Preview
Filing # 110855510 E-Filed 07/27/2020 04:01:25 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
ELEVATE EXTERIORS, INC., Case No: 19-CA-01868
Vv.
Plaintiff,
GRACE REED and ERIC REED,
Defendants.
/
UNIFORM PRETRIAL CONFERENCE/TRIAL ORDER SETTING TRIAL FOR
PERIOD COMMENCING SEPTEMBER 10, 2020
Present:
Aaron Thalwitzer, Esq. and Justin Falatek, Esq. for Plaintiff, ELEVATE EXTERIORS, INC.
(“Plaintiff”)
J. Christopher Lombardo, Esq. and Lenore T. Brakefield, Esq. for Defendants, GRACE REED
AND ERIC REED (“Defendants”)
1.
Statement of Case: Defendants are the owners of real property located at 1276 Rainbow
Court, Naples, FL 34110 (“Premises”). Before February of 2018, Defendants hired
D.A. George Construction (“DAG”) to complete certain construction work at the
Premises. Thereafter, on 2/16/28, DAG hired Plaintiff as a subcontractor for work on
the Premises. Plaintiff was to complete a full roof replacement at the Premise (the
“Work”). On 3/14/18, DAG filed its notice of commencement for the Work, but failed
to complete the Work as promised under the original DAG contract. On 10/29/18,
Defendants executed a direct contract with Plaintiff (“Contract”) to replace DAG and
complete the Work. Pursuant to the Contract, Defendants were required to pay
Plaintiff $18,050.00 to complete the Work. On 11/7/18, Defendants executed a Change
of Contractor Notification Form terminating DAG as the contractor of record and
identifying Plaintiff as the new contractor of record. Plaintiff alleges it completed the
work according to the contract and is entitled to full payment. Defendants allege the
work completed was of poor quality and workmanship and moreover that the wrong
materials were used thereby requiring the roof to be removed and replaced. The
parties disagree over whether Plaintiff is entitled to payment.
Amendments to pleadings: None.
Tssues (agreed to and disputed):
BY PLAINTIFF: Whether the Defendant breached the contract when they failed to
pay money as promised.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/27/2020 04:01:25 PM10.
11.
12.
13.
14.
>
BY DEFENDANT: Whether Plaintiff breached the contract when it failed to perform
pursuant to the contract and in a workmanlike manner.
Admissions to avoid unnecessary proof: None.
Witnesses: Please see the attached lists.
Counsel and all pro-se parties shall list all witnesses they actually intend to call at trial from
the approved Case Management Plan, if any, including a concise statement of the facts
about which the witness will testify, no later than two weeks before trial and will be limited
thereby except for good cause.
The parties shall assure the availability of their witnesses for the entire trial period or to
otherwise preserve their testimony for trial as provided by the Florida Rules of Civil
Procedure. If a party expects to call an expert or treating physician to testify at trial, it is
strongly suggested that such witness be deposed by video and the testimony transcribed.
The Court may not be in a position to allow a witness to testify “out of order,” over
objection, or to take a recess or adjust its schedule for the convenience of such a witness.
Attached, if applicable, is a list of itemized statement of special damages claimed by any
party. There are no special damages.
Any problems or special needs for the attendance of witnesses: None.
Stipulations (checked):
a) Less than 6 jurors if one becomes incapacitated
b) Use of expert testimony any time
c) Waive X-ray technicians
d) Waive records custodians
e) Waive photographers
f) Copies of ordinances or foreign laws
g) Other: Stipulate to admissibility of business records, subject to relevance
objections.
Necessity of taking judicial notice: Permit history of 1276 Rainbow Court. .
Length of trial: 1-2 days
List Pending Motions:
1. Possible Motions in Limine.
Settlement possibilities: The likelihood of settlement is low.
Trial Date.For Lee County Parties must be ready to go to trial on day #1 of the trial period, regardless
of position on the docket. The docket will proceed numerically in the
order established at docket sounding, unless time utilization can be
enhanced or scheduling conflicts with other courts occur. In such
instances, the sequencing of cases for trial may be adjusted by the Court.
For Collier County Trial Month — Trial period (4 weeks) beginning: September 1, 2020
15.
16.
17.
18.
19.
List the Fabre, 623 So. 2d 1182 (Fla. 1993), Defendant(s) disclosed in accordance with
Paragraph 4B of the Order Setting Jury Trial/Non-Jury Trial, Pretrial Conference that
Defendant actually intends to request be placed on the verdict form. None.
If depositions or video depositions of witnesses will be used in accordance with applicable
law, are there stipulations as to which portions will be shown to the jury? YES
x NO
If there are disagreements regarding the admissibility of any portion of the depositions,
such matters must be resolved by hearing, if necessary prior to the trial.
Unless specifically directed by the Court to be filed at an earlier date, jury instructions and
verdict forms shall be submitted at the beginning of the trial. Counsel and all pro-se parties
shall meet prior to trial to agree upon the verdict form and as many standard instructions
as possible. The submitted instructions and verdict forms shall include any of the Florida
Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics
of the case. On the first day of the trial, the attorney for each party shall submit to the
Court both an electronic version in Microsoft Word and a typed copy of the proposed jury
instructions and verdict form(s). This paragraph shall not foreclose the right of each party
to request modifications of the jury instructions and/or verdict form(s) at the charging
conference. Any party who intends to request that the Court provide a set of written jury
instructions for the jury's consideration, pursuant to Rule 1.470(b), shall be responsible for
providing a clean copy (i.e., without citations to authority) of the jury instructions and
verdict form(s) to the Court for this purpose prior to the submission of the case to the jurors.
Attached is a list of all photographs, documents and exhibits. Counsel shall confer prior
to trial and initial those agreed to be admitted in evidence. All exhibits shall be pre-marked
using numbers for Plaintiff’s Exhibits and Letters for Defendant’s Exhibits. Upon request
the Clerk will provide Exhibit labels prior to commencement of the trial. To avoid the loss
and disintegration of component parts of pages, all composite exhibits shall be
satisfactorily marked and/or bound before presentation to the Court. Exhibits to be
introduced which are larger than 8 1/2 x 11" may be used at trial, but if practicable, same
shall be reduced to 8 1/2 x 11", and the reduced size copy shall be the exhibit retained by
the Clerk in the court file. The oversized exhibits, if reduced, shall be returned to counsel
at the close of the trial.
If a party desires that a proceeding be reported by a court reporter, it is the responsibility
of that party to secure such services.20. Failure to comply with the requirements of this Order may subject the party and/or counsel
to appropriate sanctions, including attomneys’ fees, fines, striking of pleadings, and/or
dismissal of this action.
THE UNDERSIGNED HEREBY AGREE TO AND SUBMIT THE FOREGOING
PRETRIAL CONFERENCE/TRIAL ORDER TO THE COURT FOR APPROVAL.
4s/ Aaron B. Thalwitzer
Aaron B. Thalwitzer, Esq.
Florida Bar No. 42591
Justin Falatek, Esq.
Florida Bar No. 92369
GORDON & THALWITZER
257 N. Orlando Avenue
Cocoa Beach, FL 32931
Tel. (321) 799-4777
Aaron@brevardlegal.com
JFalatek@brevardlegal.com
e-service@brevardlegal.com
Attorneys for Plaintiff
/s/ Lenore T. Bakerfield
J. Christopher Lombardo, Esq.
Florida Bar No.372641
Lenore T. Bakerfield, Esq.
Florida Bar No. 011083
WOODWARD, PIRES &
LOMBARDO, P.A.
3200 Tamiami Trial North, Suite 200
Naples, FL 34103
Tel. (239) 649-6555
clambardot I-legal.com
Ibrakefield I-legal.com
service@wpl-legal.com
Attorneys for DefendantsePrNaAUAWNDE
PLAINTIFF’S LIST OF WITNESSES
Kris Barger
Phil Graham
Eric Reed
David A. George
Femando Espinoza
Robert Miller
John Boyette
All witnesses listed by DefendantsDEFENDANTS’ WITNESS LIST
Eric Reed
Grace Reed
David George
John Boyette
Hector Bautista
Robert Baker
Buddy Raney
Rick Smith
Steve Karterouliotis
Dave Turano
Robert Miller
John Lopez
Dan Greenling, Jr.
James McCann
Jonathan M. Rushing
Kris Barger
Anthony A. Esposito, PE
Corporate Representative of Forge Engineering & CorporationPLAINTIFF’S LIST OF EXHIBITS
1. 6/20/17 Stipulated Sum Construction Contract
2. 2/10/18 Elevate Exteriors Estimate
3. 2/11/18 FCCRUZ Consulting Inc. Invoice FC19-006-187
4. 2/16/18 D.A. George Agreement
5. 2/19/18 Check 5105 for $16,000 from DA George
6. 3/15/18 Collier County Permit number PRBD20180317960001
7. 3/22/18 Notice of Commencement
8. 3/28/18 Collier County Board of County Commissioners permit
9. 3/29/18 Collier Co. Inspection Job Card
10. AIAN8& Subcontractor Affirmation re D.A. George & Sons
11. 4/23/18 Elevate Exteriors Measurement Report
12. ee ABC Supply Invoices
13. 8/28/18 Naples Lumber Invoice
14. 9/7/18 Check to Fabin Pena
15. 9/27/18 Collier Co. Extension or Reactivation form to D.A. George and Sons
Construction
16. 11/7/18 Proposed Contractor Signature
17. 11/28/18 Home Depot Receipt
18. 11/28/18 Elevate Exterior Invoice FL-187
19. 1/8/19 Epic Home Solutions LLC Estimate No. 475
20. 2/19/19 Check No. 3629 to FCCruz Consulting Inc.
21. 6/3/19 Greenling Roofing Inc. Proposal submitted to Boyette
2. 6/3/19 FCCRUZ Consulting Letter to Collier Co. Building Department re Anthony
Esposito23. 6/5/19 Release and Waiver of Lien
24. 12/4/19 Permit Application
25. 12/19/19 _| Hurricane Mitigation Affidavit
26. 1/2/20 Certificate of Completion
27. 3/30/20 Crowther Residential Reroof Proposal
28. Business card of Roof Inspector Hector Bautista
29. Diagram
30. Notice of Acceptance
31. Photographs
32. WIP 100 Granular-Surface Self-Adhering Roofing Underlayment
33. Collier County Building Permit Application Form.
34. Collier County Inspection Job Car for Permit number PRBD2018031796001
35. Collier County Certificate of Completion
36. 4/28/20 Deposition Transcript of Epic Home Solutions LLC.
37. 4/29/20 Deposition Transcript of Roof Crafters Inc.
38. 4/30/20 Deposition Transcript of Robert Miller
39. 4/30/20 Deposition Transcript of John Boyette
40. 5/6/20 Deposition Transcript of Eric ReedDEFENDANTS?’ EXHIBIT LIST
1. See Defendant’s Exhibit List, filed 7/2/20, attached.THE COURT HEREBY APPROVES AND ADOPTS THE FOREGOING
PRETRIAL CONFERENCE/TRIAL ORDER AND THE PARTIES ARE ORDERED TO
COMPLY WITH IT.
AMERICANS WITH DISABILITIES ACT
If you are a person with a 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 Charles Rice, Administrative Court Services Manager, whose office is located
at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number
is (239) 252-8800, 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.
Bad Ko
Signed ty Kl Elsbat Vin 11.2010.0h 90168600019 07277000 18.0407 ef C20
Electronic Service List
Aaron B Thalwitzer ,
Justin Falatek
James Christopher Lombardo , ,
Joseph M. Coleman , ,
Lenore T Brakefield ,
J. Christopher Lombardo ,
Channing Labadie
Leonard P. Reina
10
Preview
Filing # 110855510 E-Filed 07/27/2020 04:01:25 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ELEVATE EXTERIORS, INC., Case No: 19-CA-01868 Vv. Plaintiff, GRACE REED and ERIC REED, Defendants. / UNIFORM PRETRIAL CONFERENCE/TRIAL ORDER SETTING TRIAL FOR PERIOD COMMENCING SEPTEMBER 10, 2020 Present: Aaron Thalwitzer, Esq. and Justin Falatek, Esq. for Plaintiff, ELEVATE EXTERIORS, INC. (“Plaintiff”) J. Christopher Lombardo, Esq. and Lenore T. Brakefield, Esq. for Defendants, GRACE REED AND ERIC REED (“Defendants”) 1. Statement of Case: Defendants are the owners of real property located at 1276 Rainbow Court, Naples, FL 34110 (“Premises”). Before February of 2018, Defendants hired D.A. George Construction (“DAG”) to complete certain construction work at the Premises. Thereafter, on 2/16/28, DAG hired Plaintiff as a subcontractor for work on the Premises. Plaintiff was to complete a full roof replacement at the Premise (the “Work”). On 3/14/18, DAG filed its notice of commencement for the Work, but failed to complete the Work as promised under the original DAG contract. On 10/29/18, Defendants executed a direct contract with Plaintiff (“Contract”) to replace DAG and complete the Work. Pursuant to the Contract, Defendants were required to pay Plaintiff $18,050.00 to complete the Work. On 11/7/18, Defendants executed a Change of Contractor Notification Form terminating DAG as the contractor of record and identifying Plaintiff as the new contractor of record. Plaintiff alleges it completed the work according to the contract and is entitled to full payment. Defendants allege the work completed was of poor quality and workmanship and moreover that the wrong materials were used thereby requiring the roof to be removed and replaced. The parties disagree over whether Plaintiff is entitled to payment. Amendments to pleadings: None. Tssues (agreed to and disputed): BY PLAINTIFF: Whether the Defendant breached the contract when they failed to pay money as promised. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/27/2020 04:01:25 PM10. 11. 12. 13. 14. > BY DEFENDANT: Whether Plaintiff breached the contract when it failed to perform pursuant to the contract and in a workmanlike manner. Admissions to avoid unnecessary proof: None. Witnesses: Please see the attached lists. Counsel and all pro-se parties shall list all witnesses they actually intend to call at trial from the approved Case Management Plan, if any, including a concise statement of the facts about which the witness will testify, no later than two weeks before trial and will be limited thereby except for good cause. The parties shall assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. If a party expects to call an expert or treating physician to testify at trial, it is strongly suggested that such witness be deposed by video and the testimony transcribed. The Court may not be in a position to allow a witness to testify “out of order,” over objection, or to take a recess or adjust its schedule for the convenience of such a witness. Attached, if applicable, is a list of itemized statement of special damages claimed by any party. There are no special damages. Any problems or special needs for the attendance of witnesses: None. Stipulations (checked): a) Less than 6 jurors if one becomes incapacitated b) Use of expert testimony any time c) Waive X-ray technicians d) Waive records custodians e) Waive photographers f) Copies of ordinances or foreign laws g) Other: Stipulate to admissibility of business records, subject to relevance objections. Necessity of taking judicial notice: Permit history of 1276 Rainbow Court. . Length of trial: 1-2 days List Pending Motions: 1. Possible Motions in Limine. Settlement possibilities: The likelihood of settlement is low. Trial Date.For Lee County Parties must be ready to go to trial on day #1 of the trial period, regardless of position on the docket. The docket will proceed numerically in the order established at docket sounding, unless time utilization can be enhanced or scheduling conflicts with other courts occur. In such instances, the sequencing of cases for trial may be adjusted by the Court. For Collier County Trial Month — Trial period (4 weeks) beginning: September 1, 2020 15. 16. 17. 18. 19. List the Fabre, 623 So. 2d 1182 (Fla. 1993), Defendant(s) disclosed in accordance with Paragraph 4B of the Order Setting Jury Trial/Non-Jury Trial, Pretrial Conference that Defendant actually intends to request be placed on the verdict form. None. If depositions or video depositions of witnesses will be used in accordance with applicable law, are there stipulations as to which portions will be shown to the jury? YES x NO If there are disagreements regarding the admissibility of any portion of the depositions, such matters must be resolved by hearing, if necessary prior to the trial. Unless specifically directed by the Court to be filed at an earlier date, jury instructions and verdict forms shall be submitted at the beginning of the trial. Counsel and all pro-se parties shall meet prior to trial to agree upon the verdict form and as many standard instructions as possible. The submitted instructions and verdict forms shall include any of the Florida Standard Jury Instructions and verdict forms with appropriate adaptations for the specifics of the case. On the first day of the trial, the attorney for each party shall submit to the Court both an electronic version in Microsoft Word and a typed copy of the proposed jury instructions and verdict form(s). This paragraph shall not foreclose the right of each party to request modifications of the jury instructions and/or verdict form(s) at the charging conference. Any party who intends to request that the Court provide a set of written jury instructions for the jury's consideration, pursuant to Rule 1.470(b), shall be responsible for providing a clean copy (i.e., without citations to authority) of the jury instructions and verdict form(s) to the Court for this purpose prior to the submission of the case to the jurors. Attached is a list of all photographs, documents and exhibits. Counsel shall confer prior to trial and initial those agreed to be admitted in evidence. All exhibits shall be pre-marked using numbers for Plaintiff’s Exhibits and Letters for Defendant’s Exhibits. Upon request the Clerk will provide Exhibit labels prior to commencement of the trial. To avoid the loss and disintegration of component parts of pages, all composite exhibits shall be satisfactorily marked and/or bound before presentation to the Court. Exhibits to be introduced which are larger than 8 1/2 x 11" may be used at trial, but if practicable, same shall be reduced to 8 1/2 x 11", and the reduced size copy shall be the exhibit retained by the Clerk in the court file. The oversized exhibits, if reduced, shall be returned to counsel at the close of the trial. If a party desires that a proceeding be reported by a court reporter, it is the responsibility of that party to secure such services.20. Failure to comply with the requirements of this Order may subject the party and/or counsel to appropriate sanctions, including attomneys’ fees, fines, striking of pleadings, and/or dismissal of this action. THE UNDERSIGNED HEREBY AGREE TO AND SUBMIT THE FOREGOING PRETRIAL CONFERENCE/TRIAL ORDER TO THE COURT FOR APPROVAL. 4s/ Aaron B. Thalwitzer Aaron B. Thalwitzer, Esq. Florida Bar No. 42591 Justin Falatek, Esq. Florida Bar No. 92369 GORDON & THALWITZER 257 N. Orlando Avenue Cocoa Beach, FL 32931 Tel. (321) 799-4777 Aaron@brevardlegal.com JFalatek@brevardlegal.com e-service@brevardlegal.com Attorneys for Plaintiff /s/ Lenore T. Bakerfield J. Christopher Lombardo, Esq. Florida Bar No.372641 Lenore T. Bakerfield, Esq. Florida Bar No. 011083 WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tamiami Trial North, Suite 200 Naples, FL 34103 Tel. (239) 649-6555 clambardot I-legal.com Ibrakefield I-legal.com service@wpl-legal.com Attorneys for DefendantsePrNaAUAWNDE PLAINTIFF’S LIST OF WITNESSES Kris Barger Phil Graham Eric Reed David A. George Femando Espinoza Robert Miller John Boyette All witnesses listed by DefendantsDEFENDANTS’ WITNESS LIST Eric Reed Grace Reed David George John Boyette Hector Bautista Robert Baker Buddy Raney Rick Smith Steve Karterouliotis Dave Turano Robert Miller John Lopez Dan Greenling, Jr. James McCann Jonathan M. Rushing Kris Barger Anthony A. Esposito, PE Corporate Representative of Forge Engineering & CorporationPLAINTIFF’S LIST OF EXHIBITS 1. 6/20/17 Stipulated Sum Construction Contract 2. 2/10/18 Elevate Exteriors Estimate 3. 2/11/18 FCCRUZ Consulting Inc. Invoice FC19-006-187 4. 2/16/18 D.A. George Agreement 5. 2/19/18 Check 5105 for $16,000 from DA George 6. 3/15/18 Collier County Permit number PRBD20180317960001 7. 3/22/18 Notice of Commencement 8. 3/28/18 Collier County Board of County Commissioners permit 9. 3/29/18 Collier Co. Inspection Job Card 10. AIAN8& Subcontractor Affirmation re D.A. George & Sons 11. 4/23/18 Elevate Exteriors Measurement Report 12. ee ABC Supply Invoices 13. 8/28/18 Naples Lumber Invoice 14. 9/7/18 Check to Fabin Pena 15. 9/27/18 Collier Co. Extension or Reactivation form to D.A. George and Sons Construction 16. 11/7/18 Proposed Contractor Signature 17. 11/28/18 Home Depot Receipt 18. 11/28/18 Elevate Exterior Invoice FL-187 19. 1/8/19 Epic Home Solutions LLC Estimate No. 475 20. 2/19/19 Check No. 3629 to FCCruz Consulting Inc. 21. 6/3/19 Greenling Roofing Inc. Proposal submitted to Boyette 2. 6/3/19 FCCRUZ Consulting Letter to Collier Co. Building Department re Anthony Esposito23. 6/5/19 Release and Waiver of Lien 24. 12/4/19 Permit Application 25. 12/19/19 _| Hurricane Mitigation Affidavit 26. 1/2/20 Certificate of Completion 27. 3/30/20 Crowther Residential Reroof Proposal 28. Business card of Roof Inspector Hector Bautista 29. Diagram 30. Notice of Acceptance 31. Photographs 32. WIP 100 Granular-Surface Self-Adhering Roofing Underlayment 33. Collier County Building Permit Application Form. 34. Collier County Inspection Job Car for Permit number PRBD2018031796001 35. Collier County Certificate of Completion 36. 4/28/20 Deposition Transcript of Epic Home Solutions LLC. 37. 4/29/20 Deposition Transcript of Roof Crafters Inc. 38. 4/30/20 Deposition Transcript of Robert Miller 39. 4/30/20 Deposition Transcript of John Boyette 40. 5/6/20 Deposition Transcript of Eric ReedDEFENDANTS?’ EXHIBIT LIST 1. See Defendant’s Exhibit List, filed 7/2/20, attached.THE COURT HEREBY APPROVES AND ADOPTS THE FOREGOING PRETRIAL CONFERENCE/TRIAL ORDER AND THE PARTIES ARE ORDERED TO COMPLY WITH IT. AMERICANS WITH DISABILITIES ACT If you are a person with a 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 Charles Rice, Administrative Court Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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. Bad Ko Signed ty Kl Elsbat Vin 11.2010.0h 90168600019 07277000 18.0407 ef C20 Electronic Service List Aaron B Thalwitzer , Justin Falatek James Christopher Lombardo , , Joseph M. Coleman , , Lenore T Brakefield , J. Christopher Lombardo , Channing Labadie Leonard P. Reina 10