On April 19, 2021 a
Order
was filed
involving a dispute between
Fire Design By Mel Llc,
Folbrecht, Melvin T Jr,
and
Egers, Carol,
Fire Equipment Services Of Florida Inc,
for Circuit Civil
in the District Court of St. Lucie County.
Preview
Filing # 128903635 E-Filed 06/16/2021 04:43:20 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
MELVIN T. FOLBRECHT, JR., and FIRE CASE NO. 56-2021-CA-0722
DESIGN BY MEL, LLC fi/k/a FIRE
EQUIPMENT SERVICES OF ST. LUCIE
INC.,
Plaintiffs,
v.
FIRE EQUIPMENT SERVICES OF
FLORIDA, INC., and CAROL EGERS,
Defendants. /
ORDER APPOINTING MEDIATOR AND SCHEDULING
MEDIATION
THIS MATTER came before the court on the parties agreed upon request for the court to
appoint a mediator and schedule a mediation (the “Mediation Request”). The court, after fully
considering the Mediation Request and being otherwise advised in the premises, hereby,
ORDERS the Mediation Request is GRANTED as follows:
1, The Court appoints Curtis L. Disque, Esquire, or his designee, (who shall be
either a former Judge or a qualified attorney/mediator), as the Court's Mediator to attempt to
achieve a settlement of this case.
2. A Mediation Conference shall be held at 1 o'clock P.M. on Monday, June 28,
2021, and shall continue until the Mediator terminates the Mediation Conference, in the
Conference Room at the offices of Treasure Coast Legal, 100 SW Albany Avenue, Suite 310
Stuart, FL 34994.
THE GENERAL RULES GOVERNING SAID MEDIATION CONFERENCE
SHALL BE AS FOLLOWS:
A. THE PERSONAL APPEARANCE OF COUNSEL WHO WILL TRY
THE CASE AND THEIR CLIENTS (A MANAGEMENT REPRESENTATIVE IF A
CORPORATE PARTY) WITH FULL AUTHORITY TO ENTER INTO A FULL AND
COMPLETE COMPROMISE AND SETTLEMENT IS MANDATORY. AN INSURED
PARTY MUST HAVE A FULLY AUTHORIZED REPRESENTATIVE, NOT JUST THE
ATTORNEY FOR THE INSURANCE COMPANY ATTEND THE MEDIATION
CONFERENCE ALONG WITH THE CLIENT(S). THE INSURANCE REPRESENTATIVE
MUST HAVE WRITTEN AUTHORITY TO SETTLE THE CASE UP TO THE POLICY
LIMITS, AND MUST PRESENT THE AUTHORITY TO THE MEDIATOR AT THE
BEGINNING OF THE MEDIATION SESSION.
B. THE COURT WILL IMPOSE SANCTIONS FOR ALL PARTIES THAT
DO NOT PERSONALLY ATTEND THE CONFERENCE. THE PARTICIPANTS MUST BEPREPARED TO SPEND AS MUCH TIME AS IS NECESSARY TO SETTLE THE CASE OR
UNTIL AN IMPASSE IS DECLARED BY THE MEDIATOR.
Cc. THE PARTIES MAY PRESENT A BRIEF WRITTEN SUMMARY OF
THE FACTS AND ISSUES TO THE MEDIATOR FIVE (5) DAYS BEFORE THE
CONFERENCE.
Dz. ALL DISCUSSIONS, REPRESENTATIONS AND STATEMENTS
MADE AT THE MEDIATION CONFERENCE ARE PRIVILEGED AS SETTLEMENT
NEGOTIATIONS.
E. UNLESS AGREED OTHERWISE BY THE PARTIES, THE
MEDIATOR MUST BE COMPENSATED EQUALLY THE PARTIES.
4. Plaintiff's attorney is hereby appointed as lead attorney to work with the Mediator
and to coordinate the Mediation Conference. In the event it becomes impossible for an attorney
to attend the scheduled conference, coordination for rescheduling may be done through the lead
attorney to the Mediator.
The Mediator shall be compensated at the rate of $250.00 per hour which cost
ehall be borne by the parties equally.
6. The Mediator may be corresponded with at 204 Turtle Creek Drive, Tequesta, FL
33469 cldisque@yahoo.com (772)201-4525.
DONE and ORDERED in Chambers at Fort Pierce, St. Lucie County, Florida, this 16th
day of June, 2021. i
aah fos toe
IZABETH A. METZGER,
Circuit Cor Judge
Copies furnished via the e-filing portal to:
Robert J. Gorman, Esquire courtdocs@rigpa.com
Atty for Plaintiffs
(
Shaun T. Plymale, Esquire & | SPlymale@TreasureCoastLegal.com
Gerald F. Herrmann, Esquire | GHerrmann@treasurecoastliegal.com
Atty for Defendants Ewatson@TreasureCoastLegal.com
( Litigation@TreasureCoastLegal.com
Curtis |. Disque, Esquire cldisque@yahoo.com
Mediator
Document Filed Date
June 16, 2021
Case Filing Date
April 19, 2021
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Filing # 128903635 E-Filed 06/16/2021 04:43:20 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA MELVIN T. FOLBRECHT, JR., and FIRE CASE NO. 56-2021-CA-0722 DESIGN BY MEL, LLC fi/k/a FIRE EQUIPMENT SERVICES OF ST. LUCIE INC., Plaintiffs, v. FIRE EQUIPMENT SERVICES OF FLORIDA, INC., and CAROL EGERS, Defendants. / ORDER APPOINTING MEDIATOR AND SCHEDULING MEDIATION THIS MATTER came before the court on the parties agreed upon request for the court to appoint a mediator and schedule a mediation (the “Mediation Request”). The court, after fully considering the Mediation Request and being otherwise advised in the premises, hereby, ORDERS the Mediation Request is GRANTED as follows: 1, The Court appoints Curtis L. Disque, Esquire, or his designee, (who shall be either a former Judge or a qualified attorney/mediator), as the Court's Mediator to attempt to achieve a settlement of this case. 2. A Mediation Conference shall be held at 1 o'clock P.M. on Monday, June 28, 2021, and shall continue until the Mediator terminates the Mediation Conference, in the Conference Room at the offices of Treasure Coast Legal, 100 SW Albany Avenue, Suite 310 Stuart, FL 34994. THE GENERAL RULES GOVERNING SAID MEDIATION CONFERENCE SHALL BE AS FOLLOWS: A. THE PERSONAL APPEARANCE OF COUNSEL WHO WILL TRY THE CASE AND THEIR CLIENTS (A MANAGEMENT REPRESENTATIVE IF A CORPORATE PARTY) WITH FULL AUTHORITY TO ENTER INTO A FULL AND COMPLETE COMPROMISE AND SETTLEMENT IS MANDATORY. AN INSURED PARTY MUST HAVE A FULLY AUTHORIZED REPRESENTATIVE, NOT JUST THE ATTORNEY FOR THE INSURANCE COMPANY ATTEND THE MEDIATION CONFERENCE ALONG WITH THE CLIENT(S). THE INSURANCE REPRESENTATIVE MUST HAVE WRITTEN AUTHORITY TO SETTLE THE CASE UP TO THE POLICY LIMITS, AND MUST PRESENT THE AUTHORITY TO THE MEDIATOR AT THE BEGINNING OF THE MEDIATION SESSION. B. THE COURT WILL IMPOSE SANCTIONS FOR ALL PARTIES THAT DO NOT PERSONALLY ATTEND THE CONFERENCE. THE PARTICIPANTS MUST BEPREPARED TO SPEND AS MUCH TIME AS IS NECESSARY TO SETTLE THE CASE OR UNTIL AN IMPASSE IS DECLARED BY THE MEDIATOR. Cc. THE PARTIES MAY PRESENT A BRIEF WRITTEN SUMMARY OF THE FACTS AND ISSUES TO THE MEDIATOR FIVE (5) DAYS BEFORE THE CONFERENCE. Dz. ALL DISCUSSIONS, REPRESENTATIONS AND STATEMENTS MADE AT THE MEDIATION CONFERENCE ARE PRIVILEGED AS SETTLEMENT NEGOTIATIONS. E. UNLESS AGREED OTHERWISE BY THE PARTIES, THE MEDIATOR MUST BE COMPENSATED EQUALLY THE PARTIES. 4. Plaintiff's attorney is hereby appointed as lead attorney to work with the Mediator and to coordinate the Mediation Conference. In the event it becomes impossible for an attorney to attend the scheduled conference, coordination for rescheduling may be done through the lead attorney to the Mediator. The Mediator shall be compensated at the rate of $250.00 per hour which cost ehall be borne by the parties equally. 6. The Mediator may be corresponded with at 204 Turtle Creek Drive, Tequesta, FL 33469 cldisque@yahoo.com (772)201-4525. DONE and ORDERED in Chambers at Fort Pierce, St. Lucie County, Florida, this 16th day of June, 2021. i aah fos toe IZABETH A. METZGER, Circuit Cor Judge Copies furnished via the e-filing portal to: Robert J. Gorman, Esquire courtdocs@rigpa.com Atty for Plaintiffs ( Shaun T. Plymale, Esquire & | SPlymale@TreasureCoastLegal.com Gerald F. Herrmann, Esquire | GHerrmann@treasurecoastliegal.com Atty for Defendants Ewatson@TreasureCoastLegal.com ( Litigation@TreasureCoastLegal.com Curtis |. Disque, Esquire cldisque@yahoo.com Mediator