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Filing # 180652102 E-Filed 08/28/2023 01:48:37 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 DEFENDANT/THIRD-PARTY
liability company, f/k/a AVH ACQUISITION LLC; PLAINTIFF ROYAL OAK HOMES,
ADVANCED WRAPPING AND CONCRETE LLC’S MOTION FOR ORDER TO
SOLUTIONS OF CENTRAL FLORIDA, INC., a SHOW CAUSE TO NON-PARTY
Florida corporation; DON KING’S CONCRETE, VICTOR JUAN
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.
133766635.2
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,
133766635.2
Third-Party Defendants.
/
DEFENDANT/THIRD-PARTY PLAINTIFF ROYAL OAK HOMES, LLC’S MOTION
FOR ORDER TO SHOW CAUSE TO NON-PARTY VICTOR JUAN
Defendant/Third-Party Plaintiff Royal Oak Homes, LLC (“Royal Oak”) by and through
the undersigned counsel, moves this Court for entry of an Order, pursuant to Rule 1.410 and 1.351,
Florida Rules of Civil Procedure, to show cause as to why non-party, VICTOR JUAN, should not
be held in contempt of court for failure to produce at his deposition certain material he admittedly
possessed but did not bring with him to his deposition – including his warranty and homeowner’s
maintenance manual he was provided when he purchased his townhome from Royal Oak -- that
was responsive to this Court’s subpoena duces tecum for deposition, and states in support:
1. This action arises from a Complaint filed by the Plaintiff, Villas at Emerald Lake
Homeowners Association, Inc. (“Association” or “Plaintiff”), against Royal Oak, one of the
developers and general contractors of the subject project, for alleged construction defects
associated with the Villas at Emerald Lake townhome community located in Kissimmee, Osceola
County, Florida (“Villas” or the “Project”). See Second Am. Compl., at ¶ 11.
2. Victor Juan is one of the homeowners at Villas and previously served as a board
member on the Villas at Emerald Lakes Homeowners’ Association. Juan Dep. 9: 14-15; 30: 1-3,
Aug. 1, 2023, attached hereto as Exhibit 1. He is an original purchaser who purchased his
townhome directly from Royal Oak and who currently resides at this townhome located at 2902
Tanzanite Terrace, Kissimmee, Florida 34758. Juan Dep. 13: 18-20, Aug. 1, 2023.
3. On May 29, 2023, Royal Oak served a subpoena duces tecum for deposition on
Victor Juan commanding him to appear for deposition on August 1, 2023 at the offices of Legal
133766635.2
Realtime Reporting, 1101 Miranda Lane, Kissimmee, Florida 34741 and to provide copies of
documents described in the Exhibit A attached to the subpoena. See Subpoena Duces Tecum for
Deposition, attached hereto as Exhibit 2. Two of the items requested in the Exhibit A included:
x “Any and all maintenance manuals, instructions, or other documents you received
or obtained prior to, at, or after the purchase of your Residence.”
x “Any and all warranty agreements or contracts between you and Royal Oak
homes.”
Id at ¶¶ 4 and 16.
4. The Affidavit of Return of Service of the subpoena duces tecum for deposition is
attached hereto as Exhibit 3.
5. Mr. Juan was deposed on August 1, 2023 and testified under oath that Royal Oak
provided him with a copy of the warranty for his home and that he is still in possession of the
warranty he was given when he purchased his home:
Q: Did you ever ask anyone at Royal Oak Homes if the home had a
warranty coverage?
A: I never asked. They just give me the paperwork.
Q: Did you receive a copy of the warranty on your home?
A: Yes.
Q: Did you read it?
A: Yes.
Q: Do you still have a copy?
A: Yes.
Q: You do?
A: Yes.
133766635.2
Q: I’m going to show you what was previously marked as Exhibit 201.
Does this look like a copy of the warranty?
A: It looks different from the pages. It doesn’t match what I have.
Q: But you still have yours?
A: Yeah. It come, like, in a binder.
Juan Dep. 19-20: 18-12, Aug. 1, 2023.
6. Mr. Juan similarly testified that Royal Oak Homes provided him with a
maintenance manual when he purchased his home and that he is still in possession of the
maintenance manual he was given at the time he purchased his home:
Q: When you purchased your home from Royal Oak Homes, were you
provided with any instructions for maintenance of the home?
A: They gave me something similar like this, something like maintenance
on the front.
Q: Did you get a maintenance manual?
A: Yeah.
Q: Do you still have that manual?
A: Yeah.
Q: I’m going to show you what’s been previously marked as Exhibit 202.
Does this look like an accurate copy of what you received as a
maintenance manual when you bought the home at 2902 Tanzanite
Terrace?
A: No.
Q: It’s not this one?
A: No.
Q: But you do still have a copy --
A: I got it at home, yeah.
133766635.2
Juan Dep. 22: 2-19, Aug. 1, 2023.
7. On August 2, 2023, defense counsel called Mr. Juan requesting to pick up the
warranty document and maintenance manual at his home, or a convenient location, the next day
(August 3, 2023), copy it, and return it to him. (Foley Aff. ¶ 6). Mr. Juan stated he was not available
and would not agree to a different date and time to allow defense counsel to copy the warranty
document or maintenance manual. (Foley Aff. ¶ 6). He stated he was not willing to allow the
warranty document or maintenance manual to be copied at all. (Foley Aff. ¶ 6).
8. Royal Oak has made a good faith effort to obtain the documents, without court
intervention.
9. Mr. Juan testified that the version of the homeowner’s maintenance manual in
Royal Oak’s possession was not the maintenance manual he still possessed that was provided when
he purchased his townhome. Royal Oak has asserted the failure to maintain the townhome exterior
walls and roofs as a defense to the Plaintiff’s claims. The maintenance manual provides explicit
instructions for the maintenance of the roofs and walls of the townhome. It is therefore necessary
for Royal Oak to obtain this maintenance manual and Mr. Juan’s warranty information to properly
prepare a defense to Plaintiff’s claims.
WHEREFORE, Defendant/Third-Party Plaintiff, ROYAL OAK HOMES, LLC,
respectfully requests this Court enter an Order to Show Cause against Victor Juan, requiring Mr.
Juan to appear in Court with the subpoenaed warranty and maintenance manual in his possession,
for purposes of inspection and copying by Royal Oak and the other parties in this case, and for any
and all other relief this Court deems just and proper.
Respectfully submitted,
/s/ J. Michael Walls
133766635.2
Lannie D. Hough Jr.
Florida Bar No. 149470
James Michael Walls
Florida Bar No. 706272
Luis Prats
Florida Bar No. 329096
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
mwalls@carltonfields.com
lprats@carltonfields.com
rleavengood@carltonfields.com
anordman@carltonfields.com
slambe@carltonfields.com
nbonilla@carltonfields.com
krick@carltonfields.com
Attorneys for Defendant, Royal Oak Homes, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 28, 2023, the foregoing was electronically served to
all registered counsel of record and by physical service upon Victor Juan, 2902 Tanzanite Terrace,
Kissimmee, Florida 34748.
/s/ J. Michael Walls
Attorney
133766635.2
Exhibit
In The Matter Of:
Villas at Emerald Lake Homeowners Association, Inc. v.
Royal Oak Homes, LLC et al.
Victor Juan
August 1, 2023
Legal Realtime Reporting
622 E. Washington Street
Suite 200
Orlando, Florida 32801
Original File 08-01-23VictorJuan.txt
Min-U-Script® with Word Index
Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan
Royal Oak Homes, LLC et al. August 1, 2023
Page 3
IN THE CIRCUIT COURT OF THE A P P E A R A N C E S:
NINTH JUDICIAL CIRCUIT, IN
AND FOR OSCEOLA COUNTY, FLORIDA KASEY L. JOYCE, ESQUIRE
CASE NO.: 2020-CA-002942-ON OF: Ball Janik, LLP
201 East Pine Street
VILLAS AT EMERALD LAKE HOMEOWNERS Suite 600
ASSOCIATION, INC., a Florida not for Orlando, Florida 32801
profit corporation, kjoyce@balljanik.com
APPEARING ON BEHALF OF VILLAS AT EMERALD LAKE
Plaintiff, HOMEOWNERS ASSOCIATION, INC.
vs. FIONA E. FOLEY, ESQUIRE
OF: Carlton Fields, P.A.
ROYAL OAK HOMES, LLC, a Florida limited liability 4221 West Boy Scout Boulevard
company, f/k/a AVH ACQUISITION LLC; ADVANCED WRAPPING Suite 1000
AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a
Florida corporation; DON KING’S CONCRETE, INC., a Tampa, Florida 33607
Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., ffoley@carltonfields.com
a Florida corporation; IMPERIAL BUILDING CORPORATION, a APPEARING ON BEHALF OF ROYAL OAK HOMES, LLC
Florida corporation; PREMIER PLASTERING OF CENTRAL
FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida CHRISTOPHER RITCHIE, ESQUIRE (VIA ZOOM)
corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a OF: Galloway Johnson Tomplins Burr and Smith, PLC
Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, 118 East Garden Street
INC. n/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., Pensacola, Florida 32502
a Florida corporation; THE DIMILLO GROUP, LLC, a Florida critchie@gjtbs.com
limited liability company; WOLF’S IRRIGATION & APPEARING ON BEHALF OF HOBBIT WINDOWS, LLC
LANDSCAPING, INC., a Florida corporation; SUMMERPARK
HOMES, INC., a Florida corporation; BROWN + COMPANY
ARCHITECTURE, INC., a Florida corporation; JAMES MICHAEL MOORHEAD, ESQUIRE (VIA ZOOM)
EXPERT PAINTING & PRESSURE WASHING, INC., a Florida OF: Wright, Fulford, Moorhead & Brown, P.A.
corporation, 505 Maitland Avenue
Suite 1000
Defendants. Altamonte Springs, Florida 32701
_______________________________________________________/ mmoorhead@wfmblaw.com
ROYAL OAK HOMES, LLC, f/k/a AVH ACQUISITION, APPEARING ON BEHALF OF WELL HUNG WINDOWS &
Cross-Claim Plaintiff, DOORS, LLC
vs. ANDREW E. HOLLWAY, ESQUIRE (VIA ZOOM)
OF: Hill, Ward, Henderson
ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL 101 East Kennedy Boulevard
FLORIDA, INC., a Florida corporation; DON KING’S Suite 3700
CONCRETE, INC., a Florida corporation; HUGH MACDONALD Tampa, Florida 33602
CONSTRUCTION, INC., a Florida corporation; IMPERIAL andrew.holway@hwhlaw.com
BUILDING CORPORATION, a Florida corporation; PREMIER APPEARING ON BEHALF OF WEINTRAUB INSPECTIONS &
PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, FORENSICS, INC., n/k/a WEINTRAUB ENGINEERING
INC., a Florida corporation; WEATHERMASTER BUILDING AND INSPECTIONS, INC.
PRODUCTS, INC., a Florida corporation; WEINTRAUB
INSPECTIONS & FORENSICS, INC. n/k/a WEINTRAUB
Page 4
ENGINEERING AND INSPECTIONS, INC., a Florida A P P E A R A N C E S: (CONTINUED)
corporation; WOLF’S IRRIGATION & LANDSCAPING, INC., a
Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., PETER J. KAPSALES, ESQUIRE (VIA ZOOM)
a Florida corporation; EXPERT PAINTING & PRESSURE OF: Milne Law Group, P.A.
WASHING, INC., a Florida corporation, 301 East Pine Street
Suite 525
Cross-Claim Defendants. Orlando, Florida 32801
_______________________________________________________/ pkapsales@milnelawgroup.com
WEATHERMASTER BUILDING PRODUCTS, APPEARING ON BEHALF OF WEATHERMASTER BUILDING
INC., a Florida Corporation; DON KING’S PRODUCTS, INC.
CONCRETE INC., a Florida Corporation,
BRENDEN C. COLLINS, ESQUIRE (VIA ZOOM)
Third-Party Plaintiff, OF: Galloway, Johnson, Tompkins, Burr & Smith
400 North Ashley Drive
vs. Suite 1000
Tampa, Florida 33602
ALL GLASS INSTALLATION CORP., a Florida corporation; bcollins@gallowaylawfirm.com
CASEY HAWKINS GLASS, INC., a Florida corporation; DEAN APPEARING ON BEHALF OF CASEY HAWKINS GLASS,
NESBIT, LLC, a Florida limited liability company; INC.
HELBERG ENGERPRISES, LLC, a Florida limited liability
company; HOBBIT WINDOWS, LLC, a Florida limited KIRA TSIRING, ESQUIRE (VIA ZOOM)
liability company; T&M CONSTRUCTION OF SANFORD, INC., a OF: Hamilton, Miller & Birthisel, LLP
Florida corporation; WELL DONE WINDOWS, INC., a Florida 150 Southeast Second Avenue
corporation; and WELL HUNG WINDOWS & DOORS, LLC, a Suite 1200
Florida limited liability company; E.R.O. CONSTRUCTION,
INC., a Florida Corporation; LIOS CONCRETE CORP., a Miami, Florida 33131
Florida Corporation; and ATLANTIC CONCRETE SYSTEMS, ktsiring@hamiltonmillerlaw.com
INC., a Florida Corporation, APPEARING ON BEHALF OF TGK STUCCO, INC.
Third-Party Defendants. BETH A. TOBEY, ESQUIRE (VIA ZOOM)
_______________________________________________________/ OF: Law Office of Thamir A.R. Kaddouri, Jr., P.A.
3220 West Cypress Street
* * * * * * * * * * * * * * * * * * * * * * * * * * Tampa, Florida 33607
beth.tobey@tampalaw.org
DEPOSITION OF: VICTOR JUAN APPEARING ON BEHALF OF IMPERIAL BUILDING
CORPORATION
DATE TAKEN: August 1, 2023
SCOTT ROSS, ESQUIRE (VIA ZOOM)
TIME: 2:43 p.m. - 3:32 p.m. OF: Groelle & Salmon, P.A.
1715 North Westshore Boulevard
PLACE: Via Zoom Suite 320
Tampa, Florida 33607
REPORTED BY: SANDRA D. BROWN, FPR, sross@gspalaw.com
Court Reporter and Notary Public APPEARING ON BEHALF OF HELBERG ENTERPRISES,
State of Florida at Large LLC
Min-U-Script® Legal Realtime Reporting (1) Pages 3 - 4
Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan
Royal Oak Homes, LLC et al. August 1, 2023
Page 5 Page 7
A P P E A R A N C E S: (CONTINUED) 1 PROCEEDINGS
2 * * * * *
JAYNE A. PITTMAN, ESQUIRE (VIA ZOOM)
3 THE COURT REPORTER: Do you swear or affirm
OF: Conroy Simberg
Two South Orange Avenue
4 the testimony you're about to give will be the
Suite 300 5 truth, the whole truth, and nothing but the truth?
Orlando, Florida 32801 6 THE WITNESS: Yes.
jpittman@conroysimberg.com 7 VICTOR JUAN,
APPEARING ON BEHALF OF ADVANCED WRAPPING AND 8 having been first duly sworn, testified under oath as
9 follows:
CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC.
CAROLINE A. ADAMS, ESQUIRE (VIA ZOOM)
10 DIRECT EXAMINATION
OF: Butler Weihmuller Katz Craig, LLP 11 BY MS. FOLEY:
400 North Ashley Drive 12 Q Good morning --
Suite 2300 13 A Good morning.
Tampa, Florida 33602 14 Q -- or afternoon, I guess. Can you please
cadams@butler.legal
15 state your full name for the record?
A Victor Rafael Juan Casanova.
APPEARING ON BEHALF OF DON KING'S CONCRETE,
16
INC.
17 Q What was the last --
BARRI A. REISCH, ESQUIRE (VIA ZOOM) 18 A Last name is Juan.
OF: Milber Makris Plousadis & Seiden, LLP 19 Q And you said one thing after it.
1900 NW Corporate Boulevard 20 A Casanova.
East Tower - Suite 440 21 Q Do you go by Victor Juan?
Boca Raton, Florida 33431
breisch@milbermakris.com
22 A Victor Juan, yeah.
APPEARING ON BEHALF OF BROWN + COMPANY 23 Q Mr. Juan, my name is Fiona Foley. I'm an
ARCHITECTURE, INC. 24 attorney for Carlton Fields. My office represents Royal
25 Oak Homes in a lawsuit being brought by Villas at
Page 6 Page 8
C O N T E N T S 1 Emerald Lake Homeowners Association.
TESTIMONY OF VICTOR JUAN 2 A Okay.
Direct Examination by Ms. Foley...................7 3 Q Have you ever given a deposition before?
Cross-Examination by Ms. Tsiring.................39
Cross-Examination by Ms. Adams...................40
4 A Yes.
Cross-Examination by Ms. Joyce...................41 5 Q Okay. I'm just going to go over some of the
CERTIFICATE OF REPORTER...............................43 6 rules, even though you may know what they are. This is
CERTIFICATE OF OATH ..................................44
ERRATA PAGE...........................................45
7 Sandra, she's the court reporter. She's taking
NOTIFICATION LETTER...................................46 8 everything down that we're saying. So it's important
9 that when I ask you a question, you wait until I finish
EXHIBITS
10 the question before you provide an answer. And the same
Exhibit No. 212 Notice of Taking Deposition Duces 11 way when you're providing an answer, I need to wait
Tecum..................................9 12 until you finish your answer before I ask a question,
just so we don't talk over each other. Okay?
Exhibit No. 213 Purchase Agreement documentation
Bates No. ROH-EMERALD 003008-003075...14 13
14 A Okay.
- - - - - 15 Q The other thing is, this is a bit of a hybrid
S T I P U L A T I O N S 16 situation. We're obviously, myself and Sandra and
17 Kasey, are in this room. There's many other attorneys
18 who are on Zoom, which is why the computer is in front
It is hereby agreed and so stipulated by
19 of you. But, as I said, she is taking everything down,
and between the parties hereto, through their 20 Sandra; she can't take down nods of heads or shaking or
respective counsel, that the reading and signing of
21 shrugs. It's hard for her to take down uh-huhs or
22 huh-uhs. So it's important that in addition to waiting
the transcript are expressly RESERVED by the 23 until each of us is finished talking that we use verbal
Deponent.
24 responses.
25 A Okay.
Min-U-Script® Legal Realtime Reporting (2) Pages 5 - 8
Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan
Royal Oak Homes, LLC et al. August 1, 2023
Page 9 Page 11
1 Q I don't think we'll be here too long, but if 1 Q Okay. Can you just read through this,
2 you need to take a break at any time, just let me know. 2 Exhibit A?
3 I would just ask that if I have a pending question, you 3 A "For the person of this" --
4 answer the question, and then you ask for a break. 4 Q You don't have to read it out loud. It's
5 A Okay. 5 primarily this section two where it says, "Documents to
6 Q And then the last thing is I will undoubtedly 6 be produced."
7 ask a stupid question or a poorly-worded question. If 7 A Okay.
8 you don't under a question, just let me know. You can 8 Q Did you bring anything with you to this
9 tell me you don't understand it, and I'll try and 9 deposition?
10 rephrase it or ask a different question or ask it in 10 A No.
11 another way. But if you answer the question, I'm going 11 Q Okay.
12 to assume that you understood it; is that fair? 12 A No.
13 A Okay. 13 Q Do you have -- in looking at these numbers, 1
14 Q What's your current address? 14 through 26, in those three pages, do you have any of
15 A 2902 Tanzanite Terrace, Kissimmee. 15 those documents?
16 Q Mr. Juan, ahead of your deposition today, did 16 A I don't have anything on this.
17 you speak with anybody regarding today's deposition? 17 Q So you didn't bring anything, any of those
18 A No. 18 documents?
19 Q I'm going to show you what we will mark as 19 A No. I have some of those at home.
20 Exhibit 212. 20 Q But none with you?
21 (Exhibit No. 212 was marked for 21 A Insurance.
22 identification.) 22 Q But you didn't bring any with you?
23 BY MS. FOLEY: 23 A No.
24 Q Do you see this Notice of Deposition? Did you 24 Q I want to get a little bit about your
25 receive this Notice of Deposition? 25 background, just some background questions.
Page 10 Page 12
1 A You know, I wasn't the specific person receive 1 What's your highest level of education?
2 it. It was my wife. I wasn't home when this happened. 2 A High school and second year in university.
3 I was out of state, so I didn't see it. So she was the 3 Q Where did you go to university?
4 one -- you know, she sent me a picture of the date that 4 A Puerto Rico.
5 I have to be here. 5 Q Did you obtain any kind of degree?
6 Q Okay. 6 A No.
7 A But the paper, I never see the paper. 7 Q Are you currently employed?
8 Q So you never actually looked at the paper? 8 A Yes.
9 A No. 9 Q Where do you work?
10 Q Okay. Did she send you photos of this fourth 10 A Westgate Florida Investment.
11 paper that says, "Exhibit A," and then there's some 11 Q What was that last word?
12 definitions, and then in section two it says, "Documents 12 A Investment. It's Westgate Florida Investment.
13 to be produced"? 13 Q What do you do? What's your position there?
14 A Well, she sent me a picture of something like 14 A I'm a pool manager.
15 that, but it was like, you know... 15 Q Is that an office job? Do you go to an
16 Q If you keep going through that document, if 16 office?
17 you get to the fourth page. 17 A Yes.
18 A This one? 18 Q Where is that office located?
19 Q One more. Do you see that Exhibit A? 19 A In Kissimmee.
20 A That one, yeah. 20 Q Do you have any background in construction?
21 Q Did you receive this document? 21 A No.
22 A No. 22 Q Have you ever had any background or ever had
23 Q Have you ever seen this page or this document 23 any jobs in construction?
24 as part of what your wife showed you? 24 A No.
25 A No. 25 Q I'm going to be asking you some questions
Min-U-Script® Legal Realtime Reporting (3) Pages 9 - 12
Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan
Royal Oak Homes, LLC et al. August 1, 2023
Page 13 Page 15
1 today about a lawsuit that's been filed by the 1 Q Do you see at the bottom of this page, there's
2 homeowners' association at the Villas at Emerald Lake 2 a purchaser number one, it says, "Victor R. Juan."
3 with respect to a home located at 2902 Tanzanite 3 There's a signature above it.
4 Terrace, Kissimmee. Is that your home? 4 A Correct.
5 A Correct. 5 Q Did you sign this contract?
6 Q How long have you lived at that address? 6 A Correct.
7 A It's been about 2015. 7 Q Did you read this contract before you signed
8 Q Does anyone else reside in the home with you? 8 it?
9 A Is someone what? 9 A Correct.
10 Q Does anyone else live with you? 10 Q If you continue through the documents I gave
11 A Yeah, my wife. 11 you, at the bottom it says, "ROH-EMERALD-003016."
12 Q What's her name? 12 A That's on this page?
13 A Kaley Gonzalez. 13 Q It's not the next page, it's six pages after
14 Q Kaley with a K? 14 the one we just looked at. The number at the bottom is
15 A Yes. 15 003016. It should be a picture of the layout.
16 Q Is it K-A-L-E-Y? 16 A What was the number again?
17 A Correct. 17 Q 003016.
18 Q Did you purchase that home from Royal Oak 18 A (Indicating).
19 Homes? 19 Q Yes.
20 A That's correct. 20 A So tiny, those numbers. I can't see it.
21 Q Do you recall when that was? 21 Q Sorry about that. Is this the layout of your
22 A It was June 2015. 22 home at 2902 Tanzanite Terrace?
23 Q Prior to purchasing the home at 2902 Tanzanite 23 A That's correct.
24 Terrace, had you ever previously purchased a home from 24 Q And on the first floor of your home at 2902
25 Royal Oak Homes? 25 Tanzanite Terrace, can you tell me what the surface of
Page 14 Page 16
1 A No. 1 the floor is in each room?
2 Q I'm going to show you what we'll mark as 2 A One bedroom is carpet, and the rest is
3 Exhibit 213. 3 ceramic.
4 (Exhibit No. 213 was marked for 4 Q Is that ceramic tile?
5 identification.) 5 A Tile, yeah.
6 BY MS. FOLEY: 6 Q And when you say, "the rest," can you tell
7 Q This is documentation that was produced. The 7 me -- and you can do it based on your memory or
8 Bates number is ROH-EMERALD-003008. Do you see the -- 8 knowledge of your home or this page, whatever you
9 it's the third page in what I gave you, but at the 9 prefer, can you walk me through the first floor layout
10 bottom, it says, "ROH-EMERALD-003010"? 10 of your home?
11 A The third page? 11 A Well, the entrance; to your left they have the
12 Q Yes. 12 laundry, bathroom, and a guest bedroom; then they have a
13 A On the bottom? 13 hallway. Underneath of the stairs we have a closet, and
14 Q It says, "ROH-EMERALD-003010." It's at the 14 then you have a -- you have the hallway, and you have
15 very bottom, right corner. The top of the page, it 15 the kitchen on the left. And then in front of the
16 should say, "Royal Oak Homes Purchase Agreement." 16 kitchen, they have the living room.
17 A This one? 17 Q Okay. Is the living room ceramic tile?
18 Q No. 18 A Yes.
19 A You said third page? 19 Q Is the kitchen ceramic tile?
20 Q Can you hand me really quickly what I gave 20 A Correct.
21 you? 21 Q Is the hallway ceramic tile?
22 Is this the purchase agreement between you and 22 A Correct.
23 Royal Oak Homes for the purchase of the home at 23 Q Is the guest bathroom, the bathroom
24 Tanzanite Terrace? 24 downstairs, is that ceramic tile?
25 A Yes. 25 A Correct.
Min-U-Script® Legal Realtime Reporting (4) Pages 13 - 16
Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan
Royal Oak Homes, LLC et al. August 1, 2023
Page 17 Page 19
1 Q And then the guest bedroom, or the bedroom, I 1 attention?
2 guess, downstairs, is that ceramic tile? 2 A The guy from the Royal Oak. I think it was
3 A No. 3 him.
4 Q That's carpet? 4 Q Were these issues corrected?
5 A Carpet. 5 A Yes.
6 Q Okay. And then when you walk in, that foyer, 6 Q Were all of them corrected?
7 is that carpet or ceramic tile? 7 A Yes.
8 A When you say "foyer"... 8 Q Regarding a home inspection, you indicated
9 Q When you first walk in the front door. 9 there was a home inspection, as well?
10 A Oh, yes, that's tile. 10 A Yes.
11 Q Prior to purchasing your home at 2902 11 Q Were you present at that?
12 Tanzanite Terrace, did you ever do a walk-through of the 12 A No.
13 house or the home prior to the purchase? 13 Q Do you know if the inspection found any issues
14 A That's correct. 14 with the home?
15 Q Do you know when that occurred? 15 A No.
16 A No. 16 Q Is that, no, you don't know, or, no --
17 Q Do you know if anyone was with you? 17 A No, I don't know.
18 A It was my -- if I recall, it was my Realtor, 18 Q Did you ever ask anyone at Royal Oak Homes if
19 and the person in charge of Royal Oak. 19 the home had a warranty coverage?
20 Q Anyone else? 20 A I never asked. They just give me the
21 A No. 21 paperwork.
22 Q Did you take any photos at that time? 22 Q Did you receive a copy of the warranty on your
23 A No. 23 home?
24 Q Did you take any notes? 24 A Yes.
25 A No. 25 Q Did you read it?
Page 18 Page 20
1 Q Do you know if there was a home inspection 1 A Yes.
2 done prior to closing on this house? 2 Q Do you still have a copy?
3 A Yes. 3 A Yes.
4 Q And do you know when that occurred? 4 Q You do?
5 A No. 5 A Yes.
6 Q Were you present at that inspection? 6 Q I'm going to show you what was previously
7 A Well, there was two inspections, so I was at 7 marked as Exhibit 201. Does this look like a copy of
8 one. 8 the warranty?
9 Q Going back to the walk-through, when you did a 9 A It looks different from the pages. It doesn't
10 walk-through of the house, did you come up with or did 10 match what I have.
11 you have any issues with the home prior to purchasing 11 Q But you still have yours?
12 it? 12 A Yeah. It come, like, in a binder.
13 A That's correct. 13 Q Okay.
14 Q Did you have any issues? 14 A And the same (indicating), they had that.
15 A Yes. 15 Q That logo on the front?
16 Q What were those issues? 16 A Yeah, correct.
17 A There was some -- the walls on the bathroom on 17 Q The warranty that you received, did you read
18 the first floor, there was on the second floor on the 18 it?
19 hallway, some wall damage. The second floor bathroom by 19 A Well, I read some, you know. I look at it,
20 the window, there was damage. How do you call that? 20 and I read some.
21 The border of the window. I don't know what you call 21 Q Prior to living at the home at 2902 Tanzanite
22 it. 22 Terrace, had you ever owned a stucco home?
23 Q And this was prior to you -- 23 A That was 2000 -- 1995, my first home.
24 A Before, yeah. 24 Q Where was that?
25 Q Did you bring these issues to anyone's 25 A That was in Kissimmee by Oak Street,
Min-U-Script® Legal Realtime Reporting (5) Pages 17 - 20
Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan
Royal Oak Homes, LLC et al. August 1, 2023
Page 21 Page 23
1 Kissimmee. 1 everything outside is taken care of by the HOA.
2 Q Was that a stucco home? 2 Q When you previously lived in 1995 at the other
3 A Yeah. 3 stucco home, you said you would paint it -- you painted
4 Q Did you ever have to do anything for that home 4 every two years?
5 in 1995 to maintain it? 5 A Yeah.
6 A No. 6 Q For the 2902 Tanzanite Terrace home, when you
7 Q Did you ever paint that home? 7 moved in, were you ever inspecting the paint for any
8 A Yes. 8 kind of peeling?
9 Q How often would you paint it? 9 A Yeah. I have some complaint about it, so...
10 A I painted every two years. 10 Q What was that complaint?
11 Q Did you ever have to caulk the exterior of 11 A You know, the outside of the building looks,
12 that home? 12 you know, like fading, the paint.
13 A Yes. 13 Q Did you make this complaint?
14 Q How often did you do that? 14 A Yes.
15 A The same, every two years. 15 Q Do you know when you made that complaint?
16 Q So that was in 1995. Did you live in that 16 A No.
17 home up until you moved into the 2902 Tanzanite Terrace? 17 Q Do you know who you would have made that
18 A No. I live there to 2000, approximately. 18 complaint to?
19 Q Where did you live after that? 19 A It was to the HOA management, Blue Water. No,
20 A Then I moved to Hunters Creek. 20 hold on. It was not Blue Water at that time. It was
21 Q Was that a stucco home? 21 Titan.
22 A No, that was -- I rented an apartment. 22 Q Do you recall making that complaint in
23 Q So other than the home you lived in in 23 writing?
24 Kissimmee in 1995, and the 2902 Tanzanite Terrace home, 24 A It was in person. It was -- the lady was in
25 have you ever lived in or owned a stucco home? 25 charge from the management. If I recall, her name was
Page 22 Page 24
1 A No. 1 Lauren.
2 Q When you purchased your home from Royal Oak 2 Q And do you recall what you exactly complained
3 Homes, were you provided with any instructions for 3 about?
4 maintenance of the home? 4 A It was the paint, the trash.
5 A They gave me something similar like this, 5 Q What about the trash?
6 something like maintenance on the front. 6 A The dumpster, they'll always be trash and
7 Q Did you get a maintenance manual? 7 full, stuff like that. The grass.
8 A Yeah. 8 Q Okay. Anything related to the exterior of
9 Q Do you still have that manual? 9 your home?
10 A Yeah. 10 A No.
11 Q I'm going to show you what's been previously 11 Q Would you be looking for any kind of issues
12 marked as Exhibit 202. Does this look like an accurate 12 with the surface of the exterior of your home on any
13 copy of what you received as a maintenance manual when 13 kind of regular basis?
14 you bought the home at 2902 Tanzanite Terrace? 14 A No.
15 A No. 15 Q Not even inspecting?
16 Q It's not this one? 16 A No.
17 A No. 17 Q If something like a hurricane came through,
18 Q But you do still have a copy -- 18 like Hurricane Ian in September of 2022, after that
19 A I got it at home, yeah. 19 would you be looking at the exterior surfaces for any
20 Q Regarding maintenance of your home at 2902, 20 kind of issues?
21 what is your understanding of any maintenance that you 21 A Yes, because I was looking that there was some
22 need to perform regarding the exterior finishes of the 22 water damage coming through.
23 home? 23 Q Have you ever painted your home?
24 A Nothing about it because that's taken care of 24 A Outside?
25 by the HOA. My understan
Preview
Filing # 180652102 E-Filed 08/28/2023 01:48:37 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 DEFENDANT/THIRD-PARTY liability company, f/k/a AVH ACQUISITION LLC; PLAINTIFF ROYAL OAK HOMES, ADVANCED WRAPPING AND CONCRETE LLC’S MOTION FOR ORDER TO SOLUTIONS OF CENTRAL FLORIDA, INC., a SHOW CAUSE TO NON-PARTY Florida corporation; DON KING’S CONCRETE, VICTOR JUAN 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. 133766635.2 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, 133766635.2 Third-Party Defendants. / DEFENDANT/THIRD-PARTY PLAINTIFF ROYAL OAK HOMES, LLC’S MOTION FOR ORDER TO SHOW CAUSE TO NON-PARTY VICTOR JUAN Defendant/Third-Party Plaintiff Royal Oak Homes, LLC (“Royal Oak”) by and through the undersigned counsel, moves this Court for entry of an Order, pursuant to Rule 1.410 and 1.351, Florida Rules of Civil Procedure, to show cause as to why non-party, VICTOR JUAN, should not be held in contempt of court for failure to produce at his deposition certain material he admittedly possessed but did not bring with him to his deposition – including his warranty and homeowner’s maintenance manual he was provided when he purchased his townhome from Royal Oak -- that was responsive to this Court’s subpoena duces tecum for deposition, and states in support: 1. This action arises from a Complaint filed by the Plaintiff, Villas at Emerald Lake Homeowners Association, Inc. (“Association” or “Plaintiff”), against Royal Oak, one of the developers and general contractors of the subject project, for alleged construction defects associated with the Villas at Emerald Lake townhome community located in Kissimmee, Osceola County, Florida (“Villas” or the “Project”). See Second Am. Compl., at ¶ 11. 2. Victor Juan is one of the homeowners at Villas and previously served as a board member on the Villas at Emerald Lakes Homeowners’ Association. Juan Dep. 9: 14-15; 30: 1-3, Aug. 1, 2023, attached hereto as Exhibit 1. He is an original purchaser who purchased his townhome directly from Royal Oak and who currently resides at this townhome located at 2902 Tanzanite Terrace, Kissimmee, Florida 34758. Juan Dep. 13: 18-20, Aug. 1, 2023. 3. On May 29, 2023, Royal Oak served a subpoena duces tecum for deposition on Victor Juan commanding him to appear for deposition on August 1, 2023 at the offices of Legal 133766635.2 Realtime Reporting, 1101 Miranda Lane, Kissimmee, Florida 34741 and to provide copies of documents described in the Exhibit A attached to the subpoena. See Subpoena Duces Tecum for Deposition, attached hereto as Exhibit 2. Two of the items requested in the Exhibit A included: x “Any and all maintenance manuals, instructions, or other documents you received or obtained prior to, at, or after the purchase of your Residence.” x “Any and all warranty agreements or contracts between you and Royal Oak homes.” Id at ¶¶ 4 and 16. 4. The Affidavit of Return of Service of the subpoena duces tecum for deposition is attached hereto as Exhibit 3. 5. Mr. Juan was deposed on August 1, 2023 and testified under oath that Royal Oak provided him with a copy of the warranty for his home and that he is still in possession of the warranty he was given when he purchased his home: Q: Did you ever ask anyone at Royal Oak Homes if the home had a warranty coverage? A: I never asked. They just give me the paperwork. Q: Did you receive a copy of the warranty on your home? A: Yes. Q: Did you read it? A: Yes. Q: Do you still have a copy? A: Yes. Q: You do? A: Yes. 133766635.2 Q: I’m going to show you what was previously marked as Exhibit 201. Does this look like a copy of the warranty? A: It looks different from the pages. It doesn’t match what I have. Q: But you still have yours? A: Yeah. It come, like, in a binder. Juan Dep. 19-20: 18-12, Aug. 1, 2023. 6. Mr. Juan similarly testified that Royal Oak Homes provided him with a maintenance manual when he purchased his home and that he is still in possession of the maintenance manual he was given at the time he purchased his home: Q: When you purchased your home from Royal Oak Homes, were you provided with any instructions for maintenance of the home? A: They gave me something similar like this, something like maintenance on the front. Q: Did you get a maintenance manual? A: Yeah. Q: Do you still have that manual? A: Yeah. Q: I’m going to show you what’s been previously marked as Exhibit 202. Does this look like an accurate copy of what you received as a maintenance manual when you bought the home at 2902 Tanzanite Terrace? A: No. Q: It’s not this one? A: No. Q: But you do still have a copy -- A: I got it at home, yeah. 133766635.2 Juan Dep. 22: 2-19, Aug. 1, 2023. 7. On August 2, 2023, defense counsel called Mr. Juan requesting to pick up the warranty document and maintenance manual at his home, or a convenient location, the next day (August 3, 2023), copy it, and return it to him. (Foley Aff. ¶ 6). Mr. Juan stated he was not available and would not agree to a different date and time to allow defense counsel to copy the warranty document or maintenance manual. (Foley Aff. ¶ 6). He stated he was not willing to allow the warranty document or maintenance manual to be copied at all. (Foley Aff. ¶ 6). 8. Royal Oak has made a good faith effort to obtain the documents, without court intervention. 9. Mr. Juan testified that the version of the homeowner’s maintenance manual in Royal Oak’s possession was not the maintenance manual he still possessed that was provided when he purchased his townhome. Royal Oak has asserted the failure to maintain the townhome exterior walls and roofs as a defense to the Plaintiff’s claims. The maintenance manual provides explicit instructions for the maintenance of the roofs and walls of the townhome. It is therefore necessary for Royal Oak to obtain this maintenance manual and Mr. Juan’s warranty information to properly prepare a defense to Plaintiff’s claims. WHEREFORE, Defendant/Third-Party Plaintiff, ROYAL OAK HOMES, LLC, respectfully requests this Court enter an Order to Show Cause against Victor Juan, requiring Mr. Juan to appear in Court with the subpoenaed warranty and maintenance manual in his possession, for purposes of inspection and copying by Royal Oak and the other parties in this case, and for any and all other relief this Court deems just and proper. Respectfully submitted, /s/ J. Michael Walls 133766635.2 Lannie D. Hough Jr. Florida Bar No. 149470 James Michael Walls Florida Bar No. 706272 Luis Prats Florida Bar No. 329096 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 mwalls@carltonfields.com lprats@carltonfields.com rleavengood@carltonfields.com anordman@carltonfields.com slambe@carltonfields.com nbonilla@carltonfields.com krick@carltonfields.com Attorneys for Defendant, Royal Oak Homes, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 28, 2023, the foregoing was electronically served to all registered counsel of record and by physical service upon Victor Juan, 2902 Tanzanite Terrace, Kissimmee, Florida 34748. /s/ J. Michael Walls Attorney 133766635.2 Exhibit In The Matter Of: Villas at Emerald Lake Homeowners Association, Inc. v. Royal Oak Homes, LLC et al. Victor Juan August 1, 2023 Legal Realtime Reporting 622 E. Washington Street Suite 200 Orlando, Florida 32801 Original File 08-01-23VictorJuan.txt Min-U-Script® with Word Index Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan Royal Oak Homes, LLC et al. August 1, 2023 Page 3 IN THE CIRCUIT COURT OF THE A P P E A R A N C E S: NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA KASEY L. JOYCE, ESQUIRE CASE NO.: 2020-CA-002942-ON OF: Ball Janik, LLP 201 East Pine Street VILLAS AT EMERALD LAKE HOMEOWNERS Suite 600 ASSOCIATION, INC., a Florida not for Orlando, Florida 32801 profit corporation, kjoyce@balljanik.com APPEARING ON BEHALF OF VILLAS AT EMERALD LAKE Plaintiff, HOMEOWNERS ASSOCIATION, INC. vs. FIONA E. FOLEY, ESQUIRE OF: Carlton Fields, P.A. ROYAL OAK HOMES, LLC, a Florida limited liability 4221 West Boy Scout Boulevard company, f/k/a AVH ACQUISITION LLC; ADVANCED WRAPPING Suite 1000 AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Tampa, Florida 33607 Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., ffoley@carltonfields.com a Florida corporation; IMPERIAL BUILDING CORPORATION, a APPEARING ON BEHALF OF ROYAL OAK HOMES, LLC Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida CHRISTOPHER RITCHIE, ESQUIRE (VIA ZOOM) corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a OF: Galloway Johnson Tomplins Burr and Smith, PLC Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, 118 East Garden Street INC. n/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., Pensacola, Florida 32502 a Florida corporation; THE DIMILLO GROUP, LLC, a Florida critchie@gjtbs.com limited liability company; WOLF’S IRRIGATION & APPEARING ON BEHALF OF HOBBIT WINDOWS, LLC LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; JAMES MICHAEL MOORHEAD, ESQUIRE (VIA ZOOM) EXPERT PAINTING & PRESSURE WASHING, INC., a Florida OF: Wright, Fulford, Moorhead & Brown, P.A. corporation, 505 Maitland Avenue Suite 1000 Defendants. Altamonte Springs, Florida 32701 _______________________________________________________/ mmoorhead@wfmblaw.com ROYAL OAK HOMES, LLC, f/k/a AVH ACQUISITION, APPEARING ON BEHALF OF WELL HUNG WINDOWS & Cross-Claim Plaintiff, DOORS, LLC vs. ANDREW E. HOLLWAY, ESQUIRE (VIA ZOOM) OF: Hill, Ward, Henderson ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL 101 East Kennedy Boulevard FLORIDA, INC., a Florida corporation; DON KING’S Suite 3700 CONCRETE, INC., a Florida corporation; HUGH MACDONALD Tampa, Florida 33602 CONSTRUCTION, INC., a Florida corporation; IMPERIAL andrew.holway@hwhlaw.com BUILDING CORPORATION, a Florida corporation; PREMIER APPEARING ON BEHALF OF WEINTRAUB INSPECTIONS & PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, FORENSICS, INC., n/k/a WEINTRAUB ENGINEERING INC., a Florida corporation; WEATHERMASTER BUILDING AND INSPECTIONS, INC. PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. n/k/a WEINTRAUB Page 4 ENGINEERING AND INSPECTIONS, INC., a Florida A P P E A R A N C E S: (CONTINUED) corporation; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., PETER J. KAPSALES, ESQUIRE (VIA ZOOM) a Florida corporation; EXPERT PAINTING & PRESSURE OF: Milne Law Group, P.A. WASHING, INC., a Florida corporation, 301 East Pine Street Suite 525 Cross-Claim Defendants. Orlando, Florida 32801 _______________________________________________________/ pkapsales@milnelawgroup.com WEATHERMASTER BUILDING PRODUCTS, APPEARING ON BEHALF OF WEATHERMASTER BUILDING INC., a Florida Corporation; DON KING’S PRODUCTS, INC. CONCRETE INC., a Florida Corporation, BRENDEN C. COLLINS, ESQUIRE (VIA ZOOM) Third-Party Plaintiff, OF: Galloway, Johnson, Tompkins, Burr & Smith 400 North Ashley Drive vs. Suite 1000 Tampa, Florida 33602 ALL GLASS INSTALLATION CORP., a Florida corporation; bcollins@gallowaylawfirm.com CASEY HAWKINS GLASS, INC., a Florida corporation; DEAN APPEARING ON BEHALF OF CASEY HAWKINS GLASS, NESBIT, LLC, a Florida limited liability company; INC. HELBERG ENGERPRISES, LLC, a Florida limited liability company; HOBBIT WINDOWS, LLC, a Florida limited KIRA TSIRING, ESQUIRE (VIA ZOOM) liability company; T&M CONSTRUCTION OF SANFORD, INC., a OF: Hamilton, Miller & Birthisel, LLP Florida corporation; WELL DONE WINDOWS, INC., a Florida 150 Southeast Second Avenue corporation; and WELL HUNG WINDOWS & DOORS, LLC, a Suite 1200 Florida limited liability company; E.R.O. CONSTRUCTION, INC., a Florida Corporation; LIOS CONCRETE CORP., a Miami, Florida 33131 Florida Corporation; and ATLANTIC CONCRETE SYSTEMS, ktsiring@hamiltonmillerlaw.com INC., a Florida Corporation, APPEARING ON BEHALF OF TGK STUCCO, INC. Third-Party Defendants. BETH A. TOBEY, ESQUIRE (VIA ZOOM) _______________________________________________________/ OF: Law Office of Thamir A.R. Kaddouri, Jr., P.A. 3220 West Cypress Street * * * * * * * * * * * * * * * * * * * * * * * * * * Tampa, Florida 33607 beth.tobey@tampalaw.org DEPOSITION OF: VICTOR JUAN APPEARING ON BEHALF OF IMPERIAL BUILDING CORPORATION DATE TAKEN: August 1, 2023 SCOTT ROSS, ESQUIRE (VIA ZOOM) TIME: 2:43 p.m. - 3:32 p.m. OF: Groelle & Salmon, P.A. 1715 North Westshore Boulevard PLACE: Via Zoom Suite 320 Tampa, Florida 33607 REPORTED BY: SANDRA D. BROWN, FPR, sross@gspalaw.com Court Reporter and Notary Public APPEARING ON BEHALF OF HELBERG ENTERPRISES, State of Florida at Large LLC Min-U-Script® Legal Realtime Reporting (1) Pages 3 - 4 Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan Royal Oak Homes, LLC et al. August 1, 2023 Page 5 Page 7 A P P E A R A N C E S: (CONTINUED) 1 PROCEEDINGS 2 * * * * * JAYNE A. PITTMAN, ESQUIRE (VIA ZOOM) 3 THE COURT REPORTER: Do you swear or affirm OF: Conroy Simberg Two South Orange Avenue 4 the testimony you're about to give will be the Suite 300 5 truth, the whole truth, and nothing but the truth? Orlando, Florida 32801 6 THE WITNESS: Yes. jpittman@conroysimberg.com 7 VICTOR JUAN, APPEARING ON BEHALF OF ADVANCED WRAPPING AND 8 having been first duly sworn, testified under oath as 9 follows: CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC. CAROLINE A. ADAMS, ESQUIRE (VIA ZOOM) 10 DIRECT EXAMINATION OF: Butler Weihmuller Katz Craig, LLP 11 BY MS. FOLEY: 400 North Ashley Drive 12 Q Good morning -- Suite 2300 13 A Good morning. Tampa, Florida 33602 14 Q -- or afternoon, I guess. Can you please cadams@butler.legal 15 state your full name for the record? A Victor Rafael Juan Casanova. APPEARING ON BEHALF OF DON KING'S CONCRETE, 16 INC. 17 Q What was the last -- BARRI A. REISCH, ESQUIRE (VIA ZOOM) 18 A Last name is Juan. OF: Milber Makris Plousadis & Seiden, LLP 19 Q And you said one thing after it. 1900 NW Corporate Boulevard 20 A Casanova. East Tower - Suite 440 21 Q Do you go by Victor Juan? Boca Raton, Florida 33431 breisch@milbermakris.com 22 A Victor Juan, yeah. APPEARING ON BEHALF OF BROWN + COMPANY 23 Q Mr. Juan, my name is Fiona Foley. I'm an ARCHITECTURE, INC. 24 attorney for Carlton Fields. My office represents Royal 25 Oak Homes in a lawsuit being brought by Villas at Page 6 Page 8 C O N T E N T S 1 Emerald Lake Homeowners Association. TESTIMONY OF VICTOR JUAN 2 A Okay. Direct Examination by Ms. Foley...................7 3 Q Have you ever given a deposition before? Cross-Examination by Ms. Tsiring.................39 Cross-Examination by Ms. Adams...................40 4 A Yes. Cross-Examination by Ms. Joyce...................41 5 Q Okay. I'm just going to go over some of the CERTIFICATE OF REPORTER...............................43 6 rules, even though you may know what they are. This is CERTIFICATE OF OATH ..................................44 ERRATA PAGE...........................................45 7 Sandra, she's the court reporter. She's taking NOTIFICATION LETTER...................................46 8 everything down that we're saying. So it's important 9 that when I ask you a question, you wait until I finish EXHIBITS 10 the question before you provide an answer. And the same Exhibit No. 212 Notice of Taking Deposition Duces 11 way when you're providing an answer, I need to wait Tecum..................................9 12 until you finish your answer before I ask a question, just so we don't talk over each other. Okay? Exhibit No. 213 Purchase Agreement documentation Bates No. ROH-EMERALD 003008-003075...14 13 14 A Okay. - - - - - 15 Q The other thing is, this is a bit of a hybrid S T I P U L A T I O N S 16 situation. We're obviously, myself and Sandra and 17 Kasey, are in this room. There's many other attorneys 18 who are on Zoom, which is why the computer is in front It is hereby agreed and so stipulated by 19 of you. But, as I said, she is taking everything down, and between the parties hereto, through their 20 Sandra; she can't take down nods of heads or shaking or respective counsel, that the reading and signing of 21 shrugs. It's hard for her to take down uh-huhs or 22 huh-uhs. So it's important that in addition to waiting the transcript are expressly RESERVED by the 23 until each of us is finished talking that we use verbal Deponent. 24 responses. 25 A Okay. Min-U-Script® Legal Realtime Reporting (2) Pages 5 - 8 Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan Royal Oak Homes, LLC et al. August 1, 2023 Page 9 Page 11 1 Q I don't think we'll be here too long, but if 1 Q Okay. Can you just read through this, 2 you need to take a break at any time, just let me know. 2 Exhibit A? 3 I would just ask that if I have a pending question, you 3 A "For the person of this" -- 4 answer the question, and then you ask for a break. 4 Q You don't have to read it out loud. It's 5 A Okay. 5 primarily this section two where it says, "Documents to 6 Q And then the last thing is I will undoubtedly 6 be produced." 7 ask a stupid question or a poorly-worded question. If 7 A Okay. 8 you don't under a question, just let me know. You can 8 Q Did you bring anything with you to this 9 tell me you don't understand it, and I'll try and 9 deposition? 10 rephrase it or ask a different question or ask it in 10 A No. 11 another way. But if you answer the question, I'm going 11 Q Okay. 12 to assume that you understood it; is that fair? 12 A No. 13 A Okay. 13 Q Do you have -- in looking at these numbers, 1 14 Q What's your current address? 14 through 26, in those three pages, do you have any of 15 A 2902 Tanzanite Terrace, Kissimmee. 15 those documents? 16 Q Mr. Juan, ahead of your deposition today, did 16 A I don't have anything on this. 17 you speak with anybody regarding today's deposition? 17 Q So you didn't bring anything, any of those 18 A No. 18 documents? 19 Q I'm going to show you what we will mark as 19 A No. I have some of those at home. 20 Exhibit 212. 20 Q But none with you? 21 (Exhibit No. 212 was marked for 21 A Insurance. 22 identification.) 22 Q But you didn't bring any with you? 23 BY MS. FOLEY: 23 A No. 24 Q Do you see this Notice of Deposition? Did you 24 Q I want to get a little bit about your 25 receive this Notice of Deposition? 25 background, just some background questions. Page 10 Page 12 1 A You know, I wasn't the specific person receive 1 What's your highest level of education? 2 it. It was my wife. I wasn't home when this happened. 2 A High school and second year in university. 3 I was out of state, so I didn't see it. So she was the 3 Q Where did you go to university? 4 one -- you know, she sent me a picture of the date that 4 A Puerto Rico. 5 I have to be here. 5 Q Did you obtain any kind of degree? 6 Q Okay. 6 A No. 7 A But the paper, I never see the paper. 7 Q Are you currently employed? 8 Q So you never actually looked at the paper? 8 A Yes. 9 A No. 9 Q Where do you work? 10 Q Okay. Did she send you photos of this fourth 10 A Westgate Florida Investment. 11 paper that says, "Exhibit A," and then there's some 11 Q What was that last word? 12 definitions, and then in section two it says, "Documents 12 A Investment. It's Westgate Florida Investment. 13 to be produced"? 13 Q What do you do? What's your position there? 14 A Well, she sent me a picture of something like 14 A I'm a pool manager. 15 that, but it was like, you know... 15 Q Is that an office job? Do you go to an 16 Q If you keep going through that document, if 16 office? 17 you get to the fourth page. 17 A Yes. 18 A This one? 18 Q Where is that office located? 19 Q One more. Do you see that Exhibit A? 19 A In Kissimmee. 20 A That one, yeah. 20 Q Do you have any background in construction? 21 Q Did you receive this document? 21 A No. 22 A No. 22 Q Have you ever had any background or ever had 23 Q Have you ever seen this page or this document 23 any jobs in construction? 24 as part of what your wife showed you? 24 A No. 25 A No. 25 Q I'm going to be asking you some questions Min-U-Script® Legal Realtime Reporting (3) Pages 9 - 12 Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan Royal Oak Homes, LLC et al. August 1, 2023 Page 13 Page 15 1 today about a lawsuit that's been filed by the 1 Q Do you see at the bottom of this page, there's 2 homeowners' association at the Villas at Emerald Lake 2 a purchaser number one, it says, "Victor R. Juan." 3 with respect to a home located at 2902 Tanzanite 3 There's a signature above it. 4 Terrace, Kissimmee. Is that your home? 4 A Correct. 5 A Correct. 5 Q Did you sign this contract? 6 Q How long have you lived at that address? 6 A Correct. 7 A It's been about 2015. 7 Q Did you read this contract before you signed 8 Q Does anyone else reside in the home with you? 8 it? 9 A Is someone what? 9 A Correct. 10 Q Does anyone else live with you? 10 Q If you continue through the documents I gave 11 A Yeah, my wife. 11 you, at the bottom it says, "ROH-EMERALD-003016." 12 Q What's her name? 12 A That's on this page? 13 A Kaley Gonzalez. 13 Q It's not the next page, it's six pages after 14 Q Kaley with a K? 14 the one we just looked at. The number at the bottom is 15 A Yes. 15 003016. It should be a picture of the layout. 16 Q Is it K-A-L-E-Y? 16 A What was the number again? 17 A Correct. 17 Q 003016. 18 Q Did you purchase that home from Royal Oak 18 A (Indicating). 19 Homes? 19 Q Yes. 20 A That's correct. 20 A So tiny, those numbers. I can't see it. 21 Q Do you recall when that was? 21 Q Sorry about that. Is this the layout of your 22 A It was June 2015. 22 home at 2902 Tanzanite Terrace? 23 Q Prior to purchasing the home at 2902 Tanzanite 23 A That's correct. 24 Terrace, had you ever previously purchased a home from 24 Q And on the first floor of your home at 2902 25 Royal Oak Homes? 25 Tanzanite Terrace, can you tell me what the surface of Page 14 Page 16 1 A No. 1 the floor is in each room? 2 Q I'm going to show you what we'll mark as 2 A One bedroom is carpet, and the rest is 3 Exhibit 213. 3 ceramic. 4 (Exhibit No. 213 was marked for 4 Q Is that ceramic tile? 5 identification.) 5 A Tile, yeah. 6 BY MS. FOLEY: 6 Q And when you say, "the rest," can you tell 7 Q This is documentation that was produced. The 7 me -- and you can do it based on your memory or 8 Bates number is ROH-EMERALD-003008. Do you see the -- 8 knowledge of your home or this page, whatever you 9 it's the third page in what I gave you, but at the 9 prefer, can you walk me through the first floor layout 10 bottom, it says, "ROH-EMERALD-003010"? 10 of your home? 11 A The third page? 11 A Well, the entrance; to your left they have the 12 Q Yes. 12 laundry, bathroom, and a guest bedroom; then they have a 13 A On the bottom? 13 hallway. Underneath of the stairs we have a closet, and 14 Q It says, "ROH-EMERALD-003010." It's at the 14 then you have a -- you have the hallway, and you have 15 very bottom, right corner. The top of the page, it 15 the kitchen on the left. And then in front of the 16 should say, "Royal Oak Homes Purchase Agreement." 16 kitchen, they have the living room. 17 A This one? 17 Q Okay. Is the living room ceramic tile? 18 Q No. 18 A Yes. 19 A You said third page? 19 Q Is the kitchen ceramic tile? 20 Q Can you hand me really quickly what I gave 20 A Correct. 21 you? 21 Q Is the hallway ceramic tile? 22 Is this the purchase agreement between you and 22 A Correct. 23 Royal Oak Homes for the purchase of the home at 23 Q Is the guest bathroom, the bathroom 24 Tanzanite Terrace? 24 downstairs, is that ceramic tile? 25 A Yes. 25 A Correct. Min-U-Script® Legal Realtime Reporting (4) Pages 13 - 16 Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan Royal Oak Homes, LLC et al. August 1, 2023 Page 17 Page 19 1 Q And then the guest bedroom, or the bedroom, I 1 attention? 2 guess, downstairs, is that ceramic tile? 2 A The guy from the Royal Oak. I think it was 3 A No. 3 him. 4 Q That's carpet? 4 Q Were these issues corrected? 5 A Carpet. 5 A Yes. 6 Q Okay. And then when you walk in, that foyer, 6 Q Were all of them corrected? 7 is that carpet or ceramic tile? 7 A Yes. 8 A When you say "foyer"... 8 Q Regarding a home inspection, you indicated 9 Q When you first walk in the front door. 9 there was a home inspection, as well? 10 A Oh, yes, that's tile. 10 A Yes. 11 Q Prior to purchasing your home at 2902 11 Q Were you present at that? 12 Tanzanite Terrace, did you ever do a walk-through of the 12 A No. 13 house or the home prior to the purchase? 13 Q Do you know if the inspection found any issues 14 A That's correct. 14 with the home? 15 Q Do you know when that occurred? 15 A No. 16 A No. 16 Q Is that, no, you don't know, or, no -- 17 Q Do you know if anyone was with you? 17 A No, I don't know. 18 A It was my -- if I recall, it was my Realtor, 18 Q Did you ever ask anyone at Royal Oak Homes if 19 and the person in charge of Royal Oak. 19 the home had a warranty coverage? 20 Q Anyone else? 20 A I never asked. They just give me the 21 A No. 21 paperwork. 22 Q Did you take any photos at that time? 22 Q Did you receive a copy of the warranty on your 23 A No. 23 home? 24 Q Did you take any notes? 24 A Yes. 25 A No. 25 Q Did you read it? Page 18 Page 20 1 Q Do you know if there was a home inspection 1 A Yes. 2 done prior to closing on this house? 2 Q Do you still have a copy? 3 A Yes. 3 A Yes. 4 Q And do you know when that occurred? 4 Q You do? 5 A No. 5 A Yes. 6 Q Were you present at that inspection? 6 Q I'm going to show you what was previously 7 A Well, there was two inspections, so I was at 7 marked as Exhibit 201. Does this look like a copy of 8 one. 8 the warranty? 9 Q Going back to the walk-through, when you did a 9 A It looks different from the pages. It doesn't 10 walk-through of the house, did you come up with or did 10 match what I have. 11 you have any issues with the home prior to purchasing 11 Q But you still have yours? 12 it? 12 A Yeah. It come, like, in a binder. 13 A That's correct. 13 Q Okay. 14 Q Did you have any issues? 14 A And the same (indicating), they had that. 15 A Yes. 15 Q That logo on the front? 16 Q What were those issues? 16 A Yeah, correct. 17 A There was some -- the walls on the bathroom on 17 Q The warranty that you received, did you read 18 the first floor, there was on the second floor on the 18 it? 19 hallway, some wall damage. The second floor bathroom by 19 A Well, I read some, you know. I look at it, 20 the window, there was damage. How do you call that? 20 and I read some. 21 The border of the window. I don't know what you call 21 Q Prior to living at the home at 2902 Tanzanite 22 it. 22 Terrace, had you ever owned a stucco home? 23 Q And this was prior to you -- 23 A That was 2000 -- 1995, my first home. 24 A Before, yeah. 24 Q Where was that? 25 Q Did you bring these issues to anyone's 25 A That was in Kissimmee by Oak Street, Min-U-Script® Legal Realtime Reporting (5) Pages 17 - 20 Villas at Emerald Lake Homeowners Association, Inc. v. Victor Juan Royal Oak Homes, LLC et al. August 1, 2023 Page 21 Page 23 1 Kissimmee. 1 everything outside is taken care of by the HOA. 2 Q Was that a stucco home? 2 Q When you previously lived in 1995 at the other 3 A Yeah. 3 stucco home, you said you would paint it -- you painted 4 Q Did you ever have to do anything for that home 4 every two years? 5 in 1995 to maintain it? 5 A Yeah. 6 A No. 6 Q For the 2902 Tanzanite Terrace home, when you 7 Q Did you ever paint that home? 7 moved in, were you ever inspecting the paint for any 8 A Yes. 8 kind of peeling? 9 Q How often would you paint it? 9 A Yeah. I have some complaint about it, so... 10 A I painted every two years. 10 Q What was that complaint? 11 Q Did you ever have to caulk the exterior of 11 A You know, the outside of the building looks, 12 that home? 12 you know, like fading, the paint. 13 A Yes. 13 Q Did you make this complaint? 14 Q How often did you do that? 14 A Yes. 15 A The same, every two years. 15 Q Do you know when you made that complaint? 16 Q So that was in 1995. Did you live in that 16 A No. 17 home up until you moved into the 2902 Tanzanite Terrace? 17 Q Do you know who you would have made that 18 A No. I live there to 2000, approximately. 18 complaint to? 19 Q Where did you live after that? 19 A It was to the HOA management, Blue Water. No, 20 A Then I moved to Hunters Creek. 20 hold on. It was not Blue Water at that time. It was 21 Q Was that a stucco home? 21 Titan. 22 A No, that was -- I rented an apartment. 22 Q Do you recall making that complaint in 23 Q So other than the home you lived in in 23 writing? 24 Kissimmee in 1995, and the 2902 Tanzanite Terrace home, 24 A It was in person. It was -- the lady was in 25 have you ever lived in or owned a stucco home? 25 charge from the management. If I recall, her name was Page 22 Page 24 1 A No. 1 Lauren. 2 Q When you purchased your home from Royal Oak 2 Q And do you recall what you exactly complained 3 Homes, were you provided with any instructions for 3 about? 4 maintenance of the home? 4 A It was the paint, the trash. 5 A They gave me something similar like this, 5 Q What about the trash? 6 something like maintenance on the front. 6 A The dumpster, they'll always be trash and 7 Q Did you get a maintenance manual? 7 full, stuff like that. The grass. 8 A Yeah. 8 Q Okay. Anything related to the exterior of 9 Q Do you still have that manual? 9 your home? 10 A Yeah. 10 A No. 11 Q I'm going to show you what's been previously 11 Q Would you be looking for any kind of issues 12 marked as Exhibit 202. Does this look like an accurate 12 with the surface of the exterior of your home on any 13 copy of what you received as a maintenance manual when 13 kind of regular basis? 14 you bought the home at 2902 Tanzanite Terrace? 14 A No. 15 A No. 15 Q Not even inspecting? 16 Q It's not this one? 16 A No. 17 A No. 17 Q If something like a hurricane came through, 18 Q But you do still have a copy -- 18 like Hurricane Ian in September of 2022, after that 19 A I got it at home, yeah. 19 would you be looking at the exterior surfaces for any 20 Q Regarding maintenance of your home at 2902, 20 kind of issues? 21 what is your understanding of any maintenance that you 21 A Yes, because I was looking that there was some 22 need to perform regarding the exterior finishes of the 22 water damage coming through. 23 home? 23 Q Have you ever painted your home? 24 A Nothing about it because that's taken care of 24 A Outside? 25 by the HOA. My understan