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Filing # 28046628 E-Filed 06/03/2015 03:23:54 PM
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
MCCANN HOLDINGS, LTD.,
Plaintiff,
VS.
CASE NO. 2011 CA 003897 NC
SDC COMMUNITES, INC,,
VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC,
and HENRY RODRIGUEZ,
Defendants.
/
DEFENDANTS SDC COMMUNITIES, INC. AND HENRY RODRIGUEZ’S
MOTION FOR ATTORNEY’S FEES AND COSTS
Defendants SDC COMMUNITIES, INC. (“SDC”) and HENRY RODRIGUEZ
(“Rodriguez”) move this Court for an award of attorney’s fees and costs pursuant to Rule 1,525,
Fla. R. Civ. P., and as grounds state as follows:
i, Pursuant to Florida Statute § 768.79 and Fla, R. Civ. P. 1.442, Defendant SDC
served an Offer of Judgment on Plaintiff for the amount of $5,000.00 on July 9, 2012. A copy of
the Offer of Judgement is attached as Exhibit “1”.
2. Pursuant to Florida Statute § 768.79 and Fla. R. Civ. P. 1.442, Defendant Rodriguez
served an Offer of Judgment on Plaintiff for the amount of $5,000.00 on July 9, 2012. A copy of
the Offer of Judgment is attached as Exhibit “2”.
3. Pursuant to Fla. R. Civ. P. 1.442(f)(1), a proposal is deemed rejected unless
accepted by the delivery of a written notice of acceptance within 30 days after service of the
proposal.
4. Plaintiff rejected both Offers of Judgment.
Filed 06/03/2015 03:29 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL5. Pursuant to Florida Statute § 768.79(1) and (6)(a), if a defendant files an offer of
judgment which is not accepted by the plaintiff within 30 days, and the Judgment is one of no
liability or the judgment obtained by the plaintiff is at least 25 percent less than such offer, the
defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by him or her
from the date the offer was served. !
6. Additionally, where such attorney’s costs and fees total more than the judgment,
the Court shall enter judgment for the defendant against the plaintiff for the amount of costs and
fees,
7, This Court entered a Final Judgment on May 8, 2015. A Corrected Final Judgment
was subsequently entered May 21, 2015. 4 copy of the Corrected Final Judgment is attached as
Exhibit “3”,
8. The judgment obtained by Plaintiff, as to Defendants SDC and Rodriguez, was one
of no liability.
9, Defendants SDC and Rodriguez are entitled to recover all reasonable attorney’s
fees and costs incurred in defending this action from July 9, 2012 through present.
10. Bentley & Bruning, P.A.’s total fees from July 9, 2012 through present are
$552,007.56, and total costs are $44,319.32.
11. Anticipated fees related to pending matters in this action are $19,350,00.
WHEREFORE, Defendants, SDC COMMUNITIES, INC. and HENRY RODRIGUEZ,
respectfully request this Court enter an Order granting their Motion for Attorney’s Fees and Costs,
and for such any further relief that is just and proper.
' “For purposes of the determination required by paragraph [6](a), the term ‘ judgment obtained’
means the amount of the net judgment entered . . . 2” Fla. Stat. § 768.79(6) (2015),
2CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been electronically
served by email on STEVEN D. HUTTON, ESQ., 240 South Pineapple Ave., Suite 801,
sarasota, FL 34236 at sdh@huttonlawfirm.com and pdominko@hbuttonlawfirm.com and
noreen@huttonlawiirm.com as secondary e-mail addresses and EDWARD VOGLER, II, ESQ.,
Vogler Ashton, PLLC, 2411-A Manatee Ave. West, Bradenton, FL 34205 at
edvogler@voglerashton.com and STEVEN J. CHASE, ESQ., Shumaker, Loop & Kendrick,
LLP, 240 South Pineapple Ave., Sarasota, FL 34230-6948 at schase(@slk-law.com, hnorton@slk-
law.com and cselby@slk-law.com, STUART C. MARKMAN, ESQ. and KRISTEN NORSE,
ESQ., Kynes, Markman & Felman, P.A., PO Box 3396, Tampa, Florida 33601-3396 at
smarkman@kmf-law.com; knorse@kmf-law.com, plawhead@kmf-law.com; HALA
SANDRIDGE, ESQ., Buchanan Ingersoll & Rooney PC, PO Box 1438, Tampa, Florida 33601
at hala.sandridge@bipc.com; joanne. volpe@bipe.com; and STEVEN L. BRANNOCK, ESQ.,
PHILIP J. PADOVANO, ESQ., and SARAH C. PELLENBARG, ESQ., at
sbrannocki@bhappeals.com; ppadovano@bhappeals.com; and spellenbarg@bhappeals.com, on
this 3 day of June, 2015,
BENTLEY & BRUNING, P.A.
JE.
MORGANW® BENTLEY, ESQ.
Florida Bar No. 0962287
mbentley@bentleyandbruning.com
783 South Orange Avenue, Suite 220
Sarasota, Florida 34236
Phone: 941-556-9030
Facsimile: 941-312-5316
kKbruning@bentleyandbruning.com
nwhite@bentleyandbruning.com
Attorneys for Defendants, SDC Communities, Inc.
and Henry R. RodriguezIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
MCCANN HOLDINGS, LTD.,
Plaintiff,
Case No. 2011 CA 3897 NC
Vv.
SDC COMMUNITIES, INC., VOTT-A,
LLC, VOTT-B, LLC, VOTT-C, LLC,
VOTT-D, LLC, and HENRY
RODRIGUEZ
Defendants.
/
- re
DEFENDANT, SDC COMMUNITIES, INC.’S OFFER OF JUDGMENT
PO PLAINTIFE, MCCANN HOLDINGS, LTD.
Defendant, SDC COMMUNITIES, INC., (“Defendant”), by and through its undersigned
counsel, intending hereby to make an Offer of Judgment pursuant to $768.79, Florida Statutes
and Rule 1.442, Florida Rules of Civil Procedure, hereby makes this final and binding offer to
settle ali claims brought by Plaintiff, McCANN HOLDINGS, LTD., (“Plaintiff”) against
Defendant in the above-captioned lawsuit in accordance with the terms set forth below:
(A) This Offer precludes and withdraws all prior Offers.
(B) The party making the Offer is Defendant;
(C) The party to whom the Offer is being made is Plaintiff:
(D) The claims the Offer is attempting to resolve are all claims brought by Plaintiff in
this action;
(E) The total amount of the Offer is $5,000.00 (Five Thousand Dollars and Zero
Cents), to be paid to Plaintiff by Defendant, in one lump payment to “MCCANN HOLDINGS,
LTD.” to be received by Plamtitfs counsel within fifteen (15) days from the date of a proper and
timely acceptance of this Offer;(F) The amount of the Offer includes attorney’s fees:
(G) The relevant conditions of the proposal are: promptly after clearance of the
required lump payment of $5,000.00 to Plaintiff, Plaintiff's counsel shall serve and fle with the
Court a Notice of Dismissal of all claims in the Complaint, with prejudice, with each party to
bear its own costs and attorney’s fees related to Plaintiff's claims:
(H) Ifthis Offer is not accepted by MCCANN HOLDINGS, LTD., within 30 days and
if Defendant prevails in an amount defined by statute over MCCANN HOLDINGS, LTD., and
Defendant is entitled to attorney’s fees and costs, then the same shall be incurred from the date of
service of the Offer of Judgment by Defendant.
CERTIFICATE OF SERVICE
J HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via U.S. Mail to STEVEN D, HUTTON, ESQ., 240 South Pineapple Ave., Sarasota, FL 34236
and EDWARD VOGLER, II, ESQ., Vogler Ashton, PLLC, 2411-A Manatee Ave. West,
Bradenton, FIL 34205, this at ;
a eee aca
day of July, 2012.
BENTLEY & BRUNING, P.A,
MORGAN R. BENTLEY, ESO.
Florida Bar No. 0962287
783 South Orange Avenue
Suite 220
Sarasota, FL, 34236
Telephone: (941) 556-9030
Facsimile: (941) 312-5316
mbentley@bentleyandbruning.comIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
MCCANN HOLDINGS, LTD.,
Plaintiff,
Case No, 2011 CA 3897 NC
Vv.
sDC COMMUNITIES, INC., VOTT-A,
LLC, VOTT-B, LLC, VOTT-C, LLC,
VOTT-D, LLC, and HENRY
RODRIGUEZ
Defendants.
/
ata rere rrr
DEFENDANT, HENRY RODRIGUEZ’S OFFER OF JUDGMENT
TO PLAINTIFF, MCCANN HOLDINGS, LTD.
Defendant, HENRY RODRIGUEZ, (“Defendant”), by and through his undersigned
counsel, intending hereby to make an Offer of Judgment pursuant to $768.79, Florida Statutes
and Rule 1.442, Florida Rules of Civil Procedure, hereby makes this final and binding offer to
settle all claims brought by Plaintiff, McCANN HOLDINGS, LTD., (“Plaintiff”) against
Defendant in the above-captioned lawsuit in accordance with the terms set forth below:
{A} This Offer precludes and withdraws all prior Offers,
(B) The party making the Offer is Defendant;
(C) The party to whom the Offer is being made is Plaintiff:
(D) The claims the Offer is attempting to resolve are all claims brought by Plaintiff in
this action;
(E} The total amount of the Offer is $5,000.00 (Five Thousand Dollars and Zero
Cents), to be paid to Plaintiff by Defendant, in one lump payment to “MCCANN HOLDINGS,
LTD.” to be received by Plaintiffs counsel within fifteen (15) days from the date of a proper and
timely acceptance of this Offer;
EXHIBIT
Mi Qa”
me(fF) The amount of the Offer includes attorney's fees;
(G) The relevant conditions of the proposal are: promptly after clearance of the
required lump payment of $5,000.00 to Plaintiff, Plaintiffs counsel shall serve and file with the
Court a Notice of Dismissal of all claims in the Complaint, with prejudice, with each party to
bear its own costs and attorney’s fees related to Plaintiff's claims;
(H) If this Offer is not accepted by MCCANN HOLDINGS, LTD., within 30 days and
if Defendant prevails in an amount defined by statute over MCCANN HOLDINGS, LTD., and
Defendant is entitled to attorney’s fees and costs, then the same shall be incurred from the date of
service of the Offer of Judgment by Defendant,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via U.S. Mail to STEVEN D. HUTTON, ESQ., 240 South Pineapple Ave., Sarasota, FL 34236
and EDWARD VOGLER, II, ESQ., Vogler Ashton, PLLC, 2411-A Manatee Ave. West,
Bradenton, FL 34205, this * | 1,0 of July, 2012.
BENTLEY & BRUNING, P.A,
Y BENTLEY, ESQ,
Florida Bar No, 0962287
783 South Orange Avenue
Suite 220
Sarasota, FL 34236
Telephone: (941) 556-9030
Facsimile: (941) 312-5316
mbentley@bentleyandbruning.comRECORDED IN OFFICIAL RECORDS
INSTRUMENT # 2015062374 4 PG(S)
6/21/2015 10:46AM
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
IN THE CIRCUIT COURT OF THE TWELFTH JURKBARGTREBUNTY, FLORIDA
IN AND FOR SARASOTA COUN PYyfLQR IDA )
MAJOR TRIAL DIVISION T Receipt # 1863578
. MeCANN HOLDINGS, LTD.,
Plaintiff,
V. Case No, 2011CA003897NC
SDC COMMUNITIES, INC.,
VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC,
HENRY RODRIGUEZ, and
RANDALL BENDERSON,
Defendants.
/
FINAL JUDGMENT (CORRECTED)
Pursuant to the Verdict rendered in this action and this Court’s Order on Defendants’
Post-Trial Motions, IT IS ADJUDGED THAT:
[. Count I. The Joint Cooperation Agreement dated June 23, 2010 and recorded in
the Official Records of Sarasota County, Florida, Instrument # 2010077555, is declared null and
void and all restrictions contained therein, including the restrictions on the use of the real
property described in the legal description attached hereto as Exhibit “A”, are of no force and
effect as of the date of this Final Judgment.
2. Count ITI. McCann Holdings, Lid., whose address is 5589 Marquesas Circle,
Suite 201, Sarasota, Florida 34233, shall recover from VOTT-A, LLC, VOTT-B, LLC, VOTT-
C, LLC and VOTT-D, LLC, whose address is 7978 Cooper Creek Boulevard, #100, University
Park, Florida 34201, jointly and severally, the sum of $156,000.00 that shall bear interest at the
rate of 4.75% a year, for which let execution issue.
Filed 05/21/2015 10:06 AM - Karen E, Rushing, Clerk of the Circuit Court, Sarasota County, FLFah
. Page | of 1
3, Counts I], VII, VITT and IX. Judgment is entered in favor of the Defendants,
SDC Communities, Inc., VOTT-A, VOTT-B, VOTT-C, YOTT-D, Henry Rodriguez, and
Randall Benderson on ali remaining counts. As to these remaining counts, Defendants shall go
hence without day.
4, The Court retains jurisdiction to award costs of this action and to determine the
entitlement to and amount of attorneys’ fees.
DONE and ORDERED this ! | day of May, 2015.
Circuit Judge
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail this (% day of May 2015 to:
Steven L. Brannock, Esq.
Brannock & Humphries
[00 South Ashley Drive, Ste. 1130
Tampa, FL 33602
Steven J. Chase, Esq.
Shumaker Loop & Kendrick LLP
240 S. Pineapple Avenue, LOth floor
Sarasota, FL 34236
Morgan R. Bentley, Esq.
Bentley & Bruning PA
783 8, Orange Avenue, Ste, 220
Sarasota, FL 34236
Edward Vogler, [1, Esq.
Vogler Ashton PLLC
2411 A Manatee Avenue West
Bradenton, FL 34205
Steve D, Hutton, Esq.
Przemyslaw L. Dominke, Esq.
Steven D, Hutton PL
240 South Pineapple Avenue, Ste, 801
Sarasola, FL 34236
https://secure.sarasotaclerk,com/View/DocketImage/43302539 5/18/2015
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL_Stuart C. Markman, Esq.
Kristin A, Norse, Esq.
Kynes Markman & Felman PA
P.O, Box 3396
Tampa, FL 33601-3396
Hala Sandridge, Esq.
Buchanan Ingersoll & Rooney PC
P.O, Box .1438
Tampa, FL 33601
BY: ;
. __,fis Xft
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLEXHIBIT “A”
Legal Description
That part of Section 7 ‘lying Westerly of State Road 93.( |-75) and lying Easterly of State Road 68}
(State ‘Road 46 Connector) in Township 38 South, Range 19 East; LESS AND EXCEPT THOSE
LANDS DESCRIBED IN THE FOLLOWING INSTRUMENT:
Order of Taking entered July 30, 1991 in the circuit Court of Florida in and for the County of Sarasota,
in action styled State of Florida, Department-of Transportation v. .Golden Eagle Service Corporation, et
al., and recorded August 1, 1991 In Official Records Book 2317 at Page 2933, Public Records of
Sarasota County, Florida,
AND
That part of Section 13, Township 38 South, Range 18 East, lying Easterly of State Road -681 (State
Road 45:Connector}.
AND
That part of Section 17, Township 38 South, Range 19 East, lying Westerly of State Road 93
(1-75).
_-.. That part of Section 18 lying Westerly -of State‘Road93 (1-75) -and lying Easterly of State Road 681
(State Road -45.Connector) in Township 38 south, Range-19 East,
LESS. AND EXCEPT
That property released by Partial Release of Mortgage. recorded in‘Instrument No. 2008 036096, ‘Public
Records of Sarasota County, Florida‘being ithe same parcel conveyed to the State-of-Florida
Department-of Transportation as contained in that.certain Warranty Deed recorded March 17, 2008 in
Instrument No. 2008036097, Public Records of Sarasota-County, Florida.
LESS AND EX:CEPT
That:property released by Partial Release of Mortgage recorded in Instrument No, 2009142 100, Public
Records of Sarasota County, Florida, as scarrected by Corrective Partial Release of Mortgage recorded
in Instrument #2011006885, Public’ Records of Sarasota County, Florida.
l
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
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Filing # 28046628 E-Filed 06/03/2015 03:23:54 PM IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA MCCANN HOLDINGS, LTD., Plaintiff, VS. CASE NO. 2011 CA 003897 NC SDC COMMUNITES, INC,, VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, and HENRY RODRIGUEZ, Defendants. / DEFENDANTS SDC COMMUNITIES, INC. AND HENRY RODRIGUEZ’S MOTION FOR ATTORNEY’S FEES AND COSTS Defendants SDC COMMUNITIES, INC. (“SDC”) and HENRY RODRIGUEZ (“Rodriguez”) move this Court for an award of attorney’s fees and costs pursuant to Rule 1,525, Fla. R. Civ. P., and as grounds state as follows: i, Pursuant to Florida Statute § 768.79 and Fla, R. Civ. P. 1.442, Defendant SDC served an Offer of Judgment on Plaintiff for the amount of $5,000.00 on July 9, 2012. A copy of the Offer of Judgement is attached as Exhibit “1”. 2. Pursuant to Florida Statute § 768.79 and Fla. R. Civ. P. 1.442, Defendant Rodriguez served an Offer of Judgment on Plaintiff for the amount of $5,000.00 on July 9, 2012. A copy of the Offer of Judgment is attached as Exhibit “2”. 3. Pursuant to Fla. R. Civ. P. 1.442(f)(1), a proposal is deemed rejected unless accepted by the delivery of a written notice of acceptance within 30 days after service of the proposal. 4. Plaintiff rejected both Offers of Judgment. Filed 06/03/2015 03:29 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL5. Pursuant to Florida Statute § 768.79(1) and (6)(a), if a defendant files an offer of judgment which is not accepted by the plaintiff within 30 days, and the Judgment is one of no liability or the judgment obtained by the plaintiff is at least 25 percent less than such offer, the defendant shall be entitled to recover reasonable costs and attorney’s fees incurred by him or her from the date the offer was served. ! 6. Additionally, where such attorney’s costs and fees total more than the judgment, the Court shall enter judgment for the defendant against the plaintiff for the amount of costs and fees, 7, This Court entered a Final Judgment on May 8, 2015. A Corrected Final Judgment was subsequently entered May 21, 2015. 4 copy of the Corrected Final Judgment is attached as Exhibit “3”, 8. The judgment obtained by Plaintiff, as to Defendants SDC and Rodriguez, was one of no liability. 9, Defendants SDC and Rodriguez are entitled to recover all reasonable attorney’s fees and costs incurred in defending this action from July 9, 2012 through present. 10. Bentley & Bruning, P.A.’s total fees from July 9, 2012 through present are $552,007.56, and total costs are $44,319.32. 11. Anticipated fees related to pending matters in this action are $19,350,00. WHEREFORE, Defendants, SDC COMMUNITIES, INC. and HENRY RODRIGUEZ, respectfully request this Court enter an Order granting their Motion for Attorney’s Fees and Costs, and for such any further relief that is just and proper. ' “For purposes of the determination required by paragraph [6](a), the term ‘ judgment obtained’ means the amount of the net judgment entered . . . 2” Fla. Stat. § 768.79(6) (2015), 2CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been electronically served by email on STEVEN D. HUTTON, ESQ., 240 South Pineapple Ave., Suite 801, sarasota, FL 34236 at sdh@huttonlawfirm.com and pdominko@hbuttonlawfirm.com and noreen@huttonlawiirm.com as secondary e-mail addresses and EDWARD VOGLER, II, ESQ., Vogler Ashton, PLLC, 2411-A Manatee Ave. West, Bradenton, FL 34205 at edvogler@voglerashton.com and STEVEN J. CHASE, ESQ., Shumaker, Loop & Kendrick, LLP, 240 South Pineapple Ave., Sarasota, FL 34230-6948 at schase(@slk-law.com, hnorton@slk- law.com and cselby@slk-law.com, STUART C. MARKMAN, ESQ. and KRISTEN NORSE, ESQ., Kynes, Markman & Felman, P.A., PO Box 3396, Tampa, Florida 33601-3396 at smarkman@kmf-law.com; knorse@kmf-law.com, plawhead@kmf-law.com; HALA SANDRIDGE, ESQ., Buchanan Ingersoll & Rooney PC, PO Box 1438, Tampa, Florida 33601 at hala.sandridge@bipc.com; joanne. volpe@bipe.com; and STEVEN L. BRANNOCK, ESQ., PHILIP J. PADOVANO, ESQ., and SARAH C. PELLENBARG, ESQ., at sbrannocki@bhappeals.com; ppadovano@bhappeals.com; and spellenbarg@bhappeals.com, on this 3 day of June, 2015, BENTLEY & BRUNING, P.A. JE. MORGANW® BENTLEY, ESQ. Florida Bar No. 0962287 mbentley@bentleyandbruning.com 783 South Orange Avenue, Suite 220 Sarasota, Florida 34236 Phone: 941-556-9030 Facsimile: 941-312-5316 kKbruning@bentleyandbruning.com nwhite@bentleyandbruning.com Attorneys for Defendants, SDC Communities, Inc. and Henry R. RodriguezIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA MCCANN HOLDINGS, LTD., Plaintiff, Case No. 2011 CA 3897 NC Vv. SDC COMMUNITIES, INC., VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, and HENRY RODRIGUEZ Defendants. / - re DEFENDANT, SDC COMMUNITIES, INC.’S OFFER OF JUDGMENT PO PLAINTIFE, MCCANN HOLDINGS, LTD. Defendant, SDC COMMUNITIES, INC., (“Defendant”), by and through its undersigned counsel, intending hereby to make an Offer of Judgment pursuant to $768.79, Florida Statutes and Rule 1.442, Florida Rules of Civil Procedure, hereby makes this final and binding offer to settle ali claims brought by Plaintiff, McCANN HOLDINGS, LTD., (“Plaintiff”) against Defendant in the above-captioned lawsuit in accordance with the terms set forth below: (A) This Offer precludes and withdraws all prior Offers. (B) The party making the Offer is Defendant; (C) The party to whom the Offer is being made is Plaintiff: (D) The claims the Offer is attempting to resolve are all claims brought by Plaintiff in this action; (E) The total amount of the Offer is $5,000.00 (Five Thousand Dollars and Zero Cents), to be paid to Plaintiff by Defendant, in one lump payment to “MCCANN HOLDINGS, LTD.” to be received by Plamtitfs counsel within fifteen (15) days from the date of a proper and timely acceptance of this Offer;(F) The amount of the Offer includes attorney’s fees: (G) The relevant conditions of the proposal are: promptly after clearance of the required lump payment of $5,000.00 to Plaintiff, Plaintiff's counsel shall serve and fle with the Court a Notice of Dismissal of all claims in the Complaint, with prejudice, with each party to bear its own costs and attorney’s fees related to Plaintiff's claims: (H) Ifthis Offer is not accepted by MCCANN HOLDINGS, LTD., within 30 days and if Defendant prevails in an amount defined by statute over MCCANN HOLDINGS, LTD., and Defendant is entitled to attorney’s fees and costs, then the same shall be incurred from the date of service of the Offer of Judgment by Defendant. CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to STEVEN D, HUTTON, ESQ., 240 South Pineapple Ave., Sarasota, FL 34236 and EDWARD VOGLER, II, ESQ., Vogler Ashton, PLLC, 2411-A Manatee Ave. West, Bradenton, FIL 34205, this at ; a eee aca day of July, 2012. BENTLEY & BRUNING, P.A, MORGAN R. BENTLEY, ESO. Florida Bar No. 0962287 783 South Orange Avenue Suite 220 Sarasota, FL, 34236 Telephone: (941) 556-9030 Facsimile: (941) 312-5316 mbentley@bentleyandbruning.comIN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA MCCANN HOLDINGS, LTD., Plaintiff, Case No, 2011 CA 3897 NC Vv. sDC COMMUNITIES, INC., VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, and HENRY RODRIGUEZ Defendants. / ata rere rrr DEFENDANT, HENRY RODRIGUEZ’S OFFER OF JUDGMENT TO PLAINTIFF, MCCANN HOLDINGS, LTD. Defendant, HENRY RODRIGUEZ, (“Defendant”), by and through his undersigned counsel, intending hereby to make an Offer of Judgment pursuant to $768.79, Florida Statutes and Rule 1.442, Florida Rules of Civil Procedure, hereby makes this final and binding offer to settle all claims brought by Plaintiff, McCANN HOLDINGS, LTD., (“Plaintiff”) against Defendant in the above-captioned lawsuit in accordance with the terms set forth below: {A} This Offer precludes and withdraws all prior Offers, (B) The party making the Offer is Defendant; (C) The party to whom the Offer is being made is Plaintiff: (D) The claims the Offer is attempting to resolve are all claims brought by Plaintiff in this action; (E} The total amount of the Offer is $5,000.00 (Five Thousand Dollars and Zero Cents), to be paid to Plaintiff by Defendant, in one lump payment to “MCCANN HOLDINGS, LTD.” to be received by Plaintiffs counsel within fifteen (15) days from the date of a proper and timely acceptance of this Offer; EXHIBIT Mi Qa” me(fF) The amount of the Offer includes attorney's fees; (G) The relevant conditions of the proposal are: promptly after clearance of the required lump payment of $5,000.00 to Plaintiff, Plaintiffs counsel shall serve and file with the Court a Notice of Dismissal of all claims in the Complaint, with prejudice, with each party to bear its own costs and attorney’s fees related to Plaintiff's claims; (H) If this Offer is not accepted by MCCANN HOLDINGS, LTD., within 30 days and if Defendant prevails in an amount defined by statute over MCCANN HOLDINGS, LTD., and Defendant is entitled to attorney’s fees and costs, then the same shall be incurred from the date of service of the Offer of Judgment by Defendant, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to STEVEN D. HUTTON, ESQ., 240 South Pineapple Ave., Sarasota, FL 34236 and EDWARD VOGLER, II, ESQ., Vogler Ashton, PLLC, 2411-A Manatee Ave. West, Bradenton, FL 34205, this * | 1,0 of July, 2012. BENTLEY & BRUNING, P.A, Y BENTLEY, ESQ, Florida Bar No, 0962287 783 South Orange Avenue Suite 220 Sarasota, FL 34236 Telephone: (941) 556-9030 Facsimile: (941) 312-5316 mbentley@bentleyandbruning.comRECORDED IN OFFICIAL RECORDS INSTRUMENT # 2015062374 4 PG(S) 6/21/2015 10:46AM KAREN E. RUSHING CLERK OF THE CIRCUIT COURT IN THE CIRCUIT COURT OF THE TWELFTH JURKBARGTREBUNTY, FLORIDA IN AND FOR SARASOTA COUN PYyfLQR IDA ) MAJOR TRIAL DIVISION T Receipt # 1863578 . MeCANN HOLDINGS, LTD., Plaintiff, V. Case No, 2011CA003897NC SDC COMMUNITIES, INC., VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, HENRY RODRIGUEZ, and RANDALL BENDERSON, Defendants. / FINAL JUDGMENT (CORRECTED) Pursuant to the Verdict rendered in this action and this Court’s Order on Defendants’ Post-Trial Motions, IT IS ADJUDGED THAT: [. Count I. The Joint Cooperation Agreement dated June 23, 2010 and recorded in the Official Records of Sarasota County, Florida, Instrument # 2010077555, is declared null and void and all restrictions contained therein, including the restrictions on the use of the real property described in the legal description attached hereto as Exhibit “A”, are of no force and effect as of the date of this Final Judgment. 2. Count ITI. McCann Holdings, Lid., whose address is 5589 Marquesas Circle, Suite 201, Sarasota, Florida 34233, shall recover from VOTT-A, LLC, VOTT-B, LLC, VOTT- C, LLC and VOTT-D, LLC, whose address is 7978 Cooper Creek Boulevard, #100, University Park, Florida 34201, jointly and severally, the sum of $156,000.00 that shall bear interest at the rate of 4.75% a year, for which let execution issue. Filed 05/21/2015 10:06 AM - Karen E, Rushing, Clerk of the Circuit Court, Sarasota County, FLFah . Page | of 1 3, Counts I], VII, VITT and IX. Judgment is entered in favor of the Defendants, SDC Communities, Inc., VOTT-A, VOTT-B, VOTT-C, YOTT-D, Henry Rodriguez, and Randall Benderson on ali remaining counts. As to these remaining counts, Defendants shall go hence without day. 4, The Court retains jurisdiction to award costs of this action and to determine the entitlement to and amount of attorneys’ fees. DONE and ORDERED this ! | day of May, 2015. Circuit Judge CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this (% day of May 2015 to: Steven L. Brannock, Esq. Brannock & Humphries [00 South Ashley Drive, Ste. 1130 Tampa, FL 33602 Steven J. Chase, Esq. Shumaker Loop & Kendrick LLP 240 S. Pineapple Avenue, LOth floor Sarasota, FL 34236 Morgan R. Bentley, Esq. Bentley & Bruning PA 783 8, Orange Avenue, Ste, 220 Sarasota, FL 34236 Edward Vogler, [1, Esq. Vogler Ashton PLLC 2411 A Manatee Avenue West Bradenton, FL 34205 Steve D, Hutton, Esq. Przemyslaw L. Dominke, Esq. Steven D, Hutton PL 240 South Pineapple Avenue, Ste, 801 Sarasola, FL 34236 https://secure.sarasotaclerk,com/View/DocketImage/43302539 5/18/2015 Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL_Stuart C. Markman, Esq. Kristin A, Norse, Esq. Kynes Markman & Felman PA P.O, Box 3396 Tampa, FL 33601-3396 Hala Sandridge, Esq. Buchanan Ingersoll & Rooney PC P.O, Box .1438 Tampa, FL 33601 BY: ; . __,fis Xft Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLEXHIBIT “A” Legal Description That part of Section 7 ‘lying Westerly of State Road 93.( |-75) and lying Easterly of State Road 68} (State ‘Road 46 Connector) in Township 38 South, Range 19 East; LESS AND EXCEPT THOSE LANDS DESCRIBED IN THE FOLLOWING INSTRUMENT: Order of Taking entered July 30, 1991 in the circuit Court of Florida in and for the County of Sarasota, in action styled State of Florida, Department-of Transportation v. .Golden Eagle Service Corporation, et al., and recorded August 1, 1991 In Official Records Book 2317 at Page 2933, Public Records of Sarasota County, Florida, AND That part of Section 13, Township 38 South, Range 18 East, lying Easterly of State Road -681 (State Road 45:Connector}. AND That part of Section 17, Township 38 South, Range 19 East, lying Westerly of State Road 93 (1-75). _-.. That part of Section 18 lying Westerly -of State‘Road93 (1-75) -and lying Easterly of State Road 681 (State Road -45.Connector) in Township 38 south, Range-19 East, LESS. AND EXCEPT That property released by Partial Release of Mortgage. recorded in‘Instrument No. 2008 036096, ‘Public Records of Sarasota County, Florida‘being ithe same parcel conveyed to the State-of-Florida Department-of Transportation as contained in that.certain Warranty Deed recorded March 17, 2008 in Instrument No. 2008036097, Public Records of Sarasota-County, Florida. LESS AND EX:CEPT That:property released by Partial Release of Mortgage recorded in Instrument No, 2009142 100, Public Records of Sarasota County, Florida, as scarrected by Corrective Partial Release of Mortgage recorded in Instrument #2011006885, Public’ Records of Sarasota County, Florida. l Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL