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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 131596906 E-Filed 07/28/2021 03:23:33 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
        FIRST REQUEST FOR PRODUCTION TO THIRD-PARTY PLAINTIFF,
                WEATHERMASTER BUILDING PRODUCTS, INC.

         Third-Party Defendant, WELL HUNG WINDOWS                 & DOORS, LLC (“WHWD?”), by and

through its undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, hereby requests Third-Party

Plaintiff,    WEATHERMASTER         BUILDING            PRODUCTS,      INC.   (“WBP”),   to produce    for

inspection and copying at the Offices of Wright, Fulford, Moorhead & Brown, located at 505

Maitland Ave Ste 1000, Altamonte Springs, FL, 32701, no later than thirty (30) days from the date

of this Request, the following items:

                                            DEFINITIONS
      1    “WBP” “you,” “yours” and “yourselves”    means      WEATHERMASTER
BUILDING PRODUCTS, INC., and any employee, agent or attorney of WBP, and any other
person acting for, or on behalf of, WBP, or under WBP’S authority or control.

         2        “VELHA”    or    “Plaintiff” means  VILLAS       AT EMERALD LAKE
HOMEOWNERS ASSOCIATION, INC and any employee, agent and any other person acting
for, or on behalf of, VELHA, or under VELHA’S authority or control.

        3       “ROH” means ROYAL OAK HOMES, LLC and any employee, agent and any
other person acting for, or on behalf of, ROH., or ROH’S authority or control.

         4    The singular shall include the plural and vice versa; the terms “and” or “or” shall
be both conjunctive and disjunctive; and the term “including” means “including without
limitation.”

         5       “Date” shall mean the exact date, month, and year, if ascertainable, if not, the best
approximation (based upon relationship with other events).

         6.      “Document”     means     any   writing,   recording   or photograph     in your   actual
or constructive possession, custody, care or control, which refers directly or indirectly in whole or
in part, either to any of the subjects listed below or to any other matter relevant to the issues in
this action, or which are themselves listed below as specific documents, including, but not limited
to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers,
invoices, computer printouts, microfilms, videotapes and tape recordings.
7         “Agent” means any agent, employee, officer, director, attorney, independent
contractor or any other person acting at the direction of or on behalf of another.

         8        “Person” shall mean any individual, corporation, proprietorship, partnership,
trust, association or any other entity.

       9.        The terms “refers to”        “referring to” means       contains, describes, mentions    or
touches upon.

        10.   The term “action” shall mean the underlying case.

        11. The word “identify,” when used in reference to a document, means and includes
the name and address of the custodian of the documents, the location of the documents, and a
general description of the documents, including:

       a)       the   type   of   document    (i.e.,   correspondence,        memorandum, facsimile, etc.);

       b)       the general subject matter of the document;

       c)       the date of the document;

       d)       the author of the document;

       e)       the addressee of the document; and

       f)       the relationship of the author and addressee to each other.

      12. The  “Project”, “Community’ o> > 66 ‘Subject Property”, or “Townhomes” means                   the
Community or Townhomes as described in VELHA’S operative Complaint in this action.



                      FIRST REQUEST FOR PRODUCTION                       TO       WBP

        1       All contracts proposals, subcontracts, agreements, assignments, change orders,

approved or not, field orders, work orders, requests for quotations, and other documents which

relate in any manner to materials furnished, or services performed by WHWD.
2        All correspondence, internal memoranda,     emails, and other documents reflecting,

evidencing or referring to communications between you and WHWD,                 as well as communications

between you and any other person, firm or entity, relating in any way to work performed by

WHWD           on the Subject Property.

          3         All architectural plans, structural plans, surveys, site, plat, and shop drawings,

working        drawings    and other documents evidencing and/or depicting the work performed by

WHWD on the Subject Property.

          4          All warranties, manufacturer’s warranties, owner’s manuals, and warranty related

correspondence for any of the materials furnished, or serviced performed, by WHWD                     on the

Subject Property.

          5          All documentation of any amounts you intend to claim as damages due to alleged

construction defects for which you contend WHWD is           liable in whole or in part.

          6          All records of any maintenance, warranty work, and repairs made to the Subject

Property.

          7               All documentation of any complaints about the scope of work (i.e., alleged

installation of windows and sliding glass doors) performed by WHWD, at the Subject Property.

          8         All quotations, requests for quotations, invitations to bid or other documentation

containing actual or estimated prices, costs of repair work for WHWD’S                scope of work (ie.,

alleged installation of windows and sliding glass doors) at the Subject Property.

          9.        All photographs, videos, or drawings of the scope of work     (i.e., alleged installation

of windows and sliding glass doors)           performed by WHWD      on the Subject Property, including

any areas that you contend to have been defectively constructed or in need of repair or remediation.
10.         All documents showing any inspection of the Subject Property, including, without

limitation,    all     non-privileged   inspection   reports,   analyses,   reports,   memoranda,     and   other

documents concerning inspection-related visits, regarding or involving WHWD’S alleged scope

of work (i.e., alleged installation of windows and sliding glass doors)                at the Subject Property.

         11.           All quotations, bids, and invoices for any repairs or remediation for defects in

WHWD’S         alleged scope of work (i.e., alleged installation of windows and slidin:             lass doors

on the Subject Property.

         12.     All documents pertaining to warranties, guaranties, or other any other forms ensuring

the workmanship and material installed at the subject project, as these relate to the work performed

by WHWD        on the Subject Project.

         13.           A list containing the names and addresses of any persons who performed any

inspection reports, analyses, surveys, and like of the Subject Project, as these relate to the work

performed by WHWD             on the Subject Property

         14.         All written statements, guidelines and criteria for the acceptability and inspection of

the work any party to this litigation performed on the Subject Project.

         15.         All insurance policies that may provide any coverage for any of the claims alleged

in this cause of action, including applicable declaration pages.

         16.         Please provide a listing of every individual tenant/occupant/owner of any townhome

who, to your knowledge, has made a complaint regarding any issues with respect to the work

performed by WHWD on the Subject Property, including the specifics of the complaint, the date

of complaint, full name of the tenant/occupant/owner, and building and unit number involved.
17.         All contracts and agreements relating to the property management services

performed from the date of issuance of the certificates of occupancy to the present for the Subject

Property.

        18.    All documents that evidence or relate to any violations of building codes pertaining

to WHWD’ s alleged scope of work (i.e., alleged installation of windows and sliding glass doors)

at the Subject Property.

        19.     All correspondence between You and ROH or VELHA regarding the scope of work

performed by WHWD          ((i.e., alleged installation of windows and sliding glass doors)   at the

Subject Property.

        20.     All documentation on which you intend to rely to support your contention that

WHWD was negligent or that WHWD’s scope of work (i.e., alleged installation of windows and

 liding glass doors) on the Project was defective.




                                  CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that on the 28" 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
iwilliams@wfmblaw.com
Counsel for Well Hung Windows & Doors, LLC
2611-001