01-09-20 letter submitted by Attorney WinterOFY
Winter Law Fnrmm
PROFESSIONAL ASSOCIATION
310 THIRD STREET
NEPTUNE BEACH, FLORIDA 32266
W ALAN WINTER TELEPHONE (904) 242-0222
awinter' winterlawfirm.com FAX (904) 242-7051
Tuesday, November 12, 2019
By regular US mail and by email
To aapolitoAlippes.com
Time sensitive material
Alessandro A. Apolito, Esquire
Lippes Mathias Wexler Friedman LLP
822 US Highway A1A North, Suite 101
Ponte Vedra Beach, FL 32082
Re: Case: 351 19th Street, AB, FL
Claim No.: #172020-1258
Case No.: 16-283
WAW File No.: 110.19027
Date of Loss: Selva Marina Unit 12-A Lt 13
Dear Mr. Apolito:
This firm had the pleasure of representing Mr. Allen Weatherby, when he
was alive, regarding the lien issue on his homestead property listed above. Mr.
Weatherby retained my firm, asking me to explore getting the lien for code
violations on his property reduced. That effort is still pending.
Allen Weatherby was a personal friend as well as a client and therefore I
have gone beyond that which I was required, without compensation. I am not
asking for compensation in this matter either, but I do want to make sure that
you can be assisted in this and the related cases so we can benefit the heir,
Lark Weatherby. Ms. Weatherby has been in my office and I have spoken to her
about the related cases. You can confirm this with her.
First, Allen's past girlfriend had given me the history of Allen's boat and
its destruction in the Bahamas. It is my understanding that BoatUS is trying to
dispose of the boat and to that end, they sent me a Consent For Disposal Of
Vessel (see enclosed), asking for someone with authority to execute the form.
This would be something that I believe you should address as 1 have no
authority in this area. The signed consent should be signed and expedited to
Martha Charlesworth, Esquire, c/o MI Legal Counsel, Marine Insurance
Claims, Boat Insurance Admin Offices, Claims Department, 5323 Port
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Royal Road, Springfield, Virginia, 22151. I have spoken with Ms.
Charlesworth and told her I would try to help in this effort. I ask that you handle
the matter from this point forward.
Finally, while speaking with Ms. Weatherby, she told me that the trustee
for the Weatherby Trust is Ms. Deana Lacourse. I do not know Ms. Lacourse
but I did leave a phone message with her to contact me, to explain to her the
need for action in the disposal of the boat. BoatUS cannot honor any claim
without first disposing of the boat. If Ms. Lacourse calls back, I will urge her to
work with you to get these projects accomplished.
To confirm, I am not looking to be compensated for any of my tasks,
beyond helping with the reduction of the Atlantic Beach property lien. Mr.
Weatherby already paid me a flat fee for that effort. To that end, I have been
told that if there was a buyer for the property, that the City of Atlantic Beach
would strongly consider a reduction of the lien to facilitate the sale of the
property. A reduction of the lien helps everyone, including the City.
I attended the lien hearing last Thursday and had asked that Ms. Bailey,
the PR of the estate attend with me as a family representative but she did not
show. The next hearing is January 09, 2020 at 2:00 P.M. at the Atlantic
Beach City Hall and I ask that you and Ms. Bailey appear with me to assist in
getting a reduction. If it is the plan to sell the property, and there is a motivated
buyer, that person might also want to be in attendance.
I will be more than happy to discuss these Batters by telephone at any
time. Thanking you in advance for your consideratio of is matter.
Sinc
W. Alan Winter, Esquire
Fla. Bar No. 398713
WAW/rd
Enclosure: Consent for Disposal of Vessel
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Winiter Law F fIl`m