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Filing # 132404113 E-Filed 08/10/2021 04:18:46 PM
1202.41114
IN THE CIRCUIT COURT OF THE
15" JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO: 50 2021 CA 007567 XXXXMB
HVC & NC LIMITED PARTNERSHIP,
Plaintiff,
Vs.
VINTAGE & SPECIALTY WOOD LLC,
f/k/a WOOD SALES BY HARRY, INC.,
and HARRY RAYMOND,
Defendants.
/
DEFENDANT, HARRY RAYMOND’S MOTION TO DISMISS
COMES NOW, the Defendant, HARRY RAYMOND, by and through his undersioned
attorneys and pursuant to the Florida Rules of Civil Procedure and Florida law and files this
Motion to Dismiss directed to the Plaintiffs Complaint and in support thereof states as follows:
1. On June 17, 2021 the Plaintiff, HVC & NC LIMITED PARTNERSHIP filed a
four count Complaint against two party Defendants, VINTAGE & SPECIALTY WOOD LLC,
f/k/a WOOD SALES BY HARRY, INC., and this Defendant, HARRY RAYMOND.
2. Count I, Negligence and Count III, Breach of Contract are asserted against the
Co-Defendant, VINTAGE & SPECIALTY WOOD LLC, f/k/a WOOD SALES BY HARRY,
INC.
3. As to this Defendant, HARRY RAYMOND, the counts asserted are Count II,
Negligence and Count IV, Breach of Contract.
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED nNaMninnes NA.4a-Ae DNA
Pm. PAL DUA VUUINE TT, FL, JUOL IE mDnuecy, ULUIAN, Yoru. ut. 1utu oieHVC & NC LIMITED PARTNERSHIP v, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
4. As it pertains to the General Allegations, and specifically paragraph 7, it is
alleged that a commercial lease agreement existed by and between the respective party
Defendants. However, a copy of the lease agreement reportedly forming the basis as Exhibit
“A” was not attached to the Complaint, served on this Defendant.
5. That as it pertains to paragraph 8 of the Plaintiffs Complaint it alleges that the
lease agreement was renewed through October 12, 2018. However, no documents have been
attached, as exhibits to the Complaint, to form the basis of said allegations.
6. That as one considers the General Allegations to the Complaint, the alleged
existing underlying commercial lease agreement forms the basis for the claims being asserted
against the respective party Defendants. However, a copy of the agreement has not been
attached to the Complaint served on this Defendant, and the conclusionary statements within
paragraph 8 cannot form the basis of a valid breach of contract claim in favor of the Plaintiff, and
against this Defendant.
7. That the allegations contained within the General Allegations portion of the
Complaint essentially “lump together” claims against both party Defendants. Such form of
pleading is inconsistent and is contrary to the Florida Rules of Civil Procedure and Florida law.
8. That as it pertains io ihe allegations contamed With paragraph 23, ine Plaimtit nas
failed to identify the conditions precedent that allegedly occurred, were performed or waived.
As such, this Defendant is unable to address those allegations as asserted.
9. That as it pertains to the allegations contained within Count II, Negligence, the
allegations taken as a whole, be it within the General Allegations, and the allegations contained
Page 2 of 4HVC & NC LIMITED PARTNERSHIP v, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
within Count II do not set forth a valid cause of action sounding in negligence. In fact, the
allegations, based upon a plain reading, do not establish any alleged action of this Defendant
which forms the basis of a breach by this Defendant or an element of proximate cause. The mere
act of plugging a battery charger into an extension cord, and/or keeping rags in some location
where a fire might occur do not form the basis for a breach of any duty nor the elements of
proximate cause as to the alleged underlying fire. A mere conclusionary statement of an alleged
breach, and proximate cause, per the allegations in paragraph 32 do not sufficiently set forth the
requisite pleading of ultimate facts as required under Florida law.
10. That as it pertains to Count IV, Breach of Contract, the Complaint as filed fails to
attach a valid contractual agreement between the Plaintiff, and this Defendant whereby such
agreement could form the basis of a breach of contract claim against this Defendant.
ll. As it pertains to the “Wherefore” clauses of Counts II and IV the Plaintiff has
asserted, on a general and vague basis damages in categories of consequential and incidental
damages yet has failed to allege with specificity and particularity the damages claimed.
WHEREFORE, this Defendant, HARRY RAYMOND, respectfully requests this Court
enter an order granting his Motion to Dismiss and/or as this Court deems just and proper
respecitully requesis ihe eniry of an order requirmg ine Fiamitiit io provide a more aetmite
statement as to the claims asserted, or for such additional relief as this Court deems just and
proper.
CERTIFICATE OF SERVICE
Page 3 of 4HVC & NC LIMITED PARTNERSHIP v, VINTAGE, et al
CASE NO: 50 2021 CA 007567 XXXXMB
I certify that the foregoing document has been furnished through the e-portal and/or by e-
mail on this 10" day of August 2021 to all counsel of record.
s/MARK R. ANTONELLI
Florida Bar No: 356948
mantonelli@gaebemullen.com
cgreer@gaebemullen.com
ymarrero@gaebemullen.com
lbeggs@gaebemullen.com
Attorneys for Defendants, VINTAGE &
SPECIALTY WOOD LLC f/k/a WOOD SALES
BY HARRY, INC., & HARRY RAYMOND
GAEBE, MULLEN, ANTONELLI & DIMATTEO
420 South Dixie Highway, Third Floor
Coral Gables, Florida 33146
Tel: 305-667-0223
Fax: 305-284-9844
Page 4 of 4
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Filing # 132404113 E-Filed 08/10/2021 04:18:46 PM 1202.41114 IN THE CIRCUIT COURT OF THE 15" JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 50 2021 CA 007567 XXXXMB HVC & NC LIMITED PARTNERSHIP, Plaintiff, Vs. VINTAGE & SPECIALTY WOOD LLC, f/k/a WOOD SALES BY HARRY, INC., and HARRY RAYMOND, Defendants. / DEFENDANT, HARRY RAYMOND’S MOTION TO DISMISS COMES NOW, the Defendant, HARRY RAYMOND, by and through his undersioned attorneys and pursuant to the Florida Rules of Civil Procedure and Florida law and files this Motion to Dismiss directed to the Plaintiffs Complaint and in support thereof states as follows: 1. On June 17, 2021 the Plaintiff, HVC & NC LIMITED PARTNERSHIP filed a four count Complaint against two party Defendants, VINTAGE & SPECIALTY WOOD LLC, f/k/a WOOD SALES BY HARRY, INC., and this Defendant, HARRY RAYMOND. 2. Count I, Negligence and Count III, Breach of Contract are asserted against the Co-Defendant, VINTAGE & SPECIALTY WOOD LLC, f/k/a WOOD SALES BY HARRY, INC. 3. As to this Defendant, HARRY RAYMOND, the counts asserted are Count II, Negligence and Count IV, Breach of Contract. CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED nNaMninnes NA.4a-Ae DNA Pm. PAL DUA VUUINE TT, FL, JUOL IE mDnuecy, ULUIAN, Yoru. ut. 1utu oieHVC & NC LIMITED PARTNERSHIP v, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB 4. As it pertains to the General Allegations, and specifically paragraph 7, it is alleged that a commercial lease agreement existed by and between the respective party Defendants. However, a copy of the lease agreement reportedly forming the basis as Exhibit “A” was not attached to the Complaint, served on this Defendant. 5. That as it pertains to paragraph 8 of the Plaintiffs Complaint it alleges that the lease agreement was renewed through October 12, 2018. However, no documents have been attached, as exhibits to the Complaint, to form the basis of said allegations. 6. That as one considers the General Allegations to the Complaint, the alleged existing underlying commercial lease agreement forms the basis for the claims being asserted against the respective party Defendants. However, a copy of the agreement has not been attached to the Complaint served on this Defendant, and the conclusionary statements within paragraph 8 cannot form the basis of a valid breach of contract claim in favor of the Plaintiff, and against this Defendant. 7. That the allegations contained within the General Allegations portion of the Complaint essentially “lump together” claims against both party Defendants. Such form of pleading is inconsistent and is contrary to the Florida Rules of Civil Procedure and Florida law. 8. That as it pertains io ihe allegations contamed With paragraph 23, ine Plaimtit nas failed to identify the conditions precedent that allegedly occurred, were performed or waived. As such, this Defendant is unable to address those allegations as asserted. 9. That as it pertains to the allegations contained within Count II, Negligence, the allegations taken as a whole, be it within the General Allegations, and the allegations contained Page 2 of 4HVC & NC LIMITED PARTNERSHIP v, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB within Count II do not set forth a valid cause of action sounding in negligence. In fact, the allegations, based upon a plain reading, do not establish any alleged action of this Defendant which forms the basis of a breach by this Defendant or an element of proximate cause. The mere act of plugging a battery charger into an extension cord, and/or keeping rags in some location where a fire might occur do not form the basis for a breach of any duty nor the elements of proximate cause as to the alleged underlying fire. A mere conclusionary statement of an alleged breach, and proximate cause, per the allegations in paragraph 32 do not sufficiently set forth the requisite pleading of ultimate facts as required under Florida law. 10. That as it pertains to Count IV, Breach of Contract, the Complaint as filed fails to attach a valid contractual agreement between the Plaintiff, and this Defendant whereby such agreement could form the basis of a breach of contract claim against this Defendant. ll. As it pertains to the “Wherefore” clauses of Counts II and IV the Plaintiff has asserted, on a general and vague basis damages in categories of consequential and incidental damages yet has failed to allege with specificity and particularity the damages claimed. WHEREFORE, this Defendant, HARRY RAYMOND, respectfully requests this Court enter an order granting his Motion to Dismiss and/or as this Court deems just and proper respecitully requesis ihe eniry of an order requirmg ine Fiamitiit io provide a more aetmite statement as to the claims asserted, or for such additional relief as this Court deems just and proper. CERTIFICATE OF SERVICE Page 3 of 4HVC & NC LIMITED PARTNERSHIP v, VINTAGE, et al CASE NO: 50 2021 CA 007567 XXXXMB I certify that the foregoing document has been furnished through the e-portal and/or by e- mail on this 10" day of August 2021 to all counsel of record. s/MARK R. ANTONELLI Florida Bar No: 356948 mantonelli@gaebemullen.com cgreer@gaebemullen.com ymarrero@gaebemullen.com lbeggs@gaebemullen.com Attorneys for Defendants, VINTAGE & SPECIALTY WOOD LLC f/k/a WOOD SALES BY HARRY, INC., & HARRY RAYMOND GAEBE, MULLEN, ANTONELLI & DIMATTEO 420 South Dixie Highway, Third Floor Coral Gables, Florida 33146 Tel: 305-667-0223 Fax: 305-284-9844 Page 4 of 4