USA v. Tract J53-29

Filing 57

ORDER granting 55 Motion for disbursement of funds. The Clerk is directed to disburse funds on deposit in the Registry of the Court to Applicant William D. Welch in the amount of $930.71, plus interest and minus registry fees, representing the total sum left on deposit, as just compensation for TRACT J53-29, leaving no sum on deposit. Signed by Judge Virginia M. Hernandez Covington on 9/16/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. Case No. 2:03-cv-311-FtM-33SPC

TRACT J53-29, 5.00 ACRES OF LAND, MORE OR LESS IN COLLIER COUNTY, FLORIDA, SA. WELCH A/K/A SYLVESTER ARTHUR WELCH (DECEASED), ET AL., Defendants. _______________________________/ ORDER This matter comes before the Court pursuant to the Application for Withdrawal of Just Compensation of William D. Welch (Doc. # 55), and Plaintiff's Response thereto,

indicating that "the Court should approve William D. Welch's Application for Withdrawal" (Doc. # 56), both filed on August 27, 2010. William For the reasons that follow, the Court will grant D. Welch's Application for Withdrawal of Just

Compensation. Discussion The Clerk's Receipt (Doc. # 4) indicates that the amount of $3,750.00 was deposited in the Registry of the Court on

June 24, 2003, as the estimated just compensation for TRACT J53-29. Since that time, the Court has directed the Clerk to

make the following disbursements:

1) 2) 3) 4) 5)

$27.15 to the Collier County Tax Collector (Doc. # 11) $465.36 to Peggy W. Gay (Doc. # 47) $465.36 to Sherry Kimball (Doc. # 47) $930.71 to Robert Hughes Welch (Doc. # 47) $930.71 to Charles Bowker (Doc. # 54) On June 25, 2006, this Court entered an Order finding

that William D. Welch is entitled to the remaining funds left on deposit in this case, specifically, the amount of $930.71 (Doc. # 52). In addition, the United States indicates that it has no objection to the requested disbursement. the Court finds that the amount on Accordingly, should be

deposit

distributed to the Applicant. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) The Application for Withdrawal of Just Compensation of William D. Welch (Doc. # 55) is GRANTED. (2) The Clerk is directed to disburse funds on deposit in the Registry of the Court to Applicant William D. Welch in the amount of $930.71, plus interest and minus registry fees, representing the total sum left on deposit, as just compensation for TRACT J53-29, leaving no sum on deposit. DONE and ORDERED in Ft. Myers, Florida, this 16th day of September 2010.

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Copies: All Parties of Record

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