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Filing # 170325064 E-Filed 04/04/2023 03:35:10 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA.
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
VS.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE,
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
/
DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR
RELIEF FROM, AND TO VACATE, FINAL JUDGMENT
Defendant, HOOTERS OF PORT CHARLOTTE, INC. (“HPC”), by and through its
undersigned counsel, pursuant to Rules 1.540(b)(1), Florida Rules of Civil Procedure, hereby moves
for relief from, and to vacate, the Final Judgment entered against HPC in this cause, predicated upon
the excusable neglect of the undersigned counsel for HPC.
I FACTS
1 On January 13, 2023, a Non-binding Arbitration was held in this matter.
2 On February 3, 2023, the Arbitrator filed his Notice of Service of Arbitrator’s Sealed
Non-Binding Arbitration Findings and Award (the “Arbitration Award”), making February
27, 2023
the technical deadline for the filing of a Motion for Trial De Novo to essentially reject the
Arbitration Award. See, Fla.R.Civ.P. 1.820(h); and Fla.R.Civ.P. 1.090(a);
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Fla.R.Gen.Prac.&Jud.Admin. 2.514(a)(1).'
3 On February 27, 2023, the undersigned, on behalf of HPC, prepared, completed,
signed, dated, and finalized HPC’s Motion for Trial De Novo rejecting the Arbitration Award (the
“Motion” or “Motion for Trial De Novo”). On February 27, 2023, the undersigned, on behalf of
HPC, was authorized and fully intended to formally file and serve the Motion for Trial De Novo on
February 27, 2023, and in fact uploaded the Motion into the Florida Courts E-filing Portal (the
“Portal”) during the early afternoon of February 27, 2023. The Motion for Trial De Novo was
literally sitting in the Portal’s queue. However, the undersigned accidentally and inadvertently failed
to complete the submission/filing process in the Portal due to the undersigned having become
distracted and preoccupied with other litigation matters and work-related preparations for a
longstanding, pre-paid, week-long, out-of-state, family vacation scheduled to commence early on
the morning of March 4, 20237
4 Notwithstanding the planned vacation, the undersigned had numerous important
litigation events scheduled between February 28, 2023 and the end of the vacation (including, but
‘Rule 2.514 states in pertinent part,
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a
longer unit of time:
(A) begin counting from the next day that is not a Saturday, Sunday, or legal
holiday;
(B) count every day, including intermediate Saturdays, Sundays, and legal
holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or
legal holiday, . . . the period continues to run until the end of the next day that is
not a Saturday, Sunday, or legal holiday ....
(Emphasis added).
The undersigned was scheduled to begin driving his wife and small children from South
Florida to West Virginia on the morning of March 4, 2023, only to return to South Florida on or
about March 12, 2023.
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not limited to, (i) an important Mediation in a lawsuit where the damages are alleged to be tens of
millions of dollars, (ii) no fewer than four (4) depositions, (iii) a Calendar Call, and (iv) a Case
Management Conference), the preparation for which distracted and preoccupied the undersigned
from completing the filing prior to the end of February 27, 2023.
5 At about 3:00 A.M. on February 28, 2023, the undersigned abruptly awoke to the
realization that the filing of the Motion for Trial De Novo had not been completed and, after
changing the date on the Motion to reflect that it was three (3) hours past midnight, completed the
filing of the Motion at 3:14 A.M. on February 28, 2023. A copy of the Motion for Trial De Novo
is attached hereto as Exhibit “A”. The “E-Filed” stamp states “02/28/2023 03:14:02 AM”.
(Emphasis added). The undersigned accidentally missed the deadline by only three (3) hours. (The
above-referenced facts are set forth in the undersigned’s Affidavit attached hereto as Exhibit “B”.)
I LAW
6. Rule 1.540 states in pertinent part,
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud;
etc. On motion and upon such terms as are just, the court may relieve a party or a
party's legal representative froma final judgment, decree, order, or proceeding for the
following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect; . . .
Fla.R.Civ.P. 1.540(b)(1) (emphasis added).
7
According to Trawick’s Florida Practice and Procedure,
Excusable neglect has no precise definition. It depends on the circumstances.
Factors to be considered are the diligence of the moving party, the nature of the
proceeding sought to be vacated, the elapsed time periods in the proceeding and the
excuse given for failing to properly act in the first instance. When applied to errors
of an attorney, excusable neglect means those errors and omissions that are excusable
when considered in the light of generally accepted practices with which the attorney
is familiar and on which he has a right to rely.
Trawick, Fla. Prac. & Proc. § 27:3 (2022-2023 ed.).
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8 To determine whether there was excusable neglect, the Court should consider the
following factors: whether there was an adjudication of the issues on the merits; the length of the
delay; whether the judgment is for a considerable sum; whether “defense counsel was absorbed in
final preparations for two impending jury trials”; and whether defense counsel acted promptly to
rectify the situation. See, Florida Inv. Enterprises, Inc. v. Kentucky Co., 160 So. 2d 733, 737 (Fla.
1st DCA 1964); Trawick, Fla. Prac. & Proc. § 27:3 (2022-2023 ed.).
9. In the case at bar, while some of Hooters’ positions were considered by an Arbitrator
(who is not bound by the Rules of Evidence) in an informal setting, there has not been an
adjudication of the issues on the merits; the length of the delay was only three (3) hours; the sum of
the Arbitrator’s award is considerable (this is a wrongful death case); and the undersigned
unquestionably acted promptly in the preparation and filing of HPC’s Motion for Trial De Novo and
this Motion for Relief.
10. In City of Ocala v. Heath, 518 So. 2d 325 (Fla. 5th DCA 1987), the illness of the
attorney and adverse effects of his medication causing a default, were determined to be excusable
neglect and grounds for vacating or setting aside a judgment, decree, or order pursuant to Florida
Rule of Civil Procedure 1.540(b)(1). /d. at 326.
11. Likewise, the court in Ledwith v. Storkan, 2 F.R.D. 539 (D. Neb. 1942) —another case
cited by Trawick, Fla. Prac. & Proc. § 27:3 (2022-2023 ed.) regarding excusable neglect — observed
that “continuous preoccupation with an important trial” may suffice for excusable neglect. Id. at
544,
12. In the case at bar, there was every intention to complete the filing of the Motion for
Trial De Novo on February 27, 2023. Indeed, the Motion was signed and uploaded. However, the
undersigned’s current, temporary circumstances caused him to become momentarily (albeit
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significantly) preoccupied with preparations and other significant litigation obligations, which
resulted in a three (3)-hour delay in the filing of the Motion for Trial De Novo.
13. While the accidental three (3)-hour delay in filing the Motion for Trial De Novo did
not prejudice any of the other parties, the denial of this Motion for Relief and Motion for Trial De
Novo would result in manifest injustice.
14. "A party against whom judgment has been entered pursuant to the rule requiring entry
of judgment when the party fails to move for a trial de novo within twenty days of service of the
arbitrator's decision is entitled to file a motion to vacate judgment" under rule 1.540(b), Florida
Rules of Civil Procedure, predicated upon excusable neglect. Halpern v. Houser, 949 So.2d 1155,
1157-58 (Fla. 4th DCA 2007). “Therefore, in accordance with our decisions in Steinhardt and
Zagorski, we conclude that this matter must be remanded to allow the Housers' counsel the
opportunity to file a sworn Rule 1.540(b) motion and for the trial court to conduct an evidentiary
hearing on the issue of excusable neglect." /d. at 1158.
15. The 2nd DCA, in Kalman v. Pasco-Hernando Surgical Associates, P.L., 974 So0.2d
1219 (Fla. 2nd DCA 2008), agreed with and relied upon Halpern. It held that the trial court had
jurisdiction to grant relief pursuant to Rule 1.540, from a judgement entered against the defendant
after the defendant failed to file a motion for trial in accordance with Florida Rule of Civil Procedure
1.820(h) within twenty days of the service of an arbitrator's decision in a nonbinding arbitration.
Kalman and Halpern are controlling and binding, certainly at least if and when the Court enters a
judgment.
Til. MERITORIOUS DEFENSES
A, Liability of the Uber Driver.
HPC has meritorious defenses. For example, Nicole Cimmino (“Cimmino”), who was a
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passenger in the vehicle driven by Pierre Louis (i.e., the Uber driver), the same vehicle carrying the
Deceased at the time of the fatal motor vehicle accident, testified as follows:
13 ++ +Q.: Okay.: You mentioned that you were livid at the
14 Uber driver after the accident, can you explain to me
15 what was going through your mind or what made you feel
16 that way?
17 - A. I think he pulled into that lane too soon. I
18 think if Mark Barcia -- he couldn't do anything, he was
19 driving fast.- The Uber driver seen that he was in the
20 lane and had enough time to get into that lane and clear
21 it.- I believe the Uber driver was negligent as well.
(Cimmino Dep. Tr. 30 [emphasis added]).
13 +++Q.: To be clear, the driver, the Uber driver had not
14 - completed his turn into the left lane when the collision
1S ~ -occurred?
16 - ++ A. No, hence the point of the impact.
(Cimmino Dep. Tr. 42).
In other words, Barcia was not entirely at fault for the accident. There is strong evidence that
a non-party was at fault and liability should be apportioned to the driver of the other vehicle,
predicated upon Cimmino’s eyewitness account.
B. HPC Did Not Knowingly Serve a Habitual Drunkard
HPC was not negligent and did not knowingly serve someone habitually addicted to the use
of alcohol. Michael Lauff (“Lauff”) testified,
21---Q.: - When you had -- not talking -- before
22: December 2019, okay, when you'd go to these sort of
23- half-day holiday lunches, okay, how was Mark behaved at
24- the Hooters?
25: ++ A. + He would be pretty decent, talk about work.
-1- have a beer or two, a couple chicken wings, some french
:2: fries, pretzel bites.- | would never stay more than.
3: you know, enough to eat my food, get my food and eat.
:4- so no more than an hour.
5 - Q.: - Okay.: On the occasions you were there with
-6: Mark before December 3 1st, 2019, had you ever seen him
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:7- act drunk at Hooters?
8 A. - No.: No, sir.
(Lauf Dep. Tr. 20-21 [emphasis added]).
Tom Hughes (“Hughes”), an employee of HPC on the date of the incident testified,
11 Q.: -Do you know Mark Barcia?
12 -A.: -In what relation, sir?
13 Q.: -Did you know him as a regular customer
14 at Hooters?
1S A. -Yes.: I've seen him come in a few
16 times, yes, sir.
17 Okay.: What did he look like?
18 Short, bald-head man.
19 And what do you remember about him?
20 Nothing particular.
21 Did you ever talk to him?
22 Just as a regular guest, yeah, only
23 ‘when it comes to restaurant stuff or if Ineeded my
24 car fixed because I knew that he worked at a local
25 tepair shop.
(Hughes Dep. Tr. at 16).
Brrr Q.: Had you ever had to reprimand him in
-4- -any way while he was at Hooters before December 31,
“5+ -2019?
A. ‘Not that I can recall, sir.
+ -Q.: ‘Had you or your staff ever had to cut
im off from alcohol service prior December 31,
-9- -2019 at Hooters?
10 A. ‘Not that I can recall, sir.
(Hughes Dep. Tr. at 18).
Samantha Monnier (“Monnier”), also an employee on the date of the incident, testified,
16: - - Q.: Did you personally serve Mark Barcia on December
17 31st, 2019?
18 - A. No, not that I recall.
19 + Q.: Do you recall him coming into Hooter's on
20 December 31st, 2019?
21 - A.- Imean, very vaguely. Not -- I couldn't tell you
22 if we had a conversation or anything.- Maybe if he came
23 in I would have said hi, and that's about it.- If I
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24- -wasn't serving him, I really wouldn't have spoken to him
25- ‘that much.
(Monnier Dep. Tr. at 15).
13 +++ Q.- How often would he come in, to the best of your
14 recollection, prior to December 31st, 2019?
1S - A.- Not often.- Maybe, like, once or twice a month I
16 feel like I'd see him.
17 - Q.: What do you recall about him?
18 - A. He was just a big, nice guy.: That's all I really
19 -- he was always respectful.: I mean, never had a
20. problem with him. He never seemed to be drunk.: He was
21 always a good guy.: Never had any problems.
(Monnier Dep. Tr. at 16 [emphasis added]).
11 ++ +Q.: Okay.: And there's been some testimony in this
12 case that Mark Barcia was a loud and vulgar person, was
13 that your experience with him?
14 MS. GERLICH:: Object to form.
1S - A. No, not at all.- [don't think I ever recall him
16 being loud or obnoxious or anything.- I mean, we deal
17 with some nasty people.: I wouldn't consider him one of
18 them at all.
(Monnier Dep. Tr. at 17 [emphasis added]).
Likewise Veronica Santiago (“Santiago”), another HPC employee on the date of the incident,
testified,
24 ++ +Q.: Okay.: Did you know Mark Barcia as a regular
25 customer at Hooter's?
- A. I've seen him from time to time, but not like as
a regular, I would say, but I've seen him from time to
time.
-Q.: Okay.: Forgive my language, but there's been some
testimony in this case that Mark Barcia was allowed and
often time a vulgar person, was that consistent with
your experience with him when he would come into
Hooter's?
- A.: I thought he was pretty chill, never got too loud
10. honestly, not that I recall and I worked pretty often.
11 -Q.: What do you recall about the times that Mr.
12: Barcia came into Hooter's before December 31st, 2019?
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13-- - A.- I'm going to be honest, they were not really
14: -memorable.- I remembered him in there.- I never paid
15- -attention.: It wasn't loud or obnoxious to me any ways.
(Santiago Dep. Tr. At 19-20 [emphasis added]).
15: - - Q.: But he appeared sober to you when he got there?
16: - - A. Like he just woke up.: He seemed completely
17: -normal.
(Santiago Dep. Tr. At 49 [emphasis added]).
In other words, there is strong evidence that HPC did not violate Florida’s dram shop statute.
The above-referenced deposition testimony and case law are attached hereto and filed in support of
the Motion.
WHEREFORE, for the aforementioned reasons, Defendant, HOOTERS OF PORT
CHARLOTTE, INC., respectfully requests that this Court enter an Order granting this Motion;
granting HOOTERS OF PORT CHARLOTTE, INC. relief from the Final Judgment entered against
it in this cause; vacating the Final Judgment entered against HOOTERS OF PORT CHARLOTTE,
INC. in this cause, predicated upon the excusable neglect of the undersigned counsel, and for such
other and further relief as the Court deems just and proper.
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CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail on this 4" day of April, 2023 to: All Counsel of Record on the Attached Service
List.
RITTER CHUSID, LLP
Counsel for Defendant, HOOTERS OF PORT
CHARLOTTE, INC.
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
By: /s/_ Joshua W._Brankamp
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mchusid@ritterchusid.com
Joshua W. Brankamp, Esq.
Florida Bar No.: 31315
jbrankamp@ritterchusid.com
Michael Rubin, Esq.
Florida Bar No.: 1027903
mrubin@ritterchusid.com
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SERVICE LIST
CASE NO.: 21-000410-CA
Randall L. Spivey, Esq.
Spivey Law Firm, Personal Injury Attorneys, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
Tel: 239-337-7483
Fax: 239-337-7484
andall@spiveylaw.com
Counsel for Plaintiff
Howard William Holden, Esq.
Luks Santaniello, et al.
1422 Hendry Street, 3" Floor
Fort Myers, Florida 33901
Tel: 239-561-2828
Fax: 239-561-2841
hholden@Is-law.com
Counsel for BWR North Port, LLC
T.R. Unice Jr., Esq.
Unice, Salzman, Jensen, P.A.
1815 Little Road
Trinity, FL 34655
Tel: 727-723-3772
ervice@unicesalman.com
Counsel for Mark Barcia
Yasmine Kirollos, Esq.
Conroy Simberg
12730 New Brittany Blvd., Suite 300
Fort Myers, FL 33907
Tel: 239-337-1101
ykirollos@conroysimberg.com
Counsel for Jackmont Hospitality, Inc. and Atlanta
Restaurant Partners, LLC d/b/a TGI Fridays
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Filing # 167660405 E-Filed 02/28/2023 03:14:02 AM
EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA.
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE,
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.'S
MOTION FOR TRIAL DE NOVO
Defendant, Hooters Of Port Charlotte, Inc. (“Hooters”), by and through undersigned counsel,
and pursuant to section §44.103(5), Florida Statutes, and Rule 1.820(h), Florida Rules of Civil
Procedure, shows that this action was arbitrated in non-binding arbitration and hereby moves for a
trial de novo by the Court.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 28th day of February, 2023, a true and correct copy
of the foregoing was filed with the Clerk 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 on
the attached Service List.
RITTER CHUSID, LLP
Counsel for Defendant, Hooters of Port Charlotte,
Inc.
5850 Coral Ridge Drive, Suite 201
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Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
By: /s/ Joshua Brankamp
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mchusid@ritterchusid.com
Joshua Brankamp, Esq.
Florida Bar No.: 31315
jbrankamp@ritterchusid.com
Michael Rubin, Esq.
Florida Bar No.: 1027903
mrubin@ritterchusid.com
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SERVICE LIST
CASE NO.: 21-000410-CA
Randall L. Spivey, Esq.
Spivey Law Firm, Personal Injury Attorneys, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
Tel: 239-337-7483
Fax: 239-337-7484
andall@spiveylaw.com
Counsel for Plaintiff
Howard William Holden, Esq.
Luks Santaniello, et al.
1422 Hendry Street, 3 Floor
Fort Myers, Florida 33901
Tel: 239-561-2828
Fax: 239-561-2841
hholden@Is-law.com
Counsel for BWR North Port, LLC
Jeffrey D. Jensen, Esq.
T.R. Unice, Jr., Esq.
Unice Salzman Jensen, P.A.
South State Bank Building, 2" Floor
1815 Little Road
Trinity, Florida 34655
Tel: 727-723-3772
Fax: 727-723-1421
ervice@unicesalzman.com
jjensen@unicesalzman.com
siller@unicesalzman.com
dcantwell@unicesalzman.com
Counsel for Mark Barcia
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Yasmine Kirollos, Esq.
Conroy Simberg
12730 New Brittany Boulevard, Suite 300
Fort Myers, Florida 33907
Tel: 239-337-1101
Fax: 239-334-3383
eserviceftm@conroysimberg.com
ccasal@conroysimberg.com
ykirollos@conroysimberg.com
hbullen@conroysimberg.com
Counsel for Jackmont Hospitality, Inc.
W/b/a TGI Fridays and Atlanta Restaurants Partners
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EXHIBIT "B"
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE .
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT CHARLOTTE.
INC.’S MOTION FOR RELIEF FROM, AND TO VACATE, FINAL JUDGMENT
BEFORE ME the undersigned authority personally appeared, Joshua W. Brankamp, who
after being duly sworn deposed and said that the following is true and correct based on his own
personal knowledge:
1 Tam a junior partner at the law firm of Ritter Chusid, LLP (“Ritter Chusid”) and have
personal knowledge of the facts attested to in this Affidavit.
2. On February 27, 2023, I, on behalf of Defendant, Hooters of Port Charlotte, Inc.
(“HPC”), prepared, signed, and finalized HPC's Motion for Trial De Novo (the “Motion”) to reject
the Arbitration Award against HPC in the above-styled action.
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3 On February 27, 2023, I, on behalf of HPC, was authorized and fully intended to
formally file and serve HPC’s Motion for Trial De Novo on February 27, 2023, and in fact uploaded
the Motion to the Florida Courts E-filing Portal (the "Portal") during the early afternoon of February
27, 2023.
4 On February 27, 2023, the finalized Motion for Trial De Novo sat, downloaded, in
the Portal's queue for hours waiting for me to click the submit button. However, I had accidentally
and inadvertently failed to complete the submission/filing process in the Portal due to becoming
distracted and preoccupied with other litigation matters and work-related preparations for a
longstanding, pre-paid, week-long, out-of-state, family vacation scheduled to commence early on
the morning of March 4, 2023.
5 Attached as Exhibit “A” is a true and accurate copy of an e-mail receipt/verification
for the pre-paid vacation, with redactions to confidential information only, indicating that the room
in West Virginia was booked at all times material for March 5, 2023 through March 10, 2023.
6 Notwithstanding the pre-paid, longstanding vacation, I had numerous important
litigation events scheduled to take place during the vacation, and for which I was responsible for
preparing others to attend, between February 28, 2023 and the end of the vacation (including, but
not limited to, (i) an important Mediation in a lawsuit where the damages are alleged to be tens of
millions of dollars, and which the respective trial court has been entertaining a May 2023 Trial date,
(ii) no fewer than four (4) depositions, (iii) a Calendar Call, and (iv) a Case Management
Conference), the preparations for which distracted and preoccupied me from completing the filing
of the Motion for Trial De Novo prior to midnight on February 27, 2023.
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER * 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 « FAX 954-340-2210
2
7 Attached as composite Exhibit "B" are true and accurate copies of some of the
Notices relating to the above-referenced litigation events.
8 At about 3:00 A.M. on February 28, 2023, I abruptly awoke to the realization that the
filing of the Motion for Trial De Novo had not been completed on February 27, 2023 (the Motion
was still sitting in the Portal’s queue) and, after changing the date on the Motion for Trial De Novo
to reflect that it was three (3) hours past midnight, completed the filing of the Motion at 3:14 A.M.
on February 28, 2023. The Motion for Trial De Novo was filed no more than three (3) hours and
fifteen minutes after the midnight deadline, though the undersigned always fully intended to file the
Motion during the afternoon hours of February 27, 2023.
9 The reason for the three (3)-hour delay was my absorption in, and distraction and
preoccupation with, the above-referenced litigation obligations and preparations for upcoming
litigation events scheduled to occur during the vacation where I know from past experience internet
connectivity can at times be spotty and of poor quality making my preparations ahead of time all the
more important.
10. The week-long, pre-paid vacation was a very unique, irregular, and extremely unusual
undertaking for me, my preparations for which I am certain resulted in the three (3)-hour delay. To
the best of my recollection, I have only taken one other vacation of that duration in the last fifteen
(15) years. Furthermore, the amalgamation of all of the various and significant litigation events and
obligations, which were scheduled to take place during the vacation and for which I was preparing,
resulted in the three (3)-hour delay. At all times material, this was not business as usual, and the
undersigned became unusually and extremely preoccupied with serious litigation and other events,
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER * 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
3
which was what led to the delay
FURTHER AFFIANT SAYETH NOT,
baal
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of physical presence, this
YF day of Ail 2023, by Joshua W. Brankamp, who (select one)
Y is Personally Known or Produced as Identification.
ph, he Austh
(Signature $ Notary Public - State of Florida)
Denise Rosenbusch
(Print, Type, or Stamp Commissioned Name of Notary Public)
DENISE ROSENBUSCH
Commission # GG 367763
Expires December 15, 2023
Bonded Thru Troy Fain Insurance 800-385-7019
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER « $850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210
4
To:
Fw: New Snowshoe Mountain | Skt Resort in West Virginia Itinerary (38399269)
‘Tuesday, February 28, 2023 12:20:10 PM
—— Forwarded Message —-
From: Snowshoe Reservations
|@yahoo. com*| |@yahoo.com>
nt , October 2, 20: PM EDT
‘Subject: New Snowshoe Mountain | Ski Resort in West Virginia Itinerary (38399269)
"BO NOT REPLYTO THIS EMAIL"
CONFIRMED
Itinerary ID: 31 This ts an automated email being sent by Inntopia on behalf of "snowshoemitn. Com. Please use the appropriate
‘Contact information no! ‘any questions or comments.
Guest Information:
Brankamp
49th Court
Coral Springs, FL 33067
a jahoo.com
Thank you! Your reservation has been received. Please take a moment to review and ensure that all details are
correct. If you have any questions, please feel free to contact us at 877.441.4386. We look forward to seeing
you at check in and suggest bringing a copy of this confirmation with you. Please do not hesitate to reach out
with any questions prior to your arrival. if this is a 4 bedroom or larger this is just a reservation request. It will be
aviewed, and someone will get back to you as quickly as possible to review ages and number in your party and
to send you a rental agreement.
——
Fiurry of Savings
,
Snowshoes biggest discounts of the winter season are here! Book by October 6, 2022, to save 20% on lodging, 20% on
rentals, and 20% on lift tickets during your stay. Treat yourself to ultimate Snowshoe savings and let the countdown to winter
begin. We'll see you on the mountain. **In the fields above, ages are categorized as: Adults (13-74) and Children (5-12)"*
*Please Note! Lodging and Products will default to the least expensive option. If you want to modify an item in your package
you must use the blue change button located to the right of each item title.* *Blackout Dates: December 26,2022 - December
31, 2022 January 13, 2023 - January 15, 2023 February 17, 2023 - February 19, 2023 This offeris based on availability and
cannot be coinbined with other offers or promotions, other restrictions may apply. Offer is not redeemable for cash and is
limited to one use per customer. This offer is valid for stays between November 23, 2022 and March 27, 2023 and is based on
at least 2 consecutive night stays at any participating Snowshoe Classic managed vacation rental property. 3 Nights are
required for Brigham designation. Deposit and cancellation policies apply. Must purchase lodging to unlock rental and lift ticket
discount. Select Brigham’s are excluded from discount. Guest can only book lift tickets, at the guaranteed lowest price, for the
dates for which they already have lodging reservations. Lift tickets available for discounted price equals lodging reservation
‘max capacity multiplied by the length of stay. if lodging is cancelled tickets are nonrefundable and discount is void. For
example, if a guest is staying in a room that sleeps up to 4 people for 3 nights, 12 discounted fift tickets days are available for
booking -i.e. 4 3-day tickets = 12 days. Any additional lift tickets wil! not be sold at this time.
Itinerary
CONFIRMED
Flurry
of Savings
Brigham Collection Confirmation: 38399269. 1
(1) Allleghen springs #234
- Brigham One Jedroom ondo
Check In: 03/05/2023
Check Out: 03/10/2023
Adults: 2
Children: 4
Ages:
County Hotel/Motel Tax
Departure Clean
Facility Fee
Resort District Surcharge
Resort Fee
State/Regional Tax
Total
USD
Price =z
Taxes/Fees
Total USD
Package Savings
Payments
10/02/2022 VI XXXX-XXXK-XXXX:
TOTAL PAID USD
= a
Upcoming Payments Due for Confirmed Items
10/02/2022 $0.00
=
02/19/2023 Sa
‘Snowshoe Mountain | Ski Resort in West Virginia
P.O. Box 10, 10 Spawahon Drive
Brigham Collection
10 Snowshoe Drive
‘Snowshoe, WV 26209
Policies:
Brigham Collection
‘General Policy: Snowshoe tries to honor all special requests, but cannot guarantee specific unit numbers, locations, views, sleeping arrangements,
etc. due to maintenance issues or owner requests.
eee
Real Estate- Leam about owning property at Snowshoe Mountain or in the surrounding area. There are over 200 propertieson he marketat
‘Snowshoe and we can certainly find you a pieceof the mountain to call your own. Discover the many benefits of being a homeowner at Snowshoe.
To schedule a real estate tour or request information priorto your arrival please go to www snowshoemountainhomes.com.
7
- We reserve the right to correct any pricing errors.
- Age Requirements: 4 bedrooms and larger require at least one person 35 years or older to be responsible for the rental and must be present at the
time of check-in.
Written Cancellation Policy: 4 Bedroom & Larger ~ Cancellation Policy:
Cancellations made more than 60 days prior to the arrival date will receive a full refund. Cancellations made within 30-60 days priorto the arrival
date will forfeit their deposit. At 30 days of your arrival date any remaining balance owed will be charged to the credit card on file. No refunds, date
changes or downgrades will be available after this date. All refunds are less the cost of travel insurance (if purchased).
eri ce —
3 Bedroom & Smaller - Cancellation Poli
Cancellations made 15 days or more prior to the arrival date will receive a full refund, minus he cost of he travel insurance. If you did not purchase
insurance you will be charged a $100 cancella ion fee or your deposit, whicheveris less. At 14 days of your arrival date any remaining balance
‘owed will be charged to the credit card on file, No refunds, date changes or downgrades will be available after this date.
‘Written Deposit Policy: 4 Bedroom & Larger ~ Deposit Policy:
‘The deposit due at the time of booking equals 50% of he total lodging stay plus optional travel insurance. The remaining balance is due 30 days
priorto arrival. if you book within 30 days of arrival the full amount will be required at the time of booking.
Rental agreements are required for 4-Bedroom or Larger reservations. You will receive a call from one of our sales agents in orderto confirm the
booking details and discuss any group or age restrictions for the property. Once you receive your rental agreement, you must retum it within 7 days
or the reservation will be cancelled.
3 Bedroom & Smaller ~ Deposit Policy:
‘The deposit due at the time of booking equals 50% of he total lodging stay plus optional travel insurance. The remaining balance will be charged 14
days priorto your arrival date.
Reservations not paid in full priorto arrival are subject to cancellation and all money paid will be forfeited.
‘Check In: Check in begins at 4:00pm. A photo ID and valid credit card must be presented for any remaining balancesor incidental charges. If you
know your estimated arrival time, please call to confirm that your check-in location of choice will be open.
CHECK-IN LOCATIONS DURING SPRING/SUMMER/FALL SEASONS:
- Allegheny Springs: Open 24 hours dally,
- Inn at Snowshoe: Open 24 hours daily.
Mtn. Top Check-in: Closed, but may be open for large event weekends. Please call to confirm.
- Silver Creek Lodge: Closed
CHECK-IN LOCATIONS DURING SKI SEASON:
- Inn at Snowshoe: Check-in is available for ALL Guests. Open 24 hours daily and located at the base of the mountain on Rt. 66, the Innis a
convenient check-in location for guests arriving via Rt. 219.
- Mtn.Top Check-in: This front desk is the main check-in location for ALL Guests. Open 24 hours daily. The Mtn. Top front desk is located in the
south area of the resort in he Top of the World complex.
~ Silver Creek Lodge: Check-in for Silver Creek and Creekside Guests Only. Open 7am-10pm from mid-December to mid-March, closes 3/13/22 at
10pm. During non-open hours, please check-in at The Inn or Mtn.Top Check-in.
~ Allegheny Springs: Check-in for Allegheny Springs Guests Only. Open Zam-11pm daily. During non-open hours, please check-in at The Inn or
Mtn.Top.
‘Check Out: Check out is 10:00 am. If you would like an Express Check Out, please call 304.572.6544 from your room phoneas you vacate the unit.
Ifyou have electronic keys, please leave your keycard by the telephone in the unit, For those guests with metal keys, we request that you do not
leave the keys in your unit. Please retum them to one of our Check-In locations. There is a drop box located outside of all facilitiesfor your
convenience.
Pets Policy: Snowshoe has very limited Pet Friendly units. Please call 1-877-441-4386 to inquire about availabilty.
Ifyou have a pet friendly unit reserved you will be responsible for any damages or extra cleaning needed after you check-out.
This will be billed to he credit card on file.
= If you do not have a pet friendly unit reserved there are NO PETS allowed.
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click here.
Filing # 166489696 E-Filed 02/09/2023 02:06:20 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL
CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE20020746
JUDGE: Levenson, Jeffrey R. (09)
Jacqueline Flynn Morgan, et al
Plaintiff(s),
vs.
Tropical Paradise Resorts LLC , et al
Defendant(s)
/
RD: ETT ASE [AGEME, FE
In accordance with Florida Rule of Civil Procedure 1.200, the Court hereby orders
a MANDATORY Case Management Conference to be held in Courtroom Zoom:
https://17thflcourts.zoom.us/j/109129436 of the Broward County Courthouse, 201 SE
6th
Street, Ft Lauderdale, FL 33301 on 03-07-2023 8:45 AM .
Check Court Procedures to determine Court or Zoom.
All counsel and any self-represented parties MUST appear at the hearing and have their
calendars to schedule future matters. This hearing may be cancelled: (1) if the action is
settled and a final order of dismissal is issued; or (2) if the action is dismissed.
All counsel
have the responsibility to inform the Court of a settlement of the case. All counsel shall serve
any self-represented parties with this Order, within five (5) days of receipt.
ILURE TO APPE. AS DIRECTED MAY RESULT IN THE DISMISSAL OF
THE ACTION OR OTHER SANCTIONS.
DONE AND ORDERED in Chambers at Fort Lauderdal le, Broward County,
Florida on 02-09-2023 .
— a
AS
a 2:06PI
CACE20020746 02-09-2023 2:06 PM
Preview
Filing # 170325064 E-Filed 04/04/2023 03:35:10 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA. of the Estate of DAVID B. FLICK, Deceased, Plaintiff, VS. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. / DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR RELIEF FROM, AND TO VACATE, FINAL JUDGMENT Defendant, HOOTERS OF PORT CHARLOTTE, INC. (“HPC”), by and through its undersigned counsel, pursuant to Rules 1.540(b)(1), Florida Rules of Civil Procedure, hereby moves for relief from, and to vacate, the Final Judgment entered against HPC in this cause, predicated upon the excusable neglect of the undersigned counsel for HPC. I FACTS 1 On January 13, 2023, a Non-binding Arbitration was held in this matter. 2 On February 3, 2023, the Arbitrator filed his Notice of Service of Arbitrator’s Sealed Non-Binding Arbitration Findings and Award (the “Arbitration Award”), making February 27, 2023 the technical deadline for the filing of a Motion for Trial De Novo to essentially reject the Arbitration Award. See, Fla.R.Civ.P. 1.820(h); and Fla.R.Civ.P. 1.090(a); RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER « 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 * FAX 954-340-2210 Fla.R.Gen.Prac.&Jud.Admin. 2.514(a)(1).' 3 On February 27, 2023, the undersigned, on behalf of HPC, prepared, completed, signed, dated, and finalized HPC’s Motion for Trial De Novo rejecting the Arbitration Award (the “Motion” or “Motion for Trial De Novo”). On February 27, 2023, the undersigned, on behalf of HPC, was authorized and fully intended to formally file and serve the Motion for Trial De Novo on February 27, 2023, and in fact uploaded the Motion into the Florida Courts E-filing Portal (the “Portal”) during the early afternoon of February 27, 2023. The Motion for Trial De Novo was literally sitting in the Portal’s queue. However, the undersigned accidentally and inadvertently failed to complete the submission/filing process in the Portal due to the undersigned having become distracted and preoccupied with other litigation matters and work-related preparations for a longstanding, pre-paid, week-long, out-of-state, family vacation scheduled to commence early on the morning of March 4, 20237 4 Notwithstanding the planned vacation, the undersigned had numerous important litigation events scheduled between February 28, 2023 and the end of the vacation (including, but ‘Rule 2.514 states in pertinent part, (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) begin counting from the next day that is not a Saturday, Sunday, or legal holiday; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, . . . the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday .... (Emphasis added). The undersigned was scheduled to begin driving his wife and small children from South Florida to West Virginia on the morning of March 4, 2023, only to return to South Florida on or about March 12, 2023. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER « 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 * FAX 954-340-2210 2 not limited to, (i) an important Mediation in a lawsuit where the damages are alleged to be tens of millions of dollars, (ii) no fewer than four (4) depositions, (iii) a Calendar Call, and (iv) a Case Management Conference), the preparation for which distracted and preoccupied the undersigned from completing the filing prior to the end of February 27, 2023. 5 At about 3:00 A.M. on February 28, 2023, the undersigned abruptly awoke to the realization that the filing of the Motion for Trial De Novo had not been completed and, after changing the date on the Motion to reflect that it was three (3) hours past midnight, completed the filing of the Motion at 3:14 A.M. on February 28, 2023. A copy of the Motion for Trial De Novo is attached hereto as Exhibit “A”. The “E-Filed” stamp states “02/28/2023 03:14:02 AM”. (Emphasis added). The undersigned accidentally missed the deadline by only three (3) hours. (The above-referenced facts are set forth in the undersigned’s Affidavit attached hereto as Exhibit “B”.) I LAW 6. Rule 1.540 states in pertinent part, (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative froma final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; . . . Fla.R.Civ.P. 1.540(b)(1) (emphasis added). 7 According to Trawick’s Florida Practice and Procedure, Excusable neglect has no precise definition. It depends on the circumstances. Factors to be considered are the diligence of the moving party, the nature of the proceeding sought to be vacated, the elapsed time periods in the proceeding and the excuse given for failing to properly act in the first instance. When applied to errors of an attorney, excusable neglect means those errors and omissions that are excusable when considered in the light of generally accepted practices with which the attorney is familiar and on which he has a right to rely. Trawick, Fla. Prac. & Proc. § 27:3 (2022-2023 ed.). RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER « 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 * FAX 954-340-2210 3 8 To determine whether there was excusable neglect, the Court should consider the following factors: whether there was an adjudication of the issues on the merits; the length of the delay; whether the judgment is for a considerable sum; whether “defense counsel was absorbed in final preparations for two impending jury trials”; and whether defense counsel acted promptly to rectify the situation. See, Florida Inv. Enterprises, Inc. v. Kentucky Co., 160 So. 2d 733, 737 (Fla. 1st DCA 1964); Trawick, Fla. Prac. & Proc. § 27:3 (2022-2023 ed.). 9. In the case at bar, while some of Hooters’ positions were considered by an Arbitrator (who is not bound by the Rules of Evidence) in an informal setting, there has not been an adjudication of the issues on the merits; the length of the delay was only three (3) hours; the sum of the Arbitrator’s award is considerable (this is a wrongful death case); and the undersigned unquestionably acted promptly in the preparation and filing of HPC’s Motion for Trial De Novo and this Motion for Relief. 10. In City of Ocala v. Heath, 518 So. 2d 325 (Fla. 5th DCA 1987), the illness of the attorney and adverse effects of his medication causing a default, were determined to be excusable neglect and grounds for vacating or setting aside a judgment, decree, or order pursuant to Florida Rule of Civil Procedure 1.540(b)(1). /d. at 326. 11. Likewise, the court in Ledwith v. Storkan, 2 F.R.D. 539 (D. Neb. 1942) —another case cited by Trawick, Fla. Prac. & Proc. § 27:3 (2022-2023 ed.) regarding excusable neglect — observed that “continuous preoccupation with an important trial” may suffice for excusable neglect. Id. at 544, 12. In the case at bar, there was every intention to complete the filing of the Motion for Trial De Novo on February 27, 2023. Indeed, the Motion was signed and uploaded. However, the undersigned’s current, temporary circumstances caused him to become momentarily (albeit RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 4 significantly) preoccupied with preparations and other significant litigation obligations, which resulted in a three (3)-hour delay in the filing of the Motion for Trial De Novo. 13. While the accidental three (3)-hour delay in filing the Motion for Trial De Novo did not prejudice any of the other parties, the denial of this Motion for Relief and Motion for Trial De Novo would result in manifest injustice. 14. "A party against whom judgment has been entered pursuant to the rule requiring entry of judgment when the party fails to move for a trial de novo within twenty days of service of the arbitrator's decision is entitled to file a motion to vacate judgment" under rule 1.540(b), Florida Rules of Civil Procedure, predicated upon excusable neglect. Halpern v. Houser, 949 So.2d 1155, 1157-58 (Fla. 4th DCA 2007). “Therefore, in accordance with our decisions in Steinhardt and Zagorski, we conclude that this matter must be remanded to allow the Housers' counsel the opportunity to file a sworn Rule 1.540(b) motion and for the trial court to conduct an evidentiary hearing on the issue of excusable neglect." /d. at 1158. 15. The 2nd DCA, in Kalman v. Pasco-Hernando Surgical Associates, P.L., 974 So0.2d 1219 (Fla. 2nd DCA 2008), agreed with and relied upon Halpern. It held that the trial court had jurisdiction to grant relief pursuant to Rule 1.540, from a judgement entered against the defendant after the defendant failed to file a motion for trial in accordance with Florida Rule of Civil Procedure 1.820(h) within twenty days of the service of an arbitrator's decision in a nonbinding arbitration. Kalman and Halpern are controlling and binding, certainly at least if and when the Court enters a judgment. Til. MERITORIOUS DEFENSES A, Liability of the Uber Driver. HPC has meritorious defenses. For example, Nicole Cimmino (“Cimmino”), who was a RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 * FAX 954-340-2210 5 passenger in the vehicle driven by Pierre Louis (i.e., the Uber driver), the same vehicle carrying the Deceased at the time of the fatal motor vehicle accident, testified as follows: 13 ++ +Q.: Okay.: You mentioned that you were livid at the 14 Uber driver after the accident, can you explain to me 15 what was going through your mind or what made you feel 16 that way? 17 - A. I think he pulled into that lane too soon. I 18 think if Mark Barcia -- he couldn't do anything, he was 19 driving fast.- The Uber driver seen that he was in the 20 lane and had enough time to get into that lane and clear 21 it.- I believe the Uber driver was negligent as well. (Cimmino Dep. Tr. 30 [emphasis added]). 13 +++Q.: To be clear, the driver, the Uber driver had not 14 - completed his turn into the left lane when the collision 1S ~ -occurred? 16 - ++ A. No, hence the point of the impact. (Cimmino Dep. Tr. 42). In other words, Barcia was not entirely at fault for the accident. There is strong evidence that a non-party was at fault and liability should be apportioned to the driver of the other vehicle, predicated upon Cimmino’s eyewitness account. B. HPC Did Not Knowingly Serve a Habitual Drunkard HPC was not negligent and did not knowingly serve someone habitually addicted to the use of alcohol. Michael Lauff (“Lauff”) testified, 21---Q.: - When you had -- not talking -- before 22: December 2019, okay, when you'd go to these sort of 23- half-day holiday lunches, okay, how was Mark behaved at 24- the Hooters? 25: ++ A. + He would be pretty decent, talk about work. -1- have a beer or two, a couple chicken wings, some french :2: fries, pretzel bites.- | would never stay more than. 3: you know, enough to eat my food, get my food and eat. :4- so no more than an hour. 5 - Q.: - Okay.: On the occasions you were there with -6: Mark before December 3 1st, 2019, had you ever seen him RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 6 :7- act drunk at Hooters? 8 A. - No.: No, sir. (Lauf Dep. Tr. 20-21 [emphasis added]). Tom Hughes (“Hughes”), an employee of HPC on the date of the incident testified, 11 Q.: -Do you know Mark Barcia? 12 -A.: -In what relation, sir? 13 Q.: -Did you know him as a regular customer 14 at Hooters? 1S A. -Yes.: I've seen him come in a few 16 times, yes, sir. 17 Okay.: What did he look like? 18 Short, bald-head man. 19 And what do you remember about him? 20 Nothing particular. 21 Did you ever talk to him? 22 Just as a regular guest, yeah, only 23 ‘when it comes to restaurant stuff or if Ineeded my 24 car fixed because I knew that he worked at a local 25 tepair shop. (Hughes Dep. Tr. at 16). Brrr Q.: Had you ever had to reprimand him in -4- -any way while he was at Hooters before December 31, “5+ -2019? A. ‘Not that I can recall, sir. + -Q.: ‘Had you or your staff ever had to cut im off from alcohol service prior December 31, -9- -2019 at Hooters? 10 A. ‘Not that I can recall, sir. (Hughes Dep. Tr. at 18). Samantha Monnier (“Monnier”), also an employee on the date of the incident, testified, 16: - - Q.: Did you personally serve Mark Barcia on December 17 31st, 2019? 18 - A. No, not that I recall. 19 + Q.: Do you recall him coming into Hooter's on 20 December 31st, 2019? 21 - A.- Imean, very vaguely. Not -- I couldn't tell you 22 if we had a conversation or anything.- Maybe if he came 23 in I would have said hi, and that's about it.- If I RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 7 24- -wasn't serving him, I really wouldn't have spoken to him 25- ‘that much. (Monnier Dep. Tr. at 15). 13 +++ Q.- How often would he come in, to the best of your 14 recollection, prior to December 31st, 2019? 1S - A.- Not often.- Maybe, like, once or twice a month I 16 feel like I'd see him. 17 - Q.: What do you recall about him? 18 - A. He was just a big, nice guy.: That's all I really 19 -- he was always respectful.: I mean, never had a 20. problem with him. He never seemed to be drunk.: He was 21 always a good guy.: Never had any problems. (Monnier Dep. Tr. at 16 [emphasis added]). 11 ++ +Q.: Okay.: And there's been some testimony in this 12 case that Mark Barcia was a loud and vulgar person, was 13 that your experience with him? 14 MS. GERLICH:: Object to form. 1S - A. No, not at all.- [don't think I ever recall him 16 being loud or obnoxious or anything.- I mean, we deal 17 with some nasty people.: I wouldn't consider him one of 18 them at all. (Monnier Dep. Tr. at 17 [emphasis added]). Likewise Veronica Santiago (“Santiago”), another HPC employee on the date of the incident, testified, 24 ++ +Q.: Okay.: Did you know Mark Barcia as a regular 25 customer at Hooter's? - A. I've seen him from time to time, but not like as a regular, I would say, but I've seen him from time to time. -Q.: Okay.: Forgive my language, but there's been some testimony in this case that Mark Barcia was allowed and often time a vulgar person, was that consistent with your experience with him when he would come into Hooter's? - A.: I thought he was pretty chill, never got too loud 10. honestly, not that I recall and I worked pretty often. 11 -Q.: What do you recall about the times that Mr. 12: Barcia came into Hooter's before December 31st, 2019? RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 8 13-- - A.- I'm going to be honest, they were not really 14: -memorable.- I remembered him in there.- I never paid 15- -attention.: It wasn't loud or obnoxious to me any ways. (Santiago Dep. Tr. At 19-20 [emphasis added]). 15: - - Q.: But he appeared sober to you when he got there? 16: - - A. Like he just woke up.: He seemed completely 17: -normal. (Santiago Dep. Tr. At 49 [emphasis added]). In other words, there is strong evidence that HPC did not violate Florida’s dram shop statute. The above-referenced deposition testimony and case law are attached hereto and filed in support of the Motion. WHEREFORE, for the aforementioned reasons, Defendant, HOOTERS OF PORT CHARLOTTE, INC., respectfully requests that this Court enter an Order granting this Motion; granting HOOTERS OF PORT CHARLOTTE, INC. relief from the Final Judgment entered against it in this cause; vacating the Final Judgment entered against HOOTERS OF PORT CHARLOTTE, INC. in this cause, predicated upon the excusable neglect of the undersigned counsel, and for such other and further relief as the Court deems just and proper. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 « FAX 954-340-2210 9 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail on this 4" day of April, 2023 to: All Counsel of Record on the Attached Service List. RITTER CHUSID, LLP Counsel for Defendant, HOOTERS OF PORT CHARLOTTE, INC. 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 By: /s/_ Joshua W._Brankamp Mitchel Chusid, Esq. Florida Bar No.: 879282 mchusid@ritterchusid.com Joshua W. Brankamp, Esq. Florida Bar No.: 31315 jbrankamp@ritterchusid.com Michael Rubin, Esq. Florida Bar No.: 1027903 mrubin@ritterchusid.com RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER * 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 10 SERVICE LIST CASE NO.: 21-000410-CA Randall L. Spivey, Esq. Spivey Law Firm, Personal Injury Attorneys, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 Tel: 239-337-7483 Fax: 239-337-7484 andall@spiveylaw.com Counsel for Plaintiff Howard William Holden, Esq. Luks Santaniello, et al. 1422 Hendry Street, 3" Floor Fort Myers, Florida 33901 Tel: 239-561-2828 Fax: 239-561-2841 hholden@Is-law.com Counsel for BWR North Port, LLC T.R. Unice Jr., Esq. Unice, Salzman, Jensen, P.A. 1815 Little Road Trinity, FL 34655 Tel: 727-723-3772 ervice@unicesalman.com Counsel for Mark Barcia Yasmine Kirollos, Esq. Conroy Simberg 12730 New Brittany Blvd., Suite 300 Fort Myers, FL 33907 Tel: 239-337-1101 ykirollos@conroysimberg.com Counsel for Jackmont Hospitality, Inc. and Atlanta Restaurant Partners, LLC d/b/a TGI Fridays RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER * 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 11 Filing # 167660405 E-Filed 02/28/2023 03:14:02 AM EXHIBIT "A" IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA. of the Estate of DAVID B. FLICK, Deceased, Plaintiff, vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.'S MOTION FOR TRIAL DE NOVO Defendant, Hooters Of Port Charlotte, Inc. (“Hooters”), by and through undersigned counsel, and pursuant to section §44.103(5), Florida Statutes, and Rule 1.820(h), Florida Rules of Civil Procedure, shows that this action was arbitrated in non-binding arbitration and hereby moves for a trial de novo by the Court. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 28th day of February, 2023, a true and correct copy of the foregoing was filed with the Clerk 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 on the attached Service List. RITTER CHUSID, LLP Counsel for Defendant, Hooters of Port Charlotte, Inc. 5850 Coral Ridge Drive, Suite 201 RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 By: /s/ Joshua Brankamp Mitchel Chusid, Esq. Florida Bar No.: 879282 mchusid@ritterchusid.com Joshua Brankamp, Esq. Florida Bar No.: 31315 jbrankamp@ritterchusid.com Michael Rubin, Esq. Florida Bar No.: 1027903 mrubin@ritterchusid.com RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 SERVICE LIST CASE NO.: 21-000410-CA Randall L. Spivey, Esq. Spivey Law Firm, Personal Injury Attorneys, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 Tel: 239-337-7483 Fax: 239-337-7484 andall@spiveylaw.com Counsel for Plaintiff Howard William Holden, Esq. Luks Santaniello, et al. 1422 Hendry Street, 3 Floor Fort Myers, Florida 33901 Tel: 239-561-2828 Fax: 239-561-2841 hholden@Is-law.com Counsel for BWR North Port, LLC Jeffrey D. Jensen, Esq. T.R. Unice, Jr., Esq. Unice Salzman Jensen, P.A. South State Bank Building, 2" Floor 1815 Little Road Trinity, Florida 34655 Tel: 727-723-3772 Fax: 727-723-1421 ervice@unicesalzman.com jjensen@unicesalzman.com siller@unicesalzman.com dcantwell@unicesalzman.com Counsel for Mark Barcia RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 Yasmine Kirollos, Esq. Conroy Simberg 12730 New Brittany Boulevard, Suite 300 Fort Myers, Florida 33907 Tel: 239-337-1101 Fax: 239-334-3383 eserviceftm@conroysimberg.com ccasal@conroysimberg.com ykirollos@conroysimberg.com hbullen@conroysimberg.com Counsel for Jackmont Hospitality, Inc. W/b/a TGI Fridays and Atlanta Restaurants Partners RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 EXHIBIT "B" IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA of the Estate of DAVID B. FLICK, Deceased, Plaintiff, vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE . INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT CHARLOTTE. INC.’S MOTION FOR RELIEF FROM, AND TO VACATE, FINAL JUDGMENT BEFORE ME the undersigned authority personally appeared, Joshua W. Brankamp, who after being duly sworn deposed and said that the following is true and correct based on his own personal knowledge: 1 Tam a junior partner at the law firm of Ritter Chusid, LLP (“Ritter Chusid”) and have personal knowledge of the facts attested to in this Affidavit. 2. On February 27, 2023, I, on behalf of Defendant, Hooters of Port Charlotte, Inc. (“HPC”), prepared, signed, and finalized HPC's Motion for Trial De Novo (the “Motion”) to reject the Arbitration Award against HPC in the above-styled action. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 = 954-340-2200 + FAX 954-340-2210 3 On February 27, 2023, I, on behalf of HPC, was authorized and fully intended to formally file and serve HPC’s Motion for Trial De Novo on February 27, 2023, and in fact uploaded the Motion to the Florida Courts E-filing Portal (the "Portal") during the early afternoon of February 27, 2023. 4 On February 27, 2023, the finalized Motion for Trial De Novo sat, downloaded, in the Portal's queue for hours waiting for me to click the submit button. However, I had accidentally and inadvertently failed to complete the submission/filing process in the Portal due to becoming distracted and preoccupied with other litigation matters and work-related preparations for a longstanding, pre-paid, week-long, out-of-state, family vacation scheduled to commence early on the morning of March 4, 2023. 5 Attached as Exhibit “A” is a true and accurate copy of an e-mail receipt/verification for the pre-paid vacation, with redactions to confidential information only, indicating that the room in West Virginia was booked at all times material for March 5, 2023 through March 10, 2023. 6 Notwithstanding the pre-paid, longstanding vacation, I had numerous important litigation events scheduled to take place during the vacation, and for which I was responsible for preparing others to attend, between February 28, 2023 and the end of the vacation (including, but not limited to, (i) an important Mediation in a lawsuit where the damages are alleged to be tens of millions of dollars, and which the respective trial court has been entertaining a May 2023 Trial date, (ii) no fewer than four (4) depositions, (iii) a Calendar Call, and (iv) a Case Management Conference), the preparations for which distracted and preoccupied me from completing the filing of the Motion for Trial De Novo prior to midnight on February 27, 2023. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER * 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 « FAX 954-340-2210 2 7 Attached as composite Exhibit "B" are true and accurate copies of some of the Notices relating to the above-referenced litigation events. 8 At about 3:00 A.M. on February 28, 2023, I abruptly awoke to the realization that the filing of the Motion for Trial De Novo had not been completed on February 27, 2023 (the Motion was still sitting in the Portal’s queue) and, after changing the date on the Motion for Trial De Novo to reflect that it was three (3) hours past midnight, completed the filing of the Motion at 3:14 A.M. on February 28, 2023. The Motion for Trial De Novo was filed no more than three (3) hours and fifteen minutes after the midnight deadline, though the undersigned always fully intended to file the Motion during the afternoon hours of February 27, 2023. 9 The reason for the three (3)-hour delay was my absorption in, and distraction and preoccupation with, the above-referenced litigation obligations and preparations for upcoming litigation events scheduled to occur during the vacation where I know from past experience internet connectivity can at times be spotty and of poor quality making my preparations ahead of time all the more important. 10. The week-long, pre-paid vacation was a very unique, irregular, and extremely unusual undertaking for me, my preparations for which I am certain resulted in the three (3)-hour delay. To the best of my recollection, I have only taken one other vacation of that duration in the last fifteen (15) years. Furthermore, the amalgamation of all of the various and significant litigation events and obligations, which were scheduled to take place during the vacation and for which I was preparing, resulted in the three (3)-hour delay. At all times material, this was not business as usual, and the undersigned became unusually and extremely preoccupied with serious litigation and other events, RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER * 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 3 which was what led to the delay FURTHER AFFIANT SAYETH NOT, baal STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence, this YF day of Ail 2023, by Joshua W. Brankamp, who (select one) Y is Personally Known or Produced as Identification. ph, he Austh (Signature $ Notary Public - State of Florida) Denise Rosenbusch (Print, Type, or Stamp Commissioned Name of Notary Public) DENISE ROSENBUSCH Commission # GG 367763 Expires December 15, 2023 Bonded Thru Troy Fain Insurance 800-385-7019 RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER « $850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 » FAX 954-340-2210 4 To: Fw: New Snowshoe Mountain | Skt Resort in West Virginia Itinerary (38399269) ‘Tuesday, February 28, 2023 12:20:10 PM —— Forwarded Message —- From: Snowshoe Reservations |@yahoo. com*| |@yahoo.com> nt , October 2, 20: PM EDT ‘Subject: New Snowshoe Mountain | Ski Resort in West Virginia Itinerary (38399269) "BO NOT REPLYTO THIS EMAIL" CONFIRMED Itinerary ID: 31 This ts an automated email being sent by Inntopia on behalf of "snowshoemitn. Com. Please use the appropriate ‘Contact information no! ‘any questions or comments. Guest Information: Brankamp 49th Court Coral Springs, FL 33067 a jahoo.com Thank you! Your reservation has been received. Please take a moment to review and ensure that all details are correct. If you have any questions, please feel free to contact us at 877.441.4386. We look forward to seeing you at check in and suggest bringing a copy of this confirmation with you. Please do not hesitate to reach out with any questions prior to your arrival. if this is a 4 bedroom or larger this is just a reservation request. It will be aviewed, and someone will get back to you as quickly as possible to review ages and number in your party and to send you a rental agreement. —— Fiurry of Savings , Snowshoes biggest discounts of the winter season are here! Book by October 6, 2022, to save 20% on lodging, 20% on rentals, and 20% on lift tickets during your stay. Treat yourself to ultimate Snowshoe savings and let the countdown to winter begin. We'll see you on the mountain. **In the fields above, ages are categorized as: Adults (13-74) and Children (5-12)"* *Please Note! Lodging and Products will default to the least expensive option. If you want to modify an item in your package you must use the blue change button located to the right of each item title.* *Blackout Dates: December 26,2022 - December 31, 2022 January 13, 2023 - January 15, 2023 February 17, 2023 - February 19, 2023 This offeris based on availability and cannot be coinbined with other offers or promotions, other restrictions may apply. Offer is not redeemable for cash and is limited to one use per customer. This offer is valid for stays between November 23, 2022 and March 27, 2023 and is based on at least 2 consecutive night stays at any participating Snowshoe Classic managed vacation rental property. 3 Nights are required for Brigham designation. Deposit and cancellation policies apply. Must purchase lodging to unlock rental and lift ticket discount. Select Brigham’s are excluded from discount. Guest can only book lift tickets, at the guaranteed lowest price, for the dates for which they already have lodging reservations. Lift tickets available for discounted price equals lodging reservation ‘max capacity multiplied by the length of stay. if lodging is cancelled tickets are nonrefundable and discount is void. For example, if a guest is staying in a room that sleeps up to 4 people for 3 nights, 12 discounted fift tickets days are available for booking -i.e. 4 3-day tickets = 12 days. Any additional lift tickets wil! not be sold at this time. Itinerary CONFIRMED Flurry of Savings Brigham Collection Confirmation: 38399269. 1 (1) Allleghen springs #234 - Brigham One Jedroom ondo Check In: 03/05/2023 Check Out: 03/10/2023 Adults: 2 Children: 4 Ages: County Hotel/Motel Tax Departure Clean Facility Fee Resort District Surcharge Resort Fee State/Regional Tax Total USD Price =z Taxes/Fees Total USD Package Savings Payments 10/02/2022 VI XXXX-XXXK-XXXX: TOTAL PAID USD = a Upcoming Payments Due for Confirmed Items 10/02/2022 $0.00 = 02/19/2023 Sa ‘Snowshoe Mountain | Ski Resort in West Virginia P.O. Box 10, 10 Spawahon Drive Brigham Collection 10 Snowshoe Drive ‘Snowshoe, WV 26209 Policies: Brigham Collection ‘General Policy: Snowshoe tries to honor all special requests, but cannot guarantee specific unit numbers, locations, views, sleeping arrangements, etc. due to maintenance issues or owner requests. eee Real Estate- Leam about owning property at Snowshoe Mountain or in the surrounding area. There are over 200 propertieson he marketat ‘Snowshoe and we can certainly find you a pieceof the mountain to call your own. Discover the many benefits of being a homeowner at Snowshoe. To schedule a real estate tour or request information priorto your arrival please go to www snowshoemountainhomes.com. 7 - We reserve the right to correct any pricing errors. - Age Requirements: 4 bedrooms and larger require at least one person 35 years or older to be responsible for the rental and must be present at the time of check-in. Written Cancellation Policy: 4 Bedroom & Larger ~ Cancellation Policy: Cancellations made more than 60 days prior to the arrival date will receive a full refund. Cancellations made within 30-60 days priorto the arrival date will forfeit their deposit. At 30 days of your arrival date any remaining balance owed will be charged to the credit card on file. No refunds, date changes or downgrades will be available after this date. All refunds are less the cost of travel insurance (if purchased). eri ce — 3 Bedroom & Smaller - Cancellation Poli Cancellations made 15 days or more prior to the arrival date will receive a full refund, minus he cost of he travel insurance. If you did not purchase insurance you will be charged a $100 cancella ion fee or your deposit, whicheveris less. At 14 days of your arrival date any remaining balance ‘owed will be charged to the credit card on file, No refunds, date changes or downgrades will be available after this date. ‘Written Deposit Policy: 4 Bedroom & Larger ~ Deposit Policy: ‘The deposit due at the time of booking equals 50% of he total lodging stay plus optional travel insurance. The remaining balance is due 30 days priorto arrival. if you book within 30 days of arrival the full amount will be required at the time of booking. Rental agreements are required for 4-Bedroom or Larger reservations. You will receive a call from one of our sales agents in orderto confirm the booking details and discuss any group or age restrictions for the property. Once you receive your rental agreement, you must retum it within 7 days or the reservation will be cancelled. 3 Bedroom & Smaller ~ Deposit Policy: ‘The deposit due at the time of booking equals 50% of he total lodging stay plus optional travel insurance. The remaining balance will be charged 14 days priorto your arrival date. Reservations not paid in full priorto arrival are subject to cancellation and all money paid will be forfeited. ‘Check In: Check in begins at 4:00pm. A photo ID and valid credit card must be presented for any remaining balancesor incidental charges. If you know your estimated arrival time, please call to confirm that your check-in location of choice will be open. CHECK-IN LOCATIONS DURING SPRING/SUMMER/FALL SEASONS: - Allegheny Springs: Open 24 hours dally, - Inn at Snowshoe: Open 24 hours daily. Mtn. Top Check-in: Closed, but may be open for large event weekends. Please call to confirm. - Silver Creek Lodge: Closed CHECK-IN LOCATIONS DURING SKI SEASON: - Inn at Snowshoe: Check-in is available for ALL Guests. Open 24 hours daily and located at the base of the mountain on Rt. 66, the Innis a convenient check-in location for guests arriving via Rt. 219. - Mtn.Top Check-in: This front desk is the main check-in location for ALL Guests. Open 24 hours daily. The Mtn. Top front desk is located in the south area of the resort in he Top of the World complex. ~ Silver Creek Lodge: Check-in for Silver Creek and Creekside Guests Only. Open 7am-10pm from mid-December to mid-March, closes 3/13/22 at 10pm. During non-open hours, please check-in at The Inn or Mtn.Top Check-in. ~ Allegheny Springs: Check-in for Allegheny Springs Guests Only. Open Zam-11pm daily. During non-open hours, please check-in at The Inn or Mtn.Top. ‘Check Out: Check out is 10:00 am. If you would like an Express Check Out, please call 304.572.6544 from your room phoneas you vacate the unit. Ifyou have electronic keys, please leave your keycard by the telephone in the unit, For those guests with metal keys, we request that you do not leave the keys in your unit. Please retum them to one of our Check-In locations. There is a drop box located outside of all facilitiesfor your convenience. Pets Policy: Snowshoe has very limited Pet Friendly units. Please call 1-877-441-4386 to inquire about availabilty. Ifyou have a pet friendly unit reserved you will be responsible for any damages or extra cleaning needed after you check-out. This will be billed to he credit card on file. = If you do not have a pet friendly unit reserved there are NO PETS allowed. {f you wish to manage your email preferences and subscriptions, including the ability fo unsubscribe from email communications, click here. Filing # 166489696 E-Filed 02/09/2023 02:06:20 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE20020746 JUDGE: Levenson, Jeffrey R. (09) Jacqueline Flynn Morgan, et al Plaintiff(s), vs. Tropical Paradise Resorts LLC , et al Defendant(s) / RD: ETT ASE [AGEME, FE In accordance with Florida Rule of Civil Procedure 1.200, the Court hereby orders a MANDATORY Case Management Conference to be held in Courtroom Zoom: https://17thflcourts.zoom.us/j/109129436 of the Broward County Courthouse, 201 SE 6th Street, Ft Lauderdale, FL 33301 on 03-07-2023 8:45 AM . Check Court Procedures to determine Court or Zoom. All counsel and any self-represented parties MUST appear at the hearing and have their calendars to schedule future matters. This hearing may be cancelled: (1) if the action is settled and a final order of dismissal is issued; or (2) if the action is dismissed. All counsel have the responsibility to inform the Court of a settlement of the case. All counsel shall serve any self-represented parties with this Order, within five (5) days of receipt. ILURE TO APPE. AS DIRECTED MAY RESULT IN THE DISMISSAL OF THE ACTION OR OTHER SANCTIONS. DONE AND ORDERED in Chambers at Fort Lauderdal le, Broward County, Florida on 02-09-2023 . — a AS a 2:06PI CACE20020746 02-09-2023 2:06 PM