Preview
—— —__—-—
Freeborn
JESSICA KIRKWOOD ALLEY
lids Partner
Freeborn & Peters LLP
FRCEBORN & PETERS LLP Altorneys al Law
One Tampa City Center
201 North Franklin Street, Suite 3550
Tampa, FL 33602
(813) 488-2924 direct
jalley@freeborn.com
www.freeborn.com
February 14, 2018
VIA E-MAIL: LFRITZ@JUD12.FLCOURTS.ORG
Hon. Hunter Carroll, C.C.J.
Twelfth Judicial Circuit — Sarasota County
P.O. Box 48927
Sarasota, FL 34230 (] FILE
Re: Tibar, LLC, Teresa Basnight and Michael A. Basnight v.
Williams, Parker, Harrison, Dietz & Getzen, PA, John
Moore and Terri Costa (Case No. 2008-CA-018070-NC)
Hearing on February 23, 2018
Dear Judge Carroll:
My name is Jessica Kirkwood Alley and I represented the Defendants, Williams, Parker,
Harrison, Dietz and Getzen, P.A., John Moore, and Terri Costa (collectively “Williams Parker”) in
the above refe renc ed matt er. I am in recei pt of the Moti on and Noti ce of Hear ing to Dism iss for
Failure to Prosecute (a copy of which is enclosed for your convenience). Please note that my firm
affiliation and address has changed. I am now with the firm of Freeborn & Peters LLP. I did not file
a notice of change of address in this matter because it was closed years before I switched firms. I
write to resp ectf ully requ est that the Cour t take what ever steps are nece ssar y to admi nist rati vely
close this file and to cancel the scheduled hearing.
Following the December 2011 jury trial, the defense verdict in this case was appealed to the
Seco nd Distr ict Court of Appe als. The Mand ate was retur ned on Dece mber 4, 2013. There after ,
Williams Park er bega n atte mpts to colle ct on the judg ment s awar ded. Afte r rece ivin g perm issi on
from the Chap ter 11 Trus tee to comp romi se the cont rove rsy, the vari ous writs were all eithe r
dissolved or dism isse d in 2015 . Ther eaft er, on Janua ry 29, 2016 , two sati sfac tion s of judg ment were
filed and recorded (copies enclosed).
As you can tell from this brief summary, this matter is fully resolved and should be
administratively closed. I took the liberty of reaching out to counsel for the Plaintiffs, Mr. Allan
Watkins, and he agre es that this matt er is full y reso lved . We resp ectf ully sugg est that the hear ing set
for February 23, 2018 is not necessary given the case record cited above.
Chicago, IL » New York, NY * Richmond, VA « Springfield, IL * Tampa, FL
dw
we
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
—-—_ —
Freeborn ape
Hon. Hunter Carroll, J.C.C.
February 14, 2018
ie
FREEBORN & PETERS LLP Page 2
Should you have any further questions, please do not hesitate to contact me.
Respectfully,
h td lav: Ta” med
DORN ed.
wx
Cnet
eer
Jessica Ki soa Alle
JKA/ck
Enclosures
ce: Hon. Hunter Carroll, J.C.C. (With enclosures, via U.S. Mail)
Allan Watkins, Esq. (With enclosures, via e-mail)
4324448v1/99120-5481
2/14/18 2:33 PM
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
IN THE CIRCUIrl COURT OF THE TWELFTH JUDICIAL CIRCUP!
IN AND FOR SARASOTA COUNTY, FLORIDA
AR, LLC, TERESA BASNIGHT
and MICHAEL A. BASNIGHT
Plaintiff(s),
vs CASE NO.: 2008 CA 018070 NC
WILLIAMS, PARKER, HARRISON
DIETZ & GETZEN, PA, JOHN MOORE
and TERRI COSTA
Defendant(s)
/
MOTION AND NOTICE OF HEARING IO DISMISS
FOR Fé TO PROSECUT, IND) Cly. rt os
THE COURT FINDS from the face of the record in this action that no activity by filing of
pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying
this action has been issued nor stipulation for stay approved by the court. Accordingly,
IT IS ORDERED as follows
1. If no record activity occurs within sixty (60) days immediately following the service of
this motion and notice, and if no stay is issued or approved prior to the expiration of such 60-day
period, this action shall be dismissed at a hearing on 2 Su Wa at the
Silvertooth Judicial Center, 2002 Ringling Bivd., Courtroom F C. Sarasota, Florida, unless good
cause is shown in accordance with paragraph 2.
2. A party may file a showing of good cause why this action should remain pending at least
five (5) days prior to the hearing set forth above. If a showing of good cause is filed, the court will
hear and determine the question
DONE AND ORDERED in Sarasota, Sarasota County, Florida, on this day of
, 2017
AL SIGNED
ANDREA McHUGH
CIRCUIT JUDGE NOV 21 2017
ANDREA McHUGH
CIRCUIT JUDGE
! If the Court issues an order prior to the date of the Lack of Prosecution hearing allowing the action to remain pending
for good cause, the case will be removed from the Lack of Prosecution Docket and the parties are excused from
attending the hearing. If the case remains on the Lack of Prosecution Docket, the Court will determine at the hearing
whether or not to dismiss the action for lack of prosecution pursuant to Rule 1.420(2)(e).
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by US
Mail this day of , 2017 to the following:
Allan C. Watkins, Esquire
Watkins Law Firm, PA
707 North Franklin Street, Suite 750
Tampa, Florida 33602
Jessica Kirkwood Alley, Esquire
Phelps Dunbar, LLP
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602-5311
ORIGINAL SIGNED
Judicial HY 2 1 2017
2 a IN
Ns
rer ae oe
EE TAN
pepe Fee |
“If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact
the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at
least seven (7) days before your scheduled court appearance, or immediately upon receiving this
notification if the time before the scheduled appearance is less than seven (7) days; if you are
hearing or voice impaired, call 711.”
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
—
N OFFICIAL.
LNETRUNERT # 2016011612 2 PGS)
THIS INSTRUMENT PREPARED BY Feuruery 01 2016. Of
AND RETURN TO: 41 gourt
MICHAEL P. BRUNDAGE
Phelps Dunbar LLP
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602 MAAR AeRReee
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
TIBAR, LLC, TERESA
BASNIGHT, and MICHAEL
BASNIGHT
Plaintiffs,
CASE NO 2008 CA 18670
v8
WILLIAMS, PARKER, HARRISON
DIETZ & GETZEN, P.A., JOHN MOORE
And TERRI COSTA
Defendants
bd Af | ON C JDGME
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN
DOLLARS and other good and valuable consideration to the judgment holders, Williams, Parker,
Harrison, Dietz & Getzen, P.A., John Moore and Terri Costa (“Judgment Holders”) in hand paid, the
receipt of which is hereby acknowledged, the undersigned hereby acknowledges full settlement and
payment of that certain Order and Fina] Judgment On Attorneys’ Fees and Costs entered on December 17
2013 and recorded in Official Records Instrument #4 2013167573, of the Public Records of Sarasota
County, Florida. The Clerk of the Court is hereby authorized and directed to enter this satisfaction of
PD. 18464836. 1
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
record.
Executed this 29 Sy of January, 2016.
pasty
Michael F ty iG 1Esq
ida Bar No.6! 162
PHELPS DUNBAR LLP
UU SOUT is
Drive
Suite 1900
Tampa, FI. 33602
Telephone: (813) 472-7550
Facsimile: (813) 4572-7570
Attorneys for Judgment Holders
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
hb
The foregoing instrument was acknowledged before me this = “f day of erehnguse , 2016, by
Michael P. Brundage, attorney for Judgment Holders in the above-styled action, [ ¢
known to me or [__] who has produced the following identification:
ho sion, [winkis personally
Caen £ Corral
WANCY E CONRAD Name: (Print)
Public - State of Florida
‘Ay ott
Conwnission # FF 947291
My Corom. Expires Dec 30,
2019
“oh hrough National Nuiaty Assn
Commission No.
Commission Expiration Date:
7
PD. 18464836.)
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerkof the Circuit Court, Sarasota County, FL
IW OFFIC} %.
60116 61.80.47
INSTRUMENT ® 2012016 41 2 PGtS)
PM
G1, 20
CLERK OF TH ‘GIRSULT count
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
MICHAEL P. BRUNDAGE
Phelps Dunbar LLP (MORAN eReae
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602
a RESERVED FOR CLERK
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
TIBAR, LLC, TERESA
BASNIGHT, and MICHAEL
BASNIGHT
Plaintiffs,
CASE NO.: 2008 CA 18070
¥8
WILLIAMS, PARKER, HARRISON
DIETZ & GETZEN, P.A., JOHN MOORE,
And TERRI COSTA
Defendants.
LR EGaY & Pap Uri¥:
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN
DOLLARS and other good and valuable consideration to the judgment holders, Williams, Parker,
Harrison, Dietz & Getzen, P.A., John Moore and Terri Costa (“Judgment Holders”) in hand paid, the
receipt of which is hereby acknowledged, the undersigned hereby acknowledges full settlement and
payment of that certain Order and Final Judgment On Supplemental Attorneys’ Fees and Costs entered on
October 20, 2014 and recorded in Official Records Instrument # 2014125 143, of the Public Records of
Sarasota County, Florida. The Clerk of the Court is hereby authorized and directed to enter this
PD.18464900. |
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Ce
satisfaction of record.
Executed this >*/_ day of January. 2016.
SO Ne etme,
— tn,
Lee tmeaheamant
Brundage,Es
No.61162!
lorida Bar
PHELPS DUNBAR LLP
$00. ee
Drive
Suite 1900
Tampa, Fl. 33602
Telephone: (813) 472-7550
Facsimile: (813) 4572-7570
Attorneys for Judgment Holders
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this «<> 7 SS of « , , 2016,by
Michael P. Brundage, attorney for Judgment Holders in the above-styled action, who is personally
known to me or [__] who has produced the following identification:
NANCY E. CONRAD
Name: (Print)
te
State of Florida
117994 Commission No.
Commission Expiration Date:
PD. 18464900. |
Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerkof the Circuit Court, Sarasota County, FL
Preview
—— —__—-— Freeborn JESSICA KIRKWOOD ALLEY lids Partner Freeborn & Peters LLP FRCEBORN & PETERS LLP Altorneys al Law One Tampa City Center 201 North Franklin Street, Suite 3550 Tampa, FL 33602 (813) 488-2924 direct jalley@freeborn.com www.freeborn.com February 14, 2018 VIA E-MAIL: LFRITZ@JUD12.FLCOURTS.ORG Hon. Hunter Carroll, C.C.J. Twelfth Judicial Circuit — Sarasota County P.O. Box 48927 Sarasota, FL 34230 (] FILE Re: Tibar, LLC, Teresa Basnight and Michael A. Basnight v. Williams, Parker, Harrison, Dietz & Getzen, PA, John Moore and Terri Costa (Case No. 2008-CA-018070-NC) Hearing on February 23, 2018 Dear Judge Carroll: My name is Jessica Kirkwood Alley and I represented the Defendants, Williams, Parker, Harrison, Dietz and Getzen, P.A., John Moore, and Terri Costa (collectively “Williams Parker”) in the above refe renc ed matt er. I am in recei pt of the Moti on and Noti ce of Hear ing to Dism iss for Failure to Prosecute (a copy of which is enclosed for your convenience). Please note that my firm affiliation and address has changed. I am now with the firm of Freeborn & Peters LLP. I did not file a notice of change of address in this matter because it was closed years before I switched firms. I write to resp ectf ully requ est that the Cour t take what ever steps are nece ssar y to admi nist rati vely close this file and to cancel the scheduled hearing. Following the December 2011 jury trial, the defense verdict in this case was appealed to the Seco nd Distr ict Court of Appe als. The Mand ate was retur ned on Dece mber 4, 2013. There after , Williams Park er bega n atte mpts to colle ct on the judg ment s awar ded. Afte r rece ivin g perm issi on from the Chap ter 11 Trus tee to comp romi se the cont rove rsy, the vari ous writs were all eithe r dissolved or dism isse d in 2015 . Ther eaft er, on Janua ry 29, 2016 , two sati sfac tion s of judg ment were filed and recorded (copies enclosed). As you can tell from this brief summary, this matter is fully resolved and should be administratively closed. I took the liberty of reaching out to counsel for the Plaintiffs, Mr. Allan Watkins, and he agre es that this matt er is full y reso lved . We resp ectf ully sugg est that the hear ing set for February 23, 2018 is not necessary given the case record cited above. Chicago, IL » New York, NY * Richmond, VA « Springfield, IL * Tampa, FL dw we Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL —-—_ — Freeborn ape Hon. Hunter Carroll, J.C.C. February 14, 2018 ie FREEBORN & PETERS LLP Page 2 Should you have any further questions, please do not hesitate to contact me. Respectfully, h td lav: Ta” med DORN ed. wx Cnet eer Jessica Ki soa Alle JKA/ck Enclosures ce: Hon. Hunter Carroll, J.C.C. (With enclosures, via U.S. Mail) Allan Watkins, Esq. (With enclosures, via e-mail) 4324448v1/99120-5481 2/14/18 2:33 PM Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL IN THE CIRCUIrl COURT OF THE TWELFTH JUDICIAL CIRCUP! IN AND FOR SARASOTA COUNTY, FLORIDA AR, LLC, TERESA BASNIGHT and MICHAEL A. BASNIGHT Plaintiff(s), vs CASE NO.: 2008 CA 018070 NC WILLIAMS, PARKER, HARRISON DIETZ & GETZEN, PA, JOHN MOORE and TERRI COSTA Defendant(s) / MOTION AND NOTICE OF HEARING IO DISMISS FOR Fé TO PROSECUT, IND) Cly. rt os THE COURT FINDS from the face of the record in this action that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying this action has been issued nor stipulation for stay approved by the court. Accordingly, IT IS ORDERED as follows 1. If no record activity occurs within sixty (60) days immediately following the service of this motion and notice, and if no stay is issued or approved prior to the expiration of such 60-day period, this action shall be dismissed at a hearing on 2 Su Wa at the Silvertooth Judicial Center, 2002 Ringling Bivd., Courtroom F C. Sarasota, Florida, unless good cause is shown in accordance with paragraph 2. 2. A party may file a showing of good cause why this action should remain pending at least five (5) days prior to the hearing set forth above. If a showing of good cause is filed, the court will hear and determine the question DONE AND ORDERED in Sarasota, Sarasota County, Florida, on this day of , 2017 AL SIGNED ANDREA McHUGH CIRCUIT JUDGE NOV 21 2017 ANDREA McHUGH CIRCUIT JUDGE ! If the Court issues an order prior to the date of the Lack of Prosecution hearing allowing the action to remain pending for good cause, the case will be removed from the Lack of Prosecution Docket and the parties are excused from attending the hearing. If the case remains on the Lack of Prosecution Docket, the Court will determine at the hearing whether or not to dismiss the action for lack of prosecution pursuant to Rule 1.420(2)(e). Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by US Mail this day of , 2017 to the following: Allan C. Watkins, Esquire Watkins Law Firm, PA 707 North Franklin Street, Suite 750 Tampa, Florida 33602 Jessica Kirkwood Alley, Esquire Phelps Dunbar, LLP 100 South Ashley Drive, Suite 1900 Tampa, Florida 33602-5311 ORIGINAL SIGNED Judicial HY 2 1 2017 2 a IN Ns rer ae oe EE TAN pepe Fee | “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.” Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL — N OFFICIAL. LNETRUNERT # 2016011612 2 PGS) THIS INSTRUMENT PREPARED BY Feuruery 01 2016. Of AND RETURN TO: 41 gourt MICHAEL P. BRUNDAGE Phelps Dunbar LLP 100 South Ashley Drive, Suite 1900 Tampa, Florida 33602 MAAR AeRReee IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION TIBAR, LLC, TERESA BASNIGHT, and MICHAEL BASNIGHT Plaintiffs, CASE NO 2008 CA 18670 v8 WILLIAMS, PARKER, HARRISON DIETZ & GETZEN, P.A., JOHN MOORE And TERRI COSTA Defendants bd Af | ON C JDGME KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration to the judgment holders, Williams, Parker, Harrison, Dietz & Getzen, P.A., John Moore and Terri Costa (“Judgment Holders”) in hand paid, the receipt of which is hereby acknowledged, the undersigned hereby acknowledges full settlement and payment of that certain Order and Fina] Judgment On Attorneys’ Fees and Costs entered on December 17 2013 and recorded in Official Records Instrument #4 2013167573, of the Public Records of Sarasota County, Florida. The Clerk of the Court is hereby authorized and directed to enter this satisfaction of PD. 18464836. 1 Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL record. Executed this 29 Sy of January, 2016. pasty Michael F ty iG 1Esq ida Bar No.6! 162 PHELPS DUNBAR LLP UU SOUT is Drive Suite 1900 Tampa, FI. 33602 Telephone: (813) 472-7550 Facsimile: (813) 4572-7570 Attorneys for Judgment Holders STATE OF FLORIDA COUNTY OF HILLSBOROUGH hb The foregoing instrument was acknowledged before me this = “f day of erehnguse , 2016, by Michael P. Brundage, attorney for Judgment Holders in the above-styled action, [ ¢ known to me or [__] who has produced the following identification: ho sion, [winkis personally Caen £ Corral WANCY E CONRAD Name: (Print) Public - State of Florida ‘Ay ott Conwnission # FF 947291 My Corom. Expires Dec 30, 2019 “oh hrough National Nuiaty Assn Commission No. Commission Expiration Date: 7 PD. 18464836.) Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerkof the Circuit Court, Sarasota County, FL IW OFFIC} %. 60116 61.80.47 INSTRUMENT ® 2012016 41 2 PGtS) PM G1, 20 CLERK OF TH ‘GIRSULT count THIS INSTRUMENT PREPARED BY AND RETURN TO: MICHAEL P. BRUNDAGE Phelps Dunbar LLP (MORAN eReae 100 South Ashley Drive, Suite 1900 Tampa, Florida 33602 a RESERVED FOR CLERK IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION TIBAR, LLC, TERESA BASNIGHT, and MICHAEL BASNIGHT Plaintiffs, CASE NO.: 2008 CA 18070 ¥8 WILLIAMS, PARKER, HARRISON DIETZ & GETZEN, P.A., JOHN MOORE, And TERRI COSTA Defendants. LR EGaY & Pap Uri¥: KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration to the judgment holders, Williams, Parker, Harrison, Dietz & Getzen, P.A., John Moore and Terri Costa (“Judgment Holders”) in hand paid, the receipt of which is hereby acknowledged, the undersigned hereby acknowledges full settlement and payment of that certain Order and Final Judgment On Supplemental Attorneys’ Fees and Costs entered on October 20, 2014 and recorded in Official Records Instrument # 2014125 143, of the Public Records of Sarasota County, Florida. The Clerk of the Court is hereby authorized and directed to enter this PD.18464900. | Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Ce satisfaction of record. Executed this >*/_ day of January. 2016. SO Ne etme, — tn, Lee tmeaheamant Brundage,Es No.61162! lorida Bar PHELPS DUNBAR LLP $00. ee Drive Suite 1900 Tampa, Fl. 33602 Telephone: (813) 472-7550 Facsimile: (813) 4572-7570 Attorneys for Judgment Holders STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this «<> 7 SS of « , , 2016,by Michael P. Brundage, attorney for Judgment Holders in the above-styled action, who is personally known to me or [__] who has produced the following identification: NANCY E. CONRAD Name: (Print) te State of Florida 117994 Commission No. Commission Expiration Date: PD. 18464900. | Filed 02/16/2018 01:53 PM - Karen E. Rushing, Clerkof the Circuit Court, Sarasota County, FL