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Filing# 176462798 E-Filed 06/29/2023 03:16:37 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FLORIDA
PETER AND MONICA TREPPEDA, CASE NO.: CACE-21-007431 (13)
Plaintiffs,
VS.
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
i
DEFENDANT'S MOTION FOR CONTINUANCE
Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY
"Universal"),by and through
(hereinafter its undersigned counsel, hereby files its Motion to
Continuance, which is currentlyset for the periodbeginning May 8,2023, through June 30,2023
and as grounds therefore,states:
1. On April 13, 2021, Plaintiffs filed a breach of contract complaintagainstUniversal
for damages allegedlycaused to Plaintiffs' property on or about July 15, 2020. Defendant
responded to the Complaint on June 9, 2021
2. On May 13, 2021, Plaintiffs filed an Amended Complaint.Defendant responded
to the Amended Complaint on June 15,2021.
3 Subsequently,on June 15, 2021, Plaintiff filed a Motion for Leave to file their
Second Amended Complaint.
4. The Second Amended Complaint was deemed filed as ofJune 15,2022 pursuant to
an agreed ordered entered into by both parties.
5. On November 8,2022, this Court entered its Order SettingJury Trial and Directing
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/29/2023 03:16:37 PM.****
Page 2 of 5
Pretrial and Jury Instructions Procedures ("Order").Pursuant to the Order, a calendar call is set for
July 6,2023, and trial is scheduled for the trial period of July 10, 2023, through July 28, 2023.
6. Although some discoveryhas been conducted in this matter, Universal respectfully
requests a continuance of trial because Defendant's expert, Carter Terry, has not been able to
physicallyinspectthe property at issue in this case located at 16425 Sapphire Pl, Weston, FL
33331.
7. Defendant's expert currentlyresides in the state ofNew Hampshire.
8 Defendant has been able to schedule the inspectionto take place on July 8,2023
and location.
due to Carter's availability
9- In addition,Carter's deposition scheduled for July 5,2023.
is currently
10. It would be impracticalfor the expert'sdepositionto occur priorto the inspection.
11. Universal would be severelyprejudicedif it is not allowed to conduct additional
discovery.
12. Universal intends to utilize the additional time to further explore Plaintiffs' claims
and properlyprepare for the impending trial.
13. Finally,the undersigned attorney has already reached out to Plaintiff's counsel,
Annette Vera, and she has advised that Plaintiff will not oppose the motion.
14. When consideringa request for continuance, a court must consider if the denial of
the continuance creates an injustice
for the moving party and whether the opposing party would
suffer any prejudiceor inconvenience as a result of a continuance. See Garner v. Langford, 55 So.
3d 711, 714 (Fla.1st DCA 2011).
15. Denying Universal's request for continuance will severelylimit Universal's ability
to defend its positionon this matter, amounting to severe irreparableharm. See Florida Gas
Page 3 of 5
Transmission Co., LLC v.
Cio'of Tallahassee,230 So. 3d 912, 914-15 (Fla.1st DCA 2017).
16. The case itself is not ready for trial. Defendant's expert has not had the chance to
inspectthe property at issue. Notably, Plaintiffs have yet to depose Universal's expert witness. If
this Court were to grant Defendant's Motion for Continuance, Plaintiffs would not be prejudiced.
As a result of the nature of Plaintiffs' breach of contract claim, Universal believes that the
presentationof credible and accurate information to the jury is necessary. A continuance ensures
that the issues relevant to this case and its relation to Universal's policyare adequatelyexplained
to jury members.
17. Universal believes that the denial of a continuance deprivesUniversal of its due
to be adequatelyheard before a final judgment is rendered. See
process rightsand the opportunity
W. Union Tel. Co. v. Suit, 15 So. 2d 33,36 (Fla.1943). Defendant is not requestingan indefinite
extension,but rather a reasonable extension of time to complete discoveryso that each party has
an opportunityto present full and fair evidence on the issues in the case.
18. This Motion is not made for the purpose o f delay,or any other improper purpose.
Defendant has not previouslyrequesteda continuance.
19. A continuance of the trial in the Scheduling Order and a brief enlargement of the
discoveryperiod will permit all partiesto complete discoveryand prevent the need for post-trial
proceedings.This Motion is not filed for the purpose of delay or harassment; but rather to allow
Universal a small enlargement of time to effectively
prepare for the trial in this cause.
WHEREFORE, Defendant, Universal Property & Casualty Insurance Company,
requests that
respectfully this honorable Court grant its Motion to Continue Trial set for August
09,2021, and allow the partiesto conduct additional discovery.
Page 4 of 5
ACKNOWLEDGEMENT AND CONSENT
UNIVERSAL hereby acknowledges and consents to the continuance requested by its
undersigned counsel as set forth above.
JIMMY A CASAS AS A CORPORATE REPRESENTATIVE ON BEHALF OF
UNIVERSAL PROPERTY & CASUALTY
INSURANCE COMPANY
[CERTIFICATE OF SERVICE ON NEXT PAGE]
Page 5 of 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas furnished via E-
Service to: Daniel M. Ilani, Esq., at Property People FL, P.A.
(Danny@PropertyPeopleLaw.coin; Service@PropertyPeopleLaw.coin; and
Nicole@PropertyPeopleLaw.com), Counsel for Plaintiffs,
on the 29th day of June, 2023.
Attorneysfor Defendant
Universal Property & CasualtyIns. Co.
1110 West Commercial Blvd.
Fort Lauderdale, Florida 33309
Legal Assistant Telephone: (954) 331-4467
Telephone: (954) 368-0094
Toll-Free: 1-833-658-8594 (JudgesOnly)
Facsimile: (954) 958-1262
By-. /s/ Rafael Reyes
Rafael Reyes, Esq.
Florida Bar No. 1025876
Primary:upciceserviceO
1@universalproperty.com
Secondary: vb0221@universalproperty.com
Tertiary: rr0308@universalproperty.com
For Scheduling Matters:
vb0221@universalproperty.com
:Please do not send any inquiriesor scheduling matters to upciceservice@universalpropertv.com
or upciceservice01@universalpropertv.com.
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Filing# 176462798 E-Filed 06/29/2023 03:16:37 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA PETER AND MONICA TREPPEDA, CASE NO.: CACE-21-007431 (13) Plaintiffs, VS. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i DEFENDANT'S MOTION FOR CONTINUANCE Defendant, UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY "Universal"),by and through (hereinafter its undersigned counsel, hereby files its Motion to Continuance, which is currentlyset for the periodbeginning May 8,2023, through June 30,2023 and as grounds therefore,states: 1. On April 13, 2021, Plaintiffs filed a breach of contract complaintagainstUniversal for damages allegedlycaused to Plaintiffs' property on or about July 15, 2020. Defendant responded to the Complaint on June 9, 2021 2. On May 13, 2021, Plaintiffs filed an Amended Complaint.Defendant responded to the Amended Complaint on June 15,2021. 3 Subsequently,on June 15, 2021, Plaintiff filed a Motion for Leave to file their Second Amended Complaint. 4. The Second Amended Complaint was deemed filed as ofJune 15,2022 pursuant to an agreed ordered entered into by both parties. 5. On November 8,2022, this Court entered its Order SettingJury Trial and Directing *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/29/2023 03:16:37 PM.**** Page 2 of 5 Pretrial and Jury Instructions Procedures ("Order").Pursuant to the Order, a calendar call is set for July 6,2023, and trial is scheduled for the trial period of July 10, 2023, through July 28, 2023. 6. Although some discoveryhas been conducted in this matter, Universal respectfully requests a continuance of trial because Defendant's expert, Carter Terry, has not been able to physicallyinspectthe property at issue in this case located at 16425 Sapphire Pl, Weston, FL 33331. 7. Defendant's expert currentlyresides in the state ofNew Hampshire. 8 Defendant has been able to schedule the inspectionto take place on July 8,2023 and location. due to Carter's availability 9- In addition,Carter's deposition scheduled for July 5,2023. is currently 10. It would be impracticalfor the expert'sdepositionto occur priorto the inspection. 11. Universal would be severelyprejudicedif it is not allowed to conduct additional discovery. 12. Universal intends to utilize the additional time to further explore Plaintiffs' claims and properlyprepare for the impending trial. 13. Finally,the undersigned attorney has already reached out to Plaintiff's counsel, Annette Vera, and she has advised that Plaintiff will not oppose the motion. 14. When consideringa request for continuance, a court must consider if the denial of the continuance creates an injustice for the moving party and whether the opposing party would suffer any prejudiceor inconvenience as a result of a continuance. See Garner v. Langford, 55 So. 3d 711, 714 (Fla.1st DCA 2011). 15. Denying Universal's request for continuance will severelylimit Universal's ability to defend its positionon this matter, amounting to severe irreparableharm. See Florida Gas Page 3 of 5 Transmission Co., LLC v. Cio'of Tallahassee,230 So. 3d 912, 914-15 (Fla.1st DCA 2017). 16. The case itself is not ready for trial. Defendant's expert has not had the chance to inspectthe property at issue. Notably, Plaintiffs have yet to depose Universal's expert witness. If this Court were to grant Defendant's Motion for Continuance, Plaintiffs would not be prejudiced. As a result of the nature of Plaintiffs' breach of contract claim, Universal believes that the presentationof credible and accurate information to the jury is necessary. A continuance ensures that the issues relevant to this case and its relation to Universal's policyare adequatelyexplained to jury members. 17. Universal believes that the denial of a continuance deprivesUniversal of its due to be adequatelyheard before a final judgment is rendered. See process rightsand the opportunity W. Union Tel. Co. v. Suit, 15 So. 2d 33,36 (Fla.1943). Defendant is not requestingan indefinite extension,but rather a reasonable extension of time to complete discoveryso that each party has an opportunityto present full and fair evidence on the issues in the case. 18. This Motion is not made for the purpose o f delay,or any other improper purpose. Defendant has not previouslyrequesteda continuance. 19. A continuance of the trial in the Scheduling Order and a brief enlargement of the discoveryperiod will permit all partiesto complete discoveryand prevent the need for post-trial proceedings.This Motion is not filed for the purpose of delay or harassment; but rather to allow Universal a small enlargement of time to effectively prepare for the trial in this cause. WHEREFORE, Defendant, Universal Property & Casualty Insurance Company, requests that respectfully this honorable Court grant its Motion to Continue Trial set for August 09,2021, and allow the partiesto conduct additional discovery. Page 4 of 5 ACKNOWLEDGEMENT AND CONSENT UNIVERSAL hereby acknowledges and consents to the continuance requested by its undersigned counsel as set forth above. JIMMY A CASAS AS A CORPORATE REPRESENTATIVE ON BEHALF OF UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY [CERTIFICATE OF SERVICE ON NEXT PAGE] Page 5 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas furnished via E- Service to: Daniel M. Ilani, Esq., at Property People FL, P.A. (Danny@PropertyPeopleLaw.coin; Service@PropertyPeopleLaw.coin; and Nicole@PropertyPeopleLaw.com), Counsel for Plaintiffs, on the 29th day of June, 2023. Attorneysfor Defendant Universal Property & CasualtyIns. Co. 1110 West Commercial Blvd. Fort Lauderdale, Florida 33309 Legal Assistant Telephone: (954) 331-4467 Telephone: (954) 368-0094 Toll-Free: 1-833-658-8594 (JudgesOnly) Facsimile: (954) 958-1262 By-. /s/ Rafael Reyes Rafael Reyes, Esq. Florida Bar No. 1025876 Primary:upciceserviceO 1@universalproperty.com Secondary: vb0221@universalproperty.com Tertiary: rr0308@universalproperty.com For Scheduling Matters: vb0221@universalproperty.com :Please do not send any inquiriesor scheduling matters to upciceservice@universalpropertv.com or upciceservice01@universalpropertv.com.