IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR SUMTER COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,
Petitioner,
CIVIL ACTION NO.: 2026-CA-214
PARCEL NO.: 119
DAROLD D. DA VIS a/k/a Darold Dean Davis, a married person;
HEIRS AND BENEFICIARIES OF H. E. DA VIS a/k/a
H.E .Davis Sr. a/k/a Herbert E. Davis, deceased;
DAROLD D. DA VIS d/b/a DA VIS GARAGE;
SUMTER COUNTY TAX COLLECTOR,
Respondents.
NOTICE TO SHOW CAUSE
AND
NOTICE OF SUIT
STATE OF FLORIDA TO:
Heirs and Beneficiaries of H. E. Davis a/k/a H.E Davis Sr. a/k/a Herbert E. Davis, deceased Serve: Legal Publication for Unknown Heirs To all said defendants who are living and all defendants who are deceased, if any, and the unknown spouse, heirs, devisees, grantees, creditors, lien ors, or other parties claiming by, through, under, or against any such defendant or defendants, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased defendant or defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to wit:
PARCEL NO. 119
FEE SIMPLE
That portion of:
SECTION 18010
FP430132-1
The South 155 feet of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 19 South, Range 23 East, Sumter County, Florida.
(Being a portion of lands described in Official Records Book 219, Page 559, Official Records Book 128, Page 206 and Official Records Book 58, Page 445, all in the Public Records of Sumter County, Florida.)
Described as follows:
Commence at a 6-inch by 6-inch concrete monument with 3-inch brass disk stamped "SUMTER COUNTY SECTION SURVEY" marking the Northeast corner of the Southeast 1/4 of Section 36, Township 19 South, Range 22 East as shown on the Florida Department of Transportation Right of Way Map for State Road 35, Section 18010, Financial Project Number 430132-1; thence North 00°26'25" East along said the East line of the Northeast 1/4 of said Section 36, a distance of 2658.41 feet to the Northwest comer of the Northwest 1/4 of Section 31, Township 19 South, Range 23 East; thence North 00°12'00" East along the West line of the Southwest 1/4 of Section 30, Township 19 South Range 23 East, a distance of 0.43 feet to a point on the Centerline of Survey of State Road 35 as shown on said Florida Department of Transportation Right of Way Map for State Road 35, said point being at station 57+16.39; thence departing said West line, run South 89°43'09" East along said Centerline of Survey, a distance of 1223.15 feet to station 69+39.54, said point being the point of curvature of a curve, concave to the Northwest, having a Radius of 1432.69 feet and a Central Angle of 85°42'01 "; thence run Northeasterly along Arc of said curve and along said Centerline of Survey, a distance of 2142.94 feet (Chord Bearing North 47°25'50" East, Chord Distance= 1948.69 feet) to a point on the Easterly projection of the North line of Tract "A", Coleman Oaks, according to the plat thereof, as recorded in Plat Book 4, Page 106, said point being at Station 90+82.48; thence departing said Centerline of Survey, North 89°39'35" West along said Easterly projection, a distance of 50.14 feet to a point on the West right of way line of said State Road 35 per said right of way map and the POINT OF BEGINNING, thence continue North 89°39'35" West along said North line, a distance of32.09 feet to a point on a curve, concave to the West, having a Radius of 1200.00 feet and a Central angle of 02°47'29"; thence departing said North line, from a tangent bearing of North 02°59'19" East, run Northerly along the Arc of said curve, a distance of 58.46 feet (Chord Bearing = North O 1 °35'34" East, Chord Distance 58.46 feet) to the point of tangency; thence North 00°11 '49" East, a distance of 96.56 feet to a point on the North line of the South 155 feet of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of said Section 30; thence South 89°39'35" East along said North line, a distance of 35.00 feet to a point on the aforementioned West right of way line; thence the following two (2) calls along said West right of way line; thence departing said North line, South 00°11 '49" West, a distance of 45 .62 feet to a point of curvature of a curve, concave to the West, having a Radius of 1382.69 feet and a Central Angle of 04°32' 13"; thence run Southerly along the Arc of said curve, a distance of 109.49 feet (Chord Bearing= South 02°27'56" West, Chord Distance= 109.46 feet) to the POINT OF BEGINNING.
Containing 5,295 square feet, more or less.
You are hereby notified that the Petitioner filed its sworn Petition and its Declaration of Taking in this Court against you as Respondent, seeking to condemn by eminent domain
proceedings the above-described property located in the State of Florida, County of Sumter.
You are further notified that the Petitioner will apply to the Honorable Erin Daly, one of the Judges of this Court on the 18th day of August, 2026 at 3:00 p.m., Sumter County Courthouse, Courtroom B, 215 E. McCollum Avenue, Bushnell, FL 33513 for an Order of Taking in this cause. All Respondents to this suit may request a hearing at the time and place designated and be heard. Any Respondent failing to file a request for hearing shall waive any right to object to the Order of Taking.
AND
Each Respondent is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
JAMES UTHMEIER
ATTORNEY GENERAL
/s/ Jessica Schwieterman
Jessica Schwieterman
Senior Assistant Attorney General
Florida Bar No. 116460
Civil Litigation Central
Office of the Attorney General
3507 E. Frontage Road, Suite 200
Tampa, FL 33607
Office: (813)233-2880 I Direct: (813)577-4564
E-mail:
Jessica.Schwieterman@myfloridalegal.com
Secondary Email:
Jessica.Koster@myfloridalegal.com
Counsel for Florida Department of Transportation on or before July 19, 2026 (30 days prior to the OT Date), and to file the originals with the Clerk of this Court on that date, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition.
If you fail to answer, a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking.
WITNESS MY HAND AND SEAL of said Court on the 4th day of June, A.D., 2026.
ERIN C.MUNZ
CLERK OF THE CIRCUIT COURT
By: Megan Hunnenwell
Deputy Clerk
NOTICE
If you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Sumter County Courthouse, (352) 569-6952, at least 7 days before your scheduled court appearance, or immediately upon receiving a notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
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