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Filing # 187735635 E-Filed 12/11/2023 10:32:13 AM ) :
IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT :
IN AND FOR MANATEE COUNTY, FLORIDA :
CIVIL DIVISON.
LAURA CECIL
Plaintiff,
vs. Case No, 2022-CC-7338 :
AIRBNB, INC., and |
JORDAN COTTAM,
Defendants.
ee |
NOTICE OF FILING ALTERNATIVE ANSWER TO COMPLAINT TO BE
PRESENTED IN SUPPORT OF MOTION TO SET ASIDE DEFAULT AND MOTION
TO DISMISS FOR IMPROPER VENUE
MOTION FOR AWARD OF ATTORNEY FEES
Defendant JORDAN COTTAM, by and through the undersigned counsel, WITHOUT |
WAIVING the defenses presented in his motion to set aside default pursuant to Fla. R, Civ. P.
1.540 (b) Motion to Dismiss for Improper Venue pursuant to Fla. R. Civ. P. 1.140(b), FILED |
ALMOST CONTEMPORANEOUSLY WITH THIS NOTICE and Motion to Dismiss for Failure |
to Attach Exhibits, and consistent with the holdings and rationale in GANNON v. CUCKLER,
281 So.3d 587 (Fla. 2 DCA 2019), files this, for purposes of stating what are anticipated to be the :
conclusive defenses to the complaint filed in the above styled cause, if and when filed in and |
consistent with its Motion to Dismiss for Improper Venue and Motion to Set Aside Default,
presents its rationale for its Motion for Award of Attorney Fees as filed by the Plaintiff in the
above cause, had he initially done so timely:
1, Without knowledge. :
2. Admitted that JORDAN COTTAM is an individual who resides in Sarasota County, j
State of Florida, and that JORDAN COTTAM’S residence is at 6326 Elmwood
"2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AMIEST
Filed
Filed 03/22/2024
03/22/2024 09:32
09:32 AM
AM -- Karen
Karen E.
E. Rushing,
Rushing, Clerk
Clerk of
of the
the Circuit
Circuit Court,
Court, Sarasota
Sarasota County,
County, FL
FL
Avenue, Sarasota, Sarasota County, Florida, which makes the venue of the Plaintiff's
cause of action, if only against Jordan Cottam in Sarasota County.
3. Without knowledge.
4. The amount of the Plaintiffs claim is within the subject matter jurisdiction of the Court
but venue is improper because the Defendant does not reside in Manatee County, the :
real property which is the subject matter ofthe alleged transaction and the real property
which the Plaintiffpurportedly paid to rent, if it existed, would be in Sarasota County, 7
as well, but literally nothing involved in this cause has any connection with Manatee ,
County, except the home county ofthe attorneys, which does not confer jurisdiction.
5. The venue where the court is located is improper for this case because the venue of the
cause of action is Sarasota County, not Manatee County, as a resull, venue is correct in
Sarasota County.
6. Admitted. .
7. Defendantdenies that all conditions precedent have beenmet, occurredorwerewaived. |
Plaintiff has not attached its contract for the rental which is the subject of the cause of
action, any of the demands claimed upon any of the Defendants, including Jordan |
Cottam, states that filing the cause of action in the proper courthouse is a condition |
precedent to bringing its action, and that absent filing the documents identified in its
cause of action (contract between Plaintiff and AIR BNB, demands for payment), the .
cause ofaction should be dismissed for failure to attach the necessary exhibits pursuant :
to Fla. R. Civ. P. 1.130, |
8. Without knowledge as to any actions by the Plaintiff. .
| 9, Without knowledge as to any costs incurred by the Plaintiff. 2
"2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AM EST
10. The Defendant knows from having driven to the address 6499 Beechwood Avenue,
Sarasota, Florida that there is no residence at that address. (Moreover, there is no ;
Beachwood Avenue in Sarasota County). .
11. Without knowledge. However, Defendant did not put his residence up for lease through :
AIRBNB. Defendant’s residence is in Sarasota; it is not within walking distance of |
Siesta Key Beach, though it is only one mile away by car. Defendant JORDAN ; |
COTTAM does not know if someone put up HIS home for rent on AIRBNB, and he |
certainly did not approve anyone having done so or profited from it. )
12. Without knowledge except that 6326 Elmwood Avenue is a single-family residence. ,
13. Without knowledge.
14. Without knowledge. | |
15. Without knowledge. }
16. Without knowledge.
17. Without knowledge. and therefore denied. .
18. Without knowledge as to the acts ofAIRBNB, but Defendant JORDAN COTTAM did |
not charge the Plaintiff for rent, did not collect rent, did not accept any benefit from !
Plaintiff nor receive any requests or demands for repayment. |
| 19. Without knowledge; Defendant JORDAN COTTAM does not know who “Heather” is |
and had no communication with the Plaintiff. :
20. Without knowledge as to the alleged actions ofPlaintiff. |
21. Without knowledge as to this allegation, however, if the Plaintiffwere alleging a claim .
against Defendant JORDAN COTTAM, based upon business transaction law, ;
including the Uniform Commercial Code, the Plaintiff would have to include any ,
"2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AM EST
document to JORDAN COTTAM, and the documents referenced in this complaint are |
not attached, as required by Fla. R. Civ. P. 1.130..
22. JORDAN COTTAM reiterates the responses identified in the foregoing paragraphs.
23. JORDAN COTTAM reiterates the responses identified in the foregoing paragraphs. |
24, JORDAN COTTAM is without knowledge as to the allegations of this paragraph.
25. JORDAN COTTAM denies that he has obtained or retains the Plaintiff's money.
26. JORDAN COTTAM does not know what Plaintiffs rights are to the to any alleged |
converted funds, |
27. JORDAN COTTAM denies that, except for this lawsuit, he was notified by Plaintiff of
Plaintiff's claim against him.
28. Plaintiff’s loss of funds, as she has alleged, are not as a result of actions by JORDAN
COTTAM. :
29. Without knowledge. |
30. JORDAN COTTAM alleges that the Plaintiff has not stated any facts or law which | ,
would give rise to a cause of action against him for misleading/deceptive advertising, .
or any recitation offacts or law which can give rise to a violation ofFla. Stat. § 817.41. |
31, JORDAN COTTAM reiterates the responses identified in the foregoing paragraph. |
32. Without knowledge. 7
33. Without knowledge.
34. JORDAN COTTAM is without knowledge as to any of the contents of any :
advertisement of AIRBNB.
35. JORDAN COTTAM is without knowledge as to any knowledge of AIR BNB to induce
Plaintiff to book the property. ,
"2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13
AM EST
Preview
Filing # 187735635 E-Filed 12/11/2023 10:32:13 AM ) : IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT : IN AND FOR MANATEE COUNTY, FLORIDA : CIVIL DIVISON. LAURA CECIL Plaintiff, vs. Case No, 2022-CC-7338 : AIRBNB, INC., and | JORDAN COTTAM, Defendants. ee | NOTICE OF FILING ALTERNATIVE ANSWER TO COMPLAINT TO BE PRESENTED IN SUPPORT OF MOTION TO SET ASIDE DEFAULT AND MOTION TO DISMISS FOR IMPROPER VENUE MOTION FOR AWARD OF ATTORNEY FEES Defendant JORDAN COTTAM, by and through the undersigned counsel, WITHOUT | WAIVING the defenses presented in his motion to set aside default pursuant to Fla. R, Civ. P. 1.540 (b) Motion to Dismiss for Improper Venue pursuant to Fla. R. Civ. P. 1.140(b), FILED | ALMOST CONTEMPORANEOUSLY WITH THIS NOTICE and Motion to Dismiss for Failure | to Attach Exhibits, and consistent with the holdings and rationale in GANNON v. CUCKLER, 281 So.3d 587 (Fla. 2 DCA 2019), files this, for purposes of stating what are anticipated to be the : conclusive defenses to the complaint filed in the above styled cause, if and when filed in and | consistent with its Motion to Dismiss for Improper Venue and Motion to Set Aside Default, presents its rationale for its Motion for Award of Attorney Fees as filed by the Plaintiff in the above cause, had he initially done so timely: 1, Without knowledge. : 2. Admitted that JORDAN COTTAM is an individual who resides in Sarasota County, j State of Florida, and that JORDAN COTTAM’S residence is at 6326 Elmwood "2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AMIEST Filed Filed 03/22/2024 03/22/2024 09:32 09:32 AM AM -- Karen Karen E. E. Rushing, Rushing, Clerk Clerk of of the the Circuit Circuit Court, Court, Sarasota Sarasota County, County, FL FL Avenue, Sarasota, Sarasota County, Florida, which makes the venue of the Plaintiff's cause of action, if only against Jordan Cottam in Sarasota County. 3. Without knowledge. 4. The amount of the Plaintiffs claim is within the subject matter jurisdiction of the Court but venue is improper because the Defendant does not reside in Manatee County, the : real property which is the subject matter ofthe alleged transaction and the real property which the Plaintiffpurportedly paid to rent, if it existed, would be in Sarasota County, 7 as well, but literally nothing involved in this cause has any connection with Manatee , County, except the home county ofthe attorneys, which does not confer jurisdiction. 5. The venue where the court is located is improper for this case because the venue of the cause of action is Sarasota County, not Manatee County, as a resull, venue is correct in Sarasota County. 6. Admitted. . 7. Defendantdenies that all conditions precedent have beenmet, occurredorwerewaived. | Plaintiff has not attached its contract for the rental which is the subject of the cause of action, any of the demands claimed upon any of the Defendants, including Jordan | Cottam, states that filing the cause of action in the proper courthouse is a condition | precedent to bringing its action, and that absent filing the documents identified in its cause of action (contract between Plaintiff and AIR BNB, demands for payment), the . cause ofaction should be dismissed for failure to attach the necessary exhibits pursuant : to Fla. R. Civ. P. 1.130, | 8. Without knowledge as to any actions by the Plaintiff. . | 9, Without knowledge as to any costs incurred by the Plaintiff. 2 "2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AM EST 10. The Defendant knows from having driven to the address 6499 Beechwood Avenue, Sarasota, Florida that there is no residence at that address. (Moreover, there is no ; Beachwood Avenue in Sarasota County). . 11. Without knowledge. However, Defendant did not put his residence up for lease through : AIRBNB. Defendant’s residence is in Sarasota; it is not within walking distance of | Siesta Key Beach, though it is only one mile away by car. Defendant JORDAN ; | COTTAM does not know if someone put up HIS home for rent on AIRBNB, and he | certainly did not approve anyone having done so or profited from it. ) 12. Without knowledge except that 6326 Elmwood Avenue is a single-family residence. , 13. Without knowledge. 14. Without knowledge. | | 15. Without knowledge. } 16. Without knowledge. 17. Without knowledge. and therefore denied. . 18. Without knowledge as to the acts ofAIRBNB, but Defendant JORDAN COTTAM did | not charge the Plaintiff for rent, did not collect rent, did not accept any benefit from ! Plaintiff nor receive any requests or demands for repayment. | | 19. Without knowledge; Defendant JORDAN COTTAM does not know who “Heather” is | and had no communication with the Plaintiff. : 20. Without knowledge as to the alleged actions ofPlaintiff. | 21. Without knowledge as to this allegation, however, if the Plaintiffwere alleging a claim . against Defendant JORDAN COTTAM, based upon business transaction law, ; including the Uniform Commercial Code, the Plaintiff would have to include any , "2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AM EST document to JORDAN COTTAM, and the documents referenced in this complaint are | not attached, as required by Fla. R. Civ. P. 1.130.. 22. JORDAN COTTAM reiterates the responses identified in the foregoing paragraphs. 23. JORDAN COTTAM reiterates the responses identified in the foregoing paragraphs. | 24, JORDAN COTTAM is without knowledge as to the allegations of this paragraph. 25. JORDAN COTTAM denies that he has obtained or retains the Plaintiff's money. 26. JORDAN COTTAM does not know what Plaintiffs rights are to the to any alleged | converted funds, | 27. JORDAN COTTAM denies that, except for this lawsuit, he was notified by Plaintiff of Plaintiff's claim against him. 28. Plaintiff’s loss of funds, as she has alleged, are not as a result of actions by JORDAN COTTAM. : 29. Without knowledge. | 30. JORDAN COTTAM alleges that the Plaintiff has not stated any facts or law which | , would give rise to a cause of action against him for misleading/deceptive advertising, . or any recitation offacts or law which can give rise to a violation ofFla. Stat. § 817.41. | 31, JORDAN COTTAM reiterates the responses identified in the foregoing paragraph. | 32. Without knowledge. 7 33. Without knowledge. 34. JORDAN COTTAM is without knowledge as to any of the contents of any : advertisement of AIRBNB. 35. JORDAN COTTAM is without knowledge as to any knowledge of AIR BNB to induce Plaintiff to book the property. , "2022CC007338AX" 187735635 Filed at Manatee County Clerk 12/11/2023 10:32:13 AM EST