On May 11, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Cross Pointe Homeowners Association Of Pinellas Inc A Florida Not For Profit Corporation,
and
East Lake Woodlands Community Association Inc A Florida Not For Profit Corporation,
for DECLARATORY - CIRCUIT
in the District Court of Pinellas County.
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Filing # 44832023 E-Filed 08/04/2016 01:51:04 PM
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
SECTION: 19
CASE NO. 2016-003110-CI
CROSS POINTE HOMEOWNERS
ASSOCIATION OF PINELLAS, INC.,
A Florida Not for Profit Corporation,
Plaintiff,
vs.
EAST LAKE WOODLANDS
COMMUNITY ASSOCIATION, INC.,
A Florida Not for Profit Corporation,
Defendant.
DEFENDANT’S MOTION FOR LEAVE TO AMEND ANSWER AND
AFFIRMATIVE DEFENSE
Defendant, EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC.
(“East Lake”), by and through undersigned counsel, hereby file this Motion
for Leave to Amend their Answer and Affirmative Defenses to Plaintiff’s
Complaint pursuant to Rule 1.190(a), Florida Rules of Civil Procedure, and in
support of this motion state as follows:
1. On or about May 11, 2016, Plaintiff filed its Complaint for
Declaratory Relief.
***ELECTRONICALLY FILED 08/04/2016 01:51:04 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***CASE NO. 2016-CC-001651-CO
Page 2 of 3
2. On or about June 21, 2016, Defendant served its Answer and
Affirmative Defenses to Plaintiff's Complaint for Declaratory Relief.
3. There has not yet been any discovery exchanged in this litigation
as it is still in the early stages and, therefore, discovery remains ongoing.
4. Since filing their Answer and Affirmative Defenses, the
Defendant has been investigating the claims set forth within Plaintiff’s
Complaint for Declaratory Relief. Based on Defendant's investigation in this
case, the undersigned has become aware of facts and law which require an
amendment to Defendant’s Affirmative Defenses in order to further the
defense of all claims asserted in this matter.
5. Since discovery is in the very early stages and remains ongoing
in this case, there would be no prejudice to any party in granting this
motion.
6. Accordingly, Defendant respectfully seeks leave of Court to
amend their Answer and Affirmative Defenses to add Affirmative Defenses 9
and 10 as permitted under Rule 1.190(a). A true and correct copy of
Defendant’s proposed Amended Answer and Affirmative Defenses are
attached hereto and incorporated herein as Exhibit “A.”CASE NO. 2016-CC-001651-CO
Page 3 of 3
WHEREFORE, Defendant EAST LAKE WOODLANDS COMMUNITY
ASSOCIATION, INC., respectfully requests that this Court enter an Order
granting this Motion for Leave to Amend their Answer and Affirmative
Defenses to the Complaint for Declaratory Relief and granting such other
and further relief as this Court deems just and appropriate under the
circumstances.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 4" day of August, 2016 a true copy of
the foregoing has been electronically filed with the Clerk of Court using the
Florida E-Filing Portal which will electronically serve a copy of the foregoing
via Email to: Attorney for Plaintiff: Karen £. Maller, Esq.,
kmaller@powellcarney.law.com; pkantner@powellcarneylaw.com and
slake@powellcarneylaw.com.
Respectfully submitted,
BOYD RICHARDS PARKER & COLONNELLI, P.L.
Counsel for Defendant: East Lake Woodlands Community
Association, Inc.
400 N. Ashley Drive, Suite 1150
Tampa, FL 33602
Tel: 813-223-6021; Fax: 813-223-6024
By: _/s/ Joseph G. Riopelle
Joseph G. Riopelle - FL Bar No. 44842
jriopelle@boydlawgroup.com
Yvette R. Lavelle- FL Bar No. 48107
ylavelle@boydlawgroup.com
Isledge@boydlawgroup.com
servicemia@boydlawgroup.com
Document Filed Date
August 04, 2016
Case Filing Date
May 11, 2016
Category
DECLARATORY - CIRCUIT
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Filing # 44832023 E-Filed 08/04/2016 01:51:04 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SECTION: 19 CASE NO. 2016-003110-CI CROSS POINTE HOMEOWNERS ASSOCIATION OF PINELLAS, INC., A Florida Not for Profit Corporation, Plaintiff, vs. EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC., A Florida Not for Profit Corporation, Defendant. DEFENDANT’S MOTION FOR LEAVE TO AMEND ANSWER AND AFFIRMATIVE DEFENSE Defendant, EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC. (“East Lake”), by and through undersigned counsel, hereby file this Motion for Leave to Amend their Answer and Affirmative Defenses to Plaintiff’s Complaint pursuant to Rule 1.190(a), Florida Rules of Civil Procedure, and in support of this motion state as follows: 1. On or about May 11, 2016, Plaintiff filed its Complaint for Declaratory Relief. ***ELECTRONICALLY FILED 08/04/2016 01:51:04 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***CASE NO. 2016-CC-001651-CO Page 2 of 3 2. On or about June 21, 2016, Defendant served its Answer and Affirmative Defenses to Plaintiff's Complaint for Declaratory Relief. 3. There has not yet been any discovery exchanged in this litigation as it is still in the early stages and, therefore, discovery remains ongoing. 4. Since filing their Answer and Affirmative Defenses, the Defendant has been investigating the claims set forth within Plaintiff’s Complaint for Declaratory Relief. Based on Defendant's investigation in this case, the undersigned has become aware of facts and law which require an amendment to Defendant’s Affirmative Defenses in order to further the defense of all claims asserted in this matter. 5. Since discovery is in the very early stages and remains ongoing in this case, there would be no prejudice to any party in granting this motion. 6. Accordingly, Defendant respectfully seeks leave of Court to amend their Answer and Affirmative Defenses to add Affirmative Defenses 9 and 10 as permitted under Rule 1.190(a). A true and correct copy of Defendant’s proposed Amended Answer and Affirmative Defenses are attached hereto and incorporated herein as Exhibit “A.”CASE NO. 2016-CC-001651-CO Page 3 of 3 WHEREFORE, Defendant EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC., respectfully requests that this Court enter an Order granting this Motion for Leave to Amend their Answer and Affirmative Defenses to the Complaint for Declaratory Relief and granting such other and further relief as this Court deems just and appropriate under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 4" day of August, 2016 a true copy of the foregoing has been electronically filed with the Clerk of Court using the Florida E-Filing Portal which will electronically serve a copy of the foregoing via Email to: Attorney for Plaintiff: Karen £. Maller, Esq., kmaller@powellcarney.law.com; pkantner@powellcarneylaw.com and slake@powellcarneylaw.com. Respectfully submitted, BOYD RICHARDS PARKER & COLONNELLI, P.L. Counsel for Defendant: East Lake Woodlands Community Association, Inc. 400 N. Ashley Drive, Suite 1150 Tampa, FL 33602 Tel: 813-223-6021; Fax: 813-223-6024 By: _/s/ Joseph G. Riopelle Joseph G. Riopelle - FL Bar No. 44842 jriopelle@boydlawgroup.com Yvette R. Lavelle- FL Bar No. 48107 ylavelle@boydlawgroup.com Isledge@boydlawgroup.com servicemia@boydlawgroup.com