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Filing # 52540397 E-Filed 02/15/2017 02:36:18 PM
IN THE COUNTY COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, CIVIL DIVISION
DEBRA HINES CASE NO.: CACE-14-016655
Plaintiff,
v.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO SHORTEN TIME TO RESPOND TO DEFENDANT’S
REQUEST FOR ENTRY UPON LAND AND
MOTION TO COMPEL ENTRY UPON LAND
COMES NOW, Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, by and through undersigned counsel, and hereby files this Motion to
Shorten Time for Plaintiff to Respond to Defendant’s Request for Entry Upon Land, and Motion
to Compel Entry Upon Landin support thereof would state:
1. This matter concerns allegations of a sinkhole loss to the building located at 3816 S. Lake
Terrace, Miramar, Broward County, FL 33023. The building and its conditions is central to
the dispute.
2. Defendant has served a Request for Entry Upon Land requesting the Plaintiffs allow
Defendant to perform an inspection of the property which is the subject of this lawsuit, in
accordance with Rule 1.350(b), Fla. R. Civ. P. See Exhibit A.
3. Although Rule 1.350(b), Fla. R. Civ. P., holds that “The party to whom the request is
directed shall serve a written response within 30 days after service of the request” it
further holds that “the court may allow a shorter or longer time.”
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/15/2017 2:36:18 PM.****4. On June 14, 2016, the Plaintiffs advised in an e-mail communication that they object to
the above inspection, and therefore waiting 30 days for the written response of Plaintiff to
the Request irrelevant for the purposes of this motion. See Exhibit B.
5. While Defendant’s expert ATC inspected the building on one occasion, February 15,
2016, the Plaintiffs expert, Sunil Gulati, P.E. recently performed a second updated
inspection of the building on February 04, 2017.
6. Pursuant to Rule 1.350(b), Fla. R. Civ. P., Defendant may “move for an order under rule
1.380 concerning any objection, failure to respond to the request, or any part of it, or
failure to permit the inspection as requested.”
7. Defendant will be prejudiced in the defense of this matter if the requested discovery is
not permitted.
8. This discovery is not requested for purposes of delay or to harass the Plaintiff.
9. The Defendant, in good faith, has conferred or attempted to confer with the Plaintiff's
counsel in an effort to secure the requested inspection without court action.
WHEREFORE, Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, respectfully requests that this Court grant this Motion and enter and
Order of Entry Upon Land requiring the Plaintiff to permit the property inspection by
Defendant’s expert(s), and for any and all other relief the Court deems just and proper in the
circumstances.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and
Morgan Barfield at Service@corlessbarfield.com on this is day of February, 2017.
By:
HCP.14211
GROELLE & SALMON, P.A.
Attorneys for Defendant
Waterford Plaza
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
(813) 849-7200 (telephone)
(813) 849-7201 (fax)
gstcourtdocs@gspalaw.com
rschulte@gspalaw.com
Vehet 1 Lebasbem
ROBERT T. SCHULTE, ESQ.
FBN: 88819IEXOAOUBIT
A”IN THE COUNTY COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, CIVIL DIVISION
DEBRA HINES CASE NO.: CACE-14-016655
Plaintiff,
v.
HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S REQUEST FOR ENTRY UPON LAND
COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY
INSURANCE COMPANY, by and through its undersigned attorneys, pursuant to Fla. R. Civ. P.
1.350, and requests Plaintiff, DEBRA HINES, permit entry upon the land designated below for the
purpose of inspection and measuring, surveying, and/or photographing the property and any
structures thereon, in connection with the above-referenced cause, and within the scope of the Fla. R.
Civ. P. 1.280(b).
1. Property designated for inspection: 3816 S. Lake Terrace, Miramar, Broward County, FL
33023.
2. Inspection requested: Defendant requests the Plaintiff's permit entry upon the land, property,
and residence identified above for the purposes of inspection, measuring, and surveying the
property and any structures thereon.
3. Time, place and manner of inspection: Defendant requires access to the exterior of the
residence and any structures on the property identified above for the purposes of a visual,
noninvasive inspection, measurement and survey of the residence and any structures on the
property to be conducted by a representative of ATC Cardo. Defendant requests Plaintiffs
permit inspection of the subject property as described above at a mutually convenient date
and time for all parties and persons involved to be coordinated by counsel for the respective
parties.CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and
Morgan Barfield at Service@corlessbarfield.com on this 15" day of February, 2017.
By:
HCP.14211
GROELLE & SALMON, P.A.
Attorneys for Defendant
Waterford Plaza
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
(813) 849-7200 (telephone)
(813) 849-7201 (fax)
gstcourtdocs@gspalaw.com
rschulte@gspalaw.com
Meher T Lbeber
ROBERT T. SCHULTE, ESQ.
FBN: 88819IEXOBOOB IT
s<] NeFrom: Robert Schulte
Sent: Wednesday, February 15, 2017 1:36 PM
To: Robert Schulte
Subject: FW: Hines
Robert Schulte | Attorney at Law
GROELLE & SALMON, P.A.
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
T: 813.849.7200 | F: 813.849.7201
rschulte@gspalaw.com | www.gspalaw.com
Notice: Delivery of a court filing or discovery document to this email address will not be considered as served, and that any court filing or electronic
discovery needs to be directed to gstcourtdocs@qspalaw.com.
l attempt to respond to all e-mail communications within the business day. If you have on urgent communication and/or if you have not received a
response to your e-mail, please contact me by telephone.
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is
privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed.
This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or
work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please
immediately alert the sender by reply e-mail and delete this message and its attachments. Do not deliver, distribute, or copy this message and or
any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in
this communication or any attachments, Although this E-mail and any attachments are believed to be free of any virus or other defect that might
affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no
responsibility is accepted by Groelle and Salmon P.A.
From: Morgan Barfield [mailto:mbarfield@corlessbarfield.com
Sent: Tuesday, February 14, 2017 10:25 AM
To: Jonathan Hall
Subject: Re: Hines
| would object to this. He has already been out and rendered all his opinions plus its just too late at this point to get all
that scheduled and another depo again.
Sincerely,
Morgan Barfield, Esquire
Corless Barfield Trial Group, LLC
6812 W. Linebaugh Ave.
Tampa, FL 33625
(813) 258-4998
(813) 258-4988 fax
www. CorlessBarfield.comFrom: Jonathan Hall
Date: Tuesday, February 14, 2017 at 10:08 AM
To: Morgan Barfield
Subject: Hines
Ed Zisman wants to go back out to the property to take a look at everything. Please let me know if there is any objection
before our hearing this week so we can address it with the judge if necessary.
Jonathan T. Hall | Partner
GROELLE & SALMON, P.A.
7650 W. Courtney Campbell Causeway
Suite 800
Tampa, FL 33607
T: 813.849.7200 | F: 813.849.7201
jhall@gspalaw.com | www.gspalaw.com
Notice: Delivery of a court filing or discovery document to this email address will not be considered as served, and that any court filing or electronic
discovery needs to be directed to gstcourtdocs@qspalaw.com.
! attempt to respond to all e-mail communications within the business day. If you have an urgent communication and/or if you have not received a
response to your e-mail, please contact me by telephone.
PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is
privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed.
This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or
work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please
immediately alert the sender by reply e-mail and delete this message and its attachments. Do not deliver, distribute, or copy this message ond or
‘any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in
this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might
affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no
responsibility is accepted by Groelle and Salmon P.A.
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Filing # 52540397 E-Filed 02/15/2017 02:36:18 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, CIVIL DIVISION DEBRA HINES CASE NO.: CACE-14-016655 Plaintiff, v. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO SHORTEN TIME TO RESPOND TO DEFENDANT’S REQUEST FOR ENTRY UPON LAND AND MOTION TO COMPEL ENTRY UPON LAND COMES NOW, Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, by and through undersigned counsel, and hereby files this Motion to Shorten Time for Plaintiff to Respond to Defendant’s Request for Entry Upon Land, and Motion to Compel Entry Upon Landin support thereof would state: 1. This matter concerns allegations of a sinkhole loss to the building located at 3816 S. Lake Terrace, Miramar, Broward County, FL 33023. The building and its conditions is central to the dispute. 2. Defendant has served a Request for Entry Upon Land requesting the Plaintiffs allow Defendant to perform an inspection of the property which is the subject of this lawsuit, in accordance with Rule 1.350(b), Fla. R. Civ. P. See Exhibit A. 3. Although Rule 1.350(b), Fla. R. Civ. P., holds that “The party to whom the request is directed shall serve a written response within 30 days after service of the request” it further holds that “the court may allow a shorter or longer time.” *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/15/2017 2:36:18 PM.****4. On June 14, 2016, the Plaintiffs advised in an e-mail communication that they object to the above inspection, and therefore waiting 30 days for the written response of Plaintiff to the Request irrelevant for the purposes of this motion. See Exhibit B. 5. While Defendant’s expert ATC inspected the building on one occasion, February 15, 2016, the Plaintiffs expert, Sunil Gulati, P.E. recently performed a second updated inspection of the building on February 04, 2017. 6. Pursuant to Rule 1.350(b), Fla. R. Civ. P., Defendant may “move for an order under rule 1.380 concerning any objection, failure to respond to the request, or any part of it, or failure to permit the inspection as requested.” 7. Defendant will be prejudiced in the defense of this matter if the requested discovery is not permitted. 8. This discovery is not requested for purposes of delay or to harass the Plaintiff. 9. The Defendant, in good faith, has conferred or attempted to confer with the Plaintiff's counsel in an effort to secure the requested inspection without court action. WHEREFORE, Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, respectfully requests that this Court grant this Motion and enter and Order of Entry Upon Land requiring the Plaintiff to permit the property inspection by Defendant’s expert(s), and for any and all other relief the Court deems just and proper in the circumstances.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and Morgan Barfield at Service@corlessbarfield.com on this is day of February, 2017. By: HCP.14211 GROELLE & SALMON, P.A. Attorneys for Defendant Waterford Plaza 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 (813) 849-7200 (telephone) (813) 849-7201 (fax) gstcourtdocs@gspalaw.com rschulte@gspalaw.com Vehet 1 Lebasbem ROBERT T. SCHULTE, ESQ. FBN: 88819IEXOAOUBIT A”IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, CIVIL DIVISION DEBRA HINES CASE NO.: CACE-14-016655 Plaintiff, v. HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / DEFENDANT’S REQUEST FOR ENTRY UPON LAND COMES NOW, the Defendant, HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY, by and through its undersigned attorneys, pursuant to Fla. R. Civ. P. 1.350, and requests Plaintiff, DEBRA HINES, permit entry upon the land designated below for the purpose of inspection and measuring, surveying, and/or photographing the property and any structures thereon, in connection with the above-referenced cause, and within the scope of the Fla. R. Civ. P. 1.280(b). 1. Property designated for inspection: 3816 S. Lake Terrace, Miramar, Broward County, FL 33023. 2. Inspection requested: Defendant requests the Plaintiff's permit entry upon the land, property, and residence identified above for the purposes of inspection, measuring, and surveying the property and any structures thereon. 3. Time, place and manner of inspection: Defendant requires access to the exterior of the residence and any structures on the property identified above for the purposes of a visual, noninvasive inspection, measurement and survey of the residence and any structures on the property to be conducted by a representative of ATC Cardo. Defendant requests Plaintiffs permit inspection of the subject property as described above at a mutually convenient date and time for all parties and persons involved to be coordinated by counsel for the respective parties.CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded by electronic mail to: Ryan H. Sherman, Esq. at eserviceSLPA@gmail.com and Morgan Barfield at Service@corlessbarfield.com on this 15" day of February, 2017. By: HCP.14211 GROELLE & SALMON, P.A. Attorneys for Defendant Waterford Plaza 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 (813) 849-7200 (telephone) (813) 849-7201 (fax) gstcourtdocs@gspalaw.com rschulte@gspalaw.com Meher T Lbeber ROBERT T. SCHULTE, ESQ. FBN: 88819IEXOBOOB IT s<] NeFrom: Robert Schulte Sent: Wednesday, February 15, 2017 1:36 PM To: Robert Schulte Subject: FW: Hines Robert Schulte | Attorney at Law GROELLE & SALMON, P.A. 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 T: 813.849.7200 | F: 813.849.7201 rschulte@gspalaw.com | www.gspalaw.com Notice: Delivery of a court filing or discovery document to this email address will not be considered as served, and that any court filing or electronic discovery needs to be directed to gstcourtdocs@qspalaw.com. l attempt to respond to all e-mail communications within the business day. If you have on urgent communication and/or if you have not received a response to your e-mail, please contact me by telephone. PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments. Do not deliver, distribute, or copy this message and or any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments, Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Groelle and Salmon P.A. From: Morgan Barfield [mailto:mbarfield@corlessbarfield.com Sent: Tuesday, February 14, 2017 10:25 AM To: Jonathan Hall Subject: Re: Hines | would object to this. He has already been out and rendered all his opinions plus its just too late at this point to get all that scheduled and another depo again. Sincerely, Morgan Barfield, Esquire Corless Barfield Trial Group, LLC 6812 W. Linebaugh Ave. Tampa, FL 33625 (813) 258-4998 (813) 258-4988 fax www. CorlessBarfield.comFrom: Jonathan Hall Date: Tuesday, February 14, 2017 at 10:08 AM To: Morgan Barfield Subject: Hines Ed Zisman wants to go back out to the property to take a look at everything. Please let me know if there is any objection before our hearing this week so we can address it with the judge if necessary. Jonathan T. Hall | Partner GROELLE & SALMON, P.A. 7650 W. Courtney Campbell Causeway Suite 800 Tampa, FL 33607 T: 813.849.7200 | F: 813.849.7201 jhall@gspalaw.com | www.gspalaw.com Notice: Delivery of a court filing or discovery document to this email address will not be considered as served, and that any court filing or electronic discovery needs to be directed to gstcourtdocs@qspalaw.com. ! attempt to respond to all e-mail communications within the business day. If you have an urgent communication and/or if you have not received a response to your e-mail, please contact me by telephone. PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is privileged. The contents of this e-mail message and any attachments are intended solely for the party or parties to whom this email is addressed. This communication and all attachments are intended to be and to remain confidential, and may be subject to applicable attorney - client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and delete this message and its attachments. Do not deliver, distribute, or copy this message ond or ‘any attachments if you are not the intended recipient. Do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. Although this E-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Groelle and Salmon P.A.