On January 28, 2008 a
Motion-Secondary
was filed
involving a dispute between
Bette Verp,
Martin Verp,
and
Porta Bella Yacht & Tennis Club Condominium Association Inc,
for OTHER NEGLIGENCE
in the District Court of Palm Beach County.
Preview
61325-7,
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION
husband,
Plaintiffs,
vs.
PORTA BELLA YACHT & TENNIS
CLUB CONDOMINIUM
ASSOCIATION, a Florida corporation,
Defendant.
/
RESPONSE TO PLAINTIFFS’ SUPPLEMENTAL REQUEST TO PRODUCE
DATED APRIL 1, 2009
Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM
ASSOCIATION, INC., by and through the undersigned attorneys, and pursuant to
Florida Rule of Civil Procedure 1.350, responds to Plaintiffs’, BETTE VERP and
MARTIN VERP, Supplemental Request to Produce dated April 1, 2009, as follows:
RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION
1.
Objection. Work Product Privilege. Pursuant to Florida Rules of Civil
Procedure 1.280(b)(5), Defendant lists the following privilege log:
Twenty-Three (23) Photographs of the sandals/flip flops worn by Plaintiff
Bette Verp on the date of the subject accident taken by Defendant’s
investigator, Eric T. Hainline, on March 24, 2009, at the office of
Plaintiff's counsel.
Objection. Irrelevant, vague as to “reports,” overbroad, harassing,
immaterial, unduly burdensome and not likely to lead to the discovery of
admissible evidence. Without waiving said objection, health department
reports concerning the east pool are public knowledge and requested
discovery can be obtained by the Plaintiff.
Objection. Irrelevant, vague as to “reports,” immaterial, overbroad and
not likely to lead to the discovery of admissible evidence. Further,
CASE NO. 50 2008 CA 002451XXXX MB
A
yCASE NO. 50 2008 CA 002451XXXX MB
Defendant objects to this request as it relates to subsequent remedial
measures which are inadmissible. Without waiving said objection, health
department reports concerning the east pool are public knowledge and
requested discovery can be obtained by the Plaintiff.
4. None.
WE HEREBY CERTIFY that a true copy of the foregoing was mailed this
Jott day of April, 2009, to all parties on the attached service list.
WICKER, SMITH, O'HARA, MCCOY &
FORD, P.A.
Attorney for Porta Bella Yacht & Tennis Club
Condominium Association, Inc.
515 E. Las Olas Boulevard
SunTrust Center, Suite 1400
P.O. Box 14460
Ft. Lauderdale, FL 33302
Phone: (954) 847-4800
Fax: (954) 760-9353
Florida‘Bar No. 26532
Service List
Geri Sue Straus, Esq.
Jacobs & Straus, P.A.
1098 Northwest Boca Raton Boulevard
Boca Raton, FL 33432
Document Filed Date
May 01, 2009
Case Filing Date
January 28, 2008
Category
OTHER NEGLIGENCE
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
61325-7, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BETTE VERP and MARTIN VERP, her GENERAL JURISDICTION DIVISION husband, Plaintiffs, vs. PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, a Florida corporation, Defendant. / RESPONSE TO PLAINTIFFS’ SUPPLEMENTAL REQUEST TO PRODUCE DATED APRIL 1, 2009 Defendant, PORTA BELLA YACHT & TENNIS CLUB CONDOMINIUM ASSOCIATION, INC., by and through the undersigned attorneys, and pursuant to Florida Rule of Civil Procedure 1.350, responds to Plaintiffs’, BETTE VERP and MARTIN VERP, Supplemental Request to Produce dated April 1, 2009, as follows: RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION 1. Objection. Work Product Privilege. Pursuant to Florida Rules of Civil Procedure 1.280(b)(5), Defendant lists the following privilege log: Twenty-Three (23) Photographs of the sandals/flip flops worn by Plaintiff Bette Verp on the date of the subject accident taken by Defendant’s investigator, Eric T. Hainline, on March 24, 2009, at the office of Plaintiff's counsel. Objection. Irrelevant, vague as to “reports,” overbroad, harassing, immaterial, unduly burdensome and not likely to lead to the discovery of admissible evidence. Without waiving said objection, health department reports concerning the east pool are public knowledge and requested discovery can be obtained by the Plaintiff. Objection. Irrelevant, vague as to “reports,” immaterial, overbroad and not likely to lead to the discovery of admissible evidence. Further, CASE NO. 50 2008 CA 002451XXXX MB A yCASE NO. 50 2008 CA 002451XXXX MB Defendant objects to this request as it relates to subsequent remedial measures which are inadmissible. Without waiving said objection, health department reports concerning the east pool are public knowledge and requested discovery can be obtained by the Plaintiff. 4. None. WE HEREBY CERTIFY that a true copy of the foregoing was mailed this Jott day of April, 2009, to all parties on the attached service list. WICKER, SMITH, O'HARA, MCCOY & FORD, P.A. Attorney for Porta Bella Yacht & Tennis Club Condominium Association, Inc. 515 E. Las Olas Boulevard SunTrust Center, Suite 1400 P.O. Box 14460 Ft. Lauderdale, FL 33302 Phone: (954) 847-4800 Fax: (954) 760-9353 Florida‘Bar No. 26532 Service List Geri Sue Straus, Esq. Jacobs & Straus, P.A. 1098 Northwest Boca Raton Boulevard Boca Raton, FL 33432