IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

ABNER REALTY, INC.,

CASE NO.: 2006-33232 CA 08

GENERAL JURISDICTION DIVISION

a Florida Corporation, Plaintiff, v.

Y.K.L. INVESTMENTS CORP., a Florida Corporation, ELODIA LEON, individually and YARITZA ALVAREZ, an individual,

Defendants. __________________________________/ DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR RE- HEARING ON PLAINTIFFS AMENDED FINAL JUDGMENT OF FORECLOSURE COMES NOW the Defendants, Y.K.L. IVESTMENTS CORP. et al., by and through undersigned counsel, and pursuant to the Fl. Rules of Civil Procedure, file this Memorandum of Law in Support of Motion for Re-Hearing on Plaintiffs Amended Final Judgment of Foreclosure and state as follows: 1. Florida Rule of Civil Procedure, Rule 1.530, enables the trial court to evaluate matters that it did not consider prior to judgment and to correct any error the trial court may have committed. In the case at bar, the court did not consider that the Plaintiffs prejudgment calculation was based on an inflated amount and not the actual amount of judgment entered in 2004. Thus, the prejudgment interest awarded in the Amended Judgment is CLEARLY FACTUALLY IN ERROR AND CONTRARY TO THE EVIDENCE. The Affidavit filed in support of its motion by Plaintiff shows that before the interest due on judgment was computed, the Plaintiff added $20,860.50 in attorneys fees and $1,445.50 in costs to the initial judgment amount, without any basis whatsoever. See attached copy of Affidavit marked as Exhibit # 2 to this motion. Clearly the PREJUDGEMENT INTEREST COMPUTATION WAS BASED ON AN INFLATED INCORRECT BALANCE DUE ON THE JUDGMENT.

2. Pursuant to Florida Rule of Civil Procedure, Rule 1.525, Plaintiff waived his right to seek further attorneys fees and costs since there was no reservation on additional attorneys fees and costs in either of the two (2) Final Judgments entered in this cause in 2004 and Plaintiff waited over 7 years to seek additional attorney fees and costs, in total disregard of FRCP, Rule 1.525. See attached copies of Final Judgments, entered on 1/7/2004 and 9/8/2004, respectively, marked as Exhibits # 3 and 4 to the motion for rehearing. It is well established that FRCP, Rule 1.525, requires that a motion for attorney fees be served on the opposing side no later than 30 days after the final judgment NEED to check docket In , 3. Further if the court where to determine that Plaintiff did not waive their rights to seek further attorney fees on the previous judgments, it is clear that the Final Judgments previously entered, see Exhibits 3 and 4, had already awarded attorney fees and costs to the Plaintiff till 9/8/2004. On its face the Amended Final Judgment entered on June 13,2012 shows that the court did not consider this and awarded Plaintiff attorneys fees and costs from 8/15/2003. See the Amended Final Judgment, Exhibit #1, to motion for rehearing and statement of fees and costs filed by Plaintiff in support of Amended Judgment therein. Thus FACTUALLY THE AWARD OF ATTORNEY FEES AND COSTS IS CLEARLY IN ERROR AND CONTRARY TO THE EVIDENCE.

WHEREFORE, Defendants, Y.K.L. IVESTMENTS CORP. et al., respectfully request this Honorable Court enter an Order granting Defendants Motion For Rehearing, vacating the Amended Final Judgment of Foreclosure , setting a new evidentiary hearing , based on the foregoing , and for any other relief that this Court deems just and proper.

Respectfully submitted, Libby Calejo , Esq. Attorney for the Defendant 3900 NW 79th Ave. Suite 446 Doral, FL 33166 By: ____________________________ Libby Calejo, Esq., Florida Bar No