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  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview 
						
                                
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                                Filing # 152139735 E-Filed 06/24/2022 12:11:00 PM


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

                                                                CASE NO: 2020-CA-002942

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

              Plaintiff,
        v.

        ROYAL OAK HOMES, LLC, a Florida limited
        liability company; ADVANCED WRAPPING AND
        CONCRETE SOLUTIONS OF CENTRAL
        FLORIDA, INC., a Florida corporation; DON
        KING'S CONCRETE, INC., a Florida corporation;
        HUGH MACDONALD CONSTRUCTION, INC., a
        Florida corporation; IMPERIAL BUILDING
        CORPORATION, a Florida corporation; PREMIER
        PLASTERING OF CENTRAL FLORIDA, INC
        N/K/A TGK STUCCO, INC., a Florida corporation;
        WEATHERMASTER BUILDING PRODUCTS,
        INC., a Florida corporation; WEINTRAUB
        INSPECTIONS & FORENSICS, INC. N/K/A
        WEINTRAUB            ENGINEERING         AND
        INSPECTIONS, INC., a Florida corporation; THE
        DIMILLO GROUP, LLC, a Florida limited
        liabilitycompany; WOLF'S IRRIGATION &
        LANDSCAPING, INC., a Florida corporation;
        SUMMERPARK HOMES, INC., a Florida
        corporation;             BROWN+COMPANY
        ARCHITECTURE, INC., a Florida corporation;

              Defendants.
        _________________________________________/

        ROYAL OAK HOMES, LLC, a Florida limited
        Liability company,

              Crossclaim Plaintiff,
        v.

        ADVANCED WRAPPING AND CONCRETE
        SOLUTIONS OF CENTRAL FLORIDA, INC., a

                                               Milne Law Group, P.A.
                                 301 E. Pine Street • Suite 525 • Orlando, FL 32801
                           (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
Florida corporation; DON KING'S CONCRETE,
INC., a Florida corporation; HUGH MACDONALD
CONSTRUCTION, INC., a Florida corporation;
IMPERIAL BUILDING CORPORATION, a Florida
corporation; PREMIER PLASTERING OF
CENTRAL FLORIDA, INC N/K/A TGK STUCCO,
INC., a Florida corporation; WEATHERMASTER
BUILDING PRODUCTS, INC., a Florida
corporation; WEINTRAUB INSPECTIONS &
FORENSICS,        INC.     N/K/A   WEINTRAUB
ENGINEERING AND INSPECTIONS, INC.,
WOLF'S IRRIGATION & LANDSCAPING, INC.,
a Florida corporation; BROWN+COMPANY
ARCHITECTURE, INC., a Florida corporation;

      Crossclaim Defendants.
_________________________________________/

WEATHERMASTER BUILDING PRODUCTS,
INC., a Florida corporation,

      Third-Party Plaintiff,
v.

ALL GLASS INSTALLATION CORP., a Florida
corporation; CASEY HAWKINS, GLASS, INC., a
Florida corporation; DEAN NESBIT, LLC, a Florida
limited      liability     company; HELBERG
ENTERPRISES, LLC, a Florida limited liability
company; HOBBIT WINDOWS, LLC, a Florida
limited liability company; T&M CONSTRUCTION
OF SANFORD, INC., a Florida corporation; WELL
DONE WINDOWS, INC., a Florida corporation; and
WELL HUNG WINDOWS & DOORS, LLC, a
Florida limited liability company;

      Third-Party Defendants.
_________________________________________/




                                       Milne Law Group, P.A.
                         301 E. Pine Street • Suite 525 • Orlando, FL 32801
                   (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
                                               2
              DEFENDANT, WEATHERMASTER BUILDING
          PRODUCTS, INC.’S RESPONSE TO DEFENDANT, BROWN
    +COMPANY ARCHITECTURE, INC.’S FIRST REQUEST FOR PRODUCTION

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

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

responds        to   Defendant,       BROWN+COMPANY                 ARCHITECTURE,           INC.’s

(“BROWN+COMPANY”) First Request for Production dated February 22, 2022 and states as

follows:

                                   GENERAL OBJECTIONS

       A.       WEATHERMASTER objects to the instructions included as part of

BROWN+COMPANY’s First Request for Production to the extent they purport to impose upon

WEATHERMASTER burdens or obligations greater than those imposed by the Florida Rules of

Civil Procedure.

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

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

the extent that WEATHERMASTER withholds any responsive documents from production based

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

identifying the withheld documents.

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

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

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

and/or order.

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

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

                                         Milne Law Group, P.A.
                           301 E. Pine Street • Suite 525 • Orlando, FL 32801
                     (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
                                                 3
discovery. As such, WEATHERMASTER objects to all requests that are phrased “any and all.”

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

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

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

DCA 1986).

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

WEATHERMASTER will produce copies of all responsive documents to BROWN+COMPANY

upon advance payment of copying and delivery costs.

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

Requests to Produce as more information becomes known.

                                              RESPONSES


       1.      Any and all contracts you entered into related to the Project.

       RESPONSE:

       On May 24, 2021, WEATHERMASTER’s project file BATES numbered
       WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
       within the dropbox link provided in the service e-mail sent contemporaneously with
       this response.

       2.      All documents, drawings, specifications or plans prepared by BROWN that you
               examined or relied upon in performing your scope of services/work for the Project.

       RESPONSE:

       On May 24, 2021, WEATHERMASTER’s project file BATES numbered
       WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
       within the dropbox link provided in the service e-mail sent contemporaneously with
       this response.




                                        Milne Law Group, P.A.
                          301 E. Pine Street • Suite 525 • Orlando, FL 32801
                    (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
                                                 4
3.    All documents memorializing or detailing any inspections performed by BROWN
      related to your scope of work at the Project.

RESPONSE:

On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

4.    All documents memorializing or detailing approvals by BROWN related to your
      scope of work at the Project.

RESPONSE:

On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

5.    All documents memorializing or detailing work accepted by BROWN related to
      your scope of work at the Project.

RESPONSE:

On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

6.    All drawings, plans and specifications that you allege were improper or non-
      compliant with the applicable laws, regulations, or building codes.

RESPONSE:

On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

7.    Any improper designs and/or specifications that you relied upon at the Project.

RESPONSE:


                               Milne Law Group, P.A.
                 301 E. Pine Street • Suite 525 • Orlando, FL 32801
           (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
                                       5
On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

8.    All communications between you and BROWN related to the Project.

RESPONSE:

On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

9.    All communications exchanged between you and anyone related to the designs
      prepared by BROWN for the Project.

RESPONSE:

On May 24, 2021, WEATHERMASTER’s project file BATES numbered
WEATHERMASTER 00001 to 000456 was produced to all parties and can be found
within the dropbox link provided in the service e-mail sent contemporaneously with
this response.

                                            Respectfully Submitted,

                                            /s/ Peter J. Kapsales
                                            PETER J. KAPSALES, ESQ.
                                            Florida Bar No.: 91176
                                            SHAWN M. TRAUTMAN, ESQ.
                                            Florida Bar No.: 124269
                                            MILNE LAW GROUP, P.A.
                                            301 East Pine Street, Suite 525
                                            Orlando, Florida 32801
                                            Tel: (321) 558-7700
                                            Fax: (407) 641-2111
                                            Email: pkapsales@milnelawgroup.com
                                                    strautman@milnelawgroup.com
                                                    eservice@milnelawgroup.com
                                            Attorneys for Defendant/Third-Party
                                            Plaintiff, Weathermaster Building Products,
                                            Inc.




                               Milne Law Group, P.A.
                 301 E. Pine Street • Suite 525 • Orlando, FL 32801
           (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
                                       6
                                CERTIFICATE OF SERVICE

       WE HEREBY CERTIFY that on this 24th day of June, 2022, a true and correct copy of

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

Portal, which will deliver electronic copies of said filing pursuant to Fla. R. Jud. Admin.

2.516 to the designated email addresses of all counsel of record.


                                                     /s/ Peter J. Kapsales
                                                     PETER J. KAPSALES, ESQ.




                                        Milne Law Group, P.A.
                          301 E. Pine Street • Suite 525 • Orlando, FL 32801
                    (321) 558-7700 • (407) 641-2111-Fax • www.milnelawgroup.com
                                                7