Preview
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CONSTRUCT GROUP CORP.,
CASE NO. 06-5331 CA 22
Plaintiff/Appellee,,
Vv.
*Q
M. VILA & ASSOCIATES, INC., and ~~
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
r
Defendants/Appellants-Cross Appellee,
ao
v
re?
MIAMI-DADE COUNTY, FLORID
Third Party Defendant/Appellee-Cross Appellant.
/
NOTICE OF CROSS-APPEAL
NOTICE IS GIVEN that Miami-Dade County, Third Party Defendant/Cross Appellant,
appeals to the Third District Court of Appeal the attached orders of this court rendered on
October 30, 2008 (the original Judgment), November 13, 2008 (the “Amended Final Judgment”
and the “Order on Defendants’ Motion to Alter or Amend Judgment”), and November 20, 2008
(the “Second Amended Final Judgment”). The nature of said orders are final orders.
Respectfully submitted,
R. A. CUEVAS, JR.
MIAMADADE COUNTY ATTORNEY
By
On, loch
ssistant County Attorney
Florida Bar No. 0033588
' Miami-Dade County Attorney’s Office
f
f2[1qe- 4 Stephen P. Clark Center
u 111 N.W. First Street, Suite 2810
( Miami, Florida 33128-1993
OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE (305) 375-5151
NW
Bk 26701 Pg 3454 CFN 20081035120 12/29/2008 16:00:48 Pg 1 of 12 Mia-Dade Cty, FL
Phone: (305) 375-5151
Fax: (305) 375-5611
E-mail: jbloch@miamidade.gov
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument was sent
via U.S. Mail this_ 24" day of _Decenbe~, 2008 to: Joseph W. Lawrence II, Esq., Robert L.
Frye, Esq., Vezina, Lawrence & Piscitelli, P.A., Counsel for Plaintiffs/Appellees, The Museum
Building, 300 SW First Avenue, Suite 150, Ft. Lauderdale, FL 33301, and W. Sam Holland, The
Ferraro Law Firm, Counsel for Defendants/Appellants M. Vila & Associates and Fidelity, 4000
Ponce de Leon Blvd., Suite 700, Miami, FL 33146, Jorge J. Del Valle, Del Valle & La Civita,
Counsel for Defendants/Appellants, 4000 Ponce de Leon Blvd., Suite 470, Miami, FL 33146
and Roy D. Wasson, Wasson & Associates, Chartered, Counsel for Defendants/Appellants,
Courthouse Plaza, Suite 600, 5901 Southwest 74% Street, Miami, FL 33143.
By: Zk)
gn Bloch
istant County Attorney
OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE (305) 375-5151
Bk 26701 Pg 3455 CFN 20081035120 12/29/2008 16:00:48 Pg 2 of 12 Mia-Dade Cty, FL
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN
AND FOR MIAMI-DADE COUNTY, FLORIDA
CONSTRUCT GROUP CORP.
Plaintiff,
Case No.: 06-5331 CA 22
v
M. VILA & ASSOCIATES, INC. and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
Defendants.
M. VILA & ASSOCIATES, INC.,
Third Party Plaintiff,
Vv.
MIAMI-DADE COUNTY, FLORIDA, a
political subdivision of the State of Florida,
acting by and through its BOARD OF
COUNTY COMMISSIONERS,
Third Party Defendant.
/
FINAL JUDGMENT
Pursuant to the verdict rendered in this action on August 2, 2008:
IT IS ORDERED AND ADJUDGED that Construct Group Corp. (“Construct
Group”), 12101
NW 98" Avenue, Suite 8, Hialeah Gardens, Florida, 33018, shall
recover from M. Vila & Associates,
Inc., 12097 N.W. 98" Avenue, Hialeah Gardens, Florida 33018, and Fidelity and Deposi
t Company of
Maryland, 1400 American Lane, 20" Floor, Schaumburg, Illinoi
s 60196, jointly and severally, the amount
of $314,004.51, together with prejudgment interest in the amount of $1 16,069.80, for a total sum of
$430,074.31. The total sum to be recovered by Construct Group Comp. from
M. Vila & Associates, Inc.
and Fidelity and Deposit Company of Maryland shall be $430,07
4.31, which shall bear interest at the rate
of eleven percent (11%) per year after the date of this Final Judgme
nt, for which let execution issue.
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The Court reserves jurisdiction to determine any matters that are necessary and proper
to the
conclusion of this case, including the determination of entitlement to and the amount of attorneys’
fees,
costs and expenses awardable to Construct Group Corp.
IT [Ss FURTHER ORDERED AND ADJUDGED that M. Vila & Associates, Inc. takes
nothing
by its Counterclaim against Construct Group Corp. in this action and takes nothing by
its Third Party
Claim against Miami-Dade County.
IT IS FURTHER ORDERED AND ADJUDGED that Miami-Dade County shall recover from
M. Vila & Associates, Inc., 12097 N.W. 98" Avenue, Hialeah Gardens, Florida
33018, the amount of
$20,980.21 together with prejudgment interest in the amount of $7,063.72, for a
total sum of $28,043.93.
The total sum to be recovered by Miami-Dade County from M. Vila & Associates, Inc. shall be
$28,043.93, which shall bear interest at the rate of eleven percent (11%) per year
after the date of this
Final Judgment, for which let execution issue.
The Court reserves jurisdiction to determine any matters that are necessary and
proper to the
conclusion of this case, including the determination of entitlement to and the amount of
attorneys’ fees,
costs and expenses awardable to Miami-Dade County.
DONE AND ORDERED in Chambers in Miami-Dade County, Florida, this 30 day of
October, 2008.
Honorable Day C. Miller
-
Copies furnished to: uid ©. Maas
Joseph W. Lawrence, II CY
uit Cond q dads
Jorge Del Valle
Sam Holland ger se 2588
Jason Bloch, Asst. County Attorney
Roy Wasson Copformed ©
Bk 26701 Pg 3457 CFN 20081035120 12/29/2008 16:00:48 Pg 4 of 12 Mia-Dade Cty, FL
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO. 06-5331 CA 22
CONSTRUCT GROUP CORP.,
Plaintiff,
Vv.
—~ <=
M. VILA & ASSOCIATES, INC., and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
Defendants,
Vv.
MIAMI-DADE COUNTY,
Third Party Defendant.
AMENDED FINAL JUDGMENT
Pursuant to the verdict rendered in this action on August 2, 2008, and
consistent with this Court’s rulings on the Defendants’ Motion to Alter or Amend the
Final Judgment previously entered by this Court,
ITIS ORDERED AND ADJUDGED that Construct Group Corp. (“Construct
Group”), 12101 NW 98" Avenue, Suite 8, Hialeah Gardens, Florida 33018, shall
Bk 26701 Pg 3458 CFN 20081035120 12/29/2008 16:00:48 Pg 5 of 12 Mia-Dade Cty, FL
recover from M. Vila & Associates, Inc., 12097 N.S. 98" Avenue, Hialeah Gardens,
Florida 33018, and Fidelity and Deposit Company of Maryland, 1400 American Lane,
20" Floor, Schaumburg, Illinois 60196, jointly and severally, the amount of
$314,004.51, together with prejudgment interest in the amount of $116,069.80, for
atotal sum of $430,074.31. The total sum to be recovered by Construct Group Corp.
From M. Vila & Associates, Inc. and Fidelity and Depo:sit Company of Maryland
——————
shall be $430,074.31, which shall bear interest at the rate of eleven percent (11%) per
year after the October 30, 2008, for which let execution issue.
ITIS FURTHER ORDERED AND ADJUDGED that M. Vila& Associates,
Inc., 12097 NW 98" Avenue, Hialeah Gardens, Florida 33018 shall recover on its
Third Party Claim against Miami-Dade County Florida the sum of $348,986.56,
together with prejudgment interest in the amount of $140,392.73, for a total sum of
$489,379.29, which shall bear interest at the rate of eleven percent (11%) per year
after the date of this final judgment, for which let execute issue.
IT IS FURTHER ORDERED AND ADJUDGED that Miami-Dade County
shall recover from M. Vila & Associates, Inc. 12097 N.W. 98" Avenue, Hialeah
Gardens, Florida 33018, the amount of $20,980.21 together with prejudgment interest
in the amount of $7063.72, for a total sum of $28,043.93. The total sum to be
recovered by Miami-Dade County from M. Vila & Associates, Inc. shall be
2
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$28,043.93, which shall bear interest at the rate of eleven percent (11%) per year after
the date of this Fina] Judgment, for which let execution issue.
The Court reserves jurisdiction to determine any matters that are necessary and
proper to the conclusion of this case, including the determination of entitlement to
and the amount of attorneys’ fees, costs and expenses awardable.
DONE AND ORDERED in Chambers at Mi: jami-Qofde esis on
——— “ aeuit Court Jacie~ ee
this, the day of November, 2008.
NOV 13 aogg
C On
Grcurr comet SARE
Copies furnished to: All counsel of Record
Bk 26701 Pg 3460 CFN 20081035120 12/29/2008 16:00:48 Pg 7 of 12 Mia-Dade Cty, FL
- e
2
IN THE CIRCUIT COURT OF
AfIuU THE
+,
ELEVENTH JUDICIAL CIRCUIT
FOR MIAMI-DADE CO FL
\
CASE NO. 06-5331 CA 22 eeBF
Zycn
SOE
CONSTRUCT GROUP CORP., Zoe e
LESH
S28ee Zz
RE
“2
Plaintiff,
v4
Vv.
M. VILA & ASSOCIATES, INC., and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
Defendants,
Vv.
MIAMI-DADE COUNTY,
Third Party Defendant.
ee
ORDER ON DEFENDANTS’ MOTION
TO ALTER OR AMEND JUDGMENT
THIS MATTER having come before the Court on Novemb
er 10, 2008, on
Defendants’ Motion to Alter or Amend Judg
ment, the Court having considered
argument thereon and being otherwise suffi
ciently advised,
IT IS HEREBY ORDERED that said motion
is GRANTED IN PART. An
Amended Final Judgment shall be entered
in favor of M. Vila & Associates, Inc. on
Bk 26654 Pg 2330 CFN 20080934448 11/18/2008 11:55:08 Pg 1 of 2 Mia-Da
de Cty, FL
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—————
-
its Third Party Claim against Miami-Dade County in the amount of $348,986.56.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this,
the / 3 day of November, 2008,
CIR IT CO UDGE
Cones MULLER
Court dadge,,
Copies furnished to All counsel of Record
“S age
®
w
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Bk 26701 Pg 3462 CFN 20081035120 12/29/2008 16:00:48 Pg 9 of 12 Mia-Dade Cty, FL
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
CASE NO. 06-5331 CA 22
CONSTRUCT GROUP CORP.,
Plaintiff,
Vv.
M. VILA & ASSOCIATES, INC., and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
Defendants,
Vv.
MIAMI-DADE COUNTY,
Third Party Defendant.
SECOND AMENDED FINAL JUDGMENT
Pursuant to the verdict rendered in this action on August 2, 2008, and consistent with this
Court’s rulings on the Defendants’ Motion to Alter or Amend the Final Judgment previously
entered by this Court, and to correct scriveners errors' in the Amended Final Judgment dated
November 13, 2008,
IT IS ORDERED AND ADJUDGED that Construct Group Corp. (“Construct Group”),
12101 NW 98" Avenue, Suite 8, Hialeah Gardens, Florida, 33018, shall recover from M. Vila &
Associates, Inc., 12097 N.W. 98° Avenue, Hialeah Gardens, Florida 33018, and Fidelity and
1 The November 13, 2008 Amended Final Judgment contained a typographical error in the address of M. Vila &
Associates, Inc. and also omitted the reservation on Construct Group’s award of attomeys’ fees, costs and expenses
and the disposition in favor of Construct Group Corp. on M. Vila's counterclaim against Construct Group Corp.
Bk 26701 Pg 3463 CFN 20081035120 12/29/2008 16:00:48 Pg 10 of 12 Mia-Dade Cty, FL
Deposit Company of Maryland, 1400 American Lane, 20" Floor, Schaumburg, Illinois 60196,
jointly and severally, the amount of $314,004.51, together with prejudgment interest in the
amount of $116,069.80, for a total sum of $430,074.31. The total sum to be recovered by
Construct Group Corp. from M. Vila & Associates, Inc. and Fidelity and Deposit Company of
Maryland shall be $430,074.31, which shall bear interest at the rate of eleven percent (11%) per
year after October 30, 2008, for which let execution issue.
The Court reserves jurisdiction to determine any matters that are necessary and proper to
the conclusion of this case, including the determination of entitlement to and the amount of
attorneys’ fees, costs and expenses awardable to Construct Group Corp.
IT IS FURTHER ORDERED AND ADJUDGED that M. Vila & Associates, Inc. takes
nothing by its Counterclaim against Construct Group Corp. in this action.
IT IS FURTHER ORDERED AND ADJUDGED that M. Vila & Associates, Inc.,
12097 NW 98" Avenue, Hialeah Gardens, Florida 33018 shall recover on its Third Party Claim
against Miami-Dade County Florida the sum of $348,986.56, together with prejudgment interest
in the amount of $140,392.73, for a total sum of $489,379.29, which shall bear interest at the rate
of eleven percent (11%) per year after the date of this final judgment, for which let execute issue.
IT IS FURTHER ORDERED AND ADJUDGED that Miami-Dade County shall
recover from M. Vila & Associates, Inc. 12097 N.W. 98" Avenue, Hialeah Gardens, Florida
33018, the amount of $20,980.21 together with prejudgment interest in the amount of $7,063.72,
for a total sum of $28,043.93. The total sum to be recovered by Miami-Dade County from M.
Vila & Associates, Inc. shall be $28,043.93, which shall bear interest at the rate of eleven percent
(11%) per year after the date of this Final Judgment, for which let execution issue.
2
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The Court reserves jurisdiction to determine any matters that are necessary and proper to
the conclusion of this case, including the determination of entitlement to and the amount of
attorneys’ fees, costs and expenses awardable.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this, the
day of November, 2008.
CIRCUIT COURT JUDGE
Copies furnished to: All counsel of Record
avid C. Millet
ude
Circuit Court J
NOV 2.0 2008
Conformed Copy
Bk 26701 Pg 3465 CFN 20081035120 12/29/2008 16:00:48 Pg 12 of 12 Mia-Dade Cty, FL
Preview
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CONSTRUCT GROUP CORP., CASE NO. 06-5331 CA 22 Plaintiff/Appellee,, Vv. *Q M. VILA & ASSOCIATES, INC., and ~~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND, r Defendants/Appellants-Cross Appellee, ao v re? MIAMI-DADE COUNTY, FLORID Third Party Defendant/Appellee-Cross Appellant. / NOTICE OF CROSS-APPEAL NOTICE IS GIVEN that Miami-Dade County, Third Party Defendant/Cross Appellant, appeals to the Third District Court of Appeal the attached orders of this court rendered on October 30, 2008 (the original Judgment), November 13, 2008 (the “Amended Final Judgment” and the “Order on Defendants’ Motion to Alter or Amend Judgment”), and November 20, 2008 (the “Second Amended Final Judgment”). The nature of said orders are final orders. Respectfully submitted, R. A. CUEVAS, JR. MIAMADADE COUNTY ATTORNEY By On, loch ssistant County Attorney Florida Bar No. 0033588 ' Miami-Dade County Attorney’s Office f f2[1qe- 4 Stephen P. Clark Center u 111 N.W. First Street, Suite 2810 ( Miami, Florida 33128-1993 OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE (305) 375-5151 NW Bk 26701 Pg 3454 CFN 20081035120 12/29/2008 16:00:48 Pg 1 of 12 Mia-Dade Cty, FL Phone: (305) 375-5151 Fax: (305) 375-5611 E-mail: jbloch@miamidade.gov CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument was sent via U.S. Mail this_ 24" day of _Decenbe~, 2008 to: Joseph W. Lawrence II, Esq., Robert L. Frye, Esq., Vezina, Lawrence & Piscitelli, P.A., Counsel for Plaintiffs/Appellees, The Museum Building, 300 SW First Avenue, Suite 150, Ft. Lauderdale, FL 33301, and W. Sam Holland, The Ferraro Law Firm, Counsel for Defendants/Appellants M. Vila & Associates and Fidelity, 4000 Ponce de Leon Blvd., Suite 700, Miami, FL 33146, Jorge J. Del Valle, Del Valle & La Civita, Counsel for Defendants/Appellants, 4000 Ponce de Leon Blvd., Suite 470, Miami, FL 33146 and Roy D. Wasson, Wasson & Associates, Chartered, Counsel for Defendants/Appellants, Courthouse Plaza, Suite 600, 5901 Southwest 74% Street, Miami, FL 33143. By: Zk) gn Bloch istant County Attorney OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA TELEPHONE (305) 375-5151 Bk 26701 Pg 3455 CFN 20081035120 12/29/2008 16:00:48 Pg 2 of 12 Mia-Dade Cty, FL IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CONSTRUCT GROUP CORP. Plaintiff, Case No.: 06-5331 CA 22 v M. VILA & ASSOCIATES, INC. and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendants. M. VILA & ASSOCIATES, INC., Third Party Plaintiff, Vv. MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, acting by and through its BOARD OF COUNTY COMMISSIONERS, Third Party Defendant. / FINAL JUDGMENT Pursuant to the verdict rendered in this action on August 2, 2008: IT IS ORDERED AND ADJUDGED that Construct Group Corp. (“Construct Group”), 12101 NW 98" Avenue, Suite 8, Hialeah Gardens, Florida, 33018, shall recover from M. Vila & Associates, Inc., 12097 N.W. 98" Avenue, Hialeah Gardens, Florida 33018, and Fidelity and Deposi t Company of Maryland, 1400 American Lane, 20" Floor, Schaumburg, Illinoi s 60196, jointly and severally, the amount of $314,004.51, together with prejudgment interest in the amount of $1 16,069.80, for a total sum of $430,074.31. The total sum to be recovered by Construct Group Comp. from M. Vila & Associates, Inc. and Fidelity and Deposit Company of Maryland shall be $430,07 4.31, which shall bear interest at the rate of eleven percent (11%) per year after the date of this Final Judgme nt, for which let execution issue. Bk 26701 Pg 3456 CFN 20081035120 12/29/2008 16:00:48 Pg 3 of 12 Mia-Dade Cty, FL The Court reserves jurisdiction to determine any matters that are necessary and proper to the conclusion of this case, including the determination of entitlement to and the amount of attorneys’ fees, costs and expenses awardable to Construct Group Corp. IT [Ss FURTHER ORDERED AND ADJUDGED that M. Vila & Associates, Inc. takes nothing by its Counterclaim against Construct Group Corp. in this action and takes nothing by its Third Party Claim against Miami-Dade County. IT IS FURTHER ORDERED AND ADJUDGED that Miami-Dade County shall recover from M. Vila & Associates, Inc., 12097 N.W. 98" Avenue, Hialeah Gardens, Florida 33018, the amount of $20,980.21 together with prejudgment interest in the amount of $7,063.72, for a total sum of $28,043.93. The total sum to be recovered by Miami-Dade County from M. Vila & Associates, Inc. shall be $28,043.93, which shall bear interest at the rate of eleven percent (11%) per year after the date of this Final Judgment, for which let execution issue. The Court reserves jurisdiction to determine any matters that are necessary and proper to the conclusion of this case, including the determination of entitlement to and the amount of attorneys’ fees, costs and expenses awardable to Miami-Dade County. DONE AND ORDERED in Chambers in Miami-Dade County, Florida, this 30 day of October, 2008. Honorable Day C. Miller - Copies furnished to: uid ©. Maas Joseph W. Lawrence, II CY uit Cond q dads Jorge Del Valle Sam Holland ger se 2588 Jason Bloch, Asst. County Attorney Roy Wasson Copformed © Bk 26701 Pg 3457 CFN 20081035120 12/29/2008 16:00:48 Pg 4 of 12 Mia-Dade Cty, FL IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 06-5331 CA 22 CONSTRUCT GROUP CORP., Plaintiff, Vv. —~ <= M. VILA & ASSOCIATES, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendants, Vv. MIAMI-DADE COUNTY, Third Party Defendant. AMENDED FINAL JUDGMENT Pursuant to the verdict rendered in this action on August 2, 2008, and consistent with this Court’s rulings on the Defendants’ Motion to Alter or Amend the Final Judgment previously entered by this Court, ITIS ORDERED AND ADJUDGED that Construct Group Corp. (“Construct Group”), 12101 NW 98" Avenue, Suite 8, Hialeah Gardens, Florida 33018, shall Bk 26701 Pg 3458 CFN 20081035120 12/29/2008 16:00:48 Pg 5 of 12 Mia-Dade Cty, FL recover from M. Vila & Associates, Inc., 12097 N.S. 98" Avenue, Hialeah Gardens, Florida 33018, and Fidelity and Deposit Company of Maryland, 1400 American Lane, 20" Floor, Schaumburg, Illinois 60196, jointly and severally, the amount of $314,004.51, together with prejudgment interest in the amount of $116,069.80, for atotal sum of $430,074.31. The total sum to be recovered by Construct Group Corp. From M. Vila & Associates, Inc. and Fidelity and Depo:sit Company of Maryland —————— shall be $430,074.31, which shall bear interest at the rate of eleven percent (11%) per year after the October 30, 2008, for which let execution issue. ITIS FURTHER ORDERED AND ADJUDGED that M. Vila& Associates, Inc., 12097 NW 98" Avenue, Hialeah Gardens, Florida 33018 shall recover on its Third Party Claim against Miami-Dade County Florida the sum of $348,986.56, together with prejudgment interest in the amount of $140,392.73, for a total sum of $489,379.29, which shall bear interest at the rate of eleven percent (11%) per year after the date of this final judgment, for which let execute issue. IT IS FURTHER ORDERED AND ADJUDGED that Miami-Dade County shall recover from M. Vila & Associates, Inc. 12097 N.W. 98" Avenue, Hialeah Gardens, Florida 33018, the amount of $20,980.21 together with prejudgment interest in the amount of $7063.72, for a total sum of $28,043.93. The total sum to be recovered by Miami-Dade County from M. Vila & Associates, Inc. shall be 2 Bk 26701 Pg 3459 CFN 20081035120 12/29/2008 16:00:48 Pg 6 of 12 Mia-Dade Cty, FL $28,043.93, which shall bear interest at the rate of eleven percent (11%) per year after the date of this Fina] Judgment, for which let execution issue. The Court reserves jurisdiction to determine any matters that are necessary and proper to the conclusion of this case, including the determination of entitlement to and the amount of attorneys’ fees, costs and expenses awardable. DONE AND ORDERED in Chambers at Mi: jami-Qofde esis on ——— “ aeuit Court Jacie~ ee this, the day of November, 2008. NOV 13 aogg C On Grcurr comet SARE Copies furnished to: All counsel of Record Bk 26701 Pg 3460 CFN 20081035120 12/29/2008 16:00:48 Pg 7 of 12 Mia-Dade Cty, FL - e 2 IN THE CIRCUIT COURT OF AfIuU THE +, ELEVENTH JUDICIAL CIRCUIT FOR MIAMI-DADE CO FL \ CASE NO. 06-5331 CA 22 eeBF Zycn SOE CONSTRUCT GROUP CORP., Zoe e LESH S28ee Zz RE “2 Plaintiff, v4 Vv. M. VILA & ASSOCIATES, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendants, Vv. MIAMI-DADE COUNTY, Third Party Defendant. ee ORDER ON DEFENDANTS’ MOTION TO ALTER OR AMEND JUDGMENT THIS MATTER having come before the Court on Novemb er 10, 2008, on Defendants’ Motion to Alter or Amend Judg ment, the Court having considered argument thereon and being otherwise suffi ciently advised, IT IS HEREBY ORDERED that said motion is GRANTED IN PART. An Amended Final Judgment shall be entered in favor of M. Vila & Associates, Inc. on Bk 26654 Pg 2330 CFN 20080934448 11/18/2008 11:55:08 Pg 1 of 2 Mia-Da de Cty, FL Bk 26701 Pg 3461 CFN 20081035120 12/29/2008 16:00:48 Pg 8 of 12 Mia-Dade Cty, FL ————— - its Third Party Claim against Miami-Dade County in the amount of $348,986.56. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this, the / 3 day of November, 2008, CIR IT CO UDGE Cones MULLER Court dadge,, Copies furnished to All counsel of Record “S age ® w Bk 26654 Pg 2331 CFN 20080934448 11/18/2008 11:55:08 Pg 2 of 2 Mia-Dade Cty, FL Bk 26701 Pg 3462 CFN 20081035120 12/29/2008 16:00:48 Pg 9 of 12 Mia-Dade Cty, FL IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 06-5331 CA 22 CONSTRUCT GROUP CORP., Plaintiff, Vv. M. VILA & ASSOCIATES, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendants, Vv. MIAMI-DADE COUNTY, Third Party Defendant. SECOND AMENDED FINAL JUDGMENT Pursuant to the verdict rendered in this action on August 2, 2008, and consistent with this Court’s rulings on the Defendants’ Motion to Alter or Amend the Final Judgment previously entered by this Court, and to correct scriveners errors' in the Amended Final Judgment dated November 13, 2008, IT IS ORDERED AND ADJUDGED that Construct Group Corp. (“Construct Group”), 12101 NW 98" Avenue, Suite 8, Hialeah Gardens, Florida, 33018, shall recover from M. Vila & Associates, Inc., 12097 N.W. 98° Avenue, Hialeah Gardens, Florida 33018, and Fidelity and 1 The November 13, 2008 Amended Final Judgment contained a typographical error in the address of M. Vila & Associates, Inc. and also omitted the reservation on Construct Group’s award of attomeys’ fees, costs and expenses and the disposition in favor of Construct Group Corp. on M. Vila's counterclaim against Construct Group Corp. Bk 26701 Pg 3463 CFN 20081035120 12/29/2008 16:00:48 Pg 10 of 12 Mia-Dade Cty, FL Deposit Company of Maryland, 1400 American Lane, 20" Floor, Schaumburg, Illinois 60196, jointly and severally, the amount of $314,004.51, together with prejudgment interest in the amount of $116,069.80, for a total sum of $430,074.31. The total sum to be recovered by Construct Group Corp. from M. Vila & Associates, Inc. and Fidelity and Deposit Company of Maryland shall be $430,074.31, which shall bear interest at the rate of eleven percent (11%) per year after October 30, 2008, for which let execution issue. The Court reserves jurisdiction to determine any matters that are necessary and proper to the conclusion of this case, including the determination of entitlement to and the amount of attorneys’ fees, costs and expenses awardable to Construct Group Corp. IT IS FURTHER ORDERED AND ADJUDGED that M. Vila & Associates, Inc. takes nothing by its Counterclaim against Construct Group Corp. in this action. IT IS FURTHER ORDERED AND ADJUDGED that M. Vila & Associates, Inc., 12097 NW 98" Avenue, Hialeah Gardens, Florida 33018 shall recover on its Third Party Claim against Miami-Dade County Florida the sum of $348,986.56, together with prejudgment interest in the amount of $140,392.73, for a total sum of $489,379.29, which shall bear interest at the rate of eleven percent (11%) per year after the date of this final judgment, for which let execute issue. IT IS FURTHER ORDERED AND ADJUDGED that Miami-Dade County shall recover from M. Vila & Associates, Inc. 12097 N.W. 98" Avenue, Hialeah Gardens, Florida 33018, the amount of $20,980.21 together with prejudgment interest in the amount of $7,063.72, for a total sum of $28,043.93. The total sum to be recovered by Miami-Dade County from M. Vila & Associates, Inc. shall be $28,043.93, which shall bear interest at the rate of eleven percent (11%) per year after the date of this Final Judgment, for which let execution issue. 2 Bk 26701 Pg 3464 CFN 20081035120 12/29/2008 16:00:48 Pg 11 of 12 Mia-Dade Cty, FL The Court reserves jurisdiction to determine any matters that are necessary and proper to the conclusion of this case, including the determination of entitlement to and the amount of attorneys’ fees, costs and expenses awardable. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on this, the day of November, 2008. CIRCUIT COURT JUDGE Copies furnished to: All counsel of Record avid C. Millet ude Circuit Court J NOV 2.0 2008 Conformed Copy Bk 26701 Pg 3465 CFN 20081035120 12/29/2008 16:00:48 Pg 12 of 12 Mia-Dade Cty, FL