Preview
ROA Event: 7650
IN THE COUNTY COURT, EIGHTEENTH JUDICIAL CIRCUIT,
BREVARD COUNTY, FLORIDA
DIVISION: SMALL CLAIMS CASE NUMBER: 05-2022-SC-040640-XXXX-KX
PLAINTIFF
KENNETH WALKER
1233 BIARRITZ ST NW
PALM BAY FL 32907-6832
DEFENDANT
GONZALEZ TREE SERVICE
480 MERCURY AVE SE APT 204
PALM BAY FL 32909-3999
SUMMONS/NOTICE TO APPEAR FOR A PRETRIAL CONFERENCE
PRETRIAL INFORMATION Service Information:
DATE: Wednesday, September 28, 2022
To Whom:
TIME: 9:00 AM Date:
LOCATION: MELBOURNE COURTHOUSE Time:
51S NIEMAN AVE MELBOURNE FL 32901
JUDGE: KELLY INGRAM Served By
STATE OF FLORIDA
NOTICE TO PLAINTIFFS AND DEFENDANTS: YOU ARE HEREBY NOTIFIED that
you are required to appear in person or by attorney at the time and location indicated above for
PRETRIAL CONFERENCE before a Judge of this Court.
WITNESS my hand and Official Seal on the 11th day of August, 2022, in Brevard County,
Florida
pul ler!
Brevard County Clefk of Courts
LAW 168 / 20190509 Original (clr61) - 1
(Case # 05-2022-SC-040640-XX00CKX
l
iiav #2
in
| mn o*
IMPORTANT - READ CAREFULLY
1. THIS CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE, BUT
MAY BE MEDIATED AT THAT TIME.
2. DO NOT BRING WITNESSES. YOU MUST APPEAR IN PERSON OR BY
ATTORNEY.
3. WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO
SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT OF THE CLAIM
WITHOUT FURTHER CONSULTATION. FAILURE TO COMPLY MAY RESULT
IN THE IMPOSITION OF SANCTIONS, INCLUDING COSTS, ATTORNEY FEES,
ENTRY OF JUDGMENT, OR DISMISSAL.
ONLINE DISPUTE RESOLUTION
18th Judicial Circuit - Brevard County
SMALL CLAIMS RESOLUTION CENTER
The 18th Judicial Circuit-Brevard County is pleased to invite you to participate in the Court’s
Online Dispute Resolution (ODR) process. ODR can be used by parties to a Smal! Claims
lawsuit to negotiate a settlement. Instead of a Judge deciding your case, you can take control of
the process by resolving your case online.
ODR allows you the opportunity to settle with the other party at your convenience, using your
computer, tablet, or smartphone. You can work online to negotiate from any location and at any
time, including evenings and weekends. If you reach an agreement using this option, and it is
filed with the Clerk of Court as required, you will not have to appear in court on your PreTrial
Conference date.
After reviewing your case for eligibility AND if you have filed a Designation of Email Address
for service with the Clerk of Court, plaintiffs will receive an email inviting them to participate
and initiate the process. ODR is optional, so both parties would have to agree to use this process.
IMPORTANT NOTE REGARDING DEBT COLLECTION
If you agree to use this ODR process, you are permitting the creditor to contact you via this
platform to attempt to settle your lawsuit. Either party may discontinue the process at any
time, for any reason, with written notice to the other party.
For additional information from the Circuit’s website, please view this link:
https://flcourts 1 8.org/court-programs/odr/
PLAINTIFFS: Please check your email frequently for the invitation from the Court.
PLAINTIFFS AND DEFENDANTS: If you would like to participate and have not filed a
Designation of Email Address agreeing to eservice, please send an email requesting participation
to: BrevardODR@flcourts18.org. If you prefer, you may download a Non-Attorney Designation
of Email Address form, complete it, and file it with the Clerk of Court. You may access this
form at http://www.brevardclerk.us/index.cfm/administration.
LAW 168 / 20190509 Original - 2
CASE NUMBER: 05-2022-SC-040640-XXXX-XX
PLAINTIFF
KENNETH WALKER
DEFENDANT
GONZALEZ TREE SERVICE
The Defendant(s) must appear in court on the date specified in order to avoid a Default
Judgment. The Plaintiff(s) must appear to avoid having the case dismissed for lack of
prosecution. A written MOTION or ANSWER to the court by the Plaintiff(s) or the
Defendant(s) shall not excuse the personal appearance of a party or its attorney at the
PRETRIAL CONFERENCE. The date and/or time of the PreTrial Conference CANNOT be
rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the
corporation or any employee authorized in writing by an officer of the corporation. Written
authorization must be brought to the PreTrial Conference.
The purpose of the PreTrial Conference is to record your appearance, to determine if you admit
all or part of the claim, to enable the court to determine the nature of the case, and to set the case
for Trial if the case cannot be resolved at the PreTrial Conference. You or your attorney should
be prepared to confer with the court and to explain briefly the nature of your dispute, state what
efforts have been made to settle the dispute, exhibit any documents necessary to prove the case,
state the names and addresses of your witnesses, stipulate to the facts that will require no proof
and will expedite the trial, and estimate how long it will take to try the case.
MEDIATION
Mediation may take place during the time scheduled for the PreTrial Conference. Mediation is a
process whereby an impartial and neutral third person called a mediator acts to encourage and
facilitate the resolution of a dispute between two or more parties, without prescribing what the
resolution should be. It is an informal and nonadversarial process with the objective of helping
the disputing parties reach a mutally acceptable and voluntary agreement.
In mediation, decision making rests with the parties. Negotiations in county court mediation are
primarily conducted by the parties. Counsel for each party may participate. However, presence
of counsel is not required. If a full agreement is not reached at mediation, the remaining issues of
the case will be set for trial. Mediation communications are confidential and priveleged except
where disclosures are required or permitted by law.
If you admit the claim, but desire additional time to pay, you must come and state the
circumstances to the Court. The Court may or may not approve a payment plan and withhold
Judgment of Execution or Levy.
LAW 168 / 20190509 Original - 3
RIGHT TO VENUE: The law gives the person who has sued you the right to file suit in any one
of several places as listed below. However, if you have been sued in any place other than one of
these places, you, as the Defendant(s) have the right to request that the case be moved to a proper
location or venue. A proper location or venue may be one of the following:
Where the contract was entered into;
If the suit is on an unsecured promissory note, where note is signed or where the
maker resides;
If the suit is to recover property or to foreclose a lien, where the property is located;
Where the event giving rise to the suit occurred;
Where any one or more of the defendant(s) sued reside(s);
Any location agreed to in a contract.
In an action for money due, if there is no agreement as to where suit may be filed, proper venue
lies in the county where payment is to be made.
If you as defendant(s) believe the plaintiff(s) has/have not sued in one of these correct places, you
must appear on your court date and orally request a transfer or you must file a WRITTEN request
for transfer, in affidavit form (sworn to under oath) with the court seven days prior to your first
court date and send a copy to the plaintiff(s) or plaintiff's attorney.
A copy of the Statement of Claim shall be served with this Summons.
NOTICE TO PERSONS WITH A DISABILITY
REQUEST FOR ACCOMMODATIONS BY PERSONS WITH
DISABILITIES: If you are a person with disability who needs any
accommodation in order to participate in this proceeding, you are entitled, at
no cost to you, to the provision of certain assistance. Please contact the ADA
Coordinator at Court Administration at the Moore Justice Center, 2825
Judge Fran Jamieson Way, 3rd. Floor, Melbourne, FL 32940-8006, (321)
633-2171 ext. 2, 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.
LAW 168 / 20190509 Original - 4
CLERK OF COURTS OFFICE LOCATIONS
TITUSVILLE CLERK'S OFFICE MERRITT ISLAND CLERK'S OFFICE
CLERK OF COURTS CLERK OF COURTS
400 SOUTH STREET, 2575 N. COURTNEY PARKWAY,
2ND FLOOR ROOM 129
TITUSVILLE, FL 32780 MERRITT ISLAND, FL 32953
TELEPHONE: (321) 637-5413 TELEPHONE: (321) 637-5413
FAX: (321) 264-5269 FAX: (321) 637-6525
MELBOURNE CLERK'S OFFICE PALM BAY CLERK'S OFFICE
CLERK OF COURTS CLERK OF COURTS
51S. NIEMAN AVENUE 450 COGAN DR., S.E.
MELBOURNE, FL 32901 PALM BAY, FL 32909
TELEPHONE: (321) 952-4604 TELEPHONE: (321) 637-5413
FAX: (321) 952-4602 FAX: (321) 637-6526
VIERA CLERK'S OFFICE
CLERK OF COURTS
HARRY T. AND HARRIETTE V.
MOORE JUSTICE CENTER
2825 JUDGE FRAN JAMIESON WAY
MELBOURNE, FL 32940
TELEPHONE: (321) 637-5413
FAX: (321) 617-7311
LAW 168 / 20190509 Original - 5
Preview
ROA Event: 7650 IN THE COUNTY COURT, EIGHTEENTH JUDICIAL CIRCUIT, BREVARD COUNTY, FLORIDA DIVISION: SMALL CLAIMS CASE NUMBER: 05-2022-SC-040640-XXXX-KX PLAINTIFF KENNETH WALKER 1233 BIARRITZ ST NW PALM BAY FL 32907-6832 DEFENDANT GONZALEZ TREE SERVICE 480 MERCURY AVE SE APT 204 PALM BAY FL 32909-3999 SUMMONS/NOTICE TO APPEAR FOR A PRETRIAL CONFERENCE PRETRIAL INFORMATION Service Information: DATE: Wednesday, September 28, 2022 To Whom: TIME: 9:00 AM Date: LOCATION: MELBOURNE COURTHOUSE Time: 51S NIEMAN AVE MELBOURNE FL 32901 JUDGE: KELLY INGRAM Served By STATE OF FLORIDA NOTICE TO PLAINTIFFS AND DEFENDANTS: YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the time and location indicated above for PRETRIAL CONFERENCE before a Judge of this Court. WITNESS my hand and Official Seal on the 11th day of August, 2022, in Brevard County, Florida pul ler! Brevard County Clefk of Courts LAW 168 / 20190509 Original (clr61) - 1 (Case # 05-2022-SC-040640-XX00CKX l iiav #2 in | mn o* IMPORTANT - READ CAREFULLY 1. THIS CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE, BUT MAY BE MEDIATED AT THAT TIME. 2. DO NOT BRING WITNESSES. YOU MUST APPEAR IN PERSON OR BY ATTORNEY. 3. WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT OF THE CLAIM WITHOUT FURTHER CONSULTATION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR DISMISSAL. ONLINE DISPUTE RESOLUTION 18th Judicial Circuit - Brevard County SMALL CLAIMS RESOLUTION CENTER The 18th Judicial Circuit-Brevard County is pleased to invite you to participate in the Court’s Online Dispute Resolution (ODR) process. ODR can be used by parties to a Smal! Claims lawsuit to negotiate a settlement. Instead of a Judge deciding your case, you can take control of the process by resolving your case online. ODR allows you the opportunity to settle with the other party at your convenience, using your computer, tablet, or smartphone. You can work online to negotiate from any location and at any time, including evenings and weekends. If you reach an agreement using this option, and it is filed with the Clerk of Court as required, you will not have to appear in court on your PreTrial Conference date. After reviewing your case for eligibility AND if you have filed a Designation of Email Address for service with the Clerk of Court, plaintiffs will receive an email inviting them to participate and initiate the process. ODR is optional, so both parties would have to agree to use this process. IMPORTANT NOTE REGARDING DEBT COLLECTION If you agree to use this ODR process, you are permitting the creditor to contact you via this platform to attempt to settle your lawsuit. Either party may discontinue the process at any time, for any reason, with written notice to the other party. For additional information from the Circuit’s website, please view this link: https://flcourts 1 8.org/court-programs/odr/ PLAINTIFFS: Please check your email frequently for the invitation from the Court. PLAINTIFFS AND DEFENDANTS: If you would like to participate and have not filed a Designation of Email Address agreeing to eservice, please send an email requesting participation to: BrevardODR@flcourts18.org. If you prefer, you may download a Non-Attorney Designation of Email Address form, complete it, and file it with the Clerk of Court. You may access this form at http://www.brevardclerk.us/index.cfm/administration. LAW 168 / 20190509 Original - 2 CASE NUMBER: 05-2022-SC-040640-XXXX-XX PLAINTIFF KENNETH WALKER DEFENDANT GONZALEZ TREE SERVICE The Defendant(s) must appear in court on the date specified in order to avoid a Default Judgment. The Plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the Plaintiff(s) or the Defendant(s) shall not excuse the personal appearance of a party or its attorney at the PRETRIAL CONFERENCE. The date and/or time of the PreTrial Conference CANNOT be rescheduled without good cause and prior court approval. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the PreTrial Conference. The purpose of the PreTrial Conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for Trial if the case cannot be resolved at the PreTrial Conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. MEDIATION Mediation may take place during the time scheduled for the PreTrial Conference. Mediation is a process whereby an impartial and neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the resolution should be. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutally acceptable and voluntary agreement. In mediation, decision making rests with the parties. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required. If a full agreement is not reached at mediation, the remaining issues of the case will be set for trial. Mediation communications are confidential and priveleged except where disclosures are required or permitted by law. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the Court. The Court may or may not approve a payment plan and withhold Judgment of Execution or Levy. LAW 168 / 20190509 Original - 3 RIGHT TO VENUE: The law gives the person who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the Defendant(s) have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: Where the contract was entered into; If the suit is on an unsecured promissory note, where note is signed or where the maker resides; If the suit is to recover property or to foreclose a lien, where the property is located; Where the event giving rise to the suit occurred; Where any one or more of the defendant(s) sued reside(s); Any location agreed to in a contract. In an action for money due, if there is no agreement as to where suit may be filed, proper venue lies in the county where payment is to be made. If you as defendant(s) believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer or you must file a WRITTEN request for transfer, in affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the plaintiff(s) or plaintiff's attorney. A copy of the Statement of Claim shall be served with this Summons. NOTICE TO PERSONS WITH A DISABILITY REQUEST FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES: If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at Court Administration at the Moore Justice Center, 2825 Judge Fran Jamieson Way, 3rd. Floor, Melbourne, FL 32940-8006, (321) 633-2171 ext. 2, 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. LAW 168 / 20190509 Original - 4 CLERK OF COURTS OFFICE LOCATIONS TITUSVILLE CLERK'S OFFICE MERRITT ISLAND CLERK'S OFFICE CLERK OF COURTS CLERK OF COURTS 400 SOUTH STREET, 2575 N. COURTNEY PARKWAY, 2ND FLOOR ROOM 129 TITUSVILLE, FL 32780 MERRITT ISLAND, FL 32953 TELEPHONE: (321) 637-5413 TELEPHONE: (321) 637-5413 FAX: (321) 264-5269 FAX: (321) 637-6525 MELBOURNE CLERK'S OFFICE PALM BAY CLERK'S OFFICE CLERK OF COURTS CLERK OF COURTS 51S. NIEMAN AVENUE 450 COGAN DR., S.E. MELBOURNE, FL 32901 PALM BAY, FL 32909 TELEPHONE: (321) 952-4604 TELEPHONE: (321) 637-5413 FAX: (321) 952-4602 FAX: (321) 637-6526 VIERA CLERK'S OFFICE CLERK OF COURTS HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER 2825 JUDGE FRAN JAMIESON WAY MELBOURNE, FL 32940 TELEPHONE: (321) 637-5413 FAX: (321) 617-7311 LAW 168 / 20190509 Original - 5