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Filing # 144111222 E-Filed 02/17/2022 11:41:44 AM
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
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 liability
company; WOLF'S IRRIGATION &
LANDSCAPING, INC., a Florida corporation;
SUMMERPARK HOMES, INC., a Florida
corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida
corporation;
Defendants.
______________________________/
ANSWER AND AFFIRMATIVE DEFENSES TO WEATHERMASTER
BUILDING PRODUCTS, INC.’S THIRD-PARTY COMPLAINT
Third-Party Defendant Hobbit Windows, LLC (“HOBBIT”), by and through the
undersigned counsel, responds to Third-Party Plaintiff Weathermaster Building Products, Inc.’s
(“WEATHERMASTER”) Third-Party Complaint as follows:
PARTIES, JURISDICTION AND VENUE
1. Admitted for purposes of jurisdiction and venue only; otherwise, denied that the
WEATHERMASTER suffered damages or, if any, in the amount alleged.
2. Admitted for purposes of venue only; otherwise, denied that
WEATHERMASTER suffered damages or, if any, in the amount alleged.
3. Upon information and belief, admitted.
4. Without knowledge; therefore, denied.
5. Without knowledge; therefore, denied.
6. Without knowledge; therefore, denied.
7. Without knowledge; therefore, denied.
8. It is admitted that HOBBIT was a Florida Limited Liability Company previously
doing business in Osceola County, Florida; the remainder of this paragraph is denied as stated.
9. Without knowledge; therefore, denied.
10. Without knowledge; therefore, denied.
11. Without knowledge; therefore, denied.
GENERAL ALLEGATIONS
A. The Project.
12. Admitted for purposes of venue only; otherwise, denied that the
WEATHERMASTER suffered damages or, if any, in the amount alleged.
13. Upon knowledge and belief, admitted that Royal Oak Homes, LLC was the
general contractor/developer; otherwise, without knowledge.
14. Paragraph 14 refers to a written document, which document speaks for itself. To
the extent WEATHERMASTER’s allegations contradict the document, the allegations are
denied. To the extent Paragraph 14 or the referenced Exhibit “A” purport to impute fault to
HOBBIT, denied.
15. Paragraph 15 refers to a written document, which document speaks for itself. To
the extent WEATHERMASTER’s allegations contradict the document, the allegations are
denied. To the extent Paragraph 15 or the referenced Exhibit “B” purport to impute fault to
HOBBIT, denied.
B. WEATHERMASTER’s Sub-subcontractors.
16. Paragraph 16 refers to written documents, which documents speak for themselves.
To the extent that WEATHERMASTER’s allegations contradict the documents, the allegations
are denied. To the extent Paragraph 16 purports to impute fault to HOBBIT, denied. ??
17. Paragraph 17 refers to written documents, which documents speak for themselves.
To the extent that WEATHERMASTER’s allegations contradict the documents, the allegations
are denied. To the extent Paragraph 17 or the referenced Composite Exhibits “C” and “D”
purport to impute fault to HOBBIT, denied.
C. The Alleged Defects.
18. Paragraph 18 refers to a written pleading, which pleading speaks for itself. To the
extent that WEATHERMASTER’s allegations contradict the pleading, the allegations are
denied. To the extent Paragraph 18 or the Association’s Complaint purport to impute fault to
HOBBIT, denied.
19. Paragraph 19 refers to a written pleading, which pleading speaks for itself. To the
extent that WEATHERMASTER’s allegations contradict the pleading, the allegations are
denied. To the extent Paragraph 19 or Royal Oak’s Crossclaim purport to impute fault to
HOBBIT, denied.
20. Denied as to HOBBIT.
21. Denied as to HOBBIT.
22. Denied as to HOBBIT.
23. Denied.
COUNTS I THROUGH XVI
24. – 106. Counts I through XVI, including paragraphs 24 through 154 are not
directed to this Defendant and no response appears to be required. If and to the extent a response
is required, HOBBIT is without knowledge and therefore denies the allegations.
COUNT XVII – COMMON LAW INDEMNITY
(against HOBBIT)
107. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above
as if fully set forth herein.
108. Admitted for purposes of jurisdiction only; otherwise, denied that
WEATHERMASTER suffered damages or, if any, in the amount alleged.
109. Denied.
110. Denied.
111. Denied.
To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 111 of
the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that
WEATHERMASTER is entitled to any of the relief sought herein.
COUNT XVIII – BREACH OF CONTRACT
(against HOBBIT)
112. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above
as if fully set forth herein.
113. Admitted for purposes of jurisdiction only; otherwise, denied that
WEATHERMASTER suffered damages or, if any, in the amount alleged.
114. Paragraph 114 refers to a written document, which document speaks for itself.
To the extent that WEATHERMASTER’s allegations contradict the document, the allegations
are denied. To the extent Paragraph 114 or Composite Exhibit “C” purport to impute fault to
HOBBIT, denied.
115. Denied.
116. Without knowledge; therefore, denied.
To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 116 of
the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that
WEATHERMASTER is entitled to any of the relief sought herein.
COUNT XIX – BUILDING CODE VIOLATIONS
(against HOBBIT)
117. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above
as if fully set forth herein.
118. Admitted for purposes of jurisdiction only; otherwise, denied that
WEATHERMASTER suffered damages or, if any, in the amount alleged.
119. Denied as stated.
120. Denied.
121. Without knowledge; therefore denied.
To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 121 of
the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that
WEATHERMASTER is entitled to any of the relief sought herein.
COUNT XX – NEGLIGENCE
(against HOBBIT)
122. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above
as if fully set forth herein.
123. Admitted for purposes of jurisdiction only; otherwise, denied that
WEATHERMASTER suffered damages or, if any, in the amount alleged.
124. Denied as stated.
125. Denied.
126. Denied.
To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 126 of
the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that
WEATHERMASTER is entitled to any of the relief sought herein.
COUNTS XXI THROUGH XXXII
127. – 186. Counts XXI through XXXII, including paragraphs 127 through 186 are not
directed to this Defendant and no response appears to be required. If and to the extent a response
is required, HOBBIT is without knowledge and therefore denies the allegations.
AFFIRMATIVE DEFENSES TO WEATHERMASTERING
BUILDING PRODUCTS, INC.’S THIRD-PARTY COMPLAINT
1. Intervening causes, actions and omissions acted as a proximate and/or legal cause
of the WEATHERMASTER’s claimed damages, thereby barring the action against HOBBIT.
2. The liability of HOBBIT, if any, is limited pursuant to the terms and conditions of
any applicable subcontracts and warranty agreements with WEATHERMASTER.
3. WEATHERMASTER’s damages, if any, were caused or substantially contributed
to by or through its own negligence or otherwise such that its claims against HOBBIT should be
barred or reduced accordingly pursuant to Florida law.
4. WEATHERMASTER’s damages, if any, were cause by the acts or omissions of
third parties over whom HOBBIT exercises no control and for whom he cannot be held liable.
5. The WEATHERMASTER’s claims are barred by contractual language in the
various contracts and under which their claims must proceed in this action.
6. To the extent WEATHERMASTER has failed to mitigate its damages as required
under Florida law, its damages should be reduced accordingly.
7. To the extent WEATHERMASTER has received or will receive insurance
payments or contributions (collateral sources), any recovery by WEATHERMASTER in this
case is barred or must be reduced by the value of all benefits received by it from collateral
sources pursuant to the relevant contracts and Florida Statutes.
8. WEATHERMASTER has waived recovery under the contract or contracts, if any,
under which it claims by failing to provide timely notice to HOBBIT.
9. WEATHERMASTER has failed to meet conditions precedent to filing of this
action as set out in the contracts between the parties, namely timely notice, allowance for
remediation of any alleged defects, mediation, and arbitration.
10. To the extent the Court determines that any product or products are at issue in this
case, HOBBIT gave no warranties or disclaimed any and all warranties with respect to the
work.
11. All or some of the defects and deficiencies now alleged by WEATHERMASTER
were open and obvious to its representatives or agents, including but not limited to Villas at
Emerald Lake Homeowners Association, Inc., Royal Oak Homes, LLC, releasing HOBBIT
from any liability therefor.
12. To the extent the Statute of limitations and/or Statute of Repose pursuant to
Section 95.11(3)(c), Florida Statutes, has expired, any such claims are barred pursuant to the
Statute of Limitations or Statute of Repose. Furthermore, HOBBIT asserts
WEATHERMASTER’s claims are barred by the doctrine of waiver to the extent that the
WEATHERMASTER failed to give HOBBIT proper notice and opportunity to cure. Upon
information and belief, WEATHERMASTER failed to provide HOBBIT with the requisite 558
Notice or any other notice specifically detailing WEATHERMASTER’s allegations against
HOBBIT prior to this lawsuit.
13. Pursuant to Section 57.105, Florida Statutes, HOBBIT may be entitled to
reciprocal attorneys’ fees from WEATHERMASTER should HOBBIT prevail in this action as
detailed in Section 57.105.
14. WEATHERMASTER has failed to cite a statutory, contractual or other basis for
an award of attorney’s fees and costs against HOBBIT, and WEATHERMASTER’s claims for
attorney’s fees and costs against HOBBIT should be stricken.
15. To the extent that any claimed damages result in economic waste, the same are
prohibited pursuant to Florida law.
16. VILLAS AT EMERALD LAKE HOMEOWNERS’ ASSOCIATION, INC.,
ROYAL OAK HOMES, LLC AND WEATHERMASTER’s damages, if any, are restricted
pursuant to the requirements as set forth in the case of Grossman Holdings Ltd. v. Hourihan,
414 So.2d 1037 (Fla. 1982).
17. HOBBIT reserves the right to place a non-party on the verdict form at trial as a
tortfeasor and affirmatively alleges, pursuant to Fla. Stat. § 768.31(3), § 768.81(2), § 768.81(3),
Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993), and its progeny, that judgment should be entered
by this Court against such non-parties on the basis of each party’s percentage of fault and not on
the basis of joint and several liability for their negligence and/or breach of warranty in the
matters complained of in this litigation.
18. HOBBIT states that the alleged damages, if any, sustained by
WEATHERMASTER was proximately caused by the comparative fault of other persons or
entities, including but not limited to individual condominium owners of the condominiums at
issue in this lawsuit including former owners and tenants, ROYAL OAKS, various
subcontractors identified in this litigation, maintenance personnel for the individual
condominium owners, and other subcontractors or suppliers and manufacturers. Pursuant to
Section 768.81, Florida Statutes, and Fabre v. Marin, HOBBIT is not liable for the comparative
fault of these other persons or entities. Further any apportionment of damages is governed by
Section 768.81, Florida Statutes.
19. HOBBIT is entitled to a credit and/or set-off equal to any settlements, recoveries
or recoupments or setoffs as a result of any of some or all of the alleged construction defects.
20. HOBBIT incorporates by reference herein all of the available affirmative defenses
of any other parties named or to be named in this action.
21. To the extent any of the damages claimed are a result of any Act of God,
including, but not limited to, hurricanes, tornadoes, tropical storms, or any other weather-related
event, they are barred from recovery against HOBBIT.
22. Under §§ 768.31 and 768.81, Fla. Stat., and the doctrine established in Fabre v.
Martin, 623 So. 2d 1182 (Fla. 1993), judgment should be entered against each party or person
liable on the basis of such party’s or person’s percentage of fault and not on the basis of joint
and several liability, including the Plaintiff and all other Defendants.
23. All of WEATHERMASTER’s causes of action and claims are barred in whole or
in part by the doctrine of laches.
24. HOBBIT reserves the right to assert additional defenses as discovery progresses
in this case.
25. At the time and place set forth in the WEATHERMASTER’s Third-Party
Complaint, WEATHERMASTER and other entities were guilty of negligence, which
negligence was either the sole proximate cause of the allegations in the Complaint, or, in the
alternative, contributed thereto. As a result, WEATHERMASTER is therefore either barred
from recovery or, in the alternative, any damages awarded against HOBBIT should be reduced
pursuant to the Rule of Comparative Negligence.
26. Pursuant to Section 553.84, Florida Statutes, the required building permits, if any,
were obtained, any local governments or public agencies with authority to enforce the Florida
Building Code approved the plans, the construction Community passed all required inspections
under the code and there was no personal injury or damage to property other than the property
that is the subject of the permits, plans, and inspections and, further, HOBBIT neither knew,
nor should have known, that a violation existed and, therefore, this section of the Florida Statute
does not apply.
27. WEATHERMASTER’s claims are barred by the Slavin Rule as interpreted under
Florida law.
28. WEATHERMASTER is estopped from bringing claims against HOBBIT as all
work performed by HOBBIT was accepted by the Villas at Emerald Lake Homeowners
Association, Inc. and/or Royal Oak Homes, LLC for its purposes, either after actual inspection
or reasonable opportunity to inspect the work and materials, and therefore, any claim herein is
barred by the operational law including the defense of waiver, estoppel, and laches.
29. WEATHERMASTER’s claims are barred due to spoliation of evidence, to the
extent the property was repaired and/or remediated and crucial evidence destroyed, without
affording HOBBIT the opportunity to inspect.
30. HOBBIT’s liability, if any, must be limited solely to those defects for which the
Association is able to establish were caused directly by HOBBIT.
31. To the extent WEATHERMASTER lacks standing to bring any claims, claims
relating to HOBBIT are barred.
32. HOBBIT disclaims all consequential and incidental damages with respect to the
transactions, which are the subject matter of the lawsuit.
33. By filing its Answer, HOBBIT does not waive, and specially asserts, all of its
rights under the terms, conditions, and language in the various contracts, warranties, statutes,
and other documents under which WEATHERMASTER’s claims must proceed in this action,
including but not limited to HOBBIT’s right to have the WEATHERMASTER’s claims
addressed through arbitration, mediation, or other alternative dispute resolution.
34. WEATHERMASTER’s claims, in whole or in part, are barred by the doctrines of
acquiescence and/or waiver.
35. WEATHERMASTER’s claims, in whole or in part, are barred by the doctrine of
“accord and satisfaction.”
36. WEATHERMASTER’s claims, in whole or in part, are barred by the doctrines of
ratification.
37. HOBBIT asserts WEATHERMASTER has failed to join indispensable parties to
litigation.
38. WEATHERMASTER’s claims must be barred or limited to the extent that
WEATHERMASTER has spoliated material evidence.
39. WEATHERMASTER’s claims are barred by the economic loss rule.
40. All acts and conduct of the HOBBIT pertaining to events described in the Third-
Party Complaint conformed to and were pursuant to statutes, government regulations, and
industry standards and were based upon the state of knowledge existing at all material times
alleged in the Third-Party Complaint.
41. WEATHERMASTER’s claims are barred to the extent that the alleged damages
are too speculative to be recoverable at law.
42. HOBBIT is not liable for any special damages not specifically pled in the Third-
Party Complaint.
DEMAND FOR JURY TRIAL
HOBBIT WINDOWS, LLC requests trial by jury on all issues so triable.
Respectfully submitted,
s/ Alexis L. Mays
ALEXIS L. MAYS, FL Bar No. 112982
GALLOWAY, JOHNSON, TOMPKINS, BURR AND SMITH, PLC
118 E. Garden Street | Pensacola, FL 32502
Phone: 850-436-7000 | Fax: 850-436-7099
amays@gallowaylawfirm.com
ALMService@gallowaylawfirm.com
Counsel for Hobbit Windows, LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
the following by electronic transmission, this 17th day of February, 2022.
Lannie D. Hough Jr., Esq. Thamir A.R. Kaddouri, Jr., Esq.
Robin H. Leavengood, Esq. Penelope T. Rowlett, Esq.
James Michael Walls, Esq. Beth Ann Tobey, Esq.
Brian C. Porter, Esq. LAW OFFICE OF THAMIR A.R.
CARLTON FIELDS, P.A. KADDOURI, JR. P.A.
4221 W. Boy Scout Boulevard Tampa, FL 3220 West Cypress Street
33607-5780 Tampa, FL 33607
P. 813-223-7000 P. 813-879-5752
F. 813-229-4133 F. 813-879-5707
lhough@carltonfields.com Thamir.kaddouri@tampalaw.org
nbonilla@carltonfields.com service@tampalaw.org
vwilliams@carltonfields.com beth.tobey@tampalaw.org
rleavengood@carltonfields.com Counsel for Defendant, Imperial Building
brosa@carletonfields.com Corporation
bporter@carltonfields.com
jcostello@carltonfields.com
mwalls@carltonfields.com
Counsel for Defendant, Royal Oak Homes,
LLC
Phillip E. Joseph, Esq. Peter J. Kapsales, Esq.
Evan J. Small, Esq. Margaret M. Efta, Esq.
Jeffrey A. Widelitz, Esq. MILNE LAW GROUP, P.A.
Nicholas B. Vargo, Esq. 301 E. Pine Street, Suite 525
BALL JANIL LLP Orlando, FL 32801
201 East Pine Street, Suite 600 P. 321-558-7700
Orlando, Florida 32801 pkapsales@milnelawgroup.com
P. (407) 455-5664 mefta@milnelawgroup.com
F. (407) 902-2105 eservice@milnelawgroup.com
pjoseph@balljanik.com Counsel for Defendants, Weathermaster
esmall@balljanik.com Building Products, Inc., The Dimillo Group,
jwidelitz@balljanik.com LLC, and Summerpark Homes, Inc.
nvargo@balljanik.com
ypalmer@balljanik.com
mwise@balljanik.com
orlandodocket@balljanik.com
Counsel for Plaintiffs
PAUL SIDNEY ELLIOTT S. Scott Ross, Esq.
P.O. Box 274204 GROELLE & SALMON, P.A.
Tampa, FL 33688-4204 1715 N. Westshore Blvd., Suite 320
P. 813-265-1314 Tampa, FL 33607
F. 813-961-1103 P. (813) 849-7200
pse@psejd.com gstcourtdocs@gspalaw.com
Counsel for Defendant, Hugh MacDonald sross@gspalaw.com
Construction, Inc. (HMC) cebanks@gspalaw.com
mcoleman@gspalaw.com
Counsel for Third-Party Defendant, Helberg
Enterprises, LLC
Denise M. Anderson, Esq. Denise M. Anderson, Esq.
Ashley M. Mattingly, Esq. Kate F. Gaset, Esq.
BUTLER WEIHMULLER KATZ CRAIG BUTLER WEIHMULLER KATZ CRAIG,
LLP LLP
400 N. Ashley Drive, Suite 2300 400 N. Ashley Drive, Suite 2300
Tampa, FL 33602 Tampa, FL 33602
P. 813-281-1900 danderson@butler.legal
danderson@butler.legal kgaset@butler.legal
amattingly@butler.legal dwhite@butler.legal
jjacobs@butler.legal krieck@butler.legal
rjorge@butler.legal rjorge@butler.legal
Co-Counsel for Defendant, Hugh MacDonald Counsel for Defendant, Don King’s Concrete,
Construction, Inc. Inc.
Timothy C. Ford, Esq. Jayne Ann Pittman, Esq.
Andrew E. Holway, Esq. Natalie C. Fischer, Esq.
HILL WARD HENDERSON CONROY SIMBERG
101 E. Kennedy Blvd., Suite 3700 Two South Orange Avenue, Suite 300
Tampa, FL 33602 Orlando, FL 32801
P. 813-221-3900 P. (407) 649-9797
F. 813-221-2900 F. (407) 649-1968
Tim.ford@hwhlaw.com eserviceorl@conroysimberg.com
Andrew.holway@hwhlaw.com jpittman@conroysimberg.com
Tracy.coale@hwhlaw.com mmaitland@conroysimberg.com
Kathy.wernsing@hwhlaw.com nfischer@conroysimberg.com
Derrick.calandra@hwhlaw.com Counsel for Defendant, Advanced Wrapping
Counsel for Defendant, Weintraub Inspections and Concrete Solutions of Central Florida,
& Forensics, Inc. n/k/a Weintraub Inc.
Engineering and Inspections, Inc.
Bruce R. Calderon, Esq. Andrew T. Marshall, Esq.
D. Bryan Hill, Esq. HAMILTON, PRICE & MARSHALL, P.A.
Audra R. Creech, Esq. 2400 Manatee Ave. W.
MILBER MAKRIS PLOUSADIS & Bradenton, FL 34205
SEIDEN, LLP P. 941-748-0550
1900 NW Corporate Blvd. F. 941-745-2079
East Tower, Suite 440 andrew@hamiltonpricelaw.com
Boca Raton, FL 33431 nancy@hamiltonpricelaw.com
P. (561) 994-7310 kelsey@hamiltonpricelaw.com
F. (561) 994-7313 Counsel for T&M Construction of Sanford,
bcalderon@milbermakris.com Inc
dhill@milbermakris.com
acreech@milbermakris.com
kmcdowell@milbermakris.com
Counsel for Defendant, Brown + Company
Architecture, Inc.
William M. Woods, Esq. Chelsey G. Moody, Jr., Esq.
LAW OFFICE OF WILLIAMS WOODS MOODY & GRAF, P.A.
100 S. Missouri Avenue, Suite 201 1101 N. Lake Destiny Road, Suite 200
Clearwater, FL 33756 Maitland, FL 32751
P. 727-799-1229 ext. 4063 P. 407-755-6900
Wwoods@willwoodslaw.com F. 407-755-6913
AnneLM@willwoodslaw.com cmoody@moodygraf.com
Pleadings@willwoodslaw.com kpollak@moodygraf.com
Counsel for Third-Party Defendant, All Glass mle@moodygraf.com
Installation Corp. tdixon@moodygraf.com
Counsel for Defendant, Wolf’s Irrigation &
Landscaping, Inc. & Counsel for Premier
Plastering of Central Florida, Inc.
Jennifer L. Shippole, Esq. Cole J. Copertino, Esq.
LAW OFFICE OF JENNIFER L. SHIPPOLE WRIGHT, FULFORD, MOORHEAD &
14050 NW 14th Street, Suite 180 BROWN, P.A.
Sunrise, FL 33323 505 Maitland Avenue, Suite 1000
P. 954-417-3066 ext. 4645 Altamonte Springs, Florida 32701
Jlspleadings@fednat.com P. (407) 425-0234
nseropian@fednat.com F. (407) 425-0260
jshioppole@fednat.com ccopertino@wfmblaw.com
Counsel for Defendant, Atlantic Concrete cbraungart@wfmblaw.com
Systems, Inc. lwilliams@wfmblaw.com
Counsel for Well Hung Windows & Doors
Joseph L. Zollner, Esq. Wayne M. Alder, Esq.
LAW OFFICE OF AMY L. WARPINSKI FISHER BROYLES, LLP
PO Box 7217 7668 NW 125th Way
London, KY 40742 Pompano Beach, FL 33076
P. 904-346-5422 P. 954-603-6174
FloridaCDLegalMail@LibertyMutual.com Wayne.alder@fisherbroyles.com
joseph.zollner@libertymutual.com Counsel for E.R.O. Construction Inc.
Brittany.Oswald@libertymutual.com
Counsel for Lios Concrete Corp
Vicki Lambert, Esq. Phillip S. Howell, Esq.
Alec Masson, Esq. Kyle McNeal, Esq.
LUKS, SANTANIELLO, PETRILLO & GALLOWAY, JOHNSON, TOMPKINS,
COHEN BURR & SMITH, P.L.C.
201 S. Orange Avenue, Suite 400 400 N. Ashley Dr., Suite 1000
Orlando, FL 32801 Tampa, FL 33602
P. 407-540-9170 P. 813-977-1200
F. 407-540-9171 F. 813-977-1288
Luksorl-pleadings@ls-law.com tampaservice@gallowaylawfirm.com
amason@insurancedefense.net phowell@gallowaylawfirm.com
jpestonit@insurancedefense.net kmcneal@gallowaylawfirm.com
Counsel for Third-Party Defendant Casey Co-Counsel for Third-Party Defendant Casey
Hawkins Glass, Inc. Hawkins Glass, Inc.
s/ Alexis L. Mays
ALEXIS L. MAYS
Preview
Filing # 144111222 E-Filed 02/17/2022 11:41:44 AM 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 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 liability company; WOLF'S IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN+COMPANY ARCHITECTURE, INC., a Florida corporation; Defendants. ______________________________/ ANSWER AND AFFIRMATIVE DEFENSES TO WEATHERMASTER BUILDING PRODUCTS, INC.’S THIRD-PARTY COMPLAINT Third-Party Defendant Hobbit Windows, LLC (“HOBBIT”), by and through the undersigned counsel, responds to Third-Party Plaintiff Weathermaster Building Products, Inc.’s (“WEATHERMASTER”) Third-Party Complaint as follows: PARTIES, JURISDICTION AND VENUE 1. Admitted for purposes of jurisdiction and venue only; otherwise, denied that the WEATHERMASTER suffered damages or, if any, in the amount alleged. 2. Admitted for purposes of venue only; otherwise, denied that WEATHERMASTER suffered damages or, if any, in the amount alleged. 3. Upon information and belief, admitted. 4. Without knowledge; therefore, denied. 5. Without knowledge; therefore, denied. 6. Without knowledge; therefore, denied. 7. Without knowledge; therefore, denied. 8. It is admitted that HOBBIT was a Florida Limited Liability Company previously doing business in Osceola County, Florida; the remainder of this paragraph is denied as stated. 9. Without knowledge; therefore, denied. 10. Without knowledge; therefore, denied. 11. Without knowledge; therefore, denied. GENERAL ALLEGATIONS A. The Project. 12. Admitted for purposes of venue only; otherwise, denied that the WEATHERMASTER suffered damages or, if any, in the amount alleged. 13. Upon knowledge and belief, admitted that Royal Oak Homes, LLC was the general contractor/developer; otherwise, without knowledge. 14. Paragraph 14 refers to a written document, which document speaks for itself. To the extent WEATHERMASTER’s allegations contradict the document, the allegations are denied. To the extent Paragraph 14 or the referenced Exhibit “A” purport to impute fault to HOBBIT, denied. 15. Paragraph 15 refers to a written document, which document speaks for itself. To the extent WEATHERMASTER’s allegations contradict the document, the allegations are denied. To the extent Paragraph 15 or the referenced Exhibit “B” purport to impute fault to HOBBIT, denied. B. WEATHERMASTER’s Sub-subcontractors. 16. Paragraph 16 refers to written documents, which documents speak for themselves. To the extent that WEATHERMASTER’s allegations contradict the documents, the allegations are denied. To the extent Paragraph 16 purports to impute fault to HOBBIT, denied. ?? 17. Paragraph 17 refers to written documents, which documents speak for themselves. To the extent that WEATHERMASTER’s allegations contradict the documents, the allegations are denied. To the extent Paragraph 17 or the referenced Composite Exhibits “C” and “D” purport to impute fault to HOBBIT, denied. C. The Alleged Defects. 18. Paragraph 18 refers to a written pleading, which pleading speaks for itself. To the extent that WEATHERMASTER’s allegations contradict the pleading, the allegations are denied. To the extent Paragraph 18 or the Association’s Complaint purport to impute fault to HOBBIT, denied. 19. Paragraph 19 refers to a written pleading, which pleading speaks for itself. To the extent that WEATHERMASTER’s allegations contradict the pleading, the allegations are denied. To the extent Paragraph 19 or Royal Oak’s Crossclaim purport to impute fault to HOBBIT, denied. 20. Denied as to HOBBIT. 21. Denied as to HOBBIT. 22. Denied as to HOBBIT. 23. Denied. COUNTS I THROUGH XVI 24. – 106. Counts I through XVI, including paragraphs 24 through 154 are not directed to this Defendant and no response appears to be required. If and to the extent a response is required, HOBBIT is without knowledge and therefore denies the allegations. COUNT XVII – COMMON LAW INDEMNITY (against HOBBIT) 107. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above as if fully set forth herein. 108. Admitted for purposes of jurisdiction only; otherwise, denied that WEATHERMASTER suffered damages or, if any, in the amount alleged. 109. Denied. 110. Denied. 111. Denied. To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 111 of the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that WEATHERMASTER is entitled to any of the relief sought herein. COUNT XVIII – BREACH OF CONTRACT (against HOBBIT) 112. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above as if fully set forth herein. 113. Admitted for purposes of jurisdiction only; otherwise, denied that WEATHERMASTER suffered damages or, if any, in the amount alleged. 114. Paragraph 114 refers to a written document, which document speaks for itself. To the extent that WEATHERMASTER’s allegations contradict the document, the allegations are denied. To the extent Paragraph 114 or Composite Exhibit “C” purport to impute fault to HOBBIT, denied. 115. Denied. 116. Without knowledge; therefore, denied. To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 116 of the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that WEATHERMASTER is entitled to any of the relief sought herein. COUNT XIX – BUILDING CODE VIOLATIONS (against HOBBIT) 117. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above as if fully set forth herein. 118. Admitted for purposes of jurisdiction only; otherwise, denied that WEATHERMASTER suffered damages or, if any, in the amount alleged. 119. Denied as stated. 120. Denied. 121. Without knowledge; therefore denied. To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 121 of the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that WEATHERMASTER is entitled to any of the relief sought herein. COUNT XX – NEGLIGENCE (against HOBBIT) 122. HOBBIT adopts and incorporates its responses to Paragraphs 1 through 23 above as if fully set forth herein. 123. Admitted for purposes of jurisdiction only; otherwise, denied that WEATHERMASTER suffered damages or, if any, in the amount alleged. 124. Denied as stated. 125. Denied. 126. Denied. To the extent the unnumbered “WHEREFORE” paragraph following Paragraph 126 of the Third-Party Complaint contains allegations requiring a response, HOBBIT denies that WEATHERMASTER is entitled to any of the relief sought herein. COUNTS XXI THROUGH XXXII 127. – 186. Counts XXI through XXXII, including paragraphs 127 through 186 are not directed to this Defendant and no response appears to be required. If and to the extent a response is required, HOBBIT is without knowledge and therefore denies the allegations. AFFIRMATIVE DEFENSES TO WEATHERMASTERING BUILDING PRODUCTS, INC.’S THIRD-PARTY COMPLAINT 1. Intervening causes, actions and omissions acted as a proximate and/or legal cause of the WEATHERMASTER’s claimed damages, thereby barring the action against HOBBIT. 2. The liability of HOBBIT, if any, is limited pursuant to the terms and conditions of any applicable subcontracts and warranty agreements with WEATHERMASTER. 3. WEATHERMASTER’s damages, if any, were caused or substantially contributed to by or through its own negligence or otherwise such that its claims against HOBBIT should be barred or reduced accordingly pursuant to Florida law. 4. WEATHERMASTER’s damages, if any, were cause by the acts or omissions of third parties over whom HOBBIT exercises no control and for whom he cannot be held liable. 5. The WEATHERMASTER’s claims are barred by contractual language in the various contracts and under which their claims must proceed in this action. 6. To the extent WEATHERMASTER has failed to mitigate its damages as required under Florida law, its damages should be reduced accordingly. 7. To the extent WEATHERMASTER has received or will receive insurance payments or contributions (collateral sources), any recovery by WEATHERMASTER in this case is barred or must be reduced by the value of all benefits received by it from collateral sources pursuant to the relevant contracts and Florida Statutes. 8. WEATHERMASTER has waived recovery under the contract or contracts, if any, under which it claims by failing to provide timely notice to HOBBIT. 9. WEATHERMASTER has failed to meet conditions precedent to filing of this action as set out in the contracts between the parties, namely timely notice, allowance for remediation of any alleged defects, mediation, and arbitration. 10. To the extent the Court determines that any product or products are at issue in this case, HOBBIT gave no warranties or disclaimed any and all warranties with respect to the work. 11. All or some of the defects and deficiencies now alleged by WEATHERMASTER were open and obvious to its representatives or agents, including but not limited to Villas at Emerald Lake Homeowners Association, Inc., Royal Oak Homes, LLC, releasing HOBBIT from any liability therefor. 12. To the extent the Statute of limitations and/or Statute of Repose pursuant to Section 95.11(3)(c), Florida Statutes, has expired, any such claims are barred pursuant to the Statute of Limitations or Statute of Repose. Furthermore, HOBBIT asserts WEATHERMASTER’s claims are barred by the doctrine of waiver to the extent that the WEATHERMASTER failed to give HOBBIT proper notice and opportunity to cure. Upon information and belief, WEATHERMASTER failed to provide HOBBIT with the requisite 558 Notice or any other notice specifically detailing WEATHERMASTER’s allegations against HOBBIT prior to this lawsuit. 13. Pursuant to Section 57.105, Florida Statutes, HOBBIT may be entitled to reciprocal attorneys’ fees from WEATHERMASTER should HOBBIT prevail in this action as detailed in Section 57.105. 14. WEATHERMASTER has failed to cite a statutory, contractual or other basis for an award of attorney’s fees and costs against HOBBIT, and WEATHERMASTER’s claims for attorney’s fees and costs against HOBBIT should be stricken. 15. To the extent that any claimed damages result in economic waste, the same are prohibited pursuant to Florida law. 16. VILLAS AT EMERALD LAKE HOMEOWNERS’ ASSOCIATION, INC., ROYAL OAK HOMES, LLC AND WEATHERMASTER’s damages, if any, are restricted pursuant to the requirements as set forth in the case of Grossman Holdings Ltd. v. Hourihan, 414 So.2d 1037 (Fla. 1982). 17. HOBBIT reserves the right to place a non-party on the verdict form at trial as a tortfeasor and affirmatively alleges, pursuant to Fla. Stat. § 768.31(3), § 768.81(2), § 768.81(3), Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993), and its progeny, that judgment should be entered by this Court against such non-parties on the basis of each party’s percentage of fault and not on the basis of joint and several liability for their negligence and/or breach of warranty in the matters complained of in this litigation. 18. HOBBIT states that the alleged damages, if any, sustained by WEATHERMASTER was proximately caused by the comparative fault of other persons or entities, including but not limited to individual condominium owners of the condominiums at issue in this lawsuit including former owners and tenants, ROYAL OAKS, various subcontractors identified in this litigation, maintenance personnel for the individual condominium owners, and other subcontractors or suppliers and manufacturers. Pursuant to Section 768.81, Florida Statutes, and Fabre v. Marin, HOBBIT is not liable for the comparative fault of these other persons or entities. Further any apportionment of damages is governed by Section 768.81, Florida Statutes. 19. HOBBIT is entitled to a credit and/or set-off equal to any settlements, recoveries or recoupments or setoffs as a result of any of some or all of the alleged construction defects. 20. HOBBIT incorporates by reference herein all of the available affirmative defenses of any other parties named or to be named in this action. 21. To the extent any of the damages claimed are a result of any Act of God, including, but not limited to, hurricanes, tornadoes, tropical storms, or any other weather-related event, they are barred from recovery against HOBBIT. 22. Under §§ 768.31 and 768.81, Fla. Stat., and the doctrine established in Fabre v. Martin, 623 So. 2d 1182 (Fla. 1993), judgment should be entered against each party or person liable on the basis of such party’s or person’s percentage of fault and not on the basis of joint and several liability, including the Plaintiff and all other Defendants. 23. All of WEATHERMASTER’s causes of action and claims are barred in whole or in part by the doctrine of laches. 24. HOBBIT reserves the right to assert additional defenses as discovery progresses in this case. 25. At the time and place set forth in the WEATHERMASTER’s Third-Party Complaint, WEATHERMASTER and other entities were guilty of negligence, which negligence was either the sole proximate cause of the allegations in the Complaint, or, in the alternative, contributed thereto. As a result, WEATHERMASTER is therefore either barred from recovery or, in the alternative, any damages awarded against HOBBIT should be reduced pursuant to the Rule of Comparative Negligence. 26. Pursuant to Section 553.84, Florida Statutes, the required building permits, if any, were obtained, any local governments or public agencies with authority to enforce the Florida Building Code approved the plans, the construction Community passed all required inspections under the code and there was no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections and, further, HOBBIT neither knew, nor should have known, that a violation existed and, therefore, this section of the Florida Statute does not apply. 27. WEATHERMASTER’s claims are barred by the Slavin Rule as interpreted under Florida law. 28. WEATHERMASTER is estopped from bringing claims against HOBBIT as all work performed by HOBBIT was accepted by the Villas at Emerald Lake Homeowners Association, Inc. and/or Royal Oak Homes, LLC for its purposes, either after actual inspection or reasonable opportunity to inspect the work and materials, and therefore, any claim herein is barred by the operational law including the defense of waiver, estoppel, and laches. 29. WEATHERMASTER’s claims are barred due to spoliation of evidence, to the extent the property was repaired and/or remediated and crucial evidence destroyed, without affording HOBBIT the opportunity to inspect. 30. HOBBIT’s liability, if any, must be limited solely to those defects for which the Association is able to establish were caused directly by HOBBIT. 31. To the extent WEATHERMASTER lacks standing to bring any claims, claims relating to HOBBIT are barred. 32. HOBBIT disclaims all consequential and incidental damages with respect to the transactions, which are the subject matter of the lawsuit. 33. By filing its Answer, HOBBIT does not waive, and specially asserts, all of its rights under the terms, conditions, and language in the various contracts, warranties, statutes, and other documents under which WEATHERMASTER’s claims must proceed in this action, including but not limited to HOBBIT’s right to have the WEATHERMASTER’s claims addressed through arbitration, mediation, or other alternative dispute resolution. 34. WEATHERMASTER’s claims, in whole or in part, are barred by the doctrines of acquiescence and/or waiver. 35. WEATHERMASTER’s claims, in whole or in part, are barred by the doctrine of “accord and satisfaction.” 36. WEATHERMASTER’s claims, in whole or in part, are barred by the doctrines of ratification. 37. HOBBIT asserts WEATHERMASTER has failed to join indispensable parties to litigation. 38. WEATHERMASTER’s claims must be barred or limited to the extent that WEATHERMASTER has spoliated material evidence. 39. WEATHERMASTER’s claims are barred by the economic loss rule. 40. All acts and conduct of the HOBBIT pertaining to events described in the Third- Party Complaint conformed to and were pursuant to statutes, government regulations, and industry standards and were based upon the state of knowledge existing at all material times alleged in the Third-Party Complaint. 41. WEATHERMASTER’s claims are barred to the extent that the alleged damages are too speculative to be recoverable at law. 42. HOBBIT is not liable for any special damages not specifically pled in the Third- Party Complaint. DEMAND FOR JURY TRIAL HOBBIT WINDOWS, LLC requests trial by jury on all issues so triable. Respectfully submitted, s/ Alexis L. Mays ALEXIS L. MAYS, FL Bar No. 112982 GALLOWAY, JOHNSON, TOMPKINS, BURR AND SMITH, PLC 118 E. Garden Street | Pensacola, FL 32502 Phone: 850-436-7000 | Fax: 850-436-7099 amays@gallowaylawfirm.com ALMService@gallowaylawfirm.com Counsel for Hobbit Windows, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the following by electronic transmission, this 17th day of February, 2022. Lannie D. Hough Jr., Esq. Thamir A.R. Kaddouri, Jr., Esq. Robin H. Leavengood, Esq. Penelope T. Rowlett, Esq. James Michael Walls, Esq. Beth Ann Tobey, Esq. Brian C. Porter, Esq. LAW OFFICE OF THAMIR A.R. CARLTON FIELDS, P.A. KADDOURI, JR. P.A. 4221 W. Boy Scout Boulevard Tampa, FL 3220 West Cypress Street 33607-5780 Tampa, FL 33607 P. 813-223-7000 P. 813-879-5752 F. 813-229-4133 F. 813-879-5707 lhough@carltonfields.com Thamir.kaddouri@tampalaw.org nbonilla@carltonfields.com service@tampalaw.org vwilliams@carltonfields.com beth.tobey@tampalaw.org rleavengood@carltonfields.com Counsel for Defendant, Imperial Building brosa@carletonfields.com Corporation bporter@carltonfields.com jcostello@carltonfields.com mwalls@carltonfields.com Counsel for Defendant, Royal Oak Homes, LLC Phillip E. Joseph, Esq. Peter J. Kapsales, Esq. Evan J. Small, Esq. Margaret M. Efta, Esq. Jeffrey A. Widelitz, Esq. MILNE LAW GROUP, P.A. Nicholas B. Vargo, Esq. 301 E. Pine Street, Suite 525 BALL JANIL LLP Orlando, FL 32801 201 East Pine Street, Suite 600 P. 321-558-7700 Orlando, Florida 32801 pkapsales@milnelawgroup.com P. (407) 455-5664 mefta@milnelawgroup.com F. (407) 902-2105 eservice@milnelawgroup.com pjoseph@balljanik.com Counsel for Defendants, Weathermaster esmall@balljanik.com Building Products, Inc., The Dimillo Group, jwidelitz@balljanik.com LLC, and Summerpark Homes, Inc. nvargo@balljanik.com ypalmer@balljanik.com mwise@balljanik.com orlandodocket@balljanik.com Counsel for Plaintiffs PAUL SIDNEY ELLIOTT S. Scott Ross, Esq. P.O. Box 274204 GROELLE & SALMON, P.A. Tampa, FL 33688-4204 1715 N. Westshore Blvd., Suite 320 P. 813-265-1314 Tampa, FL 33607 F. 813-961-1103 P. (813) 849-7200 pse@psejd.com gstcourtdocs@gspalaw.com Counsel for Defendant, Hugh MacDonald sross@gspalaw.com Construction, Inc. (HMC) cebanks@gspalaw.com mcoleman@gspalaw.com Counsel for Third-Party Defendant, Helberg Enterprises, LLC Denise M. Anderson, Esq. Denise M. Anderson, Esq. Ashley M. Mattingly, Esq. Kate F. Gaset, Esq. BUTLER WEIHMULLER KATZ CRAIG BUTLER WEIHMULLER KATZ CRAIG, LLP LLP 400 N. Ashley Drive, Suite 2300 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 Tampa, FL 33602 P. 813-281-1900 danderson@butler.legal danderson@butler.legal kgaset@butler.legal amattingly@butler.legal dwhite@butler.legal jjacobs@butler.legal krieck@butler.legal rjorge@butler.legal rjorge@butler.legal Co-Counsel for Defendant, Hugh MacDonald Counsel for Defendant, Don King’s Concrete, Construction, Inc. Inc. Timothy C. Ford, Esq. Jayne Ann Pittman, Esq. Andrew E. Holway, Esq. Natalie C. Fischer, Esq. HILL WARD HENDERSON CONROY SIMBERG 101 E. Kennedy Blvd., Suite 3700 Two South Orange Avenue, Suite 300 Tampa, FL 33602 Orlando, FL 32801 P. 813-221-3900 P. (407) 649-9797 F. 813-221-2900 F. (407) 649-1968 Tim.ford@hwhlaw.com eserviceorl@conroysimberg.com Andrew.holway@hwhlaw.com jpittman@conroysimberg.com Tracy.coale@hwhlaw.com mmaitland@conroysimberg.com Kathy.wernsing@hwhlaw.com nfischer@conroysimberg.com Derrick.calandra@hwhlaw.com Counsel for Defendant, Advanced Wrapping Counsel for Defendant, Weintraub Inspections and Concrete Solutions of Central Florida, & Forensics, Inc. n/k/a Weintraub Inc. Engineering and Inspections, Inc. Bruce R. Calderon, Esq. Andrew T. Marshall, Esq. D. Bryan Hill, Esq. HAMILTON, PRICE & MARSHALL, P.A. Audra R. Creech, Esq. 2400 Manatee Ave. W. MILBER MAKRIS PLOUSADIS & Bradenton, FL 34205 SEIDEN, LLP P. 941-748-0550 1900 NW Corporate Blvd. F. 941-745-2079 East Tower, Suite 440 andrew@hamiltonpricelaw.com Boca Raton, FL 33431 nancy@hamiltonpricelaw.com P. (561) 994-7310 kelsey@hamiltonpricelaw.com F. (561) 994-7313 Counsel for T&M Construction of Sanford, bcalderon@milbermakris.com Inc dhill@milbermakris.com acreech@milbermakris.com kmcdowell@milbermakris.com Counsel for Defendant, Brown + Company Architecture, Inc. William M. Woods, Esq. Chelsey G. Moody, Jr., Esq. LAW OFFICE OF WILLIAMS WOODS MOODY & GRAF, P.A. 100 S. Missouri Avenue, Suite 201 1101 N. Lake Destiny Road, Suite 200 Clearwater, FL 33756 Maitland, FL 32751 P. 727-799-1229 ext. 4063 P. 407-755-6900 Wwoods@willwoodslaw.com F. 407-755-6913 AnneLM@willwoodslaw.com cmoody@moodygraf.com Pleadings@willwoodslaw.com kpollak@moodygraf.com Counsel for Third-Party Defendant, All Glass mle@moodygraf.com Installation Corp. tdixon@moodygraf.com Counsel for Defendant, Wolf’s Irrigation & Landscaping, Inc. & Counsel for Premier Plastering of Central Florida, Inc. Jennifer L. Shippole, Esq. Cole J. Copertino, Esq. LAW OFFICE OF JENNIFER L. SHIPPOLE WRIGHT, FULFORD, MOORHEAD & 14050 NW 14th Street, Suite 180 BROWN, P.A. Sunrise, FL 33323 505 Maitland Avenue, Suite 1000 P. 954-417-3066 ext. 4645 Altamonte Springs, Florida 32701 Jlspleadings@fednat.com P. (407) 425-0234 nseropian@fednat.com F. (407) 425-0260 jshioppole@fednat.com ccopertino@wfmblaw.com Counsel for Defendant, Atlantic Concrete cbraungart@wfmblaw.com Systems, Inc. lwilliams@wfmblaw.com Counsel for Well Hung Windows & Doors Joseph L. Zollner, Esq. Wayne M. Alder, Esq. LAW OFFICE OF AMY L. WARPINSKI FISHER BROYLES, LLP PO Box 7217 7668 NW 125th Way London, KY 40742 Pompano Beach, FL 33076 P. 904-346-5422 P. 954-603-6174 FloridaCDLegalMail@LibertyMutual.com Wayne.alder@fisherbroyles.com joseph.zollner@libertymutual.com Counsel for E.R.O. Construction Inc. Brittany.Oswald@libertymutual.com Counsel for Lios Concrete Corp Vicki Lambert, Esq. Phillip S. Howell, Esq. Alec Masson, Esq. Kyle McNeal, Esq. LUKS, SANTANIELLO, PETRILLO & GALLOWAY, JOHNSON, TOMPKINS, COHEN BURR & SMITH, P.L.C. 201 S. Orange Avenue, Suite 400 400 N. Ashley Dr., Suite 1000 Orlando, FL 32801 Tampa, FL 33602 P. 407-540-9170 P. 813-977-1200 F. 407-540-9171 F. 813-977-1288 Luksorl-pleadings@ls-law.com tampaservice@gallowaylawfirm.com amason@insurancedefense.net phowell@gallowaylawfirm.com jpestonit@insurancedefense.net kmcneal@gallowaylawfirm.com Counsel for Third-Party Defendant Casey Co-Counsel for Third-Party Defendant Casey Hawkins Glass, Inc. Hawkins Glass, Inc. s/ Alexis L. Mays ALEXIS L. MAYS