U.S. v. Franklin

Full title: UNITED STATES OF AMERICA, Plaintiff v. LAWRENCE G. FRANKLIN et al.…

Court: United States District Court, M.D. Florida, Fort Myers Division

Date published: Oct 16, 2001

Case No. 2:99-cv-1-FTM-29DNF (M.D. Fla. Oct. 16, 2001)

Opinion

Case No. 2:99-cv-1-FTM-29DNF

October 16, 2001

ORDER

JOHN E. STEELE, United States District Judge

This matter comes before the Court on Plaintiff's Motion for Entry of Order of Sale (Doc. #266), filed August 28, 2001. On August 29, 2001, the Court directed plaintiff to advise the Court of the legal affect of Lawrence G. Franklin's death on his prior consent to the sale of the real property. (Doc. #268)

As defendant Patricia Franklin correctly states (Doc. #270), plaintiff's Motion (Doc. #266) and attached Memorandum in Support of Plaintiff's Motion for Entry of Order of Sale did not represent that either of the Franklins ever agreed to the sale, and the record reflects that they have consistently objected to virtually all aspects of this case. The Court's reading of plaintiff's Motion (Doc. #266) was simply in error.

Accordingly, it is now

ORDERED:

1. The Order dated August 29, 2001 (Doc. #268) is hereby vacated.

2. Defendant Patricia Franklin's Notice of Protest to Government's Motion (Dcc. #270), filed September 5, 2001, is deemed a response to Plaintiff's Motion for Entry of Order of Sale (Doc. #266). In light of the death of Lawrence G. Franklin, the action shall proceed against Patricia Franklin. Fed.R.Civ.P. 25(a)(2).

3. Plaintiff's Motion for Entry of Order of Sale (Doc. #266) is GRANTED. The Court will enter an Order of Sale under separate cover.