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 # 144226438 E-Filed 02/18/2022 03:36:12 PM

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

                                                         CASE NO: 2020-CA-002942

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

              Plaintiff,
        v.

        ROYAL OAK HOMES, LLC, a Florida limited
        liability company; 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
        liabilitycompany; WOLF'S IRRIGATION &
        LANDSCAPING, INC., a Florida corporation;
        SUMMERPARK HOMES, INC., a Florida
        corporation;             BROWN+COMPANY
        ARCHITECTURE, 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.,
WOLF'S IRRIGATION & LANDSCAPING, INC.,
a Florida corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;

      Crossclaim Defendants.
_________________________________________/

WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation,

       Third-Party Plaintiff,
v.

ALL GLASS INSTALLATION CORP., a Florida
corporation; CASEY HAWKINS, GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited      liability     company; HELBERG
ENTERPRISES, 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.
_________________________________________/

                  DEFENDANT/ THIRD-PARTY PLAINTIFF,
       WEATHERMASTER BUILDING PRODUCTS, INC.’S REPLY TO THIRD-
     PARTY DEFENDANT, HOBBIT WINDOWS, LLC’S AFFIRMATIVE DEFENSES

       COMES NOW, Defendant/Third-Party Plaintiff, WEATHERMASTER BUILDING

PRODUCTS, INC., (“WEATHERMASTER”) by and through its undersigned counsel, hereby



                                      Milne Law Group, P.A.
                        301 E. Pine Street Suite 525 Orlando, FL 32801
                 (321) 558-7700 (407) 641-2111-Fax www.milnelawgroup.com
                                                2
serves its Reply to Third-Party Defendant, HOBBIT WINDOWS, LLC (“HOBBIT WINDOWS”)

Affirmative Defenses and states as follows:

        1.      On February 17, 2022, Third-Party Defendant, HOBBIT WINDOWS filed an

Answer and Affirmative Defenses to WEATHERMASTER’s Third Party Complaint.

        2.      WEATHERMASTER denies each and every affirmative defense and demands

strict proof thereof.

        3.      An affirmative defense is one that admits the cause of action asserted in the initial

pleading, but avoids liability wholly or partly by allegations of excuse, justification or other

matters negating the action. See Rule 1.110(d), Florida Rules of Civil Procedure, and St. Paul

Mercury Ins. Co. v. Coucher, 837 So. 2d 483, 487 (Fla. 5th DCA 2002). HOBBIT WINDOWS’

Affirmative Defenses are insufficiently pled as required by the Florida Rules of Civil Procedure

and Florida case law.

        4.      Certainty is required when pleading defenses and pleading conclusions of law

unsupported by allegations of ultimate fact is legally insufficient. Cady v. Chevy Chase Savings

and Loan, Inc., 528 So. 2d 136 (Fla. 4th DCA 1998). Furthermore, affirmative defenses should

constitute a mere denial of the allegations of the Complaint and must set forth facts in such a

manner as to reasonably inform the opposing party what is proposed to be proven in order to

provide WEATHERMASTER with a fair opportunity to meet it and prepare evidence in

opposition. Zito v. Washington Fed. Savings & Loan Assoc. of Miami Beach, 318 So. 2nd 175 (Fla.

3d DCA 1975). HOBBIT WINDOWS’ Affirmative Defenses are merely conclusions of law,

unsupported by allegation of ultimate fact, and therefore are legally insufficient and do not meet

the requisite pleading standard set forth in the Florida Rules of Civil Procedure.




                                        Milne Law Group, P.A.
                          301 E. Pine Street Suite 525 Orlando, FL 32801
                   (321) 558-7700 (407) 641-2111-Fax www.milnelawgroup.com
                                                  3
      WHEREFORE, Defendant/Third-Party Plaintiff, WEATHERMASTER BUILDING

PRODUCTS, INC. respectfully submits its Reply to Third-Party Defendant, HOBBIT

WINDOWS, LLC’s Affirmative Defenses.



                                            Respectfully submitted,

                                            /s/ Peter J. Kapsales
                                            PETER J. KAPSALES, ESQ.
                                            Florida Bar No.: 91176
                                            MARGARET M. EFTA, ESQ.
                                            Florida Bar No.: 125529
                                            MILNE LAW GROUP, P.A.
                                            301 East Pine Street, Suite 525
                                            Orlando, Florida 32801
                                            Tel: (321) 558-7700
                                            Fax: (407) 641-2111
                                            Email: pkapsales@milnelawgroup.com
                                                    mefta@milnelawgroup.com
                                                    eservice@milnelawgroup.com
                                            Attorneys for Defendant/ Third-Party
                                            Plaintiff, Weathermaster Building Products,
                                            Inc.




                                   Milne Law Group, P.A.
                     301 E. Pine Street Suite 525 Orlando, FL 32801
              (321) 558-7700 (407) 641-2111-Fax www.milnelawgroup.com
                                             4
                                 CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on this 18th day of February 2022 a true and correct copy of

the foregoing was filed with the Clerk of the Circuit Court using the Florida Courts’ e-Filing Portal,

which will deliver electronic copies of said filing pursuant to Fla. R. Jud. Admin. 2.516 to the

designated email addresses of all counsel of record.




                                                  By: /s/ Peter J. Kapsales_______
                                                      PETER J. KAPSALES, ESQ.




                                       Milne Law Group, P.A.
                         301 E. Pine Street Suite 525 Orlando, FL 32801
                  (321) 558-7700 (407) 641-2111-Fax www.milnelawgroup.com
                                                 5