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eFile Accepted: 01/08/2015 02:47 PM
Filing # 22323361 E-Filed 01/08/2015 02:01:11 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
FIRST LIDO CONDOMINIUM, INC.,
a Florida not-for-profit corporation,
Plaintiff,
VS. CASE NO. 2014-CA-004931-NC
CLO-ANN GARRISON; and
BANK OF AMERICA, NA,
Defendants.
COMES NOW Plaintiff FIRST LIDO CONDOMINIUM, INC., by and through their
undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, and requests
Defendant, CLO-ANN GARRISON, to produce the following documents or other items to The
Law Offices of Lobeck & Hanson, P.A., 2033 Main Street, Suite 403, Sarasota, Florida 34237,
within thirty (30) days from the date of service hereof.
DEFINITIONS
For purposes of this request for production of documents, the following definitions shall
apply unless otherwise specifically stated:
1. The word “document” shall mean any written or graphic matter or other means of
preserving thought or expression, and all tangible things from which information can be
processed or transcribed, including, but not limited to, correspondence, memoranda, notes,
messages, letters, telegrams, teletyped messages, bulletins, diaries, chronological data, minutes,
books, reports, charts, ledgers, invoices, worksheets, receipts, computer print-outs, schedules,
affidavits, contracts, transcripts, surveys, graphic representations of any kind, photographs,
graphs, microfilm, video tapes, electric or magnetic recordings, motion pictures or other films.
2. “Person(s)” means any natural person or any legal entity, including but not limited
to, a corporation, partnership and unincorporated association, and any officer, director,
employee, agent or other person acting or purporting to act on its behalf.3. “And” and “Or” shall be construed disjunctively or conjunctively as necessary in
order to bring within the scope of each request all documents or other items which might
otherwise be construed to be outside of the scope.
4. “You” and “your” means Clo-Ann Garrison, her agents, employees, consultants,
attorneys and all other persons acting or purporting to act on its behalf.
5. The “subject property”, as used herein, means 1900 Ben Franklin Drive, Unit 304,
Sarasota 34236, Sarasota County, Florida.
6. The “Association” means First Lido Condominium, Inc.
INSTRUCTIONS
1. In producing documents requested herein, you shall produce documents in full,
without abridgment, abbreviation or expurgation of any sort.
2. All documents shall be segregated in accordance with the numbered and lettered
paragraphs and sub-paragraphs herein.
3. All documents requested herein which have been destroyed, placed beyond your
control, or otherwise disposed of shall be identified by:
. author(s)
. addressee(s)
date
type of document
. subject matter
number of pages
. number of attachments or appendices
. indicated or blind copies
. all persons to whom distributed, shown or explained
j. date of destruction or other disposition
k. reason for destruction or other disposition
‘rostge mo Ro op|. person authorizing destruction or other disposition
m. person destroying or otherwise disposing of document
n. if not destroyed, person in possession of document otherwise disposed of.
4. This request for production of documents is continuing, and any document
contained or located subsequent to production which would have been produced had it been
available or its existence known at the time is to be supplied forthwith.REQUEST FOR PRODUCTION
1. Any and all correspondence or other written communication including e-mail
communications by and between you and the Association from January 1, 2013 to present.
2. Any and all Minutes of Board of Directors or Annual Meeting Minutes for the
Association for meetings conducted from January 1, 2013 to present, together with any notice(s),
and agenda(s) for each such meeting.
3. Any and all correspondence, including e-mail and other written communications
by and between you and Elmore Program representatives.
4. Any and all applications for loan approval and responses, if any, from the Elmore
Program. oe
5. Any correspondence by and between you and any mortgage company or other
financial institution for refinancing the mortgage encumbering the condominium unit that is the
subject of these proceedings.
6. Any correspondence or communications by or between you and any third party
mortgage company or other financial institution concerning financing of the condominium unit
that is the subject of these proceedings.
7. Any and all applications for approval and approvals, if any, from any third party
mortgage company or other financial institution pertaining to the refinancing of the mortgage
encumbering the condominium unit that is the subject of these proceedings.
8. Any and all documents or other items that evidence your claim that the
condominium unit that is the subject of these proceedings is your homestead property.
9. All documents or other items that evidence that the Board of Directors of the
Association or any of its members “hid known information from the ownership” regarding
repairs, defects or the condition of the common elements within the Condominium.
10. Any and all correspondence, e-mails, or other written communication by or
between you and any Board member of the Association from January 1, 2013 to present.
11. All documents or other items that evidence your ownership of the condominium
unit that is the subject of these proceedings (i.e. Unit 304 Arlington House of Lido Harbor, a_
Condominium), including any Warranty Deed or other instrument of conveyance.
12. Any and all documentation of payment of the monthly maintenance assessments
due the Association from July 1, 2013 to present including, but not limited to, cancelled checks,
wire transfer receipt, and the like.
13. Any and all documentation of payment of any special assessments due the
Association from January 1, 2014 to present including, but not limited to, cancelled checks, wire
transfer receipt, and the like.14. Any correspondence, including attachments, received from counsel for the
Association concerning unpaid condominium assessments, together with any written response
thereto.
15. Any document or other item, including specifically correspondence, requesting
records from the Association “to support assessments” as alleged in paragraph 21 of Defendant’s
Affirmative Defenses.
16. | Any documents or other items requesting supporting documents, statement of
known future special assessments and proof of insurance as asserted in paragraph 23 of
Defendant’s Affirmative Defenses.
17. Any document or other item in which Defendant has requested a statement of
known special assessments as asserted in paragraph 24 of Defendant’s Affirmative Defenses.
18. Any document or other item notifying the Association that the Elmore Program
pays existing expenses and up to twelve months of future assessments as alleged in paragraph 25
of Defendant’s Affirmative Defenses.
19. Any documents or other items supporting the Defendant’s contentions in
paragraph 26 of Defendant’s Affirmative Defenses.
20. All documents of other items by which Plaintiff has been requested to supply
proof of insurance for the past five years, history of all special assessments for the preceding
seven years and nay anticipated/known special assessments for the following twelve months,
together with documentation from Elmore or another financing entity or program requiring such
information.
21. Any and all documents evidencing Plaintiff's “refusal to furnish legally obligated
information to Defendant” as alleged in paragraph 28 of Defendant’s Affirmative Defenses.
22. A-copy of any e-mail from Plaintiff's counsel dated on or about October 7, 2014
as alleged in paragraph 29 of Defendant’s Affirmative Defenses.
23. Acopy of any power of attorney issued by Defendant to her son, Mark Garrison.
24. A copy of any authorization including a power of attorney authorizing Mark
Garrison to act as agent or attorney-in-fact for Defendant regarding refinancing of Defendant’s
subject condominium unit.
25. Any authorization provided by Defendant to representatives of the Elmore
Program to allow Mark Garrison to act on her behalf, including but not limited to, any power of
attorney.
26. Any and all documents and other items evidencing and identifying any alleged
unlawful special assessment.27. Any and all documents or other items evidencing “Defendant’s opposition to
unlawful assessments and reckless spending by the Plaintiff's Board of Directors” as alleged in
in paragraph 32 of Defendant’s Affirmative Defenses.
28. Any and all documents that support Defendant’s Affirmative Defenses not
expressly requested herein.
29. Any documents or other items identified or referenced in your answers to
Plaintiff's Interrogatories.
30. Any and all documents or other items that you intend to introduce into evidence
_ or otherwise utilize at the trial in this case.
MARK A. HANSON, ESQUIRE
Florida Bar No. 0472182
The Law Offices of Lobeck & Hanson, P.A.
2033 Main Street, Suite 403
Sarasota, Florida 34237
Tel 941-955-5622/Fax 941-951-1469
Primary: mhanson@lobeckhanson.com
Secondary: jwilson@lobeckhanson.com
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Alan
Borden, Esquire, 3001 N. Rocky Point Drive East, Suite 200, Tampa, Florida 33607 by
electronic service through the E-Filing Portal to aborden@lawborden.com this 5 day of
January, 2015.
MARK A. STANSOX “ESOUIRE
w:\first lido\garrison, clo-ann (unit 304) fc (pat)\rfp.doc
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eFile Accepted: 01/08/2015 02:47 PM Filing # 22323361 E-Filed 01/08/2015 02:01:11 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA FIRST LIDO CONDOMINIUM, INC., a Florida not-for-profit corporation, Plaintiff, VS. CASE NO. 2014-CA-004931-NC CLO-ANN GARRISON; and BANK OF AMERICA, NA, Defendants. COMES NOW Plaintiff FIRST LIDO CONDOMINIUM, INC., by and through their undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, and requests Defendant, CLO-ANN GARRISON, to produce the following documents or other items to The Law Offices of Lobeck & Hanson, P.A., 2033 Main Street, Suite 403, Sarasota, Florida 34237, within thirty (30) days from the date of service hereof. DEFINITIONS For purposes of this request for production of documents, the following definitions shall apply unless otherwise specifically stated: 1. The word “document” shall mean any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including, but not limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletyped messages, bulletins, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, worksheets, receipts, computer print-outs, schedules, affidavits, contracts, transcripts, surveys, graphic representations of any kind, photographs, graphs, microfilm, video tapes, electric or magnetic recordings, motion pictures or other films. 2. “Person(s)” means any natural person or any legal entity, including but not limited to, a corporation, partnership and unincorporated association, and any officer, director, employee, agent or other person acting or purporting to act on its behalf.3. “And” and “Or” shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of each request all documents or other items which might otherwise be construed to be outside of the scope. 4. “You” and “your” means Clo-Ann Garrison, her agents, employees, consultants, attorneys and all other persons acting or purporting to act on its behalf. 5. The “subject property”, as used herein, means 1900 Ben Franklin Drive, Unit 304, Sarasota 34236, Sarasota County, Florida. 6. The “Association” means First Lido Condominium, Inc. INSTRUCTIONS 1. In producing documents requested herein, you shall produce documents in full, without abridgment, abbreviation or expurgation of any sort. 2. All documents shall be segregated in accordance with the numbered and lettered paragraphs and sub-paragraphs herein. 3. All documents requested herein which have been destroyed, placed beyond your control, or otherwise disposed of shall be identified by: . author(s) . addressee(s) date type of document . subject matter number of pages . number of attachments or appendices . indicated or blind copies . all persons to whom distributed, shown or explained j. date of destruction or other disposition k. reason for destruction or other disposition ‘rostge mo Ro op|. person authorizing destruction or other disposition m. person destroying or otherwise disposing of document n. if not destroyed, person in possession of document otherwise disposed of. 4. This request for production of documents is continuing, and any document contained or located subsequent to production which would have been produced had it been available or its existence known at the time is to be supplied forthwith.REQUEST FOR PRODUCTION 1. Any and all correspondence or other written communication including e-mail communications by and between you and the Association from January 1, 2013 to present. 2. Any and all Minutes of Board of Directors or Annual Meeting Minutes for the Association for meetings conducted from January 1, 2013 to present, together with any notice(s), and agenda(s) for each such meeting. 3. Any and all correspondence, including e-mail and other written communications by and between you and Elmore Program representatives. 4. Any and all applications for loan approval and responses, if any, from the Elmore Program. oe 5. Any correspondence by and between you and any mortgage company or other financial institution for refinancing the mortgage encumbering the condominium unit that is the subject of these proceedings. 6. Any correspondence or communications by or between you and any third party mortgage company or other financial institution concerning financing of the condominium unit that is the subject of these proceedings. 7. Any and all applications for approval and approvals, if any, from any third party mortgage company or other financial institution pertaining to the refinancing of the mortgage encumbering the condominium unit that is the subject of these proceedings. 8. Any and all documents or other items that evidence your claim that the condominium unit that is the subject of these proceedings is your homestead property. 9. All documents or other items that evidence that the Board of Directors of the Association or any of its members “hid known information from the ownership” regarding repairs, defects or the condition of the common elements within the Condominium. 10. Any and all correspondence, e-mails, or other written communication by or between you and any Board member of the Association from January 1, 2013 to present. 11. All documents or other items that evidence your ownership of the condominium unit that is the subject of these proceedings (i.e. Unit 304 Arlington House of Lido Harbor, a_ Condominium), including any Warranty Deed or other instrument of conveyance. 12. Any and all documentation of payment of the monthly maintenance assessments due the Association from July 1, 2013 to present including, but not limited to, cancelled checks, wire transfer receipt, and the like. 13. Any and all documentation of payment of any special assessments due the Association from January 1, 2014 to present including, but not limited to, cancelled checks, wire transfer receipt, and the like.14. Any correspondence, including attachments, received from counsel for the Association concerning unpaid condominium assessments, together with any written response thereto. 15. Any document or other item, including specifically correspondence, requesting records from the Association “to support assessments” as alleged in paragraph 21 of Defendant’s Affirmative Defenses. 16. | Any documents or other items requesting supporting documents, statement of known future special assessments and proof of insurance as asserted in paragraph 23 of Defendant’s Affirmative Defenses. 17. Any document or other item in which Defendant has requested a statement of known special assessments as asserted in paragraph 24 of Defendant’s Affirmative Defenses. 18. Any document or other item notifying the Association that the Elmore Program pays existing expenses and up to twelve months of future assessments as alleged in paragraph 25 of Defendant’s Affirmative Defenses. 19. Any documents or other items supporting the Defendant’s contentions in paragraph 26 of Defendant’s Affirmative Defenses. 20. All documents of other items by which Plaintiff has been requested to supply proof of insurance for the past five years, history of all special assessments for the preceding seven years and nay anticipated/known special assessments for the following twelve months, together with documentation from Elmore or another financing entity or program requiring such information. 21. Any and all documents evidencing Plaintiff's “refusal to furnish legally obligated information to Defendant” as alleged in paragraph 28 of Defendant’s Affirmative Defenses. 22. A-copy of any e-mail from Plaintiff's counsel dated on or about October 7, 2014 as alleged in paragraph 29 of Defendant’s Affirmative Defenses. 23. Acopy of any power of attorney issued by Defendant to her son, Mark Garrison. 24. A copy of any authorization including a power of attorney authorizing Mark Garrison to act as agent or attorney-in-fact for Defendant regarding refinancing of Defendant’s subject condominium unit. 25. Any authorization provided by Defendant to representatives of the Elmore Program to allow Mark Garrison to act on her behalf, including but not limited to, any power of attorney. 26. Any and all documents and other items evidencing and identifying any alleged unlawful special assessment.27. Any and all documents or other items evidencing “Defendant’s opposition to unlawful assessments and reckless spending by the Plaintiff's Board of Directors” as alleged in in paragraph 32 of Defendant’s Affirmative Defenses. 28. Any and all documents that support Defendant’s Affirmative Defenses not expressly requested herein. 29. Any documents or other items identified or referenced in your answers to Plaintiff's Interrogatories. 30. Any and all documents or other items that you intend to introduce into evidence _ or otherwise utilize at the trial in this case. MARK A. HANSON, ESQUIRE Florida Bar No. 0472182 The Law Offices of Lobeck & Hanson, P.A. 2033 Main Street, Suite 403 Sarasota, Florida 34237 Tel 941-955-5622/Fax 941-951-1469 Primary: mhanson@lobeckhanson.com Secondary: jwilson@lobeckhanson.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Alan Borden, Esquire, 3001 N. Rocky Point Drive East, Suite 200, Tampa, Florida 33607 by electronic service through the E-Filing Portal to aborden@lawborden.com this 5 day of January, 2015. MARK A. STANSOX “ESOUIRE w:\first lido\garrison, clo-ann (unit 304) fc (pat)\rfp.doc