arrow left
arrow right
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview 
						
                                
Preview

                                Filing # 191469660 E-Filed 02/07/2024 02:45:32 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               JOINT STIPULATION FOR
         limited liability company; ADVANCED           WAIVER OF JURY TRIAL
         WRAPPING            AND        CONCRETE          FOR ALL CLAIMS
         SOLUTIONS OF CENTRAL FLORIDA,                 ASSERTED BY PLAINTIFF
         INC., a Florida corporation; DON KING’S        AGAINST ROYAL OAK
         CONCRETE, INC., a Florida corporation;             HOMES, LLC
         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 &


         135048397.1
PRESSURE WASHING, INC., a Florida
corporation,


       Defendants.



ROYAL OAK HOMES, LLC, a Florida
limited liability company,

       Crossclaim Plaintiff,

v.

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.



135048397.1
                                        /



 WEATHERMASTER               BUILDING
 PRODUCTS, 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,

       Third-Party Defendants.
                                        /

      JOINT STIPULATION FOR WAIVER OF JURY TRIAL FOR ALL
             CLAIMS ASSERTED BY PLAINTIFF AGAINST
                    ROYAL OAK HOMES, LLC

      Plaintiff, Villas at Emerald Lake Homeowners Association, Inc. (“the

Association”), and Defendant, Royal Oak Homes, LLC (“Royal Oak”), pursuant to

Florida Rule of Civil Procedure 1.430, files this Stipulation for Waiver of Jury Trial

for all claims asserted by Plaintiff against Royal Oak, and states:




135048397.1
      1.      On February 22, 2022, the Association filed the Second Amended

Complaint and Demand for Jury Trial against Royal Oak and its subcontractors in

relation to the Villas at Emerald Lake Townhome community located in Osceola

County, Florida (“Villas at Emerald Lake”).

      2.      In its Second Amended Complaint, the Association requested a jury

trial on its claims against Royal Oak, which all pertain to the Royal Oak townhomes

in Villas at Emerald Lake.

      3.      Royal Oak prepared a Motion to Strike Plaintiff’s Demand for Jury

Trial arguing that the purchasers of the townhomes waived their rights to a jury trial

on such claims, and the Association is bound by such waiver.

      4.      Prior to filing the motion and in accordance with Local Rule 5.3, Royal

Oak provided the Association with a copy of the motion and attempted in good faith

to resolve the issues raised in the motion. The Association disagreed. However, the

parties have conferred and both parties agree to the following stipulation:

      5.      The trial of this matter will be a jury trial inclusive of evidence related

to Plaintiff’s claims against Royal Oak.

      6.      Royal Oak will be included on the jury verdict form.

      7.      The Judge will rule on Plaintiff’s claims against Royal Oak after the

jury renders a verdict.




135048397.1
      8.      The Judge may take the jury’s verdict as to Royal Oak as an advisory

opinion.


 /s/ Jeffrey A. Widelitz                   /s/ James Michael Walls
 Jeffrey A. Widelitz, Esquire              James Michael Walls, Esquire
 Florida Bar No. 105642                    Florida Bar No. 706272
 BALL JANIK, LLP                           CARLTON FIELDS, P.A.
 201 E. Pine Street                        4221 W. Boy Scout Boulevard
 Orlando, FL 32801                         Tampa, FL 33607-5780
 Telephone: (407) 455-5664                 Telephone: (813) 223-7000
 Facsimile: (407) 902-2105                 Facsimile: (813) 229-4133
 jwidelitz@balljanik.com                   mwalls@carltonfields.com
 kjoyce@balljanik.com                      lprats@carltonfields.com
 pjoseph@balljanik.com                     rleavengood@carltonfields.com
 esmall@balljanik.com                      anordman@carltonfields.com
 ctribbey@balljanik.com                    slambe@carltonfields.com
 dtodd@balljanik.com                       ffoley@carltonfields.com
 cbetancourt@balljanik.com                 nbonilla@carltonfields.com
 bburton@balljanik.com                     krick@carltonfields.com
 Attorneys for Plaintiff, Villas at        fgonzalez@carltonfields.com
 Emerald Lake Homeowners                   Attorneys for Defendant, Royal Oak
 Association, Inc.                         Homes, LLC




                          CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on February 7, 2024, the foregoing was
electronically filed with the Clerk of the Court by using the E-filing Portal, which
will electronically serve this document to all registered counsel of record.

                                      /s/ James Michael Walls

                                      Attorney




135048397.1