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

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                                Filing # 178695338 E-Filed 08/01/2023 04:00:22 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,

                                               Milne Law Group, P.A.
                                 301 E. Pine Street Suite 525 Orlando, FL 32801
                           (321) 558-7700 (407) 641-2111-Fax www.milnelawgroup.com
                                                     1
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.
_________________________________________/

          THIRD-PARTY PLAINTIFF, WEATHERMASTER BUILDING
        PRODUCTS, INC.’S RESPONSE TO THIRD-PARTY DEFENDANT,
      HELBERG ENTERPRISES, LLC’S FIRST REQUEST FOR PRODUCTION

      Defendant/Third-Party Plaintiff, WEATHERMASTER BUILDING PRODUCTS, INC.’s


                                       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
(“WEATHERMASTER”), by and through its undersigned counsel, and pursuant to Florida Rule

of Civil Procedure 1.350, hereby responds to Third-Party Defendant, HELBERG ENTERPRISES,

LLC’s (“HELBERG”) First Request for Production dated February 22, 2023, and states as follows:

                                  GENERAL OBJECTIONS

       A.       WEATHERMASTER objects to the instructions included as part of HELBERG’s

First Request for Production to the extent they purport to impose upon WEATHERMASTER

burdens or obligations greater than those imposed by the Florida Rules of Civil Procedure.

       B.       WEATHERMASTER objects to each request to the extent that it purports to require

the production of documents protected by the attorney-client and/or work product privileges.    To

the extent that WEATHERMASTER withholds any responsive documents from production based

on an assertion of such privilege(s), WEATHERMASTER will produce a privilege log reasonably

identifying the withheld documents.

       C.       With respect to any request that is objected to on the basis that it requests

confidential, trade secret, or proprietary information, WEATHERMASTER will agree to provide

the requested documents in redacted form, or pursuant to an appropriate confidentiality agreement

and/or order.

       D.       It is impossible for WEATHERMASTER to make any more specific privilege

objections due to the over breadth of this discovery and due to other objectionable aspects of this

discovery. As such, WEATHERMASTER objects to all requests that are phrased “any and all.”

This request is overly broad in both time and scope since, by its nature, it seeks documents which

encompass subjects that may not necessarily be discoverable or reasonably calculated to lead to

the discovery of admissible evidence. Edward J. Debartolo Corp. V. Petrin, 497 So.2d 936 (5th

DCA 1986).

                                         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
       E.     With respect to those documents as to which an objection is not raised herein,

WEATHERMASTER will produce copies of all responsive documents to WEATHERMASTER

upon advance payment of copying and delivery costs.

       F.     WEATHERMASTER reserves the right to supplement its responses to these

Requests to Produce as more information becomes known.

                                           RESPONSES

       1.     Please produce the “installation packet” provided to the installers by
WEATHERMASTER, as testified to by Darren Goff, on February 9, 2023, as the Corporate
Representative of WEATHERMASTER.

       RESPONSE:

       WEATHERMASTER has previously produced the “installation packet” provided to the
       installers by WEATHERMASTER, as testified to by Darren Goff, on February 9, 2023, as
       the Corporate Representative of WEATHERMASTER. These documents are bates
       numbered WEATHERMASTER 000457 – WEATHERMASTER 000469.


                                                  Respectfully Submitted,

                                                  /s/ Peter J. Kapsales
                                                  PETER J. KAPSALES, ESQ.
                                                  Florida Bar No.: 91176
                                                  SHAWN M. TRAUTMAN, ESQ.
                                                  Florida Bar No.: 124269
                                                  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
                                                          strautman@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
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                                CERTIFICATE OF SERVICE

       WE HEREBY CERTIFY that on this 1st day of August 2023, 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.




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