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Filing # 160791810 E-Filed 11/07/2022 03:52:48 PM
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT, IN
AND FOR HILLSBOROUGH COUNTY,
FLORIDA
CIVIL DIVISION
SUN CITY CENTER WEST MASTER CASE NO.: 20-CA-010043,
ASSOCIATION, INC., Div A
Plaintiff,
v.
FEDERATION OF KINGS POINT
ASSOCITATION, INC., FIRSTSERVICE
RESIDENTIAL FLORIDA, INC.,
Defendants.
_______________________________/
DEFENDANT FIRSTSERVICE RESIDENTIAL FLORIDA, INC.’S ANSWER,
AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL TO COUNT X ONLY
OF PLAINTIFF’S SECOND AMENDED COMPLAINT
COMES NOW Defendant, FIRSTSERVICE RESIDENTIAL FLORIDA, INC., by
and through its undersigned counsel, files its Answer and Affirmative Defenses to Count
X Only of Plaintiff’s Second Amended Complaint. For purposes of this Answer, all
allegations not specifically admitted are deemed denied.
COUNT X – COMPUTER ABUSE AND DATA RECOVERY ACT
87. Defendant realleges and reincorporates its responses to paragraphs 1-10, 19, 24-
25, 33(B), (D) and (E), 37-39, 46 and 85, included in Defendant’s prior Answer filed
to Second Amended Complaint.
88. Denied.
89. Denied.
90. Denied.
Page 1
COLE, SCOTT & KISSANE, P.A.
11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
CASE NO.: 20-CA-010043,
Div A
91. Denied.
92. Denied.
93. Denied.
94. Denied.
95. Denied.
96. Denied.
97. Denied.
98. Denied.
Defendant denies each and every item of Plaintiff’s prayer for relief in Count X of
the Second Amended Complaint.
WHEREFORE, Defendant FIRSTSERVICE demands judgment in its favor, costs
and attorney’s fees if it is found to be prevailing party on Count X of Plaintiff’s Complaint,
pursuant to Chapter 668 of the Florida Statutes, and any other authority permitting
recovering of attorney’s fees and costs as prevailing party on this cause of action, and
such other relief as the Court deems appropriate.
Affirmative Defenses
1. Count X fails to state a cause of action under the Computer Abuse and Data
Recovery Act as Plaintiff fails to property allege the required elements and
cannot its burden with respect to establishing a prima facie claim under this
statute.
2. Plaintiff cannot prove access through a technological access barrier.
Page 2
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
CASE NO.: 20-CA-010043,
Div A
3. Computer Abuse and Data Recovery Act was created by legislature because of
computer hacking. Defendant is not a computer hacker and this dispute has
nothing to do with computer hacking.
4. Defendant was acting in good faith at all times and there was no intentional or
harmful act whatsoever.
5. Plaintiff has no damages, and any alleged damages are too speculative to
ascertain.
6. Per Florida Statute Section 668.802(5)(e), loss is defined as profits earned by
violator as a result of the alleged violation under the Computer Abuse and
Discovery Act. Defendant denies that any violation occurred, and there were no
profits earned from any alleged violation. Damages are therefore precluded
because Defendant did not earn any profits as a result of the alleged violation of
the Computer Abuse and Data Recovery Act.
7. Defendant did not possess the required knowledge or intent that is required to
prove a violation under the Computer Abuse and Data Recovery Act.
8. Plaintiff’s claim is moot and Plaintiff lacks standing to bring its claim.
9. Defendant has returned all information, emails or data that Plaintiff is requesting.
The alleged dispute at this point is regarding the format in which it was returned.
Page 3
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
CASE NO.: 20-CA-010043,
Div A
Demand for Jury Trial
Defendant demands a jury trial for all claims so triable.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 7th day of November, 2022, a true and correct
copy of the foregoing was filed with the Clerk of Hillsborough County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Francis E. Friscia, Esq., Friscia & Ross,
P.A., ffriscia@frpalegal.com;bmachado@frpalegal.com, 5550 W. Executive Drive, Suite
250, Tampa, FL 33609, (813) 286-0888/(813) 286-0111 (F), Attorney for Plaintiff, Sun
City Center West Master Association, Inc., Michael Kolcum, Esq., Adams & Reese LLP,
Attorney for Plaintiff, Sun City Center West Master Association, Inc., Eric Partlow, Esq.,
Adam & Reese, LLP, Eric.Partlow@arlaw.com, 101 East Kennedy Boulevard, Suite 4000,
Tampa, FL 33602, (813) 402-2880/(813) 402-2887 (F), Attorney for Plaintiff, Sun City
Center West Master Association, Inc., Alan S. Rosenberg, Esq., Koleos Rosenberg
McMahon, P.L., asr@krmlegalgroup.com;gregory@krmlegalgroup.com, AmTrust Bank
Building, 8211 West Broward Boulevard, Suite 330, Plantation, FL 33324, (954) 474-
9929/(954) 474-9959 (F), Attorney for Defendant, FirstService Residential Florida, Inc.
and Steven W. Teppler, Esq., Mandenbaum Salsburg, PA, Steppler@lawfirm.ms, 3
Becker Farm Road, Suite 105, Roseland, NJ 07068, (973) 736-4600, Attorney for Plaintiff,
Sun City Center West Master Association, Inc..
Page 4
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
CASE NO.: 20-CA-010043,
Div A
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant FIRSTSERVICE
RESIDENTIAL FLORIDA, INC.
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 864-9324
Facsimile (813) 286-2900
Primary e-mail: brian.rubenstein@csklegal.com
Secondary e-mail: kristina.digioia@csklegal.com
Alternate e-mail: joanne.delvalle@csklegal.com
By: /s/ Brian Rubenstein
BRIAN D. RUBENSTEIN
Florida Bar No.: 16997
KRISTINA M. DIGIOIA
Florida Bar No.: 1022110
1918.2349-00
Page 5
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
Preview
Filing # 160791810 E-Filed 11/07/2022 03:52:48 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION SUN CITY CENTER WEST MASTER CASE NO.: 20-CA-010043, ASSOCIATION, INC., Div A Plaintiff, v. FEDERATION OF KINGS POINT ASSOCITATION, INC., FIRSTSERVICE RESIDENTIAL FLORIDA, INC., Defendants. _______________________________/ DEFENDANT FIRSTSERVICE RESIDENTIAL FLORIDA, INC.’S ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL TO COUNT X ONLY OF PLAINTIFF’S SECOND AMENDED COMPLAINT COMES NOW Defendant, FIRSTSERVICE RESIDENTIAL FLORIDA, INC., by and through its undersigned counsel, files its Answer and Affirmative Defenses to Count X Only of Plaintiff’s Second Amended Complaint. For purposes of this Answer, all allegations not specifically admitted are deemed denied. COUNT X – COMPUTER ABUSE AND DATA RECOVERY ACT 87. Defendant realleges and reincorporates its responses to paragraphs 1-10, 19, 24- 25, 33(B), (D) and (E), 37-39, 46 and 85, included in Defendant’s prior Answer filed to Second Amended Complaint. 88. Denied. 89. Denied. 90. Denied. Page 1 COLE, SCOTT & KISSANE, P.A. 11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 CASE NO.: 20-CA-010043, Div A 91. Denied. 92. Denied. 93. Denied. 94. Denied. 95. Denied. 96. Denied. 97. Denied. 98. Denied. Defendant denies each and every item of Plaintiff’s prayer for relief in Count X of the Second Amended Complaint. WHEREFORE, Defendant FIRSTSERVICE demands judgment in its favor, costs and attorney’s fees if it is found to be prevailing party on Count X of Plaintiff’s Complaint, pursuant to Chapter 668 of the Florida Statutes, and any other authority permitting recovering of attorney’s fees and costs as prevailing party on this cause of action, and such other relief as the Court deems appropriate. Affirmative Defenses 1. Count X fails to state a cause of action under the Computer Abuse and Data Recovery Act as Plaintiff fails to property allege the required elements and cannot its burden with respect to establishing a prima facie claim under this statute. 2. Plaintiff cannot prove access through a technological access barrier. Page 2 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX 11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 CASE NO.: 20-CA-010043, Div A 3. Computer Abuse and Data Recovery Act was created by legislature because of computer hacking. Defendant is not a computer hacker and this dispute has nothing to do with computer hacking. 4. Defendant was acting in good faith at all times and there was no intentional or harmful act whatsoever. 5. Plaintiff has no damages, and any alleged damages are too speculative to ascertain. 6. Per Florida Statute Section 668.802(5)(e), loss is defined as profits earned by violator as a result of the alleged violation under the Computer Abuse and Discovery Act. Defendant denies that any violation occurred, and there were no profits earned from any alleged violation. Damages are therefore precluded because Defendant did not earn any profits as a result of the alleged violation of the Computer Abuse and Data Recovery Act. 7. Defendant did not possess the required knowledge or intent that is required to prove a violation under the Computer Abuse and Data Recovery Act. 8. Plaintiff’s claim is moot and Plaintiff lacks standing to bring its claim. 9. Defendant has returned all information, emails or data that Plaintiff is requesting. The alleged dispute at this point is regarding the format in which it was returned. Page 3 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX 11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 CASE NO.: 20-CA-010043, Div A Demand for Jury Trial Defendant demands a jury trial for all claims so triable. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 7th day of November, 2022, a true and correct copy of the foregoing was filed with the Clerk of Hillsborough County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Francis E. Friscia, Esq., Friscia & Ross, P.A., ffriscia@frpalegal.com;bmachado@frpalegal.com, 5550 W. Executive Drive, Suite 250, Tampa, FL 33609, (813) 286-0888/(813) 286-0111 (F), Attorney for Plaintiff, Sun City Center West Master Association, Inc., Michael Kolcum, Esq., Adams & Reese LLP, Attorney for Plaintiff, Sun City Center West Master Association, Inc., Eric Partlow, Esq., Adam & Reese, LLP, Eric.Partlow@arlaw.com, 101 East Kennedy Boulevard, Suite 4000, Tampa, FL 33602, (813) 402-2880/(813) 402-2887 (F), Attorney for Plaintiff, Sun City Center West Master Association, Inc., Alan S. Rosenberg, Esq., Koleos Rosenberg McMahon, P.L., asr@krmlegalgroup.com;gregory@krmlegalgroup.com, AmTrust Bank Building, 8211 West Broward Boulevard, Suite 330, Plantation, FL 33324, (954) 474- 9929/(954) 474-9959 (F), Attorney for Defendant, FirstService Residential Florida, Inc. and Steven W. Teppler, Esq., Mandenbaum Salsburg, PA, Steppler@lawfirm.ms, 3 Becker Farm Road, Suite 105, Roseland, NJ 07068, (973) 736-4600, Attorney for Plaintiff, Sun City Center West Master Association, Inc.. Page 4 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX 11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 CASE NO.: 20-CA-010043, Div A COLE, SCOTT & KISSANE, P.A. Counsel for Defendant FIRSTSERVICE RESIDENTIAL FLORIDA, INC. 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 864-9324 Facsimile (813) 286-2900 Primary e-mail: brian.rubenstein@csklegal.com Secondary e-mail: kristina.digioia@csklegal.com Alternate e-mail: joanne.delvalle@csklegal.com By: /s/ Brian Rubenstein BRIAN D. RUBENSTEIN Florida Bar No.: 16997 KRISTINA M. DIGIOIA Florida Bar No.: 1022110 1918.2349-00 Page 5 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX 11/7/2022 3:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5