On June 21, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Llerena, Roberto,
Llerena, Xiomara,
and
Andres Quintana Inc,
Learning And Growing Family Child Care,
Quintana Family Day Care Home,
for Comm Premises Liability
in the District Court of Miami-Dade County.
Preview
Filing # 62060087 E-Filed 09/27/2017 12:04:58 PM
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
XIOMARA LLERENA and ROBERTO GENERAL JURISDICTION DIVISION
LLERENA,
Case No: 17-014926 CA (31)
Plaintiffs,
Florida Bar No: 0008486
vs,
ANDRES QUINTANA INC, d/b/a
QUINTANA FAMILY DAY CARE
HOME a/k/a LEARNING AND
GROWING FAMILY CHILD CARE,
Defendant.
/
MOTION TO STRIKE OR FOR
MORE DEFINITE STATEMENT
COMES NOW the Plaintiff, XIOMARA LLERENA and ROBERTO LLERENA, by and
through undersigned counsel and pursuant to Rule 1.370, Florida Rules of Civil Procedure, and
moves this Court to Strike the Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA
FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE,,
Affirmative Defense #1 or to compel the Defendant to provide a more definite statement to said
Affirmative Defenses and as grounds states:
1, The Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY
CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, filed
its answer to the Plaintiff's Complaint and Affirmative Defenses.
2. The Plaintiff moves to strike the Defendant's Affirmative Defense numbered #1.
3. As to Affirmative Defense number #1, Defendant claims the Plaintiff fails to state a
cause of action in that they fail to allege any duty owed to the Plaintiff.Case No: 17-014926 CA GI)
4, Clearly, upon review of the Complaint in this case the aforementioned Affirmative
Defenses have no basis in law or fact, Under Florida law the Defendant must support
conclusion of law by allegations of ultimate fact. Swan v, Treadwell, et al, 2 Fla L.
Weekly Supp. 259, Bliss v. Carnona, 418 So.2d i017(Fla 3rd DCA 1982), Zito_v.
Washington Federal Savings & Loan Association of Miami Beach, 318 So.2d 175
(Fla 3rd DCA 1975).
WHEREFORE, the Plaintiff prays that this Honorable Court enter an Order granting the
striking of Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE
HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, Affirmative Defense
listed herein and/or to provide a more definite stalement as to this Affirmative Defense. The
Plaintiff fiwther demands any and all other relief that the Court deems just and proper.
CERTIFUCATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
¥
U.S. Mail on this day of September, 2017 to Heather M. Calhoon, Esq., Luks, Santaniello,
Petrillo & Jones, 150 West Flagler Street, Suite 2750, Miami, FJ 33130;
Healhoon@insurancedefense. net; ccarrero@insurancedefense net
FRIEDLAND LAW GROUP
1430 South Dixie Hwy., Suite 305
Coral Gables, Floridg 33146
Tel: (305) 661-2008
Fax: (305) 661-2001
Document Filed Date
September 27, 2017
Case Filing Date
June 21, 2017
Category
Comm Premises Liability
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Filing # 62060087 E-Filed 09/27/2017 12:04:58 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA XIOMARA LLERENA and ROBERTO GENERAL JURISDICTION DIVISION LLERENA, Case No: 17-014926 CA (31) Plaintiffs, Florida Bar No: 0008486 vs, ANDRES QUINTANA INC, d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, Defendant. / MOTION TO STRIKE OR FOR MORE DEFINITE STATEMENT COMES NOW the Plaintiff, XIOMARA LLERENA and ROBERTO LLERENA, by and through undersigned counsel and pursuant to Rule 1.370, Florida Rules of Civil Procedure, and moves this Court to Strike the Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE,, Affirmative Defense #1 or to compel the Defendant to provide a more definite statement to said Affirmative Defenses and as grounds states: 1, The Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, filed its answer to the Plaintiff's Complaint and Affirmative Defenses. 2. The Plaintiff moves to strike the Defendant's Affirmative Defense numbered #1. 3. As to Affirmative Defense number #1, Defendant claims the Plaintiff fails to state a cause of action in that they fail to allege any duty owed to the Plaintiff.Case No: 17-014926 CA GI) 4, Clearly, upon review of the Complaint in this case the aforementioned Affirmative Defenses have no basis in law or fact, Under Florida law the Defendant must support conclusion of law by allegations of ultimate fact. Swan v, Treadwell, et al, 2 Fla L. Weekly Supp. 259, Bliss v. Carnona, 418 So.2d i017(Fla 3rd DCA 1982), Zito_v. Washington Federal Savings & Loan Association of Miami Beach, 318 So.2d 175 (Fla 3rd DCA 1975). WHEREFORE, the Plaintiff prays that this Honorable Court enter an Order granting the striking of Defendant, ANDRES QUINTANA INC. d/b/a QUINTANA FAMILY DAY CARE HOME a/k/a LEARNING AND GROWING FAMILY CHILD CARE, Affirmative Defense listed herein and/or to provide a more definite stalement as to this Affirmative Defense. The Plaintiff fiwther demands any and all other relief that the Court deems just and proper. CERTIFUCATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via ¥ U.S. Mail on this day of September, 2017 to Heather M. Calhoon, Esq., Luks, Santaniello, Petrillo & Jones, 150 West Flagler Street, Suite 2750, Miami, FJ 33130; Healhoon@insurancedefense. net; ccarrero@insurancedefense net FRIEDLAND LAW GROUP 1430 South Dixie Hwy., Suite 305 Coral Gables, Floridg 33146 Tel: (305) 661-2008 Fax: (305) 661-2001