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

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                                Filing # 127419949 E-Filed 05/24/2021 04:26:09 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,

          Vv.                                                                CASE NO.: 2020-CA-002942-ON

          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 corporation;

                       Defendants.


          WEATHERMASTER                  BUILDING PRODUCTS,
          INC., a Florida Corporation;

                       Third-Party Plaintiff,

          Vv.

          ALL GLASS INSTALLATION                     COPRP., a Florida
          corporation; CASEY HAWKINS GLASS, INC., a
          Florida corporation; DEAN NESBIT, LLC, a Florida

         126086761.1
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;

              Third-Party Defendants.
                                                         /

   ROYAL OAK HOMES, LLC’S NOTICE OF SERVING RESPONSES TO COURT’S
      STANDARD INTERROGATORIES AND INSURANCE QUESTIONNAIRE

           Defendant/Crossclaim Plaintiff, Royal Oak Homes, LLC, by and through undersigned

counsel, hereby gives notice of service of its response to the Case Management Order entered

April 9, 2021, their unverified answers to Insurance Questionnaire                  (Ex. A) and response to

Court’s Standard Interrogatories (Ex. B).


Dated: May 24, 2021


                                                        /s/ Brian C. Porter
                                                        Brian C. Porter
                                                        Florida Bar No, 120282
                                                        Lannie D. Hough Jr.
                                                        Florida Bar No. 149470
                                                        Robin H. Leavengood
                                                        Florida Bar No. 0547751
                                                        CARLTON FIELDS, P.A.
                                                        4221 W. Boy Scout Boulevard
                                                        Tampa, FL 33607-5780
                                                        Telephone: (813) 223-7000
                                                        Facsimile: (813) 229-4133
                                                        lhough@carltonfields.com
                                                        nbonilla@carltonfields.com
                                                        rleavengood@carltonfields.com
                                                        ejohnson@earitontields.com
                                                        mwalls@carltonfields.com
                                                        bporter@carltonfields.com
                                                        Attorneys for Defendant, Royal Oak Homes, LLC




126086761.1
CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on May 24, 2021, the foregoing was electronically filed with

the Clerk of the Court by using the E-filing Portal, which will electronically serve this document

to all registered counsel of record.


                                             /s/ Brian C. Porter




126086761.1
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; 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 corporation;

        Defendants.




                                                                                     EXHIBIT

                                                                                      A
126028261.1
WEATHERMASTER BUILDING PRODUCTS,

    INC., a Florida Corporation;

           Third-Party Plaintiff,

    Vv.


    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;

           Third-Party Defendants.




               ROYAL OAK’S RESPONSE TO INSURANCE QUESTIONNAIRE

Case Name and No: Villas at Emerald Lake Homeowners Association,            Inc. vs. Royal Oak
Homes, LLC, et al. - Case No. 2020-CA-2942-ON

1         State the full legal name of the party responding to this Questionnaire.

Response:        ROYAL OAK HOMES, LLC (“Royal Oak”)

2       State the name of the attorney and law firm representing the party responding to this
Questionnaire, as applicable:

Response:        James Michael Walls, Carlton Fields, P.A.

3      State the name of each insurance carrier that may have insurance coverage obligations for
damages claimed in this lawsuit and provide the following information:

Response:     Royal Oak has conducted a diligent search of its documents and has thus far
been unable to locate insurance policy information. Royal Oak will continue to search for
this information      and    will supplement    its production    of documents       and   provide   this
information if it is able locate same.




126028261.1
4       For each insurance policy identified in your Response to Question 3, provide the following
information:

Response: Royal Oak has conducted a diligent search of its documents and has thus far been
unable to locate insurance policy information. Royal Oak will continue to search for this
information and will supplement its production of documents and provide this information
if it is able locate same.




126028261.1
VERFICATION         PAGE


                                               Royal Oak Homes, LLC

                                               BY:          _    ae




STATE OF FLORIDA
COUNTY OF eens

        1DO HEREBY CERTIFY that before me a Notary Public duly authorized in the State
 and County named above to administer oaths, personally appeared hsnonnearnttenen       on
 behalf of Royal Oak Homes, LLC, who executed the foregoing Answers to Interrogatories and
 who being sworn, says that said answers are true and correct.

        WITNESS    my hand and official seal in the County and State aforesaid this. smi day
        of
                  2021



                                                     peer       tecnteneenstta atin
                                   Notary Public
                                    My Commission Expires:

                                                 Personally Known Affiant:

                                                 Affiant Produced Identification:




126028261.1
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,



Vv                                                          CASE NO.: 2020-CA-002942-ON

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 corporation;

       Defendants.




                                                                              EXHIBIT

      126028149.1
                                                                                B
WEATHERMASTER BUILDING PRODUCTS,

    INC., a Florida Corporation;

            Third-Party Plaintiff,

    Vv.


    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;

            Third-Party Defendants.

    nin teenntnreetnntrinmntcnestininenrnttnametritinnn


               ROYAL OAK’S RESPONSE TO STANDARD INTERROGATORIES


Case Name and No: Villas at Emerald Lake Homeowners Association,                          Inc. vs. Royal Oak
Homes, LLC, et Bl.
               al. — ABE
                     Case No.
                          INO. 2020-CA-2942-ON
                               GV AU rere

Full Name of Responding Party: ROYAL OAK HOMES, LLC (hereinafter “You”).

1          State the name and address of all individuals assisting You in responding to these Standard

Interrogatories.



           Royal    Oak    Homes,    LLC     (“Royal       Oak”)       states   that   these   responses   constitute
           corporate responses of Royal Oak, contain information gathered from a variety of
           sources, and were prepared with the assistance of counsel. The person executing these
           responses on behalf of Royal Oak is Vice President of Construction, Mike Mansfield
           c/o Carlton Fields, P.A.




           State the description of the work You performed at or for the Subject Property.
                                                            2
           126028149.1
Response:
        Royal Oak served as the general contractor for the Villas at Emerald Lakes
        Community (“Subject Property”). Royal Oak did not perform any of the work at the
        Subject Property.


3       State the location of the work You performed (the buildings, phases or other areas where

You performed your work).

        Response:

        Royal Oak served as the general contractor for the Subject Property. Royal Oak did
        not perform any of the work at the Subject Property.


        State the dates in between which You performed your work at or for the Subject Property.

        Response:

        Royal Oak served as the general contractor for the Subject Property.     Royal Oak did
        not perform any of the work at the Subject Property.


5       Identify the person or entity with whom You contracted with to perform your work at or

for the Subject Property.

        Response:


       Royal Oak acted as the general contractor for the Subject Property, and the following
       persons and entities are believed to have been retained, hired, or engaged to perform
       work or services in connection with the design, planning, construction, or inspection
       of the Subject Property:


       ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL
       FLORIDA, INC. — House Wrap and Weather Resistant Barrier Contractor

       DON KING’S CONCRETE, INC. — Concrete and Slab Contractor

       HUGH MACDONALD           CONSTRUCTION, INC. — Roofing Contractor

       EXPERT PAINTING & PRESSURE WASHING, INC, — Painting Contractor



        126028149.1
IMPERIAL BUILDING CORPORATION — Framing Contractor

        PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC.
        — Stucco Contractor

        WEATHERMASTER BUILDING PRODUCTS, INC. — Window Contractor

        WEINTRAUB INSPECTIONS & FORENSICS, INC. n/k/a WEINTRAUB
        ENGINEERING AND INSPECTIONS, INC. — Inspector

        WOLF’S IRRIGATION & LANDSCAPING, INC. — Landscaping and Irrigation
        Contractor

        BROWN + COMPANY ARCHITECTURE, INC. — Architect



        Royal Oak further states that other trades are identified in the purchase orders and
        other documents contained in the project file produced by Royal Oak in this action.



6       Describe the materials, if any, You supplied toward the construction of the Subject
Property.

        Respon:


        Upon information and belief, Royal Oak did not supply any of the materials for the
        construction of the Subject Property. Factual investigation is ongoing and Royal Oak
        reserves the right to amend this response.


7.      If You subcontracted with any person or entity to fulfill of your work obligations, provide

the following information.

        a.        The name and last known address of each person or entity You subcontracted with;

        b         The nature of the work each subcontractor performed on your behalf;

                  The materials supplied by each subcontractor on your behalf;

                  The location of the work each subcontractor performed on your behalf.




        126028149.1
Response:


       Please see the response to No. 5. Further information responsive to this request may
       be determined by examining the work and payment order summaries, subcontracts,
       and other documents that Royal Oak will produce and make available to all parties
       per the Case Management Order (“CMO”),



8      Identify, by name and address, any individuals who are most knowledgeable and qualified

to testify on behalf of You as to bidding, negotiations and signing of any contracts pertaining to

the work performed or materials supplied by You at or for the Subject Property.

       Response:


       Information responsive to this interrogatory may be obtained from review of the
       documents produced by Royal Oak per the CMO or will be provided in accordance
       with the CMO        via Royal   Oak’s   Designation   of Corporate   Representatives    for
       Deposition.


9      State the name and last known address of each person who served as job foreman,

superintendent and/or project manager with regard to the work performed or material supplied by

You at or for the Subject Property.

       Response:


       Please see the responses to Nos. 2-5 above. Upon information and belief, Royal Oak
       is unaware of any repairs at the Subject Property beyond standard warranty items,
       any records of which may be found in the documents produced in accordance with
       the CMO.

10.    Identify, by name and address, the individual who is most knowledgeable regarding the

work performed by You toward the construction and development of the Subject Property.

       Response:

       Royal Oak served as the general contractor for the Subject Property.        Royal Oak did
       not perform any of the work at the Subject Property.
                                                 5
       126028149.1
ll,    Identify, by name and address, the individual who is most knowledgeable regarding any

repairs performed by You at the Subject Property.

       Response:

       Please see the responses to Nos. 2-5, 10 above. Upon information and belief, Royal
       Oak is unaware of any repairs at the Subject Property beyond standard warranty
       items, any records of which may be found in the documents produced in accordance
       with the CMO.




       126028149.1