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Filing # 177158359 E-Filed 07/11/2023 02:54:02 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO. 2017-CA-2703
ARACELIS DEJESUS,
Plaintiff,
vs.
MARCOS LOPEZ, SHERIFF OF
OSCEOLA COUNTY IN HIS OFFICIAL
CAPACITY,
Defendant.
/
PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT
The Plaintiff, ARACELIS DEJESUS, files her Motion for Entry of Final Judgment
pursuant to the Court’s order following a jury verdict on June 16, 2023 in favor of the Plaintiff,
ARACELIS DEJESUS, against the Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA
COUNTY IN HIS OFFICIAL CAPACITY, and states:
1. After a 5-day trial commencing on June 12, 2023, the jury returned a verdict on
June 16, 2023 in the amount of $730,000.00 in favor of the Plaintiff, ARACELIS DEJESUS. (A
copy of the verdict form is attached as Exhibit “A”).
2. Accordingly, the Plaintiff respectfully requests that a Final Judgment in the
amount of $730,00.00 be entered in this action in accordance with Florida law. The Plaintiff further
requests that this Honorable Court reserve jurisdiction as to the amount of interest to which the
Plaintiff is lawfully entitled under §55.03, Florida Statutes and reserve jurisdiction to award
attorney’s fees to the Plaintiff pursuant to a Proposal for Settlement that was filed on our about June
9, 2022 which was not accepted and reserve jurisdiction to award costs to the Plaintiff.
3. A copy of the Plaintiff's Proposed Final Judgment is attached hereto as Exhibit
“B”,
4. The parties have discussed this Motion for Entry of Judgment and the Plaintiff's
Proposed Final Judgment and the parties have been unable to come to an agreement.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter a Final
Judgment in the above styled action, reserving jurisdiction as to the amount of interest to which the
Plaintiff is lawfully entitled under §55.03, Florida Statutes and reserving jurisdiction to award
attorney’s fees to the Plaintiff pursuant to a Proposal for Settlement that was filed on our about June
9, 2022 which was not accepted and reserving jurisdiction to award costs to the Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the
Court using the eFiling Portal which will send a notice of electronic filing and a copy hereof to
Thomas W. Poulton, Esquire, DeBevoise & Poulton, P.A., Lakeview Office Park, Suite 1010, 1035
S. Semoran Blvd., Winter Park, FL 32792 via email at poulton@debevoisepoulton.com, this
| \ day of July, 2023.
Wieland & DeLattre, P.A.
226 Hillcrest Street
Orlando, FL 32802
(407) 84-7699
A for Plaintiff,
‘William J. igland, I~
Fl Bar #: 84792
Billy@wdjustice.com
3
IN THE CIRCUIT COURT OF
THE NINTH JUDICIAL, IN AND
FOR OSCEOLA COUNTY,
FLORIDA
CASE NO. 2017-CA-002703
ARACELIS DEJESUS
individually,
Plaintiff,
VS
“/etin open Court hig
MARCOS LOPEZ, SHERIFF A.D.
KELYy IN SOTO,
OF OSCEOLA COUNTY IN Courts & COUN’ Q., CLERK O
HIS OFFICIAL CAPACITY By.
OMPTROLL, ER
D.C.
Defendant.
VERDICT FORM
We, the jury, return the following verdict:
l. Was there negligence on the part of the OSCEOLA COUNTY
SHERIFF’S DEPARTMENT, in obtaining the search warrant, which was a legal cause of
v
loss, injury, or damage Plaintiff, ARACELIS DEJESUS?
YES NO
2: Was there negligence on the part of the OSCEOLA COUNTY
SHERIFF’S DEPARTMENT, in executing the search warrant, which was a legal cause
of loss, injury, or damage to the Plaintiff, ARACELIS DEJESUS?
YES vO NO i
\
If your answers to questions 1 and 2 are NO, your verdict is for Defendant, and you
should not proceed further except to date and sign this verdict form and return it to the
courtroom. If your answer to either question 1 or 2 is YES, please proceed to questions 3-
7
iis .i
Please answer question 3-7.
3 What is the total amount of ARACELIS 3 WOO
DEJESUS’s damages for lost earnings in the past.
4.
What is the total amount of ARACELIS
DEJESUS’s damages for loss of earning capacity in the $ 100 DOO
future.
What is the total amount of ARACELIS
DEJESUS medical expenses incurred in the past. 3_30,000
6
What is the total amount of ARACELIS s_40 C00
DEJESUS medical expenses to be incurred in the future.
7 What is the total amount of ARACELIS
DEJESUS’s damages for pain and suffering, disability,
physical impairment, mental anguish, inconvenience,
aggravation of a disease or physical defect and loss of
capacity for the enjoyment of life sustained in the past
and to be sustained in the future?
$ Y¥S0,c00
TOTAL DAMAGES OF ARACELIS DEJESUS
(add lines 3-7) $720,
SO SAY WE ALL, this _ll oe of June 2023.
ORKPERSON
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO. 2017-CA-2703
ARACELIS DEJESUS,
Plaintiff,
vs.
MARCOS LOPEZ, SHERIFF OF
OSCEOLA COUNTY IN HIS OFFICIAL
CAPACITY AS SHERIFF OF OSCEOLA COUNTY
Defendant.
/
PLAINTIFF’S PROPOSED
FINAL JUDGMENT FOR PLAINTIFF
THIS CAUSE, having come before this Court on Plaintiff's Motion’s Motion for Entry of
Final Judgment and the Court having been fully advised in the premises, IT IS HEREBY ORDERED
AND ADJUDGED AND PURSUANT TO THE VERDICT RENDERED IN THIS ACTION:
1 Final Judgment is herewith entered in favor of the Plaintiff;
2 This action was tried before a jury and on June 16, 2023, the jury rendered a verdict in favor
of the Plaintiff in the total amount of $730,000.00. The amount of the final verdict is
reduced to $715,294.34 after the following reductions have been applied:
a. $14,705.66 as a collateral source set off representing the Plaintiff's health insurance.
Taxable costs in the amount of $16,042.27 shall be awarded to the Plaintiffas the prevailing
party in this litigation.
Furthermore, on June 9, 2022, the Plaintiff filed a Notice of Service of Demand for Judgment
(Proposal for Settlement) and served upon the Defendant the Demand for Judgment totaling
$97,500.00, which was rejected by the Defendants. Therefore, in accordance with §768.79,
Florida Statutes, the Plaintiff is entitled to attorney’s fees incurred from the date of the filing
of the demand forward.
Accordingly, Final Judgment for the Plaintiff in the amount of $715,294.34 is entered in
favor of the plaintiff and against Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA
COUNTY IN HIS OFFICIAL CAPACITY/OSCEOLA COUNTY SHERIFF’S OFFICE.
Pursuant to §768.28(4), Florida Statutes, Defendant, MARCOS LOPEZ, SHERIFF OF
OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY/OSCEOLA COUNTY SHERIFF'S
OFFICE, shall pay to the Plaintiff the sum of. $200,000.00 for which let execution issue. This
judgment is entered without prejudice to the Plaintiff's right to pursue, through the passage
ofa claims bill, payment of the full jury verdict of $715,294.34. Additionally, upon payment
of the statutory cap of $200,000.00, Plaintiff shall give Satisfaction Judgment to the
Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL
CAPACITY/OSCEOLA COUNTY SHERIFF’S OFFICE, pursuant to §768.28, Florida
Statutes, as her recourse for the excess being only to the Legislature, with the understanding
that said Satisfaction of Judgment does not prejudice the Plaintiff's right to pursue through
the passage of a Claims Bill, payment of the full jury verdict of $715,294.34, along with the
aforementioned attorney’s fees pursuant to §768.79, Florida Statutes. See City of Lake
Worth v. Nicolas, 434 So.2d 315, 316 (Fla. 1983).
If Plaintiff pursues a claims bill and it is passed, interest will accrue on the amount of this
Final Judgment at a rate of 6.58% per annum from the date of this judgment is redndered
until payment of any claims bill, if applicable.
DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this
day of , 2023.
Honorable Chad Alvaro
Circuit Court Judge
I HEREBY CERTIFY that a true copy of the foregoing has been furnished via e-mail, this
day of. 2023 to all parties.
Judicial Assistant
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Filing # 177158359 E-Filed 07/11/2023 02:54:02 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 2017-CA-2703 ARACELIS DEJESUS, Plaintiff, vs. MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY, Defendant. / PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT The Plaintiff, ARACELIS DEJESUS, files her Motion for Entry of Final Judgment pursuant to the Court’s order following a jury verdict on June 16, 2023 in favor of the Plaintiff, ARACELIS DEJESUS, against the Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY, and states: 1. After a 5-day trial commencing on June 12, 2023, the jury returned a verdict on June 16, 2023 in the amount of $730,000.00 in favor of the Plaintiff, ARACELIS DEJESUS. (A copy of the verdict form is attached as Exhibit “A”). 2. Accordingly, the Plaintiff respectfully requests that a Final Judgment in the amount of $730,00.00 be entered in this action in accordance with Florida law. The Plaintiff further requests that this Honorable Court reserve jurisdiction as to the amount of interest to which the Plaintiff is lawfully entitled under §55.03, Florida Statutes and reserve jurisdiction to award attorney’s fees to the Plaintiff pursuant to a Proposal for Settlement that was filed on our about June 9, 2022 which was not accepted and reserve jurisdiction to award costs to the Plaintiff. 3. A copy of the Plaintiff's Proposed Final Judgment is attached hereto as Exhibit “B”, 4. The parties have discussed this Motion for Entry of Judgment and the Plaintiff's Proposed Final Judgment and the parties have been unable to come to an agreement. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter a Final Judgment in the above styled action, reserving jurisdiction as to the amount of interest to which the Plaintiff is lawfully entitled under §55.03, Florida Statutes and reserving jurisdiction to award attorney’s fees to the Plaintiff pursuant to a Proposal for Settlement that was filed on our about June 9, 2022 which was not accepted and reserving jurisdiction to award costs to the Plaintiff. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the Court using the eFiling Portal which will send a notice of electronic filing and a copy hereof to Thomas W. Poulton, Esquire, DeBevoise & Poulton, P.A., Lakeview Office Park, Suite 1010, 1035 S. Semoran Blvd., Winter Park, FL 32792 via email at poulton@debevoisepoulton.com, this | \ day of July, 2023. Wieland & DeLattre, P.A. 226 Hillcrest Street Orlando, FL 32802 (407) 84-7699 A for Plaintiff, ‘William J. igland, I~ Fl Bar #: 84792 Billy@wdjustice.com 3 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 2017-CA-002703 ARACELIS DEJESUS individually, Plaintiff, VS “/etin open Court hig MARCOS LOPEZ, SHERIFF A.D. KELYy IN SOTO, OF OSCEOLA COUNTY IN Courts & COUN’ Q., CLERK O HIS OFFICIAL CAPACITY By. OMPTROLL, ER D.C. Defendant. VERDICT FORM We, the jury, return the following verdict: l. Was there negligence on the part of the OSCEOLA COUNTY SHERIFF’S DEPARTMENT, in obtaining the search warrant, which was a legal cause of v loss, injury, or damage Plaintiff, ARACELIS DEJESUS? YES NO 2: Was there negligence on the part of the OSCEOLA COUNTY SHERIFF’S DEPARTMENT, in executing the search warrant, which was a legal cause of loss, injury, or damage to the Plaintiff, ARACELIS DEJESUS? YES vO NO i \ If your answers to questions 1 and 2 are NO, your verdict is for Defendant, and you should not proceed further except to date and sign this verdict form and return it to the courtroom. If your answer to either question 1 or 2 is YES, please proceed to questions 3- 7 iis .i Please answer question 3-7. 3 What is the total amount of ARACELIS 3 WOO DEJESUS’s damages for lost earnings in the past. 4. What is the total amount of ARACELIS DEJESUS’s damages for loss of earning capacity in the $ 100 DOO future. What is the total amount of ARACELIS DEJESUS medical expenses incurred in the past. 3_30,000 6 What is the total amount of ARACELIS s_40 C00 DEJESUS medical expenses to be incurred in the future. 7 What is the total amount of ARACELIS DEJESUS’s damages for pain and suffering, disability, physical impairment, mental anguish, inconvenience, aggravation of a disease or physical defect and loss of capacity for the enjoyment of life sustained in the past and to be sustained in the future? $ Y¥S0,c00 TOTAL DAMAGES OF ARACELIS DEJESUS (add lines 3-7) $720, SO SAY WE ALL, this _ll oe of June 2023. ORKPERSON IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 2017-CA-2703 ARACELIS DEJESUS, Plaintiff, vs. MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY AS SHERIFF OF OSCEOLA COUNTY Defendant. / PLAINTIFF’S PROPOSED FINAL JUDGMENT FOR PLAINTIFF THIS CAUSE, having come before this Court on Plaintiff's Motion’s Motion for Entry of Final Judgment and the Court having been fully advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED AND PURSUANT TO THE VERDICT RENDERED IN THIS ACTION: 1 Final Judgment is herewith entered in favor of the Plaintiff; 2 This action was tried before a jury and on June 16, 2023, the jury rendered a verdict in favor of the Plaintiff in the total amount of $730,000.00. The amount of the final verdict is reduced to $715,294.34 after the following reductions have been applied: a. $14,705.66 as a collateral source set off representing the Plaintiff's health insurance. Taxable costs in the amount of $16,042.27 shall be awarded to the Plaintiffas the prevailing party in this litigation. Furthermore, on June 9, 2022, the Plaintiff filed a Notice of Service of Demand for Judgment (Proposal for Settlement) and served upon the Defendant the Demand for Judgment totaling $97,500.00, which was rejected by the Defendants. Therefore, in accordance with §768.79, Florida Statutes, the Plaintiff is entitled to attorney’s fees incurred from the date of the filing of the demand forward. Accordingly, Final Judgment for the Plaintiff in the amount of $715,294.34 is entered in favor of the plaintiff and against Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY/OSCEOLA COUNTY SHERIFF’S OFFICE. Pursuant to §768.28(4), Florida Statutes, Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY/OSCEOLA COUNTY SHERIFF'S OFFICE, shall pay to the Plaintiff the sum of. $200,000.00 for which let execution issue. This judgment is entered without prejudice to the Plaintiff's right to pursue, through the passage ofa claims bill, payment of the full jury verdict of $715,294.34. Additionally, upon payment of the statutory cap of $200,000.00, Plaintiff shall give Satisfaction Judgment to the Defendant, MARCOS LOPEZ, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY/OSCEOLA COUNTY SHERIFF’S OFFICE, pursuant to §768.28, Florida Statutes, as her recourse for the excess being only to the Legislature, with the understanding that said Satisfaction of Judgment does not prejudice the Plaintiff's right to pursue through the passage of a Claims Bill, payment of the full jury verdict of $715,294.34, along with the aforementioned attorney’s fees pursuant to §768.79, Florida Statutes. See City of Lake Worth v. Nicolas, 434 So.2d 315, 316 (Fla. 1983). If Plaintiff pursues a claims bill and it is passed, interest will accrue on the amount of this Final Judgment at a rate of 6.58% per annum from the date of this judgment is redndered until payment of any claims bill, if applicable. DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this day of , 2023. Honorable Chad Alvaro Circuit Court Judge I HEREBY CERTIFY that a true copy of the foregoing has been furnished via e-mail, this day of. 2023 to all parties. Judicial Assistant