Preview
Filing# 144551856 E-Filed 02/24/2022 02:06:20 PM
INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-008854
DIVISION: 21
THERMOSET ROOFING CORP.,
Plaintiff.
V
TURN TWO ELECTRIC INC.,
a Florida corporation,and
LASHAWN LATTIBEAUDIERE,
an individual,
Defendants.
i
DEFENDANT'S MOTION FOR THE COURT TO RULE ON
PLAINTIFF'S OBJECTION TO NOTICE OF PRODUCTION TO
NON-PARTY METAL EDGE TECHNOLOGY, INC.
Defendant, Turn Two Electric,Inc., pursuant to Florida Rule of Civil Procedure 1.351,
hereby files this Motion requestingthis Court to rule on Plaintiffs Objection to Defendant's
which was filed on February 11, 2022,
Notice of Production from Non-Party (the"Objection"),
Thermoset Roofing Corp. In support thereof,Defendant
by Plaintiff, states as follows:
PROCEDURAL BACKGROUND
1. This is an action concerning issues arisingout of the Standard American Institute
of Architects (AIA) A401-2017 Form of Agreement (the"Agreement") entered into on or about
September 8,2020, by the Plaintiff and Defendant. See 9/1/2021 Counterclaim 7 10. Under the
terms of the Agreement, Defendant was to provide electrical services at Plaintiffs new
headquarters,which is located at 500 NW 12th Avenue, Pompano Beach, Florida 33069 (the
See
"Property"). id.
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/24/2022 02:06:20 PM.****
2. During the Project,Thermoset and Turn Two Electric had several disagreements
on how to proceed with the electrical work. S= id. 7 12. In fact,Turn Two Electric believed
several of Thermoset's requests and demands were inconsistent with state law and local
See
regulations. id.
3 On January 22, 2021, Thermoset informed Turn Two Electric to leave the Job site
and not to return until the issues were resolved by the parties.
See id. 7 15.
4. On January 29, 2021, Thermoset's legalcounsel issued a Notice of Default and
Termination to Defendant's president concerning Turn Two Electric's performance on the
Project.See id. 7 16.
5. On May 3, 2021, Thermoset filed the Complaint for Damages (the "Complaint")
with the Circuit Court, Seventeenth Judicial Circuit,in and for Broward County, Florida. The
Complaint comprises three counts: breach of contract (Count I); fraud in the inducement
(assertedagainstTurn Two Electric)(Count ID; and fraud in the inducement (assertedagainst
Mr. Lattibeaudiere) See
(Count III). id. 7 24.
6. On May 12, 2021, Turn Two Electric filed a Motion to Compel Mediation with
the Court. See id. 7 25. The partiessubsequentlyattempted to mediate the issues. See id. 1126.
The partieswere unable to reach a resolution. See id.
7. On September 1, 2021, Defendant filed its Answer, Affirmative Defenses and
Counterclaim.
8 On October 4, 2021, Plaintiff filed its Answer and Affirmative Defenses to
Defendant's Counterclaim.
2
9- On February 4,2022, Defendant filed the Notice of Production from Non-Party:
Metal Edge Technology, Inc. (the "Notice").See Exhibit A. Metal Edge is a subsidiaryof the
Plaintiff. See 5/3/2021 Complaint t 16.
10. On February 11, 2022, Plaintiff filed the Objection.
STANDARD OF REVIEW
11. This Court possesses the authorityto rule on a party'sobjectionto the issuance of
Florida Rule of Civil Procedure 1.351(d) states: "If an
a non-party subpoena. Specifically,
objection is made by a party under subdivision (b),the party desiringproduction may file a
motion with the court seeking a rulingon the objectionor may proceed pursuant to rule 1.310."
See Lyons v. Lyons, 162 So. 3d 212, 215 (Fla.4th DCA 2015) ("Thus,under the amended rule,
an objectiondid not automaticallytriggera depositionpursuant to Rule 1.310. Instead,the court
could rule on the objection.").
ARGUMENT
12. Plaintiff objected to Defendant serving the non-party subpoena to Metal Edge
Technology, Inc. ("MetalEdge"), but failed to articulate a reason or basis in the Objection.
13. The proposed subpoena to Metal Edge sought the followinginformation:
a. Documents and communications relating to the occupational
license,business license,certificate or government authorization for Metal
Edge to engage in business operations at the Property during the 2021
calendar year.
b. Documents and communications identifyingthe date that Metal Edge
began conducting business operationsat the Property.
3
C Documents and communications listingMetal Edge's business income
during the 2018, 2019, 2020 and 2021 calendar years.
d. Documents and communications identifying Metal Edge employees,
agents and representatives
that worked at the Property during the 2021
calendar year.
14. The proposed subpoena is relevant because Plaintiff in the Complaint alleged:"As
a direct and proximate result of Turn Two's actions and breaches as set forth above, Theimoset
has been damaged, which damages include, but are not limited to the costs of correctingand
completing Turn Two's work at a cost exceeding the Contract balance, the additional costs of
obtainingmiscellaneous metals in connection with its roofingbusiness from an alternate source
due to the inabilityof its subsidiarycompany, Metal Edge Technology, Inc. ("Metal Edge") to
conduct any business at the subjectproperty ..." 5/3/2021 Complaint t 16.
15. Thus, Defendant's proposed inquiryinto Metal Edge is reasonably calculated to
lead to the discovery of admissible evidence. In fact,Florida law permits a party in litigation
against a parent company to seek records of the company's wholly-owned subsidiary.See
generallyAmerican Honda Motor Co. v. Votour, 435 So. 2d 368, 369 (Fla.4th DCA 1983)
(permittinga party to seek from a parent corporationrecords of its wholly owned subsidiary).
4
CONCLUSION
16. For the reasons stated above, Defendant, Turn Two Electric,Inc., pursuant to
Florida Rule of Civil Procedure 1.351, hereby requests this Court to rule on Plaintiffs Objection
to Defendant's Notice of Production from Non-Party, which was filed on February 11, 2022, by
Thermoset Roofing Corp, and permit Defendant to request the issuance of a Subpoena
Plaintiff,
to non-party Metal Edge Technology, Inc.
Dated: February 24,2022. Respectfullysubmitted,
s/ Michael L. Buckner
Michael L. Buckner, Esquire
Florida Bar No. 106331
BUCKNER LEGAL SELF-HELP PROGRAM, INC.
Email: michaelbuckneilaw@gmail-com
5224 NW
96th Drive
Coral Springs,Florida 33076-2487
Office: +1-954-347-0112
Facsimile: +1-954-513-4796
Attorneyfor the Defendants,
Turn Two Electric Inc., and LaShawn
Lattibeaudiere
5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
and was sent by e-mail from the Florida Courts' E-Filing Portal system, unless
electronically
otherwise noted below, on all counsel or partiesofrecord listed below, on February 24,2022:
Gary L. Brown, Esquire
Email. gbrown@kelleykronenberg.corn
John M. Dejager,Esquire
Email. jdejager@kelleykronenberg.corn
Kelley Kronenberg, PA
10360 West State Road 84
Fort Lauderdale, Florida 33324
Attorneysfor the Plaintiff/Counter-Defendant,
Thermoset Roofing Corp.
s/ Michael L. Buckner
Michael L. Buckner, Esquire
6
EXHIB A
Filing# 143319364 E-Filed 02/04/2022 01:15:31 PM
IN THE CIRCUITCOURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-008854
DIVISION: 21
THERMOSET ROOFING CORP.,
Plaintiff,
V
TURN TWO ELECTRIC INC.,
a Florida corporation,and
LASHAWN LATTIBEAUDIERE,
an individual,
Defendants.
i
PRODUCTION FROM
PLAINTIFF'S NOTICE OF
NON-PARTY: METAL EDGE TECHNOLOGY, INC.
YOU ARE NOTIFIED that,pursuant to Florida Rule of Civil Procedure 1.351, after 15
days from the date of service of this Notice, the undersigned will apply to the Clerk of this Court
for issuance of the attached subpoena directed to Metal Edge Technology, Inc., who is not a
party, to produce the items listed at the time and place specifiedin the subpoena. Objections to
the issuance of this subpoena must be filed with the Clerk of the Circuit Court within 10 days of
the date of this Notice.
1
Dated: February 4,2022. Respectfullysubmitted,
s/ Michael L. Buckner
Michael L. Buckner, Esquire
Florida BarNo. 106331
BUCKNER LEGAL SELF-HELP PROGRAM, INC.
Email: michaelbuckneilaw@gmail-com
5224 NW 96th Drive
Coral Springs,Florida 33076-2487
Office: +1-954-347-0112
Facsimile: +1-954-513-4796
Attorneyfor the Defendants,
Turn Two Electric Inc., and
Lathawn Lattibeaudiere
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
and was sent by e-mail from the Florida Courts' E-Filing Portal system, unless
electronically
otherwise noted below, on all counsel or partiesof record listed below, on February 4,2022:
Gary L. Brown, Esquire
Email. gbrown@kelleykronenberg.com
John M. Dejager,Esquire
Email. jdejager@kelleykronenberg.com
Kelley Kronenberg, PA
10360 West State Road 84
Fort Lauderdale, Florida 33324
Attorneysfor the Plaintiff/Counter-Defendant,
Thermoset Roofing Corp.
s/ Michael L. Buckner
Michael L. Buckner, Esquire
2
IN THE CIRCUITCOURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-008854
DIVISION: 21
THERMOSET ROOFING CORP.,
Plaintiff,
V
TURN TWO ELECTRIC INC.,
a Florida corporation,and
LASHAWN LATTIBEAUDIERE,
an individual,
Defendants.
i
DEFENDANTS' SUBPOENA FOR PRODUCTION OF
DOCUMENTS FROM NONPARTY:
METAL EDGE TECHNOLOGY, INC.
THE STATE OF FLORIDA
TO: Metal Edge Technology, Inc., c/o Adam Honig, Registered Agent, 2148 NW 17th Street,
Pompano Beach, Florida 33069
YOU MUST go to Buckner Legal Self-HelpProgram, Inc.,5224 NW 96th Drive Coral Springs,
Florida 33076-2487, on Tuesday, March 15,2022, at 10:00 a.m. and bring with you at that time
and place the following:
1. Documents and communications relatingto the occupationallicense,business license,
certificate or government authorization for Metal Edge Technology, Inc. ("Metal Edge")
to engage in business operations at 500 NW 12th Avenue, Pompano Beach, Florida
33069 (the"Property")during the 2021 calendar year.
2. Documents and communications identifying
the date that Metal Edge began conducting
business operationsat the Property.
3 Documents and communications listingMetal Edge's business income during the 2018,
2019. 2020 and 2021 calendar years.
4. Documents and communications identifying Metal Edge employees, agents and
that worked at the Property during the 2021 calendar year.
representatives
1
These items will be inspectedand may be copied at that time. You will not have to leave the
items.
original
You may obey this subpoena by providing readable copies of the items to be produced to the
party or his/her attorney whose name appears on this subpoena on or before the scheduled date of
production.You may condition the preparationof the copies upon payment in advance of the
If you mail, e-mail or deliver the copies to the attorney whose
reasonable cost of preparation.
name appears on this subpoena before the date indicated above, you do not have to appear in
person.
You may be in contempt of court if you fail to: (1) appear as specified;(2) furnish the records
instead of appearingas provided above; or (3)objectto this subpoena.
You can only be excused by the person whose name appears on this subpoena and, unless
excused by that person of the Court, you shall respond as directed.
who needs any accommodation in order to participate
If you are a person with a disability in this
proceeding,you are entitled,at no cost to you, to the provisionof certain assistance. Please
contact Diana Sobel, Room 20140, 201 S.E. Sixth Street,Fort Lauderdale, Florida 33301, 954-
831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving
this notification if the time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired,call 711.
Dated:
CLERK OF THE CIRCUIT COURT (SEAL)
By-
Deputy Clerk
2
ICERTIFY that I gave notice to every other party to this action of my intent to serve a subpoena
upon a person who is not a party to this action directingthat person to produce documents or
thingswithout deposition.I also certifythat no objectionunder Florida Rule of Civil Procedure
1.351 has been received by the undersigned within 10 days of service of this notice, if service
was by hand-deliveryor appropriatefacsimile transmission, and within 15 days if service was by
mail or e-mail.
Dated: Respectfullysubmitted,
s/ Michael L. Buckner
Michael L. Buckner, Esquire
Florida BarNo. 106331
BUCKNER LEGAL SELF-HELP PROGRAM, INC.
Email: michaelbuckneilaw@gmail-com
5224 NW 96th Drive
Coral Springs,Florida 33076-2487
Office: +1-954-347-0112
Facsimile: +1-954-513-4796
Attorneyfor the Defendants,
Turn Two Electric Inc., and
Lathawn Lattibeaudiere
3
Preview
Filing# 144551856 E-Filed 02/24/2022 02:06:20 PM INTHE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-008854 DIVISION: 21 THERMOSET ROOFING CORP., Plaintiff. V TURN TWO ELECTRIC INC., a Florida corporation,and LASHAWN LATTIBEAUDIERE, an individual, Defendants. i DEFENDANT'S MOTION FOR THE COURT TO RULE ON PLAINTIFF'S OBJECTION TO NOTICE OF PRODUCTION TO NON-PARTY METAL EDGE TECHNOLOGY, INC. Defendant, Turn Two Electric,Inc., pursuant to Florida Rule of Civil Procedure 1.351, hereby files this Motion requestingthis Court to rule on Plaintiffs Objection to Defendant's which was filed on February 11, 2022, Notice of Production from Non-Party (the"Objection"), Thermoset Roofing Corp. In support thereof,Defendant by Plaintiff, states as follows: PROCEDURAL BACKGROUND 1. This is an action concerning issues arisingout of the Standard American Institute of Architects (AIA) A401-2017 Form of Agreement (the"Agreement") entered into on or about September 8,2020, by the Plaintiff and Defendant. See 9/1/2021 Counterclaim 7 10. Under the terms of the Agreement, Defendant was to provide electrical services at Plaintiffs new headquarters,which is located at 500 NW 12th Avenue, Pompano Beach, Florida 33069 (the See "Property"). id. 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/24/2022 02:06:20 PM.**** 2. During the Project,Thermoset and Turn Two Electric had several disagreements on how to proceed with the electrical work. S= id. 7 12. In fact,Turn Two Electric believed several of Thermoset's requests and demands were inconsistent with state law and local See regulations. id. 3 On January 22, 2021, Thermoset informed Turn Two Electric to leave the Job site and not to return until the issues were resolved by the parties. See id. 7 15. 4. On January 29, 2021, Thermoset's legalcounsel issued a Notice of Default and Termination to Defendant's president concerning Turn Two Electric's performance on the Project.See id. 7 16. 5. On May 3, 2021, Thermoset filed the Complaint for Damages (the "Complaint") with the Circuit Court, Seventeenth Judicial Circuit,in and for Broward County, Florida. The Complaint comprises three counts: breach of contract (Count I); fraud in the inducement (assertedagainstTurn Two Electric)(Count ID; and fraud in the inducement (assertedagainst Mr. Lattibeaudiere) See (Count III). id. 7 24. 6. On May 12, 2021, Turn Two Electric filed a Motion to Compel Mediation with the Court. See id. 7 25. The partiessubsequentlyattempted to mediate the issues. See id. 1126. The partieswere unable to reach a resolution. See id. 7. On September 1, 2021, Defendant filed its Answer, Affirmative Defenses and Counterclaim. 8 On October 4, 2021, Plaintiff filed its Answer and Affirmative Defenses to Defendant's Counterclaim. 2 9- On February 4,2022, Defendant filed the Notice of Production from Non-Party: Metal Edge Technology, Inc. (the "Notice").See Exhibit A. Metal Edge is a subsidiaryof the Plaintiff. See 5/3/2021 Complaint t 16. 10. On February 11, 2022, Plaintiff filed the Objection. STANDARD OF REVIEW 11. This Court possesses the authorityto rule on a party'sobjectionto the issuance of Florida Rule of Civil Procedure 1.351(d) states: "If an a non-party subpoena. Specifically, objection is made by a party under subdivision (b),the party desiringproduction may file a motion with the court seeking a rulingon the objectionor may proceed pursuant to rule 1.310." See Lyons v. Lyons, 162 So. 3d 212, 215 (Fla.4th DCA 2015) ("Thus,under the amended rule, an objectiondid not automaticallytriggera depositionpursuant to Rule 1.310. Instead,the court could rule on the objection."). ARGUMENT 12. Plaintiff objected to Defendant serving the non-party subpoena to Metal Edge Technology, Inc. ("MetalEdge"), but failed to articulate a reason or basis in the Objection. 13. The proposed subpoena to Metal Edge sought the followinginformation: a. Documents and communications relating to the occupational license,business license,certificate or government authorization for Metal Edge to engage in business operations at the Property during the 2021 calendar year. b. Documents and communications identifyingthe date that Metal Edge began conducting business operationsat the Property. 3 C Documents and communications listingMetal Edge's business income during the 2018, 2019, 2020 and 2021 calendar years. d. Documents and communications identifying Metal Edge employees, agents and representatives that worked at the Property during the 2021 calendar year. 14. The proposed subpoena is relevant because Plaintiff in the Complaint alleged:"As a direct and proximate result of Turn Two's actions and breaches as set forth above, Theimoset has been damaged, which damages include, but are not limited to the costs of correctingand completing Turn Two's work at a cost exceeding the Contract balance, the additional costs of obtainingmiscellaneous metals in connection with its roofingbusiness from an alternate source due to the inabilityof its subsidiarycompany, Metal Edge Technology, Inc. ("Metal Edge") to conduct any business at the subjectproperty ..." 5/3/2021 Complaint t 16. 15. Thus, Defendant's proposed inquiryinto Metal Edge is reasonably calculated to lead to the discovery of admissible evidence. In fact,Florida law permits a party in litigation against a parent company to seek records of the company's wholly-owned subsidiary.See generallyAmerican Honda Motor Co. v. Votour, 435 So. 2d 368, 369 (Fla.4th DCA 1983) (permittinga party to seek from a parent corporationrecords of its wholly owned subsidiary). 4 CONCLUSION 16. For the reasons stated above, Defendant, Turn Two Electric,Inc., pursuant to Florida Rule of Civil Procedure 1.351, hereby requests this Court to rule on Plaintiffs Objection to Defendant's Notice of Production from Non-Party, which was filed on February 11, 2022, by Thermoset Roofing Corp, and permit Defendant to request the issuance of a Subpoena Plaintiff, to non-party Metal Edge Technology, Inc. Dated: February 24,2022. Respectfullysubmitted, s/ Michael L. Buckner Michael L. Buckner, Esquire Florida Bar No. 106331 BUCKNER LEGAL SELF-HELP PROGRAM, INC. Email: michaelbuckneilaw@gmail-com 5224 NW 96th Drive Coral Springs,Florida 33076-2487 Office: +1-954-347-0112 Facsimile: +1-954-513-4796 Attorneyfor the Defendants, Turn Two Electric Inc., and LaShawn Lattibeaudiere 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed and was sent by e-mail from the Florida Courts' E-Filing Portal system, unless electronically otherwise noted below, on all counsel or partiesofrecord listed below, on February 24,2022: Gary L. Brown, Esquire Email. gbrown@kelleykronenberg.corn John M. Dejager,Esquire Email. jdejager@kelleykronenberg.corn Kelley Kronenberg, PA 10360 West State Road 84 Fort Lauderdale, Florida 33324 Attorneysfor the Plaintiff/Counter-Defendant, Thermoset Roofing Corp. s/ Michael L. Buckner Michael L. Buckner, Esquire 6 EXHIB A Filing# 143319364 E-Filed 02/04/2022 01:15:31 PM IN THE CIRCUITCOURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-008854 DIVISION: 21 THERMOSET ROOFING CORP., Plaintiff, V TURN TWO ELECTRIC INC., a Florida corporation,and LASHAWN LATTIBEAUDIERE, an individual, Defendants. i PRODUCTION FROM PLAINTIFF'S NOTICE OF NON-PARTY: METAL EDGE TECHNOLOGY, INC. YOU ARE NOTIFIED that,pursuant to Florida Rule of Civil Procedure 1.351, after 15 days from the date of service of this Notice, the undersigned will apply to the Clerk of this Court for issuance of the attached subpoena directed to Metal Edge Technology, Inc., who is not a party, to produce the items listed at the time and place specifiedin the subpoena. Objections to the issuance of this subpoena must be filed with the Clerk of the Circuit Court within 10 days of the date of this Notice. 1 Dated: February 4,2022. Respectfullysubmitted, s/ Michael L. Buckner Michael L. Buckner, Esquire Florida BarNo. 106331 BUCKNER LEGAL SELF-HELP PROGRAM, INC. Email: michaelbuckneilaw@gmail-com 5224 NW 96th Drive Coral Springs,Florida 33076-2487 Office: +1-954-347-0112 Facsimile: +1-954-513-4796 Attorneyfor the Defendants, Turn Two Electric Inc., and Lathawn Lattibeaudiere CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed and was sent by e-mail from the Florida Courts' E-Filing Portal system, unless electronically otherwise noted below, on all counsel or partiesof record listed below, on February 4,2022: Gary L. Brown, Esquire Email. gbrown@kelleykronenberg.com John M. Dejager,Esquire Email. jdejager@kelleykronenberg.com Kelley Kronenberg, PA 10360 West State Road 84 Fort Lauderdale, Florida 33324 Attorneysfor the Plaintiff/Counter-Defendant, Thermoset Roofing Corp. s/ Michael L. Buckner Michael L. Buckner, Esquire 2 IN THE CIRCUITCOURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-008854 DIVISION: 21 THERMOSET ROOFING CORP., Plaintiff, V TURN TWO ELECTRIC INC., a Florida corporation,and LASHAWN LATTIBEAUDIERE, an individual, Defendants. i DEFENDANTS' SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY: METAL EDGE TECHNOLOGY, INC. THE STATE OF FLORIDA TO: Metal Edge Technology, Inc., c/o Adam Honig, Registered Agent, 2148 NW 17th Street, Pompano Beach, Florida 33069 YOU MUST go to Buckner Legal Self-HelpProgram, Inc.,5224 NW 96th Drive Coral Springs, Florida 33076-2487, on Tuesday, March 15,2022, at 10:00 a.m. and bring with you at that time and place the following: 1. Documents and communications relatingto the occupationallicense,business license, certificate or government authorization for Metal Edge Technology, Inc. ("Metal Edge") to engage in business operations at 500 NW 12th Avenue, Pompano Beach, Florida 33069 (the"Property")during the 2021 calendar year. 2. Documents and communications identifying the date that Metal Edge began conducting business operationsat the Property. 3 Documents and communications listingMetal Edge's business income during the 2018, 2019. 2020 and 2021 calendar years. 4. Documents and communications identifying Metal Edge employees, agents and that worked at the Property during the 2021 calendar year. representatives 1 These items will be inspectedand may be copied at that time. You will not have to leave the items. original You may obey this subpoena by providing readable copies of the items to be produced to the party or his/her attorney whose name appears on this subpoena on or before the scheduled date of production.You may condition the preparationof the copies upon payment in advance of the If you mail, e-mail or deliver the copies to the attorney whose reasonable cost of preparation. name appears on this subpoena before the date indicated above, you do not have to appear in person. You may be in contempt of court if you fail to: (1) appear as specified;(2) furnish the records instead of appearingas provided above; or (3)objectto this subpoena. You can only be excused by the person whose name appears on this subpoena and, unless excused by that person of the Court, you shall respond as directed. who needs any accommodation in order to participate If you are a person with a disability in this proceeding,you are entitled,at no cost to you, to the provisionof certain assistance. Please contact Diana Sobel, Room 20140, 201 S.E. Sixth Street,Fort Lauderdale, Florida 33301, 954- 831-7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired,call 711. Dated: CLERK OF THE CIRCUIT COURT (SEAL) By- Deputy Clerk 2 ICERTIFY that I gave notice to every other party to this action of my intent to serve a subpoena upon a person who is not a party to this action directingthat person to produce documents or thingswithout deposition.I also certifythat no objectionunder Florida Rule of Civil Procedure 1.351 has been received by the undersigned within 10 days of service of this notice, if service was by hand-deliveryor appropriatefacsimile transmission, and within 15 days if service was by mail or e-mail. Dated: Respectfullysubmitted, s/ Michael L. Buckner Michael L. Buckner, Esquire Florida BarNo. 106331 BUCKNER LEGAL SELF-HELP PROGRAM, INC. Email: michaelbuckneilaw@gmail-com 5224 NW 96th Drive Coral Springs,Florida 33076-2487 Office: +1-954-347-0112 Facsimile: +1-954-513-4796 Attorneyfor the Defendants, Turn Two Electric Inc., and Lathawn Lattibeaudiere 3