Preview
Filing # 176566455 E-Filed 06/30/2023 03:42:18 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020 CA 002872 AN
ASBEL ALEXANDER LLERENA,
Plaintiff,
v.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
_______________________________/
DEFENDANTS’ MOTION FOR RELIEF FROM ADMISSIONS AND TO DEEM
RESPONSES TO ADMISSIONS AS TIMELY FILED
COMES NOW Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S
GARDEN II, INC., (hereinafter “Defendants”), by and through the undersigned counsel
and pursuant to Florida Rule of Civil Procedure 1.370, files their Motion for Relief from
Admission and to Deem Responses to Admissions as Timely Filed and in support thereof
state as follows:
1. Plaintiff served Defendants with a Request for Admission with the Complaint
on November 18, 2020.
2. Upon review of the file, undersigned counsel identified that responses to
the Request for Admissions, which were drafted and in the file, were not served through
the e-filing portal or to Plaintiff’s counsel.
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
3. Contemporaneous with the filing of this Motion, Defendants filed their
responses to the Request for Admissions, a copy of which are attached hereto as Exhibit
“A”.
4. Pursuant to Florida Rule of Civil Procedure 1.370(b), the Court may permit
the withdrawal or amendment of admissions when the presentation of the merits of the
claim will be served by it and the party who obtained the admission fails to satisfy to the
Court that withdrawal or amendment will prejudice that party in maintaining an action or
defense on the merits.
5. A trial court may permit the amendment or withdrawal of, or otherwise grant
relief from, technical admissions resulting from a failure to timely respond to a request for
admissions. Fla. R. Civ. P. 1.370(b); see Morgan v. Thomson, 427 So. 2d 1134, 1134-35
(Fla. 5th DCA 1983).
6. A court may grant such relief “when the presentation of the merits of the
action will be subserved by it and the party who obtained the admission fails to satisfy the
court that withdrawal or amendment will prejudice that party in maintaining an action or
defense on the merits.” Fla. R. Civ. P. 1.370(b).
7. The standard set forth by the rule is a “liberal” one that should be “liberally
construed”. See Morgan, 427 So. 2d at 1134-35. Courts have consistently adhered to this
liberal construction, because “there is a strong preference that genuinely disputed claims
be decided upon their merits rather than technical rules of default.” Wells Fargo Bank,
N.A. v. Shelton, 223 So. 3d 414, 416 (Fla. 5th DCA 2017); see, e.g. Ramos v. Growing
Together, 672 So. 2d 103, 104 (Fla. 4th DCA 1996) (recognizing “[t]his liberal standard
Page 2
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
favors amendment in most cases in order to allow disposition on the merits… [because]
[t]he use of admissions obtained through a technicality should not form a basis to preclude
adjudication of a legitimate claim.” (Citations and internal quotations omitted)).
8. In considering the first part of this standard, it is well established that when
a party “did not intend to admit the facts in question, the withdrawal of their technical
admissions would, of course, serve to facilitate the presentation of the case on its
evidentiary merits.” Melody Tours v. Granville Mkt. Letter, 413 So. 2d 450, 451 (Fla. 5th
DCA 1982); see, e.g. In re 1982 Ford Mustang v. City of Bartow Police Dep't, 725 So. 2d
382, 384-85 (Fla. 2d DCA 1998) (holding “[w]here the defendant maintains a position
contrary to the automatic admission in all other pleadings and affidavits filed prior to
summary judgment, the withdrawal of the admission and acceptance of the belated
response serve presentation of the case on the merits.”)
9. Regarding the potential showing of prejudice under the standard, “[h]aving
to prepare for a trial on the merits is not the type of prejudice which the plaintiff can raise
to combat the defendant's motion for leave to file late answers because preparing for a
trial on the merits was plaintiff's burden from the beginning.” Durrance v. Thompson, 486
So.2d 711, 712 (Fla. 5th DCA 1986); see Wells Fargo Bank, N.A., 223 So. 3d at 417
(“having to proceed to trial on the merits is insufficient to warrant denial of relief under the
rule.”)
10. Here, Defendant did not intend to make any technical admissions and
Plaintiff would not be prejudiced by presentation of the case on its evidentiary merits.
Page 3
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
WHEREFORE, the Defendants respectfully request that this Honorable Court
enter an Order relieving Defendants from the technical admissions of responding outside
the time prescribed by the Florida Rules of Civil Procedure, deeming Defendant’s
responses to Plaintiff’s Request for Admissions (attached hereto) as timely and any other
relief deemed appropriate by this Honorable Court.
[CERTIFICATE OF SERVICE ON THE NEXT PAGE]
Page 4
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of June, 2023, a true and correct copy
of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-
Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A.,
malzate@forthepeople.com;imerlos@forthepeople.com;anajera@forthepeople.com, 198
Broadway Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney
for Plaintiff, Asbel Alexander Llerena.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail:
sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
Page 5
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
EXHIBIT “A”
Filing # 176562953 E-Filed 06/30/2023 03:22:14 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020-CA-002872
ASBEL ALEXANDER LLERENA,
Plaintiff,
v.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
_______________________________/
DEFENDANT, ADRIAN RODRIGUEZ CHAVEZ’S RESPONSE TO PLAINTIFF’S
REQUEST FOR ADMISSIONS
Defendant, ADRIAN RODRIGUEZ CHAVEZ, by and through the undersigned
attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby files this, their
responses to Plaintiff’s Request for Admissions to Defendant and states as follows:
1. Please admit that this action brought against the Defendant(s) properly and correctly
name the parties to be sued in this cause.
RESPONSE: Admitted that Adrian Rodriguez Chavez is spelled correctly.
2. Please admit that jurisdiction for the Complaint filed by Plaintiff is properly brought
before the Circuit Court in Osceola County, Florida.
RESPONSE: Admitted.
Page 1
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
3. Please admit that the service of process against the Defendant, ADRIAN
RODRIGUEZ CHAVEZ, was proper.
RESPONSE: Admitted.
4. Please admit that this is an action for damages in excess of Thirty Thousand Dollars
($30,000) arising in Osceola County, Florida.
RESPONSE: Admitted as phrased. Denied that Plaintiff suffered damages
equivalent to the threshold amount.
5. Please admit that the Defendant, ADRIAN RODRIGUEZ CHAVEZ, was operating a
motor vehicle on or about December 3, 2019 on West Neptune Road at or near its
intersection with Hand Street in Kissimmee, Osceola County, Florida.
RESPONSE: Admitted.
6. Please admit that the motor vehicle operated by Defendant, ADRIAN RODRIGUEZ
CHAVES, was owned by Defendant, GRANNY'S GARDEN II, INC.
RESPONSE: Admitted.
7. Please admit the vehicle was being operated by Defendant, ADRIAN RODRIGUEZ
CHAVEZ, with the knowledge, permission and consent of its owner.
RESPONSE: Admitted.
8. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, was negligent in the
operation of a motor vehicle which resulted in the subject collision with Plaintiffs
-2-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
vehicle.
RESPONSE: Denied.
9. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, received a citation
issued by the investigating law enforcement agency arising out of the subject accident.
RESPONSE: Denied.
10. Please admit that Defendant. ADRIAN RODRIGUEZ CHAVEZ, pled guilty to said
citation in connection with the subject accident.
RESPONSE: Denied.
11. Please admit that Plaintiff was injured in the subject accident.
RESPONSE: Denied.
12. Please admit that Plaintiff suffered a permanent injury within a reasonable degree of
medical probability resulting from the subject accident.
RESPONSE: Denied.
13. Please admit that Plaintiff was not guilty of negligence which caused or contributed
to the subject accident.
RESPONSE: Denied.
14. Please admit that Plaintiff incurred medical expenses for treatment of injuries
resulting from the subject accident.
RESPONSE: Denied.
-3-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
15. Please admit that Plaintiffs medical expenses were reasonable and necessary for the
care and treatment of the injuries sustained in the subject accident.
RESPONSE: Denied.
[Certificate of Service on Following Page]
-4-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of June, 2023, a true and correct copy
of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-
Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A.,
malzate@forthepeople.com;imerlos@forthepeople.com, 198 Broadway Avenue,
Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel
Alexander Llerena.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail: sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
-5-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
Filing # 176562953 E-Filed 06/30/2023 03:22:14 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020-CA-002872
ASBEL ALEXANDER LLERENA,
Plaintiff,
v.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
_______________________________/
DEFENDANT, GRANNY’S GARDEN II, INC.’S RESPONSE TO PLAINTIFF’S
REQUEST FOR ADMISSIONS
Defendant, GRANNY'S GARDEN II, INC., by and through the undersigned
attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby files this, their
responses to Plaintiff’s Request for Admissions to Defendant and states as follows:
1. Please admit that this action brought against the Defendant(s) properly and correctly
name the parties to be sued in this cause.
RESPONSE: Admitted that Adrian Rodriguez Chavez is spelled correctly.
2. Please admit that jurisdiction for the Complaint filed by Plaintiff is properly brought
before the Circuit Court in Osceola County, Florida.
RESPONSE: Admitted.
3. Please admit that the service of process against the Defendant, GRANNY'S
GARDEN II, INC., was proper.
RESPONSE: Admitted.
Page 1
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
4. Please admit that this is an action for damages in excess of Thirty Thousand Dollars
($30,000) arising in Osceola County, Florida.
RESPONSE: Admitted as phrased. Denied that Plaintiff suffered damages
equivalent to the threshold amount.
5. Please admit that the Defendant, ADRIAN RODRIGUEZ CHAVEZ, was operating a motor
vehicle on or about December 3, 2019 on West Neptune Road at or near its intersection
with Hand Street in Kissimmee, Osceola County, Florida.
RESPONSE: Admitted.
6. Please admit that the motor vehicle operated by Defendant, ADRIAN RODRIGUEZ
CHAVES, was owned by Defendant, GRANNY'S GARDEN II, INC.
RESPONSE: Admitted.
7. Please admit the vehicle was being operated by Defendant, ADRIAN RODRIGUEZ
CHAVEZ, with the knowledge, permission and consent of its owner.
RESPONSE: Admitted.
8. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, was negligent in the
operation of a motor vehicle which resulted in the subject collision with Plaintiffs
vehicle.
RESPONSE: Denied.
9. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, received a citation
issued by the investigating law enforcement agency arising out of the subject accident.
RESPONSE: Denied.
10. Please admit that Defendant. ADRIAN RODRIGUEZ CHAVEZ, pled guilty to said
citation in connection with the subject accident.
RESPONSE: Denied.
-2-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
11. Please admit that Plaintiff was injured in the subject accident.
RESPONSE: Denied.
12. Please admit that Plaintiff suffered a permanent injury within a reasonable degree of
medical probability resulting from the subject accident.
RESPONSE: Denied.
13. Please admit that Plaintiff was not guilty of negligence which caused or contributed
to the subject accident.
RESPONSE: Denied.
14. Please admit that Plaintiff incurred medical expenses for treatment of injuries
resulting from the subject accident.
RESPONSE: Denied.
15. Please admit that Plaintiffs medical expenses were reasonable and necessary for
the care and treatment of the injuries sustained in the subject accident.
RESPONSE: Denied.
[Certificate of Service on the Following Page]
-3-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020-CA-002872
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30th day of June, 2023, a true and correct copy
of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-
Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A.,
malzate@forthepeople.com;imerlos@forthepeople.com, 198 Broadway Avenue,
Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel
Alexander Llerena.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail: sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
0487.2384-00
-4-
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
Preview
Filing # 176566455 E-Filed 06/30/2023 03:42:18 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020 CA 002872 AN ASBEL ALEXANDER LLERENA, Plaintiff, v. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. _______________________________/ DEFENDANTS’ MOTION FOR RELIEF FROM ADMISSIONS AND TO DEEM RESPONSES TO ADMISSIONS AS TIMELY FILED COMES NOW Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., (hereinafter “Defendants”), by and through the undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.370, files their Motion for Relief from Admission and to Deem Responses to Admissions as Timely Filed and in support thereof state as follows: 1. Plaintiff served Defendants with a Request for Admission with the Complaint on November 18, 2020. 2. Upon review of the file, undersigned counsel identified that responses to the Request for Admissions, which were drafted and in the file, were not served through the e-filing portal or to Plaintiff’s counsel. COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN 3. Contemporaneous with the filing of this Motion, Defendants filed their responses to the Request for Admissions, a copy of which are attached hereto as Exhibit “A”. 4. Pursuant to Florida Rule of Civil Procedure 1.370(b), the Court may permit the withdrawal or amendment of admissions when the presentation of the merits of the claim will be served by it and the party who obtained the admission fails to satisfy to the Court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. 5. A trial court may permit the amendment or withdrawal of, or otherwise grant relief from, technical admissions resulting from a failure to timely respond to a request for admissions. Fla. R. Civ. P. 1.370(b); see Morgan v. Thomson, 427 So. 2d 1134, 1134-35 (Fla. 5th DCA 1983). 6. A court may grant such relief “when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits.” Fla. R. Civ. P. 1.370(b). 7. The standard set forth by the rule is a “liberal” one that should be “liberally construed”. See Morgan, 427 So. 2d at 1134-35. Courts have consistently adhered to this liberal construction, because “there is a strong preference that genuinely disputed claims be decided upon their merits rather than technical rules of default.” Wells Fargo Bank, N.A. v. Shelton, 223 So. 3d 414, 416 (Fla. 5th DCA 2017); see, e.g. Ramos v. Growing Together, 672 So. 2d 103, 104 (Fla. 4th DCA 1996) (recognizing “[t]his liberal standard Page 2 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN favors amendment in most cases in order to allow disposition on the merits… [because] [t]he use of admissions obtained through a technicality should not form a basis to preclude adjudication of a legitimate claim.” (Citations and internal quotations omitted)). 8. In considering the first part of this standard, it is well established that when a party “did not intend to admit the facts in question, the withdrawal of their technical admissions would, of course, serve to facilitate the presentation of the case on its evidentiary merits.” Melody Tours v. Granville Mkt. Letter, 413 So. 2d 450, 451 (Fla. 5th DCA 1982); see, e.g. In re 1982 Ford Mustang v. City of Bartow Police Dep't, 725 So. 2d 382, 384-85 (Fla. 2d DCA 1998) (holding “[w]here the defendant maintains a position contrary to the automatic admission in all other pleadings and affidavits filed prior to summary judgment, the withdrawal of the admission and acceptance of the belated response serve presentation of the case on the merits.”) 9. Regarding the potential showing of prejudice under the standard, “[h]aving to prepare for a trial on the merits is not the type of prejudice which the plaintiff can raise to combat the defendant's motion for leave to file late answers because preparing for a trial on the merits was plaintiff's burden from the beginning.” Durrance v. Thompson, 486 So.2d 711, 712 (Fla. 5th DCA 1986); see Wells Fargo Bank, N.A., 223 So. 3d at 417 (“having to proceed to trial on the merits is insufficient to warrant denial of relief under the rule.”) 10. Here, Defendant did not intend to make any technical admissions and Plaintiff would not be prejudiced by presentation of the case on its evidentiary merits. Page 3 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN WHEREFORE, the Defendants respectfully request that this Honorable Court enter an Order relieving Defendants from the technical admissions of responding outside the time prescribed by the Florida Rules of Civil Procedure, deeming Defendant’s responses to Plaintiff’s Request for Admissions (attached hereto) as timely and any other relief deemed appropriate by this Honorable Court. [CERTIFICATE OF SERVICE ON THE NEXT PAGE] Page 4 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30th day of June, 2023, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e- Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com;imerlos@forthepeople.com;anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 0487.2384-00 Page 5 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX EXHIBIT “A” Filing # 176562953 E-Filed 06/30/2023 03:22:14 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020-CA-002872 ASBEL ALEXANDER LLERENA, Plaintiff, v. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. _______________________________/ DEFENDANT, ADRIAN RODRIGUEZ CHAVEZ’S RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS Defendant, ADRIAN RODRIGUEZ CHAVEZ, by and through the undersigned attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby files this, their responses to Plaintiff’s Request for Admissions to Defendant and states as follows: 1. Please admit that this action brought against the Defendant(s) properly and correctly name the parties to be sued in this cause. RESPONSE: Admitted that Adrian Rodriguez Chavez is spelled correctly. 2. Please admit that jurisdiction for the Complaint filed by Plaintiff is properly brought before the Circuit Court in Osceola County, Florida. RESPONSE: Admitted. Page 1 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 3. Please admit that the service of process against the Defendant, ADRIAN RODRIGUEZ CHAVEZ, was proper. RESPONSE: Admitted. 4. Please admit that this is an action for damages in excess of Thirty Thousand Dollars ($30,000) arising in Osceola County, Florida. RESPONSE: Admitted as phrased. Denied that Plaintiff suffered damages equivalent to the threshold amount. 5. Please admit that the Defendant, ADRIAN RODRIGUEZ CHAVEZ, was operating a motor vehicle on or about December 3, 2019 on West Neptune Road at or near its intersection with Hand Street in Kissimmee, Osceola County, Florida. RESPONSE: Admitted. 6. Please admit that the motor vehicle operated by Defendant, ADRIAN RODRIGUEZ CHAVES, was owned by Defendant, GRANNY'S GARDEN II, INC. RESPONSE: Admitted. 7. Please admit the vehicle was being operated by Defendant, ADRIAN RODRIGUEZ CHAVEZ, with the knowledge, permission and consent of its owner. RESPONSE: Admitted. 8. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, was negligent in the operation of a motor vehicle which resulted in the subject collision with Plaintiffs -2- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 vehicle. RESPONSE: Denied. 9. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, received a citation issued by the investigating law enforcement agency arising out of the subject accident. RESPONSE: Denied. 10. Please admit that Defendant. ADRIAN RODRIGUEZ CHAVEZ, pled guilty to said citation in connection with the subject accident. RESPONSE: Denied. 11. Please admit that Plaintiff was injured in the subject accident. RESPONSE: Denied. 12. Please admit that Plaintiff suffered a permanent injury within a reasonable degree of medical probability resulting from the subject accident. RESPONSE: Denied. 13. Please admit that Plaintiff was not guilty of negligence which caused or contributed to the subject accident. RESPONSE: Denied. 14. Please admit that Plaintiff incurred medical expenses for treatment of injuries resulting from the subject accident. RESPONSE: Denied. -3- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 15. Please admit that Plaintiffs medical expenses were reasonable and necessary for the care and treatment of the injuries sustained in the subject accident. RESPONSE: Denied. [Certificate of Service on Following Page] -4- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30th day of June, 2023, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e- Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com;imerlos@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. COLE, SCOTT & KISSANE, P.A. Counsel for Defendants ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 0487.2384-00 -5- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX Filing # 176562953 E-Filed 06/30/2023 03:22:14 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2020-CA-002872 ASBEL ALEXANDER LLERENA, Plaintiff, v. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. _______________________________/ DEFENDANT, GRANNY’S GARDEN II, INC.’S RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS Defendant, GRANNY'S GARDEN II, INC., by and through the undersigned attorney and pursuant to the Florida Rule of Civil Procedure 1.370, hereby files this, their responses to Plaintiff’s Request for Admissions to Defendant and states as follows: 1. Please admit that this action brought against the Defendant(s) properly and correctly name the parties to be sued in this cause. RESPONSE: Admitted that Adrian Rodriguez Chavez is spelled correctly. 2. Please admit that jurisdiction for the Complaint filed by Plaintiff is properly brought before the Circuit Court in Osceola County, Florida. RESPONSE: Admitted. 3. Please admit that the service of process against the Defendant, GRANNY'S GARDEN II, INC., was proper. RESPONSE: Admitted. Page 1 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 4. Please admit that this is an action for damages in excess of Thirty Thousand Dollars ($30,000) arising in Osceola County, Florida. RESPONSE: Admitted as phrased. Denied that Plaintiff suffered damages equivalent to the threshold amount. 5. Please admit that the Defendant, ADRIAN RODRIGUEZ CHAVEZ, was operating a motor vehicle on or about December 3, 2019 on West Neptune Road at or near its intersection with Hand Street in Kissimmee, Osceola County, Florida. RESPONSE: Admitted. 6. Please admit that the motor vehicle operated by Defendant, ADRIAN RODRIGUEZ CHAVES, was owned by Defendant, GRANNY'S GARDEN II, INC. RESPONSE: Admitted. 7. Please admit the vehicle was being operated by Defendant, ADRIAN RODRIGUEZ CHAVEZ, with the knowledge, permission and consent of its owner. RESPONSE: Admitted. 8. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, was negligent in the operation of a motor vehicle which resulted in the subject collision with Plaintiffs vehicle. RESPONSE: Denied. 9. Please admit that Defendant, ADRIAN RODRIGUEZ CHAVEZ, received a citation issued by the investigating law enforcement agency arising out of the subject accident. RESPONSE: Denied. 10. Please admit that Defendant. ADRIAN RODRIGUEZ CHAVEZ, pled guilty to said citation in connection with the subject accident. RESPONSE: Denied. -2- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 11. Please admit that Plaintiff was injured in the subject accident. RESPONSE: Denied. 12. Please admit that Plaintiff suffered a permanent injury within a reasonable degree of medical probability resulting from the subject accident. RESPONSE: Denied. 13. Please admit that Plaintiff was not guilty of negligence which caused or contributed to the subject accident. RESPONSE: Denied. 14. Please admit that Plaintiff incurred medical expenses for treatment of injuries resulting from the subject accident. RESPONSE: Denied. 15. Please admit that Plaintiffs medical expenses were reasonable and necessary for the care and treatment of the injuries sustained in the subject accident. RESPONSE: Denied. [Certificate of Service on the Following Page] -3- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020-CA-002872 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30th day of June, 2023, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e- Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com;imerlos@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. COLE, SCOTT & KISSANE, P.A. Counsel for Defendants ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 0487.2384-00 -4- COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX