Preview
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/Appellee, ¢ le
>
M. VILA & ASSOCIATES, INC., and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
ogg d02 Us tid
ge :2 Hd SI J30 200
Defendants/Appellants,
v.
MIAMI-DADE COUNTY,
Third Party Defendant/Appellee.
NOTICE OF APPEAL
NOTICEIS HEREBY GIVEN that M. Vila & Associates, Inc. and F idelity and
Deposit Company of Maryland, Defendants/ Appellants, appeal to the Third District
Court of Appeal the attached orders of this Court rendered on November 13, 2008
and November 20, 2008. The nature of said orders are final orders.
‘WASSON & ASSOCIATES, CHARTERED
4
Courthouse Plaza Suite 600 + 28 West Flagler Street » Miami, FL 33130 + Telephone (305) 666-5053
roy@wassonandassociates.com
Bk 26689 Pg 2683 CFN 20081009644 12/17/2008 13:42:02 Pg 1 of 9 Mia-Dade Cty, FLRoy D. WASsON W. SAM HOLLAND
WASSON & ASSOCIATES, CHARTERED FERRARO & ASSOCIATES, P.A.
Courthouse Plaza—Suite 600 4000 Ponce de Leon Boulevard
5901 Southwest 74" Street Suite 700
Miami, Florida 33143 Miami, FL 33146
(305) 666-5053 Telephone (305) 375-0111 Telephone
(305) 666-0010 Facsimile (305) 379-6222 Facsimile
roy@wassonandassociates.com
JORGE DEL VALLE
DEL VALLE & LA CIVITA
4000 Ponce de Leon Boulevard
Suite 470
Miami, FL 33146
(305) 860-8108 Telephone
(305) 379-6222 Facsimile
Counsel for Defendants/Appellants
By:
ROY D‘ WASSON
Florida Bar No. 332070
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served
by U.S. Mail upon Joseph W. Lawrence, II and Rober L. Frye, Vezina, Lawrence &
Piscitelli, P.A., Counsel for Plaintiffs/Appellees, The Museum Building, 300 SW
First Avenue, Suite 150, Fort Lauderdale, FL 33301; W. Sam Holland, The Ferraro
Law Firm, Counsel for Defendants/Appellants M. Vila & Associates and Fidelity,
2
WASSON & ASSOCIATES, CHARTERED
Courthouse Plaza + Suite 600 + 28 West Flagler Street + Miami, FL 33130 » Telephone (305) 666-5053
roy@wassonandassociates.com
Bk 26689 Pg 2684 CFN 20081009644 12/17/2008 13:42:02 Pg 2 of 9 Mia-Dade Cty, FL4000 Ponce de Leon Boulevard, Suite 7000, Miami, FL 33146; Jorge J. Del Valle,
Del Valle & La Civita, Counsel for Defendants/Appellants, 9031 Shoal Creek Drive,
Tallahassee, FL 32312; and Jason Bloch, Assistant Miami-Dade County Attorney,
Counsel for Third Party Defendant/Appellee, 111 NW 1* Street, Miami, FL 33129;
on this the 15" day of December, 2008.
By:
ROY PB. WASSON
Florida Bar No. 332070
WASSON & ASSOCIATES, CHARTERED
Courthouse Plaza * Suite 600 + 28 West Flagler Street * Miami, FL 33130 + Telephone (305) 666-5053
roy@wassonandassociates.com
Bk 26689 Pg 2685 CFN 20081009644 12/17/2008 13:42:02 Pg 3 of 9 Mia-Dade Cty, FLIN 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,
v.
M. VILA & ASSOCIATES, INC., and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
Defendants,
Vv.
MIAMI-DADE COUNTY,
Third Party Defendant.
/
So
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 26689 Pg 2686 CFN 20081009644 12/17/2008 13:42:02 Pg 4 of 9 Mia-Dade Cty, FL
—<———— ———— ET eerecover 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 $1 16,069.80, 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
a Se
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 26689 Pg 2687 CFN 20081009644 12/17/2008 13:42:02 Pg 5 of 9 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 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.
DONE AND ORDERED in Chambers at at Miami-PaBediaun FA nai}grida, on
etCu Court Jam
this, the ____ day of November, 2008. NOV 13 2008
Conf
CIRCUIT COURT TRE
QU tt ee
Copies furnished to: All counsel of Record
Bk 26689 Pg 2688 CFN 20081009644 12/17/2008 13:42:02 Pg 6 of 9 Mia-Dade Cty, FLIN 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,
v.
M. VILA & ASSOCIATES, INC., and
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND,
Defendants,
v.
MIAMI-DADE COUNTY,
Third Party Defendant.
/
eee
eee
SECOND AMENDED FINAL JUDGMENT
eee
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 26689 Pg 2689 CFN 20081009644 12/17/2008 13:42:02 Pg 7 of 9 Mia-Dade Cty, FLDeposit 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.
Bk 26689 Pg 2690 CFN 20081009644 12/17/2008 13:42:02 Pg 8 of 9 Mia-Dade Cty, FLThe 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
David C. Millet .
Circuit Court Juda
NOV 20 2008
Conformed Copy
Bk 26689 Pg 2691 CFN 20081009644 12/17/2008 13:42:02 Pg 9 of 9 Mia-Dade Cty, FL
Preview
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/Appellee, ¢ le > M. VILA & ASSOCIATES, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, ogg d02 Us tid ge :2 Hd SI J30 200 Defendants/Appellants, v. MIAMI-DADE COUNTY, Third Party Defendant/Appellee. NOTICE OF APPEAL NOTICEIS HEREBY GIVEN that M. Vila & Associates, Inc. and F idelity and Deposit Company of Maryland, Defendants/ Appellants, appeal to the Third District Court of Appeal the attached orders of this Court rendered on November 13, 2008 and November 20, 2008. The nature of said orders are final orders. ‘WASSON & ASSOCIATES, CHARTERED 4 Courthouse Plaza Suite 600 + 28 West Flagler Street » Miami, FL 33130 + Telephone (305) 666-5053 roy@wassonandassociates.com Bk 26689 Pg 2683 CFN 20081009644 12/17/2008 13:42:02 Pg 1 of 9 Mia-Dade Cty, FLRoy D. WASsON W. SAM HOLLAND WASSON & ASSOCIATES, CHARTERED FERRARO & ASSOCIATES, P.A. Courthouse Plaza—Suite 600 4000 Ponce de Leon Boulevard 5901 Southwest 74" Street Suite 700 Miami, Florida 33143 Miami, FL 33146 (305) 666-5053 Telephone (305) 375-0111 Telephone (305) 666-0010 Facsimile (305) 379-6222 Facsimile roy@wassonandassociates.com JORGE DEL VALLE DEL VALLE & LA CIVITA 4000 Ponce de Leon Boulevard Suite 470 Miami, FL 33146 (305) 860-8108 Telephone (305) 379-6222 Facsimile Counsel for Defendants/Appellants By: ROY D‘ WASSON Florida Bar No. 332070 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail upon Joseph W. Lawrence, II and Rober L. Frye, Vezina, Lawrence & Piscitelli, P.A., Counsel for Plaintiffs/Appellees, The Museum Building, 300 SW First Avenue, Suite 150, Fort Lauderdale, FL 33301; W. Sam Holland, The Ferraro Law Firm, Counsel for Defendants/Appellants M. Vila & Associates and Fidelity, 2 WASSON & ASSOCIATES, CHARTERED Courthouse Plaza + Suite 600 + 28 West Flagler Street + Miami, FL 33130 » Telephone (305) 666-5053 roy@wassonandassociates.com Bk 26689 Pg 2684 CFN 20081009644 12/17/2008 13:42:02 Pg 2 of 9 Mia-Dade Cty, FL4000 Ponce de Leon Boulevard, Suite 7000, Miami, FL 33146; Jorge J. Del Valle, Del Valle & La Civita, Counsel for Defendants/Appellants, 9031 Shoal Creek Drive, Tallahassee, FL 32312; and Jason Bloch, Assistant Miami-Dade County Attorney, Counsel for Third Party Defendant/Appellee, 111 NW 1* Street, Miami, FL 33129; on this the 15" day of December, 2008. By: ROY PB. WASSON Florida Bar No. 332070 WASSON & ASSOCIATES, CHARTERED Courthouse Plaza * Suite 600 + 28 West Flagler Street * Miami, FL 33130 + Telephone (305) 666-5053 roy@wassonandassociates.com Bk 26689 Pg 2685 CFN 20081009644 12/17/2008 13:42:02 Pg 3 of 9 Mia-Dade Cty, FLIN 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, v. M. VILA & ASSOCIATES, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendants, Vv. MIAMI-DADE COUNTY, Third Party Defendant. / So 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 26689 Pg 2686 CFN 20081009644 12/17/2008 13:42:02 Pg 4 of 9 Mia-Dade Cty, FL —<———— ———— ET eerecover 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 $1 16,069.80, 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 a Se 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 26689 Pg 2687 CFN 20081009644 12/17/2008 13:42:02 Pg 5 of 9 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 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. DONE AND ORDERED in Chambers at at Miami-PaBediaun FA nai}grida, on etCu Court Jam this, the ____ day of November, 2008. NOV 13 2008 Conf CIRCUIT COURT TRE QU tt ee Copies furnished to: All counsel of Record Bk 26689 Pg 2688 CFN 20081009644 12/17/2008 13:42:02 Pg 6 of 9 Mia-Dade Cty, FLIN 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, v. M. VILA & ASSOCIATES, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendants, v. MIAMI-DADE COUNTY, Third Party Defendant. / eee eee SECOND AMENDED FINAL JUDGMENT eee 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 26689 Pg 2689 CFN 20081009644 12/17/2008 13:42:02 Pg 7 of 9 Mia-Dade Cty, FLDeposit 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. Bk 26689 Pg 2690 CFN 20081009644 12/17/2008 13:42:02 Pg 8 of 9 Mia-Dade Cty, FLThe 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 David C. Millet . Circuit Court Juda NOV 20 2008 Conformed Copy Bk 26689 Pg 2691 CFN 20081009644 12/17/2008 13:42:02 Pg 9 of 9 Mia-Dade Cty, FL