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

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                                Filing # 148043364 E-Filed 04/20/2022 01:35:41 PM


                      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-ON

         ROYAL OAK HOMES, LLC, a Florida limited
         liability company, f/k/a AVH ACQUISITION LLC;      ROYAL OAK HOMES, LLC’S
         ADVANCED WRAPPING AND CONCRETE                    NOTICE OF FILING OBJECTION
         SOLUTIONS OF CENTRAL FLORIDA, INC., a             TO CROSSCLAIM DEFENDANT
         Florida corporation; DON KING’S CONCRETE,             BROWN + COMPANY
         INC., a Florida corporation; HUGH MACDONALD       ARCHITECTURE, INC.’S THIRD
         CONSTRUCTION, INC., a Florida corporation;         SET OF INTERROGATORIES
         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 corporation;

                Defendants.
                                                       /

         ROYAL OAK HOMES, LLC, f/k/a AVH
         ACQUISITION,

                Crossclaim Plaintiff,

         v.




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        127769422.1
 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; WOLF’S IRRIGATION &
 LANDSCAPING, INC., a Florida corporation;
 BROWN + COMPANY ARCHITECTURE, INC., a
 Florida corporation; EXPERT PAINTING &
 PRESSURE WASHING, INC., a Florida
 corporation;

              Crossclaim Defendants.
                                          /

 WEATHERMASTER BUILDING PRODUCTS,
 INC., a Florida Corporation; DON KING’S
 CONCRETE INC., a Florida Corporation,

        Third-Party Plaintiff,

 v.

 ALL GLASS INSTALLATION COPRP., a Florida
 corporation; CASEY HAWKINS GLASS, INC., a
 Florida corporation; DEAN NESBIT, LLC, a Florida
 limited      liability   company;   HELBERG
 ENGERPRISES, 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; E.R.O.
 CONSTRUCTION, INC., a Florida Corporation;
 LIOS CONCRETE CORP., a Florida Corporation;
 and ATLANTIC CONCRETE SYSTEMS, INC., a
 Florida Corporation,


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           Third-Party Defendants.
                                                     /

    ROYAL OAK HOMES, LLC’S NOTICE OF FILING OBJECTION TO CROSSCLAIM
     DEFENDANT BROWN + COMPANY ARCHITECTURE, INC.’S THIRD SET OF
                           INTERROGATORIES

          Defendant/Crossclaim Plaintiff, Royal Oak Homes, LLC (“Royal Oak”), by and through

its undersigned counsel, files its Objection to Crossclaim Defendant, Brown + Company

Architecture, Inc.’s (“Brown”), Third Set of Interrogatories to Royal Oak (the “Interrogatories”)

on the basis that the Interrogatories violate Florida Rule of Civil Procedure 1.340(a), and in support

thereof, states as follows:

          1.     On or about October 18, 2022, Brown filed its Notice of Serving First Set of

Interrogatories to Royal Oak and served the Interrogatories on Royal Oak.

          2.     Brown’s First Set of Interrogatories did not comply with Florida Rule of Civil

Procedure 1.340(a), which provides that interrogatories served on any party “must not exceed 30,

including all subparts, unless the court permits a larger number on motion and notice and for good

cause.”

          3.     After conferring with counsel for Royal Oak, Brown served its Amended First Set

of Interrogatories on December 1, 2021, reducing the number of interrogatories to which Royal

Oak was required to respond to approximately twenty-one (21) interrogatories, including all

subparts, when conservatively counted.

          4.     On     February 15, 2022, Brown filed its Notice of Serving Second Set of

Interrogatories to Royal Oak and served the Interrogatories on Royal Oak.1



1
 Brown identifies its Interrogatories filed and served on February 15, 2022 as its “First Set of Interrogatories.”
However, Brown had previously served interrogatories on Royal Oak. Accordingly, Royal Oak interprets this
designation as merely the result of a scriveners’ error.

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       5.      When conservatively counted, Brown’s Second Set of Interrogatories including all

subparts, amounts to approximately twenty (20) interrogatories.

       6.      Although Brown exceeded the maximum number of interrogatories permitted

under Florida Rule of Civil Procedure 1.340(a) by more than ten (10) interrogatories, Royal Oak

nevertheless responded to the interrogatories.

       7.      On or about March 22, 2022, Brown filed its Notice of Serving Third Set of

Interrogatories to Royal Oak and served the Interrogatories on Royal Oak.

       8.      When conservatively counted, Brown’s Third Set of Interrogatories including all

subparts, amounts to approximately two (2) interrogatories.

       9.      Combined, Brown has filed and served Royal Oak with approximately forty-three

interrogatories, well exceeding the maximum number of interrogatories permitted under Florida

Rule of Civil Procedure 1.340(a). Brown has not moved this Court to permit a larger number of

interrogatories or demonstrated good cause for so permitting.

       10.     Further, Royal Oak has already responded to the Court’s Standard Interrogatories

and Insurance Questionnaire.

       11.     Brown has been provided ample opportunity to obtain the information it deems

necessary to develop its case against Royal Oak. To the extent Brown believes it needs additional

interrogatories, it should move this Court to permit a larger number of interrogatories. For these

reasons, Royal Oaks objects to Brown’s Third Set of Interrogatories in its entirety.

                                             Respectfully submitted,

                                             /s/ James Michael Walls
                                             James Michael Walls
                                             Florida Bar No. 706272
                                             Lannie D. Hough Jr.
                                             Florida Bar No. 149470
                                             Robin H. Leavengood


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                                               Florida Bar No. 0547751
                                               Brian C. Porter
                                               Florida Bar No. 0120282
                                               CARLTON FIELDS, P.A.
                                               4221 W. Boy Scout Boulevard
                                               Tampa, FL 33607-5780
                                               Telephone: (813) 223-7000
                                               Facsimile: (813) 229-4133
                                               mwalls@carltonfields.com
                                               lhough@carltonfields.com
                                               rleavengood@carltonfields.com
                                               bporter@carltonfields.com
                                               nbonilla@carltonfields.com
                                               ejohnson@carltonfields.com
                                               bwoolard@carltonfields.com




                                 CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on this 20th day of April, 2022, the foregoing was electronically

filed with the Clerk of the Court by using the Florida e-filing Portal, with electronic filing notices

to all counsel of record.

                                                       /s/ James Michael Walls
                                                              Attorney




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