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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
RICHARE R. FEY and
SCOTT FEY,
Plaintiffs,
VS. CASENO. 2007 CA 008117 NC
MARY ANN TURCOTTE,
Defendant.
a
ORDER ON RECOMMENDED ORDER
THIS CAUSE came before the Court on the Recommended Order of Magistrate,
filed by Magistrate Deborah A. Bailey, and the undersigned, having considered the
findings and recommendation contained therein, it is hereby,
ORDERED AND ADJUDGED that:
1. The Recommended Order of Magistrate, entered on March 11, 2008, a copy of
which is attached hereto, is ratified and approved.
2. The parties are ordered to abide by all of the findings and recommendations
contained in the Recommended Order of Magistrate, and the Court hereby adopts each
and every finding and recommendation therein as the Order of this Court.
DONE AND ORDERED in Chambers at Sarasota, Sarasota County, Florida on
this day of _ 2008.
‘wR 1% 2008
~ ite ui
Quogsay yo4d GausCC:
Harry W. Haskins, Esq.
3400 S. Tamiami Trail, Suite 201
Sarasota, FL 34239
Scott A. Shelton, Esq.
Eric T. Olson, Esq.
COLE, SCOTT & KISSANE, P.A.
5201 W. Kennedy Blvd., Suite 750
Tampa, FL 33609IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
RICHARE R. FEY and
SCOTT FEY,
Plaintiffs,
VS. CASE NO. 2007 CA 8117 NC
MARY ANN TURCOTTE,
Defendant.
|
RECOMMENDED ORDER OF MAGISTRATE
This cause came on for hearing before Magistrate Deborah A. Bailey, on March
11, 2008, on the Defendant’s Motion to Compel Inspection of the Plaintiffs’ Property
and Minor Soil Digging Thereon. The Magistrate has jurisdiction pursuant to Rule
1.490 of the Florida Rules of Civil Procedure. Being fully advised in the premises, the
Magistrate reports as follows:
1. Defendant moves for an Order allowing her expert (a certified arborist) to
conduct an inspection on the Plaintiffs’ property. In connection with this motion,
Defendant contends her expert may need to conduct “minor” soil digging as part of the
inspection. At the time of the hearing, Defendant’s counsel indicated that the Defendant
merely wants the same opportunity to inspect that Plaintiffs’ expert had.
2. Plaintiffs’ counsel indicated the Plaintiffs have no objection to the inspection,
but objects to any digging or disturbance that could cause further damage to the
remaining trees on their property. '
3. After review of the motion, and upon consideration of the arguments and
authorities of counsel, the Magistrate recommends the Court grant the motion to compel
subject to the conditions set forth below.
Based upon the above-stated findings, the Magistrate submits the following
Recommended Order for approval by the Court:
Plaintiffs’ counsel has previously filed an “Objection to Magistrate” in this case, objecting “‘to the
use of the Magistrate for any hearing in this matter.” Plaintiffs’ counsel indicated he was waiving that
objection as to the instant motion hearing.Recommended Order
1. Defendant’s Motion to Compel Inspection is GRANTED.
2. The inspection shall take place on a date and time to be mutually agreed upon
by the parties.
3. Plaintiff and his son may be present at the time of the inspection, as may the
Plaintiffs’ expert if necessary.
4. Defendant’s expert shall be entitled to inspect all of the same areas as the
Plaintiffs’ expert examined. If the Plaintiffs moved, removed and/or
excavated ground material in order to allow their expert to conduct a full
inspection of the alleged damages, the same shall be done in order to allow
Defendants’ expert to conduct a full inspection of the alleged damages.
The parties are aware of their ability to serve exceptions pursuant to Fla. R.
Civ. P. 1.490(h) and are waiving their right to serve exceptions.
BY:
Deborah A. Bailey, Magistrate
Twelfth Judicial Circuit
EN) PA DINGIND GQAEANAT OFS
cc: Harry W. Haskins, Esq. So wel UO ers SINS
3400 S. Tamiami Trail, Suite 201
Sarasota, FL 34239 MAR i 7 2008
SATOUMIA, BLBY
Scott A. Shelton, Esq. Va See ae
6c ute
sow SERED ww “Su.
Eric T. Olson, Esq.
COLE, SCOTT & KISSANE, P.A.
5201 W. Kennedy Bivd., Suite 750
Tampa, FL 33609
Sent to Clerk for filing on
Mailed to parties on BASS
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA RICHARE R. FEY and SCOTT FEY, Plaintiffs, VS. CASENO. 2007 CA 008117 NC MARY ANN TURCOTTE, Defendant. a ORDER ON RECOMMENDED ORDER THIS CAUSE came before the Court on the Recommended Order of Magistrate, filed by Magistrate Deborah A. Bailey, and the undersigned, having considered the findings and recommendation contained therein, it is hereby, ORDERED AND ADJUDGED that: 1. The Recommended Order of Magistrate, entered on March 11, 2008, a copy of which is attached hereto, is ratified and approved. 2. The parties are ordered to abide by all of the findings and recommendations contained in the Recommended Order of Magistrate, and the Court hereby adopts each and every finding and recommendation therein as the Order of this Court. DONE AND ORDERED in Chambers at Sarasota, Sarasota County, Florida on this day of _ 2008. ‘wR 1% 2008 ~ ite ui Quogsay yo4d GausCC: Harry W. Haskins, Esq. 3400 S. Tamiami Trail, Suite 201 Sarasota, FL 34239 Scott A. Shelton, Esq. Eric T. Olson, Esq. COLE, SCOTT & KISSANE, P.A. 5201 W. Kennedy Blvd., Suite 750 Tampa, FL 33609IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA RICHARE R. FEY and SCOTT FEY, Plaintiffs, VS. CASE NO. 2007 CA 8117 NC MARY ANN TURCOTTE, Defendant. | RECOMMENDED ORDER OF MAGISTRATE This cause came on for hearing before Magistrate Deborah A. Bailey, on March 11, 2008, on the Defendant’s Motion to Compel Inspection of the Plaintiffs’ Property and Minor Soil Digging Thereon. The Magistrate has jurisdiction pursuant to Rule 1.490 of the Florida Rules of Civil Procedure. Being fully advised in the premises, the Magistrate reports as follows: 1. Defendant moves for an Order allowing her expert (a certified arborist) to conduct an inspection on the Plaintiffs’ property. In connection with this motion, Defendant contends her expert may need to conduct “minor” soil digging as part of the inspection. At the time of the hearing, Defendant’s counsel indicated that the Defendant merely wants the same opportunity to inspect that Plaintiffs’ expert had. 2. Plaintiffs’ counsel indicated the Plaintiffs have no objection to the inspection, but objects to any digging or disturbance that could cause further damage to the remaining trees on their property. ' 3. After review of the motion, and upon consideration of the arguments and authorities of counsel, the Magistrate recommends the Court grant the motion to compel subject to the conditions set forth below. Based upon the above-stated findings, the Magistrate submits the following Recommended Order for approval by the Court: Plaintiffs’ counsel has previously filed an “Objection to Magistrate” in this case, objecting “‘to the use of the Magistrate for any hearing in this matter.” Plaintiffs’ counsel indicated he was waiving that objection as to the instant motion hearing.Recommended Order 1. Defendant’s Motion to Compel Inspection is GRANTED. 2. The inspection shall take place on a date and time to be mutually agreed upon by the parties. 3. Plaintiff and his son may be present at the time of the inspection, as may the Plaintiffs’ expert if necessary. 4. Defendant’s expert shall be entitled to inspect all of the same areas as the Plaintiffs’ expert examined. If the Plaintiffs moved, removed and/or excavated ground material in order to allow their expert to conduct a full inspection of the alleged damages, the same shall be done in order to allow Defendants’ expert to conduct a full inspection of the alleged damages. The parties are aware of their ability to serve exceptions pursuant to Fla. R. Civ. P. 1.490(h) and are waiving their right to serve exceptions. BY: Deborah A. Bailey, Magistrate Twelfth Judicial Circuit EN) PA DINGIND GQAEANAT OFS cc: Harry W. Haskins, Esq. So wel UO ers SINS 3400 S. Tamiami Trail, Suite 201 Sarasota, FL 34239 MAR i 7 2008 SATOUMIA, BLBY Scott A. Shelton, Esq. Va See ae 6c ute sow SERED ww “Su. Eric T. Olson, Esq. COLE, SCOTT & KISSANE, P.A. 5201 W. Kennedy Bivd., Suite 750 Tampa, FL 33609 Sent to Clerk for filing on Mailed to parties on BASS