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Filing # 170577248 E-Filed 04/07/2023 03:08:42 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
Case No.: 2020-CA-002942
BUSINESS COURT
VILLAS AT EMERALD LAKE
HOMEOWNERS ASSOCIATION, INC., a
Florida not for profit corporation,
Plaintiff, Case No.: 2020-CA-002942
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 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
Profit Corporation,
Defendants.
___________________________________/
ROYAL OAKS HOME, LLC.,
Cross-Claimant,
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,
Cross-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.
___________________________________/
DON KING’S CONCRETE, INC., a Florida
corporation,
Third-Party Plaintiff,
v.
E.R.O. CONSTRUCTION, INC., a Florida
corporation; LIOS CONCRETE CORP., a
Florida corporation; and ATLANTIC
CONCRETE SYSTEMS, INC., a Florida
corporation,
Third-Party Defendants.
___________________________________/
JOINT CASE MANAGEMENT REPORT
Plaintiff, Villas at Emerald Lake Homeowners Association, Inc.
(“Association”), and all defendants (including third/fourth party defendants), Royal
Oak Homes, LLC; Advanced Wrapping and Concrete Solutions of Central Florida,
Inc.; Don King’s Concrete, Inc.; Hugh MacDonald Construction, Inc.; Imperial
Building Corporation; TGK Stucco, Inc.; Weathermaster Building Products, Inc.;
Weintraub Inspections & Forensic, Inc. n/k/a Weintraub Engineering and
Inspections, Inc.; The Dimillo Group, LLC; Wolf’s Irrigation & Landscaping, Inc.;
Summerpark Homes, Inc.; Brown + Company Architecture, Inc.; Expert Painting &
Pressure Washing, Inc.; All Glass Installation Corp.; Casey Hawkins Glass, Inc.;
Dean Nesbit, LLC; Helberg Enterprises, LLC; Hobbit Windows, LLC; T&M
Construction of Sanford, Inc.; Well Done Windows, Inc.; Well Hung Windows &
Doors, LLC; E.R.O. Construction, Inc.; Lios Concrete Corp.; and Atlantic Concrete
Systems, Inc. (collectively, the “Defendants”), submit the following Joint Case
Management Report pursuant to the Order Setting Case Management Conference
entered on January 3, 2023 (“Order”) and the Business Court Procedures as follows:
1. A brief factual statement of the case:
This is a construction defect action in which the Association asserts it has
sustained (and continues to sustain) substantial damages arising from the negligent
planning, design, and construction of the Villas at Emerald Lake townhome
community, located in Osceola County, Florida (the “Community”). The Defendants
are purportedly responsible for the development, design, and construction of the
Community and deny that the alleged defects exist and, if any defects are found to
exist, deny liability for the defects and the damages claimed by the Association.
2. Pleading Issues/Procedural Posture:
a. Pleadings: The current operative pleadings are the Association’s
Second Amended Complaint and responses thereto. In addition, Royal
Oak Homes, LLC’s Second Amended Crossclaim, and the
Third/Fourth-Party Complaints of Weathermaster Building Products,
Inc., and Don King’s Concrete, Inc., and the responses thereto.
i. Status of Association’s Second Amended Complaint: The
Association’s Second Amended Complaint asserts claims against
thirteen of the Defendants. Specifically, the Second Amended
Complaint asserts claims against: (1) Royal Oak Homes, LLC; (2)
Advanced Wrapping and Concrete Solutions of Central Florida,
Inc.; (3) Don King’s Concrete, Inc.; (4) Hugh MacDonald
Construction, Inc.; (5) Imperial Building Corporation; (6) TGK
Stucco, Inc.; (7) Weathermaster Building Products, Inc.; (8)
Weintraub Inspections & Forensic, Inc. n/k/a Weintraub
Engineering and Inspections, Inc.; (9) The Dimillo Group, LLC;
(10) Wolf’s Irrigation & Landscaping, Inc.; (11) Summerpark
Homes, Inc.; (12) Brown + Company Architecture, Inc.; and (13)
Expert Painting & Pressure Washing, Inc.
i. Pending Motions for Default: The Dimillo Group, LLC;
Summerpark Homes, Inc.; and Expert Painting & Pressure
Washing, Inc. have not responded to the Second Amended
Complaint, filed anything in the pending litigation, or
obtained counsel. Plaintiff will be moving to default these
parties.
ii. Defaults Entered: None.
iii. Answers: All other Defendants named in the Second
Amended Complaint have either filed an Answer to the
Second Amended Complaint, alongside defenses deemed
applicable by the Defendants or previously filed a Motion to
Dismiss the Second Amended Complaint.
i. Status of Crossclaims of Royal Oak Homes, LLC: In response to
the Association’s Complaint, Royal Oak Homes, LLC filed a
Second Amended Crossclaim against ten (10) trade partners. The
Crossclaim includes causes of action for breach of contract;
negligence; and building code violations against the ten (10) trade
partners. The ten (10) trade partners include: (1) Advanced
Wrapping and Concrete Solutions of Central Florida, Inc.; (2) Don
King’s Concrete, Inc.; (3) Hugh MacDonald Construction, Inc.; (4)
Imperial Building Corporation; (5) TGK Stucco, Inc.; (6)
Weathermaster Building Products, Inc.; (7) Weintraub Inspections
& Forensic, Inc. n/k/a Weintraub Engineering and Inspections, Inc.;
(8) Wolf’s Irrigation & Landscaping, Inc.; (9) Brown + Company
Architecture, Inc.; and (10) Expert Painting & Pressure Washing,
Inc.
ii. Status of Fourth Party Complaints: In response to the
Association’s Second Amended Complaint and Royal Oak Homes,
LLC’s Crossclaim, Weathermaster Building Products, Inc. has sued
eight (8) sub-subcontractors: (1) All Glass Installation Corp.; (2)
Casey Hawkins Glass, Inc.; (3) Dean Nesbit, LLC; (4) Helberg
Enterprises, LLC; (5) Hobbit Windows, LLC; (6) T&M
Construction of Sanford, Inc.; (7) Well Done Windows, Inc.; (8)
Well Hung Windows & Doors, LLC; and Don King’s Concrete, Inc.
has sued three (3) sub-subcontractors: (1) E.R.O. Construction, Inc.;
(2) Lios Concrete Corp.; and (3) Atlantic Concrete Systems, Inc.
b. Service of Process: Status for each category below:
i. Association’s Second Amended Complaint: All parties to
the Association’s Second Amended Complaint have been
served.
ii. Crossclaim of Royal Oak Homes, LLC: All parties that are
subject of the Crossclaim filed by Royal Oak Homes, LLC
have been served.
iii. Fourth Party Complaints: All parties that are subject of the
Weathermaster Building Products, Inc.’s and Don King’s
Concrete, Inc.’s Fourth Party Complaints have been served,
with the exception of Dean Nesbit, LLC
c. Venue: Although this case is pending in the business court which sits
in Orange County, Florida, the case will be tried in the county where
the project is located; that is, Osceola County, Florida. The parties are
currently investigating venues for the trial of this matter in the event
that the Court cannot accommodate twenty-four (24) plus parties and
their legal teams.
d. Joinder of Additional Parties: At this time, Joinder of Additional
Parties is not anticipated; however, the parties may seek leave to join
additional parties as new and additional information is learned through
discovery.
e. Theories of Liability: The issues of fact and law to be decided by the
Court relate to, as asserted against various Defendants in the Second
Amended Complaint: (1) the Defendants’ alleged violation and/or
breach of the Florida Building Code; (2) the Defendants’ alleged
negligence (generally); (3) the Defendants’ alleged negligent
supervision; (4) the Defendants’ alleged vicarious liability; (5) the
Defendants’ alleged breach of implied warranties; (6) the Defendants’
alleged professional negligence; (7) Royal Oak Homes, LLC’s
Crossclaims; (8) the fourth party claims asserted by Weathermaster
Building Products, Inc. and Don King’s Concrete, Inc.; and (9) the
defenses raised by any party in these proceedings.
f. Damages Claimed: The Association seeks the cost to repair the
deficiencies and damage caused to the Community, pre- and post-
judgment interest, court costs and investigation costs. The opinions of
the Association’s experts as to both liability and damages have been
published to all parties in accordance with the previously agreed Case
Management Order (“CMO”) in this action.
g. Applicable Defenses: The defenses asserted by each of the parties in
this matter are as follows: (1) alleged failure to state claims upon which
relief may be granted; (2) alleged failure to mitigate damages; (3)
alleged subcontractor and general contractor compliance with the plans,
specifications, and drawings; (4) the work was inspected by others; (5)
alleged subcontractor and general contractor compliance with industry
standards applicable to work at the time; (6) alleged subcontractor and
general contractor compliance with building code effective for the
jurisdiction at the time; (7) alleged failure to identify how services
provided resulted in violations of the building code; (8) all required
building permits were obtained, the local government approved the
plans, and the Project passed inspection; (9) alleged contributory or
comparative negligence; (10) the defects were allegedly not caused by
one party and was caused by others; (11) alleged negligent
maintenance; (12) materials/work provided were altered modified, or
substantially changed by another entity; (13) intervening and/or
superseding actions; (14) Fabre defense; (15) Slavin defense; (16)
economic loss doctrine; (17) economic waste; (18) expiration of the
statute of limitations/statute of repose; (19) laches doctrine; (20) act of
God; (21) the Association’s alleged failure to timely detect and correct
any alleged deficiencies; (22) doctrine of waiver and estoppel; (23) set-
off; (24) betterment; (25) defects with the work were allegedly open
and obvious; (26) alleged failure to comply with Chapter 558; (27)
alleged assumption of the risk; (28) alleged spoliation; (29) alleged lack
of standing; (30) Spearin doctrine; (31) illusory contract; (32)
contractual indemnification; (33) statute of frauds; (34) lack of duty;
(35) reservation of right to arbitrate; (36) value of beneficial use; (37)
no duty in tort; (38) claims are barred by the terms of the express
warranties issued to the original purchasers; (39) the Association has
no greater rights than the original purchasers; (40) limitation of
remedies in the applicable warranty documents; (41) no reliance on
alleged representations; and (42) state of the art defense. Additional
defenses may be alleged.
3. The identity and number of any motions to dismiss or other
preliminary or pre-discovery motions which have been filed and the time period
in which they shall be filed, briefed and argued:
a. Association’s Second Amended Complaint: Weintraub filed a
Motion to Dismiss the Association’s Second Amended Complaint,
Plaintiff Responded in Opposition, Weintraub replied, and the Motion
was Fully Briefed. This Court granted Weintraub’s Motion to Dismiss
Count 26 of Plaintiff’s Second Amended Complaint without Prejudice
and gave Plaintiff 30 days’ leave to file a Third Amended Complaint or
Abandon Count 26. Plaintiff has Abandoned Count 26 of the Second
Amended Complaint. Otherwise, pursuant to the Order Striking
Various Motions as Abandoned entered by this Court on April 5, 2023,
there are none.
b. Crossclaims and Third/Fourth Party Complaint of Royal Oak
Homes, LLC: Pursuant to the Order Striking Various Motions as
Abandoned entered by this Court on April 5, 2023, there are none.
c. Fourth Party Complaints: All outstanding Motions to Dismiss
regarding the Fourth Party Complaints have been resolved.
4. A discovery plan and schedule including the length of the discovery
period, the number of fact and expert depositions to be permitted and, as
appropriate, the length and sequence of such depositions:
The parties previously agreed on a CMO and extensions that set forth the
following schedule:
a. Length of Discovery Period: Discovery cut off: December 31,
2023.
b. Anticipated number of fact depositions: The parties estimate that,
based on the facts known to date, up to thirty-six (36) fact witness
depositions may be taken.
c. Anticipated number of expert depositions: The parties anticipate the
need for up to three (3) experts per party. The number of expert
depositions that will need to be taken is undetermined at this time.
d. Length and sequence of depositions: The parties agree to, in most
instances, limit the length of a deposition to two (2) eight-hour days. If
a party seeks additional deposition time for a witness and the parties are
unable to agree on that time, the party seeking additional time will
request leave of Court to proceed.
5. Anticipated Areas of Expert Testimony, Timing For Identification
of Experts, Responses To Expert Discovery And Exchange Of Expert Reports:
a. Areas of Expert Testimony: The parties anticipate the need for expert
testimony regarding issues of liability, damages, and repairs associated
with same.
b. Timing of Disclosures/Exchange Reports: Under the prior CMO, the
deadline for all parties to make the following disclosures fell on or
before the listed dates—all of which have passed:
i. Plaintiff’s Expert Disclosure Deadline: April 30, 2021.
ii. Royal Oak Homes, LLC and The Dimillo Group, LLC
Expert Disclosure Deadline: August 27, 2021.
iii. Third and Fourth Party Defendant Expert Disclosure
Deadline: November 1, 2021.
iv. Final Rebuttal Expert Disclosures for Plaintiff: November 15,
2021.
v. All Defendants’ Rebuttal Expert Disclosure Deadline:
November 30, 2021.
c. Disclosure of Expert Files: Twenty (20) days prior to each expert’s
respective deposition, the applicable Party shall produce copies of that
expert’s job file.
6. Payment of Expert Costs: Each party shall be responsible for its pro
rata share of the expert costs associated with depositions for the time spent deposing
the expert during the deposition, with payment due no later than 60 days after receipt
of invoice.
7. Estimate of volume of documents: The parties expect that the volume
of records produced in this action will exceed 25,000 pages.
8. Dispositive Motion Deadline: 120 days before trial.
9. Mediation: The mediator for this action is Devon Coughlan, Esq.
Mediation sessions have been held on September 1-2, 2021, April 28, 2022, and
February 16, 2023.
10. Technology: The Parties anticipate using technology for the
presentation of evidence at trial. However, the specific technologies and how they
will be employed are yet to be determined.
11. Likely Costs: The parties estimate litigation through a two-month
long trial with expert witnesses will cost at least $500,000 per party from April 1,
2023 going forward.
12. Legal and Factual Issues: The principal disputed legal and factual
issues are framed by the parties’ respective pleadings, and generally concern: (a) the
existence of purported defects and alleged resulting damage; (b) causation of same;
(c) the Defendants’ respective responsibility, if any, for the alleged defect(s); (d) the
scope of repairs alleged to be necessary; (e) the cost of such repairs; (f) the
Defendants’ alleged defenses; (g) apportionment of damages to respective parties
and/or Defendants; and (h) Daubert and other evidentiary issues.
13. Undisputed Legal Principles and Facts: No stipulations have been
made as of the filing of this report.
14. Estimated Length of Trial: Eight (8) weeks. The parties propose a
trial period of ____ 2024.1
15. Demands for Jury Trial: A demand for jury trial has been made.2
1
The Parties cannot agree on a proposed trial docket period.
2
Royal Oak Homes, LLC denies that the Association is entitled to a trial by jury, as the Association steps into the
shoes of the owners of the individual townhome units, and the owners have waived their rights to a jury trial on issues
16. Motions in Limine and Daubert Motion Deadline: 60 days before
trial.
17. Assigned Track: Business Complex Civil Litigation Track.
18. Special Magistrate: None. The parties do not agree to use a Special
Magistrate.
19. Discovery Through Depository: A discovery depository has been set
up through the designated court reporter for this action.
20. Court Reporting Service: The parties have agreed to use Legal
Realtime as the designated court reporting service for this action.
DATED: April 7, 2023
BALL JANIK LLP
By: /s/ Kasey L. Joyce
Phillip Joseph, FL No. 1000368
Evan J. Small, FL Bar No. 57306
Jeffrey A. Widelitz, FL Bar No. 105642
Christopher S. Tribbey, FL Bar No. 1003114
Kasey L. Joyce, FL Bar No. 1024705
201 E Pine Street, Suite 600
Orlando, FL 32801
Telephone: (407) 455-5664
Facsimile: (407) 902-2105
pjoseph@balljanik.com
esmall@balljanik.com
between Royal Oak Homes, LLC and the Association. The Association disputes this assertion as to the demand for
jury trial.
jwidelitz@balljanik.com
ctribbey@balljanik.com
kjoyce@balljanik.com
dtodd@balljanik.com
bburton@balljanik.com
orlandodocket@balljanik.com
Counsel for Villas at Emerald Lake
Homeowners Association, Inc.
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been filed and served via the
Florida Courts E-Filing Portal on April 7, 2023.
/s/ Kasey L. Joyce
Kasey L. Joyce, Esq.
SERVICE LIST
LUIS PRATS THAMIR A.R. KADDOURI, JR.
LANNIE D. HOUGH, JR. PENELOPE T. ROWLETT
JAMES MICHAEL WALLS BETH ANN TOBEY
ROBIN H. LEAVENGOOD Law Office of Thamir A.R. Kaddouri,
Carlton Fields, P.A. Jr. P.A.
4221 W. Boy Scout Boulevard 3220 West Cypress Street
Tampa, FL 33607-5780 Tampa, FL 33607
(813) 223-7000 (813) 879-5752
lprats@carltonfields.com thamir.kaddouri@tampalaw.org
lhough@carltonfields.com service@tampalaw.org
mwalls@carltonfields.com beth.tobey@tampalaw.org
rleavengood@carltonfields.com
mramos@carltonfields.com Counsel for Defendant, Imperial
nbonilla@carltonfields.com Building Corporation
ejohnson@carltonfields.com
krick@carltonfields.com
Counsel for Defendant, Royal Oak
Homes, LLC
PAUL SIDNEY ELLIOTT PETER J. KAPSALES
P.O. Box 274204 MARGARET M. EFTA
Tampa, FL 33688-4204 Milne Law Group, P.A.
(813) 265-1314 301 E. Pine Street, Suite 525
pse@psejd.com Orlando, FL 32801
(321) 558-7700
Counsel for Defendant, Hugh pkapsales@milnelawgroup.com
MacDonald Construction, Inc. (HMC) mefta@milnelawgroup.com
eservice@milnelawgroup.com
DENISE M. ANDERSON
ASHLEY M. MATTINGLY Counsel for Defendant, Weathermaster
Butler Weihmuller Katz Craig LLP Building Products, Inc.
400 N. Ashley Drive, Suite 2300
Tampa, FL 33602
(813) 281-1900
danderson@butler.legal
amattingly@butler.legal
krieck@butler.legal
rjorge@butler.legal
Co-Counsel for Defendant, Hugh
MacDonald Construction, Inc.
DENISE M. ANDERSON ANDREW E. HOLWAY
DAVID A. MERCER J. ROCCO CAFARO
Butler Weihmuller Katz Craig, LLP Hill Ward Henderson
400 N. Ashley Drive, Suite 2300 101 E. Kennedy Blvd., Suite 3700
Tampa, FL 33602 Tampa, FL 33602
danderson@butler.legal (813) 221-3900
dmercer@butler.legal andrew.holway@hwhlaw.com
krieck@butler.legal derrick.calandra@hwhlaw.com
rjorge@butler.legal jill.kuty@hwhlaw.com
tbarry@butler.legal kathy.wernsing@hwhlaw.com
rocco.cafaro@hwhlaw.com
Counsel for Defendant, Don King’s tracy.coale@hwhlaw.com
Concrete, Inc.
Counsel for Defendant/Cross
Defendant, Weintraub Inspections &
Forensics, Inc. n/k/a Weintraub
Engineering and Inspections, Inc.
JAYNE ANN PITTMAN BRUCE R. CALDERON
NATALIE C. FISCHER ALICIA Z. GROSS
Conroy Simberg BARRI A. REISCH
Two South Orange Avenue, Suite 300 Milber Makris Plousadis & Seiden,
Orlando, FL 32801 LLP
(407) 649-9797 1900 NW Corporate Blvd.
eserviceorl@conroysimberg.com East Tower, Suite 440
jpittman@conroysimberg.com Boca Raton, FL 33431
mmaitland@conroysimberg.com (561) 994-7310
nfischer@conroysimberg.com bcalderon@milbermakris.com
agross@milbermakris.com
Counsel for Defendant, Advanced breisch@milbermakris.com
Wrapping and Concrete Solutions of kmcdowell@milbermakris.com
Central Florida, Inc. sskowronski@milbermakris.com
Counsel for Defendant/Cross-
Defendant, Brown + Company
Architecture, Inc.
JENNIFER MILLER BROOKS S. SCOTT ROSS
KIRA TSIRING Groelle & Salmon, P.A.
Hamilton, Miller & Birthisel, LLP 1715 N. Westshore Blvd., Suite 320
150 Southeast Second Avenue, Suite Tampa, FL 33607
1200 (813) 849-7200
Miami, FL 33131-2332 gstcourtdocs@gspalaw.com
(305) 379-3686 sross@gspalaw.com
jmiller@hamiltonmillerlaw.com cebanks@gspalaw.com
ktsiring@hamiltonmillerlaw.com mcoleman@gspalaw.com
jcasaccio@hamiltonmillerlaw.com
Counsel for Third-Party Defendant,
Counsel for Defendant/Cross- Helberg Enterprises, LLC
Defendant, TGK Stucco, Inc.
VICKI LAMBERT ANDREW T. MARSHALL
ALEC MASSON SARA W. MAPES
Luks, Santaniello, Petrillo & Cohen Hamilton, Price & Marshall, P.A.
201 S. Orange Avenue, Suite 400 2400 Manatee Ave. W.
Orlando, FL 32801 Bradenton, FL 34205
(407) 540-9170 (941) 748-0550
luksorl-pleadings@ls-law.com andrew@hamiltonpricelaw.com
amason@insurancedefense.net sara@hamiltonpricelaw.com
jpestonit@insurancedefense.net nancy@hamiltonpricelaw.com
kelsey@hamiltonpricelaw.com
Counsel for Third-Party Defendant, atmservice@hamiltonpricelaw.com
Casey Hawkins Glass, Inc.
Counsel for Third-Party Defendant,
PHILLIP S. HOWELL T&M Construction of Sanford, Inc.
BRENDEN C. COLLINS
Galloway, Johnson, Tompkins, Burr & WILLIAM M. WOODS
Smith, P.L.C. JOSEPH M. CLINE
400 N. Ashley Dr., Suite 1000 100 S. Missouri Avenue, Suite 201
Tampa, FL 33602 Clearwater, Fl 33756
(813) 977-1200 (727) 799-1229, Ext. 4072
tampaservice@gallowaylawfirm.com wwoods@willwoodslaw.com
phowell@gallowaylawfirm.com josephc@willwoodslaw.com
bcollinsl@gallowaylawfirm.com marital@willwoodslaw.com
pleadings@willwoodslaw.com
Counsel for Third-Party Defendant,
Casey Hawkins Glass, Inc. Counsel for Third-Party Defendants,
T & M Construction of Sanford, Inc.
and All Glass Installation Corp.
JOSEPH L. ZOLLNER COLE J. COPERTINO
Law Office of Christopher Norris Wright, Fulford, Moorhead & Brown,
PO Box 7217 P.A.
London, KY 40742 505 Maitland Avenue, Suite 1000
(904) 346-5422 Altamonte Springs, FL 32701
floridacdlegalmail@libertymutual.com (407) 425-0234
joseph.zollner@libertymutual.com ccopertino@wfmblaw.com
cbraungart@wfmblaw.com
Counsel for Third-Party Defendant, lwilliams@wfmblaw.com
Lios Concrete Corp
Counsel for Third-Party Defendant,
Well Hung Windows & Doors
MONAL O. ZIPPER CHESLEY G. MOODY, JR.
JENNIFE SHIPPOLE MAI M. LE
Law Office of Jennifer L. Shippole Moody & Graf, P.A.
14050 NW 14th Street, Suite 180 1101 N. Lake Destiny Road, Suite 200
Sunrise, FL 33323 Maitland, FL 32751
(954) 417-3066 Ext. 4645 (407) 755-6900
jlspleadings@fednat.com cmoody@moodygraf.com
mzipper@fednat.com mle@moodygraf.com
jshippole@fednat.com kbraund@moodygraf.com
iperera@moodygraf.com
Counsel for Third-Party Defendant,
Atlantic Concrete Systems, Inc. Counsel for Premier Plastering of
Central Florida, Inc. Withdrew for
Premier Plastering only 3.4.2022 &
Defendant/Cross-Defendant, Wolf’s
Irrigation & Landscaping, Inc.
JERRILYNN HADLEY WAYNE M. ALDER
TODD M. LADAUCEUR Fisher Broyles, LLP
Galloway, Johnson, Tompkins, Burr 7668 N. W. 125th Way
and Smith, PLC Pompano Beach, FL 33076
118 E. Garden Street (954) 603-6174
Pensacola, FL 32502 wayne.alder@fisherbroyles.com
(850) 436-7000 wmalder@bellsouthnet.com
tmlconstruction@gallowaylawfirm.com
Counsel for Third-Party Defendant,
Counsel for Third-Party Defendant E.R.O. Construction, Inc. and Well
Hobbit Windows, LLC Done Windows, Inc.
SHAUN M. QUINN
JACKELINE RODRIGUEZ
Hamilton, Miller & Birthisel, LLP
150 S.E. 2nd Avenue, Suite 1200
Miami, FL 33131
(305) 379-3686
squinn@hamiltonmillerlaw.com
jrodriguez@hamiltonmiller.com
Counsel for Defendant/ Cross-
Defendant, Premier Plastering of
Central Florida, Inc.
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Filing # 170577248 E-Filed 04/07/2023 03:08:42 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA Case No.: 2020-CA-002942 BUSINESS COURT VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Case No.: 2020-CA-002942 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 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 Profit Corporation, Defendants. ___________________________________/ ROYAL OAKS HOME, LLC., Cross-Claimant, 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, Cross-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. ___________________________________/ DON KING’S CONCRETE, INC., a Florida corporation, Third-Party Plaintiff, v. E.R.O. CONSTRUCTION, INC., a Florida corporation; LIOS CONCRETE CORP., a Florida corporation; and ATLANTIC CONCRETE SYSTEMS, INC., a Florida corporation, Third-Party Defendants. ___________________________________/ JOINT CASE MANAGEMENT REPORT Plaintiff, Villas at Emerald Lake Homeowners Association, Inc. (“Association”), and all defendants (including third/fourth party defendants), Royal Oak Homes, LLC; Advanced Wrapping and Concrete Solutions of Central Florida, Inc.; Don King’s Concrete, Inc.; Hugh MacDonald Construction, Inc.; Imperial Building Corporation; TGK Stucco, Inc.; Weathermaster Building Products, Inc.; Weintraub Inspections & Forensic, Inc. n/k/a Weintraub Engineering and Inspections, Inc.; The Dimillo Group, LLC; Wolf’s Irrigation & Landscaping, Inc.; Summerpark Homes, Inc.; Brown + Company Architecture, Inc.; Expert Painting & Pressure Washing, Inc.; All Glass Installation Corp.; Casey Hawkins Glass, Inc.; Dean Nesbit, LLC; Helberg Enterprises, LLC; Hobbit Windows, LLC; T&M Construction of Sanford, Inc.; Well Done Windows, Inc.; Well Hung Windows & Doors, LLC; E.R.O. Construction, Inc.; Lios Concrete Corp.; and Atlantic Concrete Systems, Inc. (collectively, the “Defendants”), submit the following Joint Case Management Report pursuant to the Order Setting Case Management Conference entered on January 3, 2023 (“Order”) and the Business Court Procedures as follows: 1. A brief factual statement of the case: This is a construction defect action in which the Association asserts it has sustained (and continues to sustain) substantial damages arising from the negligent planning, design, and construction of the Villas at Emerald Lake townhome community, located in Osceola County, Florida (the “Community”). The Defendants are purportedly responsible for the development, design, and construction of the Community and deny that the alleged defects exist and, if any defects are found to exist, deny liability for the defects and the damages claimed by the Association. 2. Pleading Issues/Procedural Posture: a. Pleadings: The current operative pleadings are the Association’s Second Amended Complaint and responses thereto. In addition, Royal Oak Homes, LLC’s Second Amended Crossclaim, and the Third/Fourth-Party Complaints of Weathermaster Building Products, Inc., and Don King’s Concrete, Inc., and the responses thereto. i. Status of Association’s Second Amended Complaint: The Association’s Second Amended Complaint asserts claims against thirteen of the Defendants. Specifically, the Second Amended Complaint asserts claims against: (1) Royal Oak Homes, LLC; (2) Advanced Wrapping and Concrete Solutions of Central Florida, Inc.; (3) Don King’s Concrete, Inc.; (4) Hugh MacDonald Construction, Inc.; (5) Imperial Building Corporation; (6) TGK Stucco, Inc.; (7) Weathermaster Building Products, Inc.; (8) Weintraub Inspections & Forensic, Inc. n/k/a Weintraub Engineering and Inspections, Inc.; (9) The Dimillo Group, LLC; (10) Wolf’s Irrigation & Landscaping, Inc.; (11) Summerpark Homes, Inc.; (12) Brown + Company Architecture, Inc.; and (13) Expert Painting & Pressure Washing, Inc. i. Pending Motions for Default: The Dimillo Group, LLC; Summerpark Homes, Inc.; and Expert Painting & Pressure Washing, Inc. have not responded to the Second Amended Complaint, filed anything in the pending litigation, or obtained counsel. Plaintiff will be moving to default these parties. ii. Defaults Entered: None. iii. Answers: All other Defendants named in the Second Amended Complaint have either filed an Answer to the Second Amended Complaint, alongside defenses deemed applicable by the Defendants or previously filed a Motion to Dismiss the Second Amended Complaint. i. Status of Crossclaims of Royal Oak Homes, LLC: In response to the Association’s Complaint, Royal Oak Homes, LLC filed a Second Amended Crossclaim against ten (10) trade partners. The Crossclaim includes causes of action for breach of contract; negligence; and building code violations against the ten (10) trade partners. The ten (10) trade partners include: (1) Advanced Wrapping and Concrete Solutions of Central Florida, Inc.; (2) Don King’s Concrete, Inc.; (3) Hugh MacDonald Construction, Inc.; (4) Imperial Building Corporation; (5) TGK Stucco, Inc.; (6) Weathermaster Building Products, Inc.; (7) Weintraub Inspections & Forensic, Inc. n/k/a Weintraub Engineering and Inspections, Inc.; (8) Wolf’s Irrigation & Landscaping, Inc.; (9) Brown + Company Architecture, Inc.; and (10) Expert Painting & Pressure Washing, Inc. ii. Status of Fourth Party Complaints: In response to the Association’s Second Amended Complaint and Royal Oak Homes, LLC’s Crossclaim, Weathermaster Building Products, Inc. has sued eight (8) sub-subcontractors: (1) All Glass Installation Corp.; (2) Casey Hawkins Glass, Inc.; (3) Dean Nesbit, LLC; (4) Helberg Enterprises, LLC; (5) Hobbit Windows, LLC; (6) T&M Construction of Sanford, Inc.; (7) Well Done Windows, Inc.; (8) Well Hung Windows & Doors, LLC; and Don King’s Concrete, Inc. has sued three (3) sub-subcontractors: (1) E.R.O. Construction, Inc.; (2) Lios Concrete Corp.; and (3) Atlantic Concrete Systems, Inc. b. Service of Process: Status for each category below: i. Association’s Second Amended Complaint: All parties to the Association’s Second Amended Complaint have been served. ii. Crossclaim of Royal Oak Homes, LLC: All parties that are subject of the Crossclaim filed by Royal Oak Homes, LLC have been served. iii. Fourth Party Complaints: All parties that are subject of the Weathermaster Building Products, Inc.’s and Don King’s Concrete, Inc.’s Fourth Party Complaints have been served, with the exception of Dean Nesbit, LLC c. Venue: Although this case is pending in the business court which sits in Orange County, Florida, the case will be tried in the county where the project is located; that is, Osceola County, Florida. The parties are currently investigating venues for the trial of this matter in the event that the Court cannot accommodate twenty-four (24) plus parties and their legal teams. d. Joinder of Additional Parties: At this time, Joinder of Additional Parties is not anticipated; however, the parties may seek leave to join additional parties as new and additional information is learned through discovery. e. Theories of Liability: The issues of fact and law to be decided by the Court relate to, as asserted against various Defendants in the Second Amended Complaint: (1) the Defendants’ alleged violation and/or breach of the Florida Building Code; (2) the Defendants’ alleged negligence (generally); (3) the Defendants’ alleged negligent supervision; (4) the Defendants’ alleged vicarious liability; (5) the Defendants’ alleged breach of implied warranties; (6) the Defendants’ alleged professional negligence; (7) Royal Oak Homes, LLC’s Crossclaims; (8) the fourth party claims asserted by Weathermaster Building Products, Inc. and Don King’s Concrete, Inc.; and (9) the defenses raised by any party in these proceedings. f. Damages Claimed: The Association seeks the cost to repair the deficiencies and damage caused to the Community, pre- and post- judgment interest, court costs and investigation costs. The opinions of the Association’s experts as to both liability and damages have been published to all parties in accordance with the previously agreed Case Management Order (“CMO”) in this action. g. Applicable Defenses: The defenses asserted by each of the parties in this matter are as follows: (1) alleged failure to state claims upon which relief may be granted; (2) alleged failure to mitigate damages; (3) alleged subcontractor and general contractor compliance with the plans, specifications, and drawings; (4) the work was inspected by others; (5) alleged subcontractor and general contractor compliance with industry standards applicable to work at the time; (6) alleged subcontractor and general contractor compliance with building code effective for the jurisdiction at the time; (7) alleged failure to identify how services provided resulted in violations of the building code; (8) all required building permits were obtained, the local government approved the plans, and the Project passed inspection; (9) alleged contributory or comparative negligence; (10) the defects were allegedly not caused by one party and was caused by others; (11) alleged negligent maintenance; (12) materials/work provided were altered modified, or substantially changed by another entity; (13) intervening and/or superseding actions; (14) Fabre defense; (15) Slavin defense; (16) economic loss doctrine; (17) economic waste; (18) expiration of the statute of limitations/statute of repose; (19) laches doctrine; (20) act of God; (21) the Association’s alleged failure to timely detect and correct any alleged deficiencies; (22) doctrine of waiver and estoppel; (23) set- off; (24) betterment; (25) defects with the work were allegedly open and obvious; (26) alleged failure to comply with Chapter 558; (27) alleged assumption of the risk; (28) alleged spoliation; (29) alleged lack of standing; (30) Spearin doctrine; (31) illusory contract; (32) contractual indemnification; (33) statute of frauds; (34) lack of duty; (35) reservation of right to arbitrate; (36) value of beneficial use; (37) no duty in tort; (38) claims are barred by the terms of the express warranties issued to the original purchasers; (39) the Association has no greater rights than the original purchasers; (40) limitation of remedies in the applicable warranty documents; (41) no reliance on alleged representations; and (42) state of the art defense. Additional defenses may be alleged. 3. The identity and number of any motions to dismiss or other preliminary or pre-discovery motions which have been filed and the time period in which they shall be filed, briefed and argued: a. Association’s Second Amended Complaint: Weintraub filed a Motion to Dismiss the Association’s Second Amended Complaint, Plaintiff Responded in Opposition, Weintraub replied, and the Motion was Fully Briefed. This Court granted Weintraub’s Motion to Dismiss Count 26 of Plaintiff’s Second Amended Complaint without Prejudice and gave Plaintiff 30 days’ leave to file a Third Amended Complaint or Abandon Count 26. Plaintiff has Abandoned Count 26 of the Second Amended Complaint. Otherwise, pursuant to the Order Striking Various Motions as Abandoned entered by this Court on April 5, 2023, there are none. b. Crossclaims and Third/Fourth Party Complaint of Royal Oak Homes, LLC: Pursuant to the Order Striking Various Motions as Abandoned entered by this Court on April 5, 2023, there are none. c. Fourth Party Complaints: All outstanding Motions to Dismiss regarding the Fourth Party Complaints have been resolved. 4. A discovery plan and schedule including the length of the discovery period, the number of fact and expert depositions to be permitted and, as appropriate, the length and sequence of such depositions: The parties previously agreed on a CMO and extensions that set forth the following schedule: a. Length of Discovery Period: Discovery cut off: December 31, 2023. b. Anticipated number of fact depositions: The parties estimate that, based on the facts known to date, up to thirty-six (36) fact witness depositions may be taken. c. Anticipated number of expert depositions: The parties anticipate the need for up to three (3) experts per party. The number of expert depositions that will need to be taken is undetermined at this time. d. Length and sequence of depositions: The parties agree to, in most instances, limit the length of a deposition to two (2) eight-hour days. If a party seeks additional deposition time for a witness and the parties are unable to agree on that time, the party seeking additional time will request leave of Court to proceed. 5. Anticipated Areas of Expert Testimony, Timing For Identification of Experts, Responses To Expert Discovery And Exchange Of Expert Reports: a. Areas of Expert Testimony: The parties anticipate the need for expert testimony regarding issues of liability, damages, and repairs associated with same. b. Timing of Disclosures/Exchange Reports: Under the prior CMO, the deadline for all parties to make the following disclosures fell on or before the listed dates—all of which have passed: i. Plaintiff’s Expert Disclosure Deadline: April 30, 2021. ii. Royal Oak Homes, LLC and The Dimillo Group, LLC Expert Disclosure Deadline: August 27, 2021. iii. Third and Fourth Party Defendant Expert Disclosure Deadline: November 1, 2021. iv. Final Rebuttal Expert Disclosures for Plaintiff: November 15, 2021. v. All Defendants’ Rebuttal Expert Disclosure Deadline: November 30, 2021. c. Disclosure of Expert Files: Twenty (20) days prior to each expert’s respective deposition, the applicable Party shall produce copies of that expert’s job file. 6. Payment of Expert Costs: Each party shall be responsible for its pro rata share of the expert costs associated with depositions for the time spent deposing the expert during the deposition, with payment due no later than 60 days after receipt of invoice. 7. Estimate of volume of documents: The parties expect that the volume of records produced in this action will exceed 25,000 pages. 8. Dispositive Motion Deadline: 120 days before trial. 9. Mediation: The mediator for this action is Devon Coughlan, Esq. Mediation sessions have been held on September 1-2, 2021, April 28, 2022, and February 16, 2023. 10. Technology: The Parties anticipate using technology for the presentation of evidence at trial. However, the specific technologies and how they will be employed are yet to be determined. 11. Likely Costs: The parties estimate litigation through a two-month long trial with expert witnesses will cost at least $500,000 per party from April 1, 2023 going forward. 12. Legal and Factual Issues: The principal disputed legal and factual issues are framed by the parties’ respective pleadings, and generally concern: (a) the existence of purported defects and alleged resulting damage; (b) causation of same; (c) the Defendants’ respective responsibility, if any, for the alleged defect(s); (d) the scope of repairs alleged to be necessary; (e) the cost of such repairs; (f) the Defendants’ alleged defenses; (g) apportionment of damages to respective parties and/or Defendants; and (h) Daubert and other evidentiary issues. 13. Undisputed Legal Principles and Facts: No stipulations have been made as of the filing of this report. 14. Estimated Length of Trial: Eight (8) weeks. The parties propose a trial period of ____ 2024.1 15. Demands for Jury Trial: A demand for jury trial has been made.2 1 The Parties cannot agree on a proposed trial docket period. 2 Royal Oak Homes, LLC denies that the Association is entitled to a trial by jury, as the Association steps into the shoes of the owners of the individual townhome units, and the owners have waived their rights to a jury trial on issues 16. Motions in Limine and Daubert Motion Deadline: 60 days before trial. 17. Assigned Track: Business Complex Civil Litigation Track. 18. Special Magistrate: None. The parties do not agree to use a Special Magistrate. 19. Discovery Through Depository: A discovery depository has been set up through the designated court reporter for this action. 20. Court Reporting Service: The parties have agreed to use Legal Realtime as the designated court reporting service for this action. DATED: April 7, 2023 BALL JANIK LLP By: /s/ Kasey L. Joyce Phillip Joseph, FL No. 1000368 Evan J. Small, FL Bar No. 57306 Jeffrey A. Widelitz, FL Bar No. 105642 Christopher S. Tribbey, FL Bar No. 1003114 Kasey L. Joyce, FL Bar No. 1024705 201 E Pine Street, Suite 600 Orlando, FL 32801 Telephone: (407) 455-5664 Facsimile: (407) 902-2105 pjoseph@balljanik.com esmall@balljanik.com between Royal Oak Homes, LLC and the Association. The Association disputes this assertion as to the demand for jury trial. jwidelitz@balljanik.com ctribbey@balljanik.com kjoyce@balljanik.com dtodd@balljanik.com bburton@balljanik.com orlandodocket@balljanik.com Counsel for Villas at Emerald Lake Homeowners Association, Inc. CERTIFICATE OF SERVICE I certify that a true copy of the foregoing has been filed and served via the Florida Courts E-Filing Portal on April 7, 2023. /s/ Kasey L. Joyce Kasey L. Joyce, Esq. SERVICE LIST LUIS PRATS THAMIR A.R. KADDOURI, JR. LANNIE D. HOUGH, JR. PENELOPE T. ROWLETT JAMES MICHAEL WALLS BETH ANN TOBEY ROBIN H. LEAVENGOOD Law Office of Thamir A.R. Kaddouri, Carlton Fields, P.A. Jr. P.A. 4221 W. Boy Scout Boulevard 3220 West Cypress Street Tampa, FL 33607-5780 Tampa, FL 33607 (813) 223-7000 (813) 879-5752 lprats@carltonfields.com thamir.kaddouri@tampalaw.org lhough@carltonfields.com service@tampalaw.org mwalls@carltonfields.com beth.tobey@tampalaw.org rleavengood@carltonfields.com mramos@carltonfields.com Counsel for Defendant, Imperial nbonilla@carltonfields.com Building Corporation ejohnson@carltonfields.com krick@carltonfields.com Counsel for Defendant, Royal Oak Homes, LLC PAUL SIDNEY ELLIOTT PETER J. KAPSALES P.O. Box 274204 MARGARET M. EFTA Tampa, FL 33688-4204 Milne Law Group, P.A. (813) 265-1314 301 E. Pine Street, Suite 525 pse@psejd.com Orlando, FL 32801 (321) 558-7700 Counsel for Defendant, Hugh pkapsales@milnelawgroup.com MacDonald Construction, Inc. (HMC) mefta@milnelawgroup.com eservice@milnelawgroup.com DENISE M. ANDERSON ASHLEY M. MATTINGLY Counsel for Defendant, Weathermaster Butler Weihmuller Katz Craig LLP Building Products, Inc. 400 N. Ashley Drive, Suite 2300 Tampa, FL 33602 (813) 281-1900 danderson@butler.legal amattingly@butler.legal krieck@butler.legal rjorge@butler.legal Co-Counsel for Defendant, Hugh MacDonald Construction, Inc. DENISE M. ANDERSON ANDREW E. HOLWAY DAVID A. MERCER J. ROCCO CAFARO Butler Weihmuller Katz Craig, LLP Hill Ward Henderson 400 N. Ashley Drive, Suite 2300 101 E. Kennedy Blvd., Suite 3700 Tampa, FL 33602 Tampa, FL 33602 danderson@butler.legal (813) 221-3900 dmercer@butler.legal andrew.holway@hwhlaw.com krieck@butler.legal derrick.calandra@hwhlaw.com rjorge@butler.legal jill.kuty@hwhlaw.com tbarry@butler.legal kathy.wernsing@hwhlaw.com rocco.cafaro@hwhlaw.com Counsel for Defendant, Don King’s tracy.coale@hwhlaw.com Concrete, Inc. Counsel for Defendant/Cross Defendant, Weintraub Inspections & Forensics, Inc. n/k/a Weintraub Engineering and Inspections, Inc. JAYNE ANN PITTMAN BRUCE R. CALDERON NATALIE C. FISCHER ALICIA Z. GROSS Conroy Simberg BARRI A. REISCH Two South Orange Avenue, Suite 300 Milber Makris Plousadis & Seiden, Orlando, FL 32801 LLP (407) 649-9797 1900 NW Corporate Blvd. eserviceorl@conroysimberg.com East Tower, Suite 440 jpittman@conroysimberg.com Boca Raton, FL 33431 mmaitland@conroysimberg.com (561) 994-7310 nfischer@conroysimberg.com bcalderon@milbermakris.com agross@milbermakris.com Counsel for Defendant, Advanced breisch@milbermakris.com Wrapping and Concrete Solutions of kmcdowell@milbermakris.com Central Florida, Inc. sskowronski@milbermakris.com Counsel for Defendant/Cross- Defendant, Brown + Company Architecture, Inc. JENNIFER MILLER BROOKS S. SCOTT ROSS KIRA TSIRING Groelle & Salmon, P.A. Hamilton, Miller & Birthisel, LLP 1715 N. Westshore Blvd., Suite 320 150 Southeast Second Avenue, Suite Tampa, FL 33607 1200 (813) 849-7200 Miami, FL 33131-2332 gstcourtdocs@gspalaw.com (305) 379-3686 sross@gspalaw.com jmiller@hamiltonmillerlaw.com cebanks@gspalaw.com ktsiring@hamiltonmillerlaw.com mcoleman@gspalaw.com jcasaccio@hamiltonmillerlaw.com Counsel for Third-Party Defendant, Counsel for Defendant/Cross- Helberg Enterprises, LLC Defendant, TGK Stucco, Inc. VICKI LAMBERT ANDREW T. MARSHALL ALEC MASSON SARA W. MAPES Luks, Santaniello, Petrillo & Cohen Hamilton, Price & Marshall, P.A. 201 S. Orange Avenue, Suite 400 2400 Manatee Ave. W. Orlando, FL 32801 Bradenton, FL 34205 (407) 540-9170 (941) 748-0550 luksorl-pleadings@ls-law.com andrew@hamiltonpricelaw.com amason@insurancedefense.net sara@hamiltonpricelaw.com jpestonit@insurancedefense.net nancy@hamiltonpricelaw.com kelsey@hamiltonpricelaw.com Counsel for Third-Party Defendant, atmservice@hamiltonpricelaw.com Casey Hawkins Glass, Inc. Counsel for Third-Party Defendant, PHILLIP S. HOWELL T&M Construction of Sanford, Inc. BRENDEN C. COLLINS Galloway, Johnson, Tompkins, Burr & WILLIAM M. WOODS Smith, P.L.C. JOSEPH M. CLINE 400 N. Ashley Dr., Suite 1000 100 S. Missouri Avenue, Suite 201 Tampa, FL 33602 Clearwater, Fl 33756 (813) 977-1200 (727) 799-1229, Ext. 4072 tampaservice@gallowaylawfirm.com wwoods@willwoodslaw.com phowell@gallowaylawfirm.com josephc@willwoodslaw.com bcollinsl@gallowaylawfirm.com marital@willwoodslaw.com pleadings@willwoodslaw.com Counsel for Third-Party Defendant, Casey Hawkins Glass, Inc. Counsel for Third-Party Defendants, T & M Construction of Sanford, Inc. and All Glass Installation Corp. JOSEPH L. ZOLLNER COLE J. COPERTINO Law Office of Christopher Norris Wright, Fulford, Moorhead & Brown, PO Box 7217 P.A. London, KY 40742 505 Maitland Avenue, Suite 1000 (904) 346-5422 Altamonte Springs, FL 32701 floridacdlegalmail@libertymutual.com (407) 425-0234 joseph.zollner@libertymutual.com ccopertino@wfmblaw.com cbraungart@wfmblaw.com Counsel for Third-Party Defendant, lwilliams@wfmblaw.com Lios Concrete Corp Counsel for Third-Party Defendant, Well Hung Windows & Doors MONAL O. ZIPPER CHESLEY G. MOODY, JR. JENNIFE SHIPPOLE MAI M. LE Law Office of Jennifer L. Shippole Moody & Graf, P.A. 14050 NW 14th Street, Suite 180 1101 N. Lake Destiny Road, Suite 200 Sunrise, FL 33323 Maitland, FL 32751 (954) 417-3066 Ext. 4645 (407) 755-6900 jlspleadings@fednat.com cmoody@moodygraf.com mzipper@fednat.com mle@moodygraf.com jshippole@fednat.com kbraund@moodygraf.com iperera@moodygraf.com Counsel for Third-Party Defendant, Atlantic Concrete Systems, Inc. Counsel for Premier Plastering of Central Florida, Inc. Withdrew for Premier Plastering only 3.4.2022 & Defendant/Cross-Defendant, Wolf’s Irrigation & Landscaping, Inc. JERRILYNN HADLEY WAYNE M. ALDER TODD M. LADAUCEUR Fisher Broyles, LLP Galloway, Johnson, Tompkins, Burr 7668 N. W. 125th Way and Smith, PLC Pompano Beach, FL 33076 118 E. Garden Street (954) 603-6174 Pensacola, FL 32502 wayne.alder@fisherbroyles.com (850) 436-7000 wmalder@bellsouthnet.com tmlconstruction@gallowaylawfirm.com Counsel for Third-Party Defendant, Counsel for Third-Party Defendant E.R.O. Construction, Inc. and Well Hobbit Windows, LLC Done Windows, Inc. SHAUN M. QUINN JACKELINE RODRIGUEZ Hamilton, Miller & Birthisel, LLP 150 S.E. 2nd Avenue, Suite 1200 Miami, FL 33131 (305) 379-3686 squinn@hamiltonmillerlaw.com jrodriguez@hamiltonmiller.com Counsel for Defendant/ Cross- Defendant, Premier Plastering of Central Florida, Inc.