On May 31, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Nessco Construction Llc,
and
Isaac, Isabel Maria,
for Construction Lien Foreclosure ($15,001 - $30,000)
in the District Court of Miami-Dade County.
Preview
Filing # 193927748 E-Filed 03/13/2024 12:37:03 PM
IN THE COUNTY COURT OF MIAMI DADE COUNTY FLORIDA
Neesco Construction, LLC.
A Florida Limited Liability Company,
Plaintiff/Counter Defendant .
Vs. CASE NO. 2023 013486 CC 05
Isabel Maria Isaac,
Defendant/Counter Claimant .
MOTION FOR RELIEF FROM JUDGMENT
Comes Now the undersigned attorney and moves this Honorable Court for Relief from a
Judgment pursuant to RULE 1.540. B (1) RELIEF FROM JUDGMENT, DECREES, OR
ORDERS and as ground thereof alleges as follows;
1) This case was set for Summary Judgment. The Court date for the hearing was March
4% 2024.
2) Opposing Counsel and I had spoken on several occasions regarding the Summary
Judgment.
3) In fact, the Client’s witness had been to the undersigned attorney’s office to prepare the
Affidavit in Opposition. Which finished Affidavit is attached hereto.
4) Attached the Court will find a screen shot from the undersigned attorney’s
MyCase electronic calendar with emphasis on the date of Fourth of March 2024.
5) Due to either a computer glitch or a clerical mistake by the staff in Counsel’s
Office the date of March 4" 2024 was either erased from the or not properly entered
when setting the schedule.
6) Counsel was aware of the Summary Judgment, in my memory the matter it was
Set for later in March. In fact he had scheduled the witness to finalize the affidavit in
opposition to the Motion.
7) There is a viable defense to the Cause of Action and in fact a Counter-Claim.
Wherefore the undersigned attorney prays this Honorable Court will grant the
Motion for Relief from Judgment and Set Aside the Judgment entered on March 4 2024
in this matter
Respegt
‘iguel San Pedro
Certificate of Service
Thereby certify that true and correct copy of the foregoing Motion to Set Aside Judgment
was filed this March 13, 2024 and emailed to Matthew Estevez attorney for the Plaintiff by serving
him via e portal filing at mse@mattestevez.com .
fuel San Pi
780 Coral way
Miami, Florida
305 3738211
Msanpedro@lawmsp.com
FBN 271381
——— —__
Preview
Filing # 193927748 E-Filed 03/13/2024 12:37:03 PM IN THE COUNTY COURT OF MIAMI DADE COUNTY FLORIDA Neesco Construction, LLC. A Florida Limited Liability Company, Plaintiff/Counter Defendant . Vs. CASE NO. 2023 013486 CC 05 Isabel Maria Isaac, Defendant/Counter Claimant . MOTION FOR RELIEF FROM JUDGMENT Comes Now the undersigned attorney and moves this Honorable Court for Relief from a Judgment pursuant to RULE 1.540. B (1) RELIEF FROM JUDGMENT, DECREES, OR ORDERS and as ground thereof alleges as follows; 1) This case was set for Summary Judgment. The Court date for the hearing was March 4% 2024. 2) Opposing Counsel and I had spoken on several occasions regarding the Summary Judgment. 3) In fact, the Client’s witness had been to the undersigned attorney’s office to prepare the Affidavit in Opposition. Which finished Affidavit is attached hereto. 4) Attached the Court will find a screen shot from the undersigned attorney’s MyCase electronic calendar with emphasis on the date of Fourth of March 2024. 5) Due to either a computer glitch or a clerical mistake by the staff in Counsel’s Office the date of March 4" 2024 was either erased from the or not properly entered when setting the schedule. 6) Counsel was aware of the Summary Judgment, in my memory the matter it was Set for later in March. In fact he had scheduled the witness to finalize the affidavit in opposition to the Motion. 7) There is a viable defense to the Cause of Action and in fact a Counter-Claim. Wherefore the undersigned attorney prays this Honorable Court will grant the Motion for Relief from Judgment and Set Aside the Judgment entered on March 4 2024 in this matter Respegt ‘iguel San Pedro Certificate of Service Thereby certify that true and correct copy of the foregoing Motion to Set Aside Judgment was filed this March 13, 2024 and emailed to Matthew Estevez attorney for the Plaintiff by serving him via e portal filing at mse@mattestevez.com . fuel San Pi 780 Coral way Miami, Florida 305 3738211 Msanpedro@lawmsp.com FBN 271381 ——— —__