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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 # 130366412 E-Filed 07/09/2021 02:49:04 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,
                                                                             Case No. 2020-CA-002942
         Vv.

         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.

                                                                         /

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

                    Crossclaim Plaintiff,
v


ADVANCED             WRAPPING             AND
CONCRETE SOLUTIONS OF CENTRAL
FLORIDA, INC., a Florida corporation; DON
KING’S       CONCRETE,      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,

Vv.

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

      THIRD-PARTY DEFENDANT, WELL HUNG WINDOWS & DOORS, LLC’S
          RESPONSES AND OBJECTIONS TO THIRD-PARTY PLAINTIFF,
               WEATHERMASTER BUILDING PRODUCTS, INC.’S
                    FIRST REQUEST FOR PRODUCTION

       Third-Party Defendant, Well Hung Windows & Doors, LLC, (“WHWD7”) by and through

its undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, hereby files its Responses and

Objections to Third-Party      Plaintiff, WEATHERMASTER           BUILDING      PRODUCTS,      INC.’S

(“WBPI’) First Request for Production, as follows:

                                     GENERAL       OBJECTIONS

       WHWD        objects to the “Instructions and Definitions” section preceding WBPI’S First

Request for Production to WHWD         to the extent those instructions and/or definitions differ from

the default definitions and/or procedures prescribed by the Florida Rules of Civil Procedure or

impose different or additional obligations on WHWD           in responding to the First Request for

Production.

                                 RESPONSES AND OBJECTIONS

              Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents     in its

              possession, custody, or control responsive to this Request.

              Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents     in its

              possession, custody, or control responsive to this Request.

              Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents     in its

              possession, custody, or control responsive to this Request.

              Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents     in its

              possession, custody, or control responsive to this Request.
Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

     Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

     Objections: Lawyer-Client Privilege (§ 90.502, Fla. Stat.); Work Product Doctrine (Fla.

     R. Civ. P. 1.280(b)(4)); Overly Broad and Unduly Burdensome            Fla. R. Civ. P.

     1.280(d)(2); Not Reasonably     Calculated to Lead to the Discovery     of Admissible

     Evidence (Fla. R. Civ. P. 1.280(b)(1)).

     Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

     Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

10. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

11   Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

12 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

13 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.

14. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD        has no documents    in its

     possession, custody, or control responsive to this Request.
15 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

16. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

17 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

18 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

19. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

20. Objections: Lawyer-Client Privilege (§ 90.502, Fla. Stat.); Work Product Doctrine (Fla.

     R. Civ. P. 1.280(b)(4)); Further this request is premature, WHWD        will produce its

     testifying expert reports and materials pursuant to the Court’s orders in this action, by

     agreement of the parties, or as required by the applicable rules.

21   Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

22 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.

23 See Insurance Policies attached, bates labeled as WELLHUNG000001-000325.                All

     confidential information redacted as required by SC20-1765.

24. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents     in its

     possession, custody, or control responsive to this Request.
25 Objections: Lawyer-Client Privilege (§ 90.502, Fla. Stat.); Work Product Doctrine (Fla.

     R. Civ.     P.    1.280(b)(4));   Overly   Broad   and Unduly   Burdensome   Fla. R. Civ.   P.

     1.280(d)(2); Not        Reasonably    Calculated to Lead to the Discovery     of Admissible

     Evidence (Fla. R. Civ. P. 1.280(b)(1)).

26. Response:         Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

27 Response:          Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

28 Response:          Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

29. Response:         Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

30. Response:         Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

31   Response:        Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

32 Response:          Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

33 Response:          Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.

34. Response:         Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents   in its

     possession, custody, or control responsive to this Request.
35 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents         in its

            possession, custody, or control responsive to this Request.

       36. Objections: Lawyer-Client Privilege (§ 90.502, Fla. Stat.); Work Product Doctrine (Fla.

            R. Civ. P. 1.280(b)(4)); Further this request is premature, WHWD            will produce its

            testifying expert reports and materials pursuant to the Court’s orders in this action, by

            agreement of the parties, or as required by the applicable rules.

       37 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents         in its

            possession, custody, or control responsive to this Request.

       38 Response:     Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents         in its

            possession, custody, or control responsive to this Request.

       39. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents         in its

            possession, custody, or control responsive to this Request.

       40. Response:    Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents         in its

            possession, custody, or control responsive to this Request.

       41   Response:   Pursuant to Fla. R. Civ. P. 1.350(a), WHWD         has no documents         in its

            possession, custody, or control responsive to this Request.

       42 Responses: Pursuant to Fla. R. Civ. P. 1.280(b)(6), WHWD              will file a privilege log

            concurrently with the filing of these responses and objections.


                                 CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on the 9" day of July, 2021, I electronically filed the foregoing

with the Clerk of the Court by using the Florida Court’s e-Filing Portal, which will deliver

electronic copies of said filing pursuant to Fla. R. Jud. Admin. 2516 to the designated email

addresses for all counsel of record.
WRIGHT, FULFORD, MOORHEAD           & BROWN, P.A.

/s/ Richard L. Russo
COLE J. COPERTINO, ESQUIRE
Florida Bar Number: 76456
RICHARD L. RUSSO, ESQUIRE
Florida Bar Number: 1018162
505 Maitland Avenue, Suite 1000
Altamonte Springs, Florida 32701
Telephone:   (407) 425-0234
Facsimile:   (407) 425-0260
 copertino@wfmblaw.com
rrusso@wfmblaw.com
cbraungart@wfmblaw.com
lwilliams@wfmblaw.com
Counsel for Well Hung Windows & Doors, LLC
2611-001