On October 09, 2019 a
Motion - TO STRIKE or FOR RELIEFParty: Plaintiff Amaya, Jimmy Plaintiff Ramos, Amelis
was filed
involving a dispute between
Amaya, Jimmy,
Ramos, Amelis,
and
Citizens Property Insurance Corporation,
for Contract and Indebtedness
in the District Court of Broward County.
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Filing # 101539837 E-Filed 01/13/2020 12:23:43 PM
IN THE CIRCUIT COURT OF THE
JIMMY AMAYA & AMELIS RAMOS, 17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
Plaintiffs, FLORIDA
v. CASE NO: CACE-19-021027
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
PLAINTIFFS’ MOTION TO STRIKE or FOR RELIEF | re: Order on
Defendant’s Motion for Entry Upon Land
COME NOW, the Plaintiffs, Jimmy Amaya and Amelis Ramos, by and
through the undersigned Counsel, and file this, their Motion to Strike or, alter-
natively, their Motion for Relief, regarding Defendant, Citizens Property
Insurance Corporation’s (“Citizens”), Order on its Motion for Entry Upon
Land; in support thereof, the Plaintiffs state as follows:
1. This is a first-party action for recovery of insurance proceeds stem-
ming from damage to a residence insured by Citizens.
2. Citizens seeks a re-inspection of the insured property.
3. The Plaintiffs agree to allow access to their home so that Citizens
can re-inspect! the property.
4. However, Citizens insists that the inspection to go forward within 45
' Citizens already inspected the home during the claims process.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/13/2020 12:23:43 PM.****days. Citizens made no mention of the 45-day limit in its Motion for
Entry Upon Land.
5. The Plaintiffs, and the Undersigned, may require additional time to
arrange the re-inspection. As such, the Plaintiffs request 75 days to
complete the inspection.
6. On January 10, 2020, Citizens submitted a proposed Order requiring
the inspection to occur within 45 days to the Court for signature.
7. The Order is of agreed in its present form. ‘The Plaintiffs are amena-
ble to an Order allowing 75 days to complete the inspection.
8. Insofar as the “45-day Order” has, or is, going to be entered by the
Court, the Plaintiffs move to strike the Order or move for relief from
the Order.
9. This Motion is being made in good faith and not for purposes of
delay.
WHEREFORE, the Plaintiffs, Jimmy Amaya and Amelis Ramos, respect-
fully request that the Court grant the relief sought herein as well as all further
relief deemed just and proper.
CERTIFICATE OF SERVICE
Page | 2WE HEREBY CERTIFY that on January 13, 2020 the original docu-
ment has been filed with the Clerk of the Court via the Florida Courts’ E-filing
Portal and that a true and correct copy was served via Electronic-Mail to:
Allegra Knopf, Esq.
ALLEN & NEWMAN, PLLC
Post Office Box 5483
Fort Lauderdale, Florida 33310
Email: aknopf@allenandnewman.com; and
mperez@allenandnewman.com
AE
DANIEL CRUZ, Esquire
FBN: 31023
‘THE DIENER FIRM, P.A.
8751 W. Broward Boulevard
Suite 404
Plantation, FL 33324
Telephone: (954) 541-2117
Facsimile: (954) 541-2195
Service:
service@dienerfirm.com
daniel@dienerfirm.com
alissa@dienerfirm.com
Page | 3
Document Filed Date
January 13, 2020
Case Filing Date
October 09, 2019
Category
Contract and Indebtedness
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Filing # 101539837 E-Filed 01/13/2020 12:23:43 PM IN THE CIRCUIT COURT OF THE JIMMY AMAYA & AMELIS RAMOS, 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, Plaintiffs, FLORIDA v. CASE NO: CACE-19-021027 CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. PLAINTIFFS’ MOTION TO STRIKE or FOR RELIEF | re: Order on Defendant’s Motion for Entry Upon Land COME NOW, the Plaintiffs, Jimmy Amaya and Amelis Ramos, by and through the undersigned Counsel, and file this, their Motion to Strike or, alter- natively, their Motion for Relief, regarding Defendant, Citizens Property Insurance Corporation’s (“Citizens”), Order on its Motion for Entry Upon Land; in support thereof, the Plaintiffs state as follows: 1. This is a first-party action for recovery of insurance proceeds stem- ming from damage to a residence insured by Citizens. 2. Citizens seeks a re-inspection of the insured property. 3. The Plaintiffs agree to allow access to their home so that Citizens can re-inspect! the property. 4. However, Citizens insists that the inspection to go forward within 45 ' Citizens already inspected the home during the claims process. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/13/2020 12:23:43 PM.****days. Citizens made no mention of the 45-day limit in its Motion for Entry Upon Land. 5. The Plaintiffs, and the Undersigned, may require additional time to arrange the re-inspection. As such, the Plaintiffs request 75 days to complete the inspection. 6. On January 10, 2020, Citizens submitted a proposed Order requiring the inspection to occur within 45 days to the Court for signature. 7. The Order is of agreed in its present form. ‘The Plaintiffs are amena- ble to an Order allowing 75 days to complete the inspection. 8. Insofar as the “45-day Order” has, or is, going to be entered by the Court, the Plaintiffs move to strike the Order or move for relief from the Order. 9. This Motion is being made in good faith and not for purposes of delay. WHEREFORE, the Plaintiffs, Jimmy Amaya and Amelis Ramos, respect- fully request that the Court grant the relief sought herein as well as all further relief deemed just and proper. CERTIFICATE OF SERVICE Page | 2WE HEREBY CERTIFY that on January 13, 2020 the original docu- ment has been filed with the Clerk of the Court via the Florida Courts’ E-filing Portal and that a true and correct copy was served via Electronic-Mail to: Allegra Knopf, Esq. ALLEN & NEWMAN, PLLC Post Office Box 5483 Fort Lauderdale, Florida 33310 Email: aknopf@allenandnewman.com; and mperez@allenandnewman.com AE DANIEL CRUZ, Esquire FBN: 31023 ‘THE DIENER FIRM, P.A. 8751 W. Broward Boulevard Suite 404 Plantation, FL 33324 Telephone: (954) 541-2117 Facsimile: (954) 541-2195 Service: service@dienerfirm.com daniel@dienerfirm.com alissa@dienerfirm.com Page | 3