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Filing # 102911362 E-Filed 02/07/2020 08:56:05 AM
IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
CASE NO: 19-CA-4950
2950 HIBISCUS CENTER, LLC.,
Plaintiff,
v.
DON STEVENSON DESIGN, INC.,
DON STEVENSON, and DIXIE STEVENSON,
Defendants.
/
ANSWER OF DON STEVENSON DESIGN, INC.
TO THE AMENDED COMPLAINT
Defendant, Don Stevenson Design, Inc., answers the amended complaint and says:
1. The allegations in paragraphs 1 - 5, 8, 9, 13, 24 and 28 are ADMITTED.
2. As for the allegations in paragraphs 6 and 7, this defendant admits that it
previously held possession of the leased premises pursuant to the copy of the lease attached
as Exhibit “A” to the amended complaint. It denies presently holding possession of the
premises.
3. The allegations in paragraphs 14, 31 and 32 are DENIED.
4. As for the allegations in paragraphs 10, 30, 33, 41, and 44 - 46, this defendant
says that these are quotations of the lease and it speaks for itself. If the quotations are
accurate they are admitted. Any and all inaccurate quotations are denied.
5. As for the allegations in paragraph 11, the facts alleged have already been
resolved by a partial final judgment.
6. As for the allegations in paragraphs 12 and 15-23, this defendant is without
knowledge of the facts so as to be able to admit of deny them.
Page 1 of 3
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/07/2020 11:20:37 AM7. As for the allegations in paragraphs 25 and 29, this defendant repeats its
response to paragraphs 1 - 14 of the amended complaint.
8. As for the allegations in paragraph 26, this defendant denies that it is in
possession of the premises described in the lease, but admits that it failed to make some
rental payments.
9. As for the allegations in paragraph 27, this defendant admits the total amount
alleged as of September 16, 2019, but denies that additional rent or other monies are due and
owing.
10. As for the allegations in paragraph 34, this defendant admits that it is liable for
some repairs and replacement of some improvements to the lease property. It denies any
criminal-type illegality in any of the alleged activities.
11. As for the allegations in Count IV and V (paragraphs 35 - 46), they pertain to
other parties in this action so a response to them will not be made.
AFFIRMATIVE DEFENSES
12. As a first affirmative defense it is alleged that this defendant surrendered
possession of the leased premises to the landlord. The landlord retook possession of the
premises for its own use and purposes.
13. | Asasecond affirmative defense it is alleged that Don Stevenson Design, Inc.,
provided professional architectural services to plaintiff valued at $14,000. Said defendant
claims the right to offset this amount against any amount found to be due and owing to
plaintiff in this action.
Page 2 of 3CERTIFICATE OF SERVICE
I certify that a true and correct copy hereof has been sent by electronic mail via the
ePortal to Scott A. Beatty, Esq., HENDERSON, FRANKLIN, STARNES & HOLT, P.A.,
8889 Pelican Bay Blvd., Suite 400, Naples, FL 34108, scott.beatty@henlaw.com,
katherine.cook@henlaw.com, lynne.peterson@henlaw.com, and jeanne.culek@henlaw.com
at on this VW day of 5 2020.
ee" YA ye ( Z
Raymond L. Bass, Jr., Esq.
Florida Bar No. 370851
BASS LAW OFFICE
Attorney for Defendants, Don Stevenson and
Don Stevenson Design, Inc.
The Moorings Professional Building
2335 Tamiami Trail N., Ste. 409
Naples, FL 34103-4459
Telephone: (239) 262-4555
service.basslawoffice@comcast.net
jessica.basslawoffice@comcast.net
(personal e-mail: basslawoffice@comcast.net)
Page 3 of 3
Preview
Filing # 102911362 E-Filed 02/07/2020 08:56:05 AM IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CASE NO: 19-CA-4950 2950 HIBISCUS CENTER, LLC., Plaintiff, v. DON STEVENSON DESIGN, INC., DON STEVENSON, and DIXIE STEVENSON, Defendants. / ANSWER OF DON STEVENSON DESIGN, INC. TO THE AMENDED COMPLAINT Defendant, Don Stevenson Design, Inc., answers the amended complaint and says: 1. The allegations in paragraphs 1 - 5, 8, 9, 13, 24 and 28 are ADMITTED. 2. As for the allegations in paragraphs 6 and 7, this defendant admits that it previously held possession of the leased premises pursuant to the copy of the lease attached as Exhibit “A” to the amended complaint. It denies presently holding possession of the premises. 3. The allegations in paragraphs 14, 31 and 32 are DENIED. 4. As for the allegations in paragraphs 10, 30, 33, 41, and 44 - 46, this defendant says that these are quotations of the lease and it speaks for itself. If the quotations are accurate they are admitted. Any and all inaccurate quotations are denied. 5. As for the allegations in paragraph 11, the facts alleged have already been resolved by a partial final judgment. 6. As for the allegations in paragraphs 12 and 15-23, this defendant is without knowledge of the facts so as to be able to admit of deny them. Page 1 of 3 FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/07/2020 11:20:37 AM7. As for the allegations in paragraphs 25 and 29, this defendant repeats its response to paragraphs 1 - 14 of the amended complaint. 8. As for the allegations in paragraph 26, this defendant denies that it is in possession of the premises described in the lease, but admits that it failed to make some rental payments. 9. As for the allegations in paragraph 27, this defendant admits the total amount alleged as of September 16, 2019, but denies that additional rent or other monies are due and owing. 10. As for the allegations in paragraph 34, this defendant admits that it is liable for some repairs and replacement of some improvements to the lease property. It denies any criminal-type illegality in any of the alleged activities. 11. As for the allegations in Count IV and V (paragraphs 35 - 46), they pertain to other parties in this action so a response to them will not be made. AFFIRMATIVE DEFENSES 12. As a first affirmative defense it is alleged that this defendant surrendered possession of the leased premises to the landlord. The landlord retook possession of the premises for its own use and purposes. 13. | Asasecond affirmative defense it is alleged that Don Stevenson Design, Inc., provided professional architectural services to plaintiff valued at $14,000. Said defendant claims the right to offset this amount against any amount found to be due and owing to plaintiff in this action. Page 2 of 3CERTIFICATE OF SERVICE I certify that a true and correct copy hereof has been sent by electronic mail via the ePortal to Scott A. Beatty, Esq., HENDERSON, FRANKLIN, STARNES & HOLT, P.A., 8889 Pelican Bay Blvd., Suite 400, Naples, FL 34108, scott.beatty@henlaw.com, katherine.cook@henlaw.com, lynne.peterson@henlaw.com, and jeanne.culek@henlaw.com at on this VW day of 5 2020. ee" YA ye ( Z Raymond L. Bass, Jr., Esq. Florida Bar No. 370851 BASS LAW OFFICE Attorney for Defendants, Don Stevenson and Don Stevenson Design, Inc. The Moorings Professional Building 2335 Tamiami Trail N., Ste. 409 Naples, FL 34103-4459 Telephone: (239) 262-4555 service.basslawoffice@comcast.net jessica.basslawoffice@comcast.net (personal e-mail: basslawoffice@comcast.net) Page 3 of 3