on or about

October 6th, Defendant filed a Motion to Dismiss Complaint or for the Court to Determine Rent. 4. Subsequently, a Default was entered on October 7th, a Final Judgment was entered

on October 20th, and a Writ of Possession was issued on October 24th, all done without undersigned counsel receiving proper notice. (See attached as Exhibit #2). 5. Opposing counsel was well aware that undersigned counsel represented the

Defendant. There were numerous contacts in the form of telephonic conversations and emails

exchanged between both law firms. (See attached marked as Exhibit #3). 6. Additionally, Defendants Motion to Dismiss Complaint or for the Court to

Determine Rent has not been heard. 7. This motion is filed in good faith and not to unduly delay these proceedings. WHEREFORE, the Defendant request an order granting her Emergency Motion to Set Aside Default, Final Judgment, and Writ of Possession entered against her in this cause, and for further relief as this court deems just and appropriate. Respectfully submitted, Libby Calejo Attorney for the Defendant 3900 NW 79th Ave. Suite 446 Doral, FL 33166 By: ____________________________ Libby Calejo, Esq., Florida Bar No: 722731

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing motion was sent by facsimile and mailed to: XXXXXXXX, Esq., XXXXXXX Street, Suite 0, Ft. Lauderdale, FL 33354, on this 1st day of November, 2011. __________________________