Party Notice: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 171544120 E-Filed 04/21/2023 02:52:26 PM


                      IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                              IN AND FOR OSCEOLA COUNTY, FLORIDA

         VILLAS AT EMERALD LAKE HOMEOWNERS
         ASSOCIATION, INC., a Florida not for profit
         corporation,

                Plaintiff,

         v.                                                CASE NO.: 2020-CA-002942-ON

         ROYAL OAK HOMES, LLC, a Florida limited
         liability company, f/k/a AVH ACQUISITION LLC;
         ADVANCED WRAPPING AND CONCRETE
         SOLUTIONS OF CENTRAL FLORIDA, INC., a
         Florida corporation; DON KING’S CONCRETE,
         INC., a Florida corporation; HUGH MACDONALD
         CONSTRUCTION, INC., a Florida corporation;
         IMPERIAL BUILDING CORPORATION, a Florida
         corporation; PREMIER PLASTERING OF
         CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
         INC., a Florida corporation; WEATHERMASTER
         BUILDING PRODUCTS, INC., a Florida
         corporation; WEINTRAUB INSPECTIONS &
         FORENSICS,         INC.      n/k/a WEINTRAUB
         ENGINEERING AND INSPECTIONS, INC., a
         Florida corporation; THE DIMILLO GROUP, LLC,
         a Florida limited liability company; WOLF’S
         IRRIGATION & LANDSCAPING, INC., a Florida
         corporation; SUMMERPARK HOMES, INC., a
         Florida corporation; BROWN + COMPANY
         ARCHITECTURE, INC., a Florida corporation;
         EXPERT PAINTING & PRESSURE WASHING,
         INC., a Florida corporation,

                Defendants.
                                                       /

         ROYAL OAK HOMES, LLC, f/k/a AVH
         ACQUISITION,

                Crossclaim Plaintiff,

         v.




        132729404.1
 ADVANCED WRAPPING AND CONCRETE
 SOLUTIONS OF CENTRAL FLORIDA, INC., a
 Florida corporation; DON KING’S CONCRETE,
 INC., a Florida corporation; HUGH MACDONALD
 CONSTRUCTION, INC., a Florida corporation;
 IMPERIAL BUILDING CORPORATION, a Florida
 corporation; PREMIER PLASTERING OF
 CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
 INC., a Florida corporation; WEATHERMASTER
 BUILDING PRODUCTS, INC., a Florida
 corporation; WEINTRAUB INSPECTIONS &
 FORENSICS,         INC.     n/k/a  WEINTRAUB
 ENGINEERING AND INSPECTIONS, INC., a
 Florida corporation; WOLF’S IRRIGATION &
 LANDSCAPING, INC., a Florida corporation;
 BROWN + COMPANY ARCHITECTURE, INC., a
 Florida corporation; EXPERT PAINTING &
 PRESSURE WASHING, INC., a Florida
 corporation,

        Crossclaim Defendants.
                                          /

 WEATHERMASTER BUILDING PRODUCTS,
 INC., a Florida Corporation; DON KING’S
 CONCRETE INC., a Florida Corporation,

        Third-Party Plaintiff,

 v.

 ALL GLASS INSTALLATION COPRP., a Florida
 corporation; CASEY HAWKINS GLASS, INC., a
 Florida corporation; DEAN NESBIT, LLC, a Florida
 limited      liability   company;   HELBERG
 ENGERPRISES, LLC, a Florida limited liability
 company; HOBBIT WINDOWS, LLC, a Florida
 limited liability company; T&M CONSTRUCTION
 OF SANFORD, INC., a Florida corporation; WELL
 DONE WINDOWS, INC., a Florida corporation; and
 WELL HUNG WINDOWS & DOORS, LLC, a
 Florida limited liability company; E.R.O.
 CONSTRUCTION, INC., a Florida Corporation;
 LIOS CONCRETE CORP., a Florida Corporation;
 and ATLANTIC CONCRETE SYSTEMS, INC., a
 Florida Corporation,



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           Third-Party Defendants.
                                               /
                    AMENDED NOTICE OF NON-PARTY PRODUCTION

       YOU ARE NOTIFIED that after 10 days from the date of service of this notice, if service

is by delivery, or 15 days from the date   of service, if service is by mail, and if no objection   is

received from any party, the undersigned will issue or apply to the clerk of this court for issuance

of the attached subpoena directed to the following, who is not a party to produce the items listed

at the time and place specified in the subpoena:

        1.    Records Custodian for Emporl, Inc. d/b/a Empire Works Reconstruction and Painting

                                             /s/ James Michael  Walls
                                              Lannie D. Hough Jr.
                                              Florida Bar No. 149470
                                              James Michael Walls
                                              Florida Bar No. 706272
                                              Robin H. Leavengood
                                              Florida Bar No. 0547751
                                              CARLTON FIELDS, P.A.
                                              4221 W. Boy Scout Boulevard
                                              Tampa, FL 33607-5780
                                              Telephone: (813)223-7000
                                              Facsimile: (813) 229-4133
                                              lhough@carltonfields.com
                                              nbonilla@carltonfields.com
                                              rleavengood@carltonfields.com
                                              mramos@carltonfields.com
                                              tmasquelier@carltonfields.com
                                              mwalls@carltonfields.com
                                              Attorneys for Defendant, Royal Oak Homes, LLC

                                 CERTIFICATE OF SERVICE

       I   HEREBY CERTIFY that on April 21,2023, a true and correct copy of the foregoing was

electronically filed with the Clerk of Court, which will send notification to the registered




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attorney(s) of record that the documents have been filed and are available for viewing and

downloading.

                                     /s/ James Michael Walls
                                     Attorney




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              IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                      IN AND FOR OSCEOLA COUNTY, FLORIDA

 VILLAS AT EMERALD LAKE HOMEOWNERS
 ASSOCIATION, INC., a Florida not for profit
 corporation,

        Plaintiff,

 v.                                                CASE NO.: 2020-CA-002942-ON

 ROYAL OAK HOMES, LLC, a Florida limited
 liability company, f/k/a AVH ACQUISITION LLC;
 ADVANCED WRAPPING AND CONCRETE
 SOLUTIONS OF CENTRAL FLORIDA, INC., a
 Florida corporation; DON KING’S CONCRETE,
 INC., a Florida corporation; HUGH MACDONALD
 CONSTRUCTION, INC., a Florida corporation;
 IMPERIAL BUILDING CORPORATION, a Florida
 corporation; PREMIER PLASTERING OF
 CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
 INC., a Florida corporation; WEATHERMASTER
 BUILDING PRODUCTS, INC., a Florida
 corporation; WEINTRAUB INSPECTIONS &
 FORENSICS,         INC.      n/k/a WEINTRAUB
 ENGINEERING AND INSPECTIONS, INC., a
 Florida corporation; THE DIMILLO GROUP, LLC,
 a Florida limited liability company; WOLF’S
 IRRIGATION & LANDSCAPING, INC., a Florida
 corporation; SUMMERPARK HOMES, INC., a
 Florida corporation; BROWN + COMPANY
 ARCHITECTURE, INC., a Florida corporation;
 EXPERT PAINTING & PRESSURE WASHING,
 INC., a Florida corporation,

        Defendants.
                                               /

 ROYAL OAK HOMES, LLC, f/k/a AVH
 ACQUISITION,

        Crossclaim Plaintiff,

 v.




132729404.1
 ADVANCED WRAPPING AND CONCRETE
 SOLUTIONS OF CENTRAL FLORIDA, INC., a
 Florida corporation; DON KING’S CONCRETE,
 INC., a Florida corporation; HUGH MACDONALD
 CONSTRUCTION, INC., a Florida corporation;
 IMPERIAL BUILDING CORPORATION, a Florida
 corporation; PREMIER PLASTERING OF
 CENTRAL FLORIDA, INC. n/k/a TGK STUCCO,
 INC., a Florida corporation; WEATHERMASTER
 BUILDING PRODUCTS, INC., a Florida
 corporation; WEINTRAUB INSPECTIONS &
 FORENSICS,         INC.     n/k/a  WEINTRAUB
 ENGINEERING AND INSPECTIONS, INC., a
 Florida corporation; WOLF’S IRRIGATION &
 LANDSCAPING, INC., a Florida corporation;
 BROWN + COMPANY ARCHITECTURE, INC., a
 Florida corporation; EXPERT PAINTING &
 PRESSURE WASHING, INC., a Florida
 corporation,

              Crossclaim Defendants.
                                          /

 WEATHERMASTER BUILDING PRODUCTS,
 INC., a Florida Corporation; DON KING’S
 CONCRETE INC., a Florida Corporation,

        Third-Party Plaintiff,

 v.

 ALL GLASS INSTALLATION COPRP., a Florida
 corporation; CASEY HAWKINS GLASS, INC., a
 Florida corporation; DEAN NESBIT, LLC, a Florida
 limited      liability   company;   HELBERG
 ENGERPRISES, LLC, a Florida limited liability
 company; HOBBIT WINDOWS, LLC, a Florida
 limited liability company; T&M CONSTRUCTION
 OF SANFORD, INC., a Florida corporation; WELL
 DONE WINDOWS, INC., a Florida corporation; and
 WELL HUNG WINDOWS & DOORS, LLC, a
 Florida limited liability company; E.R.O.
 CONSTRUCTION, INC., a Florida Corporation;
 LIOS CONCRETE CORP., a Florida Corporation;
 and ATLANTIC CONCRETE SYSTEMS, INC., a
 Florida Corporation,



132729404.1
        Third-Party Defendants.
                                                  /

          AMENDED SUBPOENA DUCES TECUM WITHOUT DEPOSITION

THE STATE OF FLORIDA

 TO:    Records Custodian for Emporl, Inc. d/b/a EmpireWorks
        Reconstruction and Painting
        CORPORATION SERVICE COMPANY
        1201 HAYS STREET
        TALLAHASSEE, FL 32301

       YOU ARE COMMANDED to appear at the law offices of Carlton Fields, P.A., 200 S.
Orange Avenue, Suite 1000, Orlando, Florida 32801 on June 12, 2023 at 9:30a.m. EST, and to
have with you at said time and place the following:

   1.         All contracts, including addenda and modifications thereto, to perform on-site testing
              at the Villas at Emerald Lake townhomes community, located in Kissimmee, Florida.
   2.         All proposals, invoices, and estimates relating to on-site testing at the Villas at Emerald
              Lake townhomes community.
   3.         All documents relating to or reflecting payment(s) received by Empire Works
              Reconstruction and Painting (“Empire Works”) in connection with on-site testing,
              repairs, remediation and/or other services provided in connection with the Villas at
              Emerald Lake townhomes community.
   4.         All work orders, drawings and other documents relating to on-site testing at the Villas
              at Emerald Lake townhomes community.
   5.         All correspondence, emails, text messages, and other forms of electronic
              communications relating to on-site testing at the Villas at Emerald Lake townhomes
              community.
   6.         All photographs and videos taken in connection with on-site testing at the Villas at
              Emerald Lake townhomes community.
   7.         All field notes and memoranda taken in connection with on-site testing at the Villas at
              Emerald Lake townhomes community.




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   8.          All documents relating to or referencing destructive or other testing at the Villas at
               Emerald Lake townhomes community, including but not limited to, any instructions
               provided or received in connection with the testing.
   9.          All documents relating to repairs or remediation work performed at the Villas at
               Emerald Lake townhomes community, including but not limited to, scope of work
               documents and instructions.
   10.         All samples or other physical materials taken from the Villas at Emerald Lake
               townhomes community during on-site destructive testing.
   11.         All communications with any representative, agent, or board member of the Villas at
               Emerald Lake Homeowners Association, Inc. relating to the Villas at Emerald Lake
               townhomes community.
   12.         All communications with any current or former homeowner or resident of the Villas at
               Emerald Lake townhomes community regarding the community.
   13.         All communications with any agent, representative or employee of Ball Janik, LLP
               regarding the Villas at Emerald Lake townhomes community.
   14.         All contracts and scope of work documents, including addenda and modifications
               thereto, relating to repairs or remediation work performed at the Villas at Emerald Lake
               townhomes community.
   15.         All documents, summaries and reports relating to or reflecting opinions, findings and/or
               observations of on-site conditions at the Villas at Emerald Lake townhomes
               community.
        These items will be inspected and may be copied at that time. You will not be required to
surrender the original items. You may comply with this subpoena by providing legible copies of
the items to be produced to the attorney whose name appears on this subpoena on or before the
scheduled date of production. You may condition the preparation of the copies upon the payment
in advance of the reasonable cost of preparation. You may mail or deliver the copies to the
attorney whose name appears on this subpoena and thereby eliminate your appearance at
the time and place specified above. You have the right to object to the production pursuant to
this subpoena at any time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE
TAKEN.
        IF YOU FAIL TO:

         (1)      appear as specified; or
         (2)      furnish the records specified above; or
         (3)      object to this Subpoena;


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you may be in contempt of court. You are subpoenaed to appear by the following attorney, and
unless excused from this Subpoena by this attorney or the Court, you shall respond to this
Subpoena as directed.

Dated on this April 21, 2023.

                                            /s/James Michael Walls
                                            Lannie D. Hough Jr.
                                            Florida Bar No. 149470
                                            James Michael Walls
                                            Florida Bar No. 706272
                                            Robin H. Leavengood
                                            Florida Bar No. 0547751
                                            CARLTON FIELDS, P.A.
                                            4221 W. BoyScout Boulevard
                                            Tampa, FL 33607-5780
                                            Telephone: (813)223-7000
                                            Facsimile: (813)229-4133
                                            lhouah@carltonfields.com
                                            nbonilla@carltonfields.com
                                            rleavengood@carltonfields.com
                                            mramos@carltonfields.com
                                            tmasquelier@carltonfields.com
                                            mwalls@carltonfields.com
                                            Attorneys for Defendant, Royal Oak Homes, LLC

If you are    a person with a disability who needs any accommodation in    order to participate
in this deposition, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact Terri Masquelier at 813-223-7000 or 4221 W. Boy Scout Blvd., Suite 1000,
Tampa, Florida, 33607, at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled appearance is less than 7
days; if you are hearing or voice impaired, call 711.




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