On June 29, 2015 a
Party Discovery
was filed
involving a dispute between
Srs Distribution Inc,
and
Joyce, James,
Tom Joyce Roofing Inc,
in the District Court of Sarasota County.
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Filing # 47305401 E-Filed 10/05/2016 12:51:20 PM
IN THE COUNTY COURT IN AND FOR
SARASOTA COUNTY, FLORIDA
SRS DISTRIBUTION, INC. F/K/A
SUNCOAST ROOFERS N SUPPLY,
CIVIL DIVISION
Plaintiff,
V.
TOM JOYCE ROOFING, INC. AND JAMES
JOYCE, AS PERSONAL GUARANTOR, et al., CASE NO: 2015-CC-003526 SC
Defendants.
/
MOTION TO QUASH SUBPOENA
Defendants, Tom Joyce Roofing, Inc. And James Joyce, as Personal Guarantor, by
counsel, pursuant to Rule 1.531, Florida Rules Civil Procedure, does hereby move this Court
to quash a subpoena issued upon James Joyce on July 24, 2016 and should also quash service
of the subpoena for the following reasons:
1. First, the subpoena should be quashed because the proposed and actual subpoenas did
not contain the proper notice to the subpoena recipient mandated in Rule 1.531(b),
Florida Civil Procedure Rules.
2. Second, the subpoena should be quashed because the place of production stated in the
subpoena does not comply with the requirements specified in Rule 1.151(c). Specifically,
this section of the Rule states that: (t)he subpoena shall require production only in the
county of the residence of the custodian or other person in possession of the documents
or things or in the county where the documents or things are located or where the
custodian or person in possession usually conducts business.” [emphasis added].
3. The subpoena provided for production in a location that does not meet the requirements
of Rule 1.351(c) and should thus be quashed.
Filed 10/05/2016 01:51 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL4. Fourth, the service of the subpoena should be quashed because service did not meet the
requirements of Rule 1.410(d) and Rule 1.351(c), Florida Rules Civil Procedure.
WHEREFORE, for the reasons stated above, Defendants request that the Capital Bank
Subpoena be quashed.
Dated: October 4, 2016.
siegel Law Firm
Attorney for Defendants
240 North Washington Blvd., Suite 450
Sarasota, Florida 34236
(941) 373-0066 telephone
(941) 373-0099 facsimile
Msiegel@LawSarasota.com correspondence
Msiegel@Legalrla.com document service
/s/_Mark D. Siegel
Mark D. Siegel, Esq.
FBN: 382736
CERTIFICATE OF SERVICE
| certify that a copy hereof has been furnished to Allan M. Stein, Esq., whose addresses are
21490 West Dixie Highway, Aventura, FL 33180 by electronic mail to Ravi@rslawpa.com and
allan@rslawpa.com through the Florida E-Filing Portal this 5" day of October, 2016.
/s/ Mark D. Siegel
Mark D. Siegel, Esq.
Document Filed Date
October 05, 2016
Case Filing Date
June 29, 2015
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Filing # 47305401 E-Filed 10/05/2016 12:51:20 PM IN THE COUNTY COURT IN AND FOR SARASOTA COUNTY, FLORIDA SRS DISTRIBUTION, INC. F/K/A SUNCOAST ROOFERS N SUPPLY, CIVIL DIVISION Plaintiff, V. TOM JOYCE ROOFING, INC. AND JAMES JOYCE, AS PERSONAL GUARANTOR, et al., CASE NO: 2015-CC-003526 SC Defendants. / MOTION TO QUASH SUBPOENA Defendants, Tom Joyce Roofing, Inc. And James Joyce, as Personal Guarantor, by counsel, pursuant to Rule 1.531, Florida Rules Civil Procedure, does hereby move this Court to quash a subpoena issued upon James Joyce on July 24, 2016 and should also quash service of the subpoena for the following reasons: 1. First, the subpoena should be quashed because the proposed and actual subpoenas did not contain the proper notice to the subpoena recipient mandated in Rule 1.531(b), Florida Civil Procedure Rules. 2. Second, the subpoena should be quashed because the place of production stated in the subpoena does not comply with the requirements specified in Rule 1.151(c). Specifically, this section of the Rule states that: (t)he subpoena shall require production only in the county of the residence of the custodian or other person in possession of the documents or things or in the county where the documents or things are located or where the custodian or person in possession usually conducts business.” [emphasis added]. 3. The subpoena provided for production in a location that does not meet the requirements of Rule 1.351(c) and should thus be quashed. Filed 10/05/2016 01:51 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL4. Fourth, the service of the subpoena should be quashed because service did not meet the requirements of Rule 1.410(d) and Rule 1.351(c), Florida Rules Civil Procedure. WHEREFORE, for the reasons stated above, Defendants request that the Capital Bank Subpoena be quashed. Dated: October 4, 2016. siegel Law Firm Attorney for Defendants 240 North Washington Blvd., Suite 450 Sarasota, Florida 34236 (941) 373-0066 telephone (941) 373-0099 facsimile Msiegel@LawSarasota.com correspondence Msiegel@Legalrla.com document service /s/_Mark D. Siegel Mark D. Siegel, Esq. FBN: 382736 CERTIFICATE OF SERVICE | certify that a copy hereof has been furnished to Allan M. Stein, Esq., whose addresses are 21490 West Dixie Highway, Aventura, FL 33180 by electronic mail to Ravi@rslawpa.com and allan@rslawpa.com through the Florida E-Filing Portal this 5" day of October, 2016. /s/ Mark D. Siegel Mark D. Siegel, Esq.