On August 04, 2017 a
Answer
was filed
involving a dispute between
Depau, Vincenzo,
and
Board Of Miami-Dade County Commissioners,
College Health Ii Gp Inc,
Feeney, Dwight J,
Fl Dept Of Revenue,
Harding Investments Llc,
Harris, Layne,
Miami Design Preservation League,
Ocean Bank,
Raijman Realty Inc,
Rose, Ivor H,
Starr, Rita,
Stengel, Paul,
Stern, Layne Harris,
Stern, Michael,
United States Of America Dept Of Justice,
United States Of America Dept Of The Treasury,
Zamyatin, Semone,
for RPMF -Commercial ($250,000 or more)
in the District Court of Miami-Dade County.
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Filing # 74636555 E-Filed 07/09/2018 01:51:21 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
VINCENZO DEPAU,
Plaintiff,
v.
Case No. 2017-01893 1-CA-01
MICHAEL STERN, LAYNE HARRIS
STERN, and IVOR H. ROSE
Defendants.
PLAINTIFF’S ANSWER TO DEFENDANT IVOR H. ROSE’S COUNTERCLAIM
Plaintiff Vincenzo DePau (“DePau”) responds to Defendant Ivor H. Rose’s Counterclaim
as follows:
JURISDICTION AND VENUE
1 Admit.
2. Admit
3 Admit.
4. Admit
5 Admit.
6. Without knowledge thereof and therefore denied.
7. Without knowledge thereof and therefore denied
8. DePau denies liability but admits the Counterclaim seeks to recover an amount
within the jurisdictional limits of this Court.FACTUAL BACKGROUND
9. Admit
10. Admit.
11 Without knowledge that Defendant Michael Stern’s (“Stern”) admissions were in
relation to the mortgages at issue in this litigation and therefore denied.
12 Admit
13. Denied that there is nothing in the record to authorize Stern to receive loan
proceeds from the loans at issue in this litigation.
14. Without knowledge sufficient to admit or deny.
COUNT I: QUIET TITLE UNDER FLA. STAT. § 65.061
15. DePau re-answers the Counterclaim in the matter set forth in paragraphs 1 — 14.
16. Admit that the Counterclaim purports to set forth a claim to quiet title.
17 Denied that the mortgage is null and void as to Stern and co-obligor Layne Harris
Stern (“Harris”). Harris is jointly liable on the Mortgage, used her notary stamp to notarize the
same. Admit that no monies or benefit(s) were ever given to Rose in exchange for the Mortgage.
18. Denied.
COUNT Ii: SLANDER OF TITLE
19. DePau re-answers the Counterclaim in the matter set forth in paragraphs 1 — 14.
20 Admit to the extent the mortgage affects Rose’s interest in the Property. Denied as
to Stern and Harris.
21 Denied
22. Denied.
23 Denied
Page 2 of 424. Denied.
25 Denied
AFFIRMATIVE DEFENSES
1. Failure to state a cause of action upon which relief can be granted. Rose fails to
adequately plead a basis upon which relief can be granted and fails to allege with specificity any
factual allegations to establish the requisite elements of his claims.
2. Failure to Mitigate. Rose failed to mitigate any of the damages he allegedly
sustained, and any damages actually sustained should be proportionately reduced.
3 Damages caused by third parties. The damages of which Rose complains were
caused by Stern and Harris and through no fault whatsoever of DePau. Accordingly, Rose’s
damages should be proportionately reduced.
4. Rose’s own negligence. Rose’s asserted damages, if any, were caused by his own
negligence and should be proportionately reduced
5 Good faith. DePau at all times acted in good faith and with neither knowledge as
to the allegations in Rose’s Counterclaim nor with malice towards Rose.
6. Failure to plead special damages. Rose failed to plead special damages.
RESERVATION OF RIGHT TO AMEND
DePau reserves the right to amend this pleading. Specifically, material portions of this
pleading, particularly those relating to Rose’s status as a victim and his lack of awareness of the
obligations that are the subject to this litigation, were made on the basis of the record as it exists
today. If the answers contained herein become refuted by credible evidence, DePau will seek to
amend this Answer so that this litigation can be resolved in a matter consistent with its merits and
equity.
Page 3 of 4DEMAND FOR JURY TRIAL
DePau does not object to Rose’s demand for a jury trial and request the same with regards
to his Affirmative Defenses.
Respectfully submitted,
July 9, 2018 CAREY RODRIGUEZ MILIAN GONYA, LLP
By: /s/ Ruben Conitzer, Esq.
Ruben Conitzer (Fla. Bar No. 100907)
Email: rconitzer@careyrodriguez.com
Secondary: cperez@careyrodriguez.com
David P. Milian (Fla. Bar No. 844421)
Email: dmilian@careyrodriguez.com
Secondary: djuarez@careyrodriguez.com
1395 Brickell Avenue, Suite 700
Miami, FL 33131
Telephone: (305) 372-7474
Facsimile: (305) 372-7475
Attorneys for Plaintiff Vincenzo DePau
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 9, 2018, a true and correct copy of the foregoing was
served upon all parties in this action vie the Court’s ePortal system, except for Defendant Michael
Stern who was served via U.S. mail at (Register No. 97980-04), c/o Federal Butner Medical
Facility, 3000 Old North Carolina Highway 75, Butner, NC 27509.
By: /s/ Ruben Conitzer, Esq.
Ruben Conitzer (Fla. Bar No. 100907)
Page 4 of 4
Document Filed Date
July 09, 2018
Case Filing Date
August 04, 2017
Category
RPMF -Commercial ($250,000 or more)
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Filing # 74636555 E-Filed 07/09/2018 01:51:21 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA VINCENZO DEPAU, Plaintiff, v. Case No. 2017-01893 1-CA-01 MICHAEL STERN, LAYNE HARRIS STERN, and IVOR H. ROSE Defendants. PLAINTIFF’S ANSWER TO DEFENDANT IVOR H. ROSE’S COUNTERCLAIM Plaintiff Vincenzo DePau (“DePau”) responds to Defendant Ivor H. Rose’s Counterclaim as follows: JURISDICTION AND VENUE 1 Admit. 2. Admit 3 Admit. 4. Admit 5 Admit. 6. Without knowledge thereof and therefore denied. 7. Without knowledge thereof and therefore denied 8. DePau denies liability but admits the Counterclaim seeks to recover an amount within the jurisdictional limits of this Court.FACTUAL BACKGROUND 9. Admit 10. Admit. 11 Without knowledge that Defendant Michael Stern’s (“Stern”) admissions were in relation to the mortgages at issue in this litigation and therefore denied. 12 Admit 13. Denied that there is nothing in the record to authorize Stern to receive loan proceeds from the loans at issue in this litigation. 14. Without knowledge sufficient to admit or deny. COUNT I: QUIET TITLE UNDER FLA. STAT. § 65.061 15. DePau re-answers the Counterclaim in the matter set forth in paragraphs 1 — 14. 16. Admit that the Counterclaim purports to set forth a claim to quiet title. 17 Denied that the mortgage is null and void as to Stern and co-obligor Layne Harris Stern (“Harris”). Harris is jointly liable on the Mortgage, used her notary stamp to notarize the same. Admit that no monies or benefit(s) were ever given to Rose in exchange for the Mortgage. 18. Denied. COUNT Ii: SLANDER OF TITLE 19. DePau re-answers the Counterclaim in the matter set forth in paragraphs 1 — 14. 20 Admit to the extent the mortgage affects Rose’s interest in the Property. Denied as to Stern and Harris. 21 Denied 22. Denied. 23 Denied Page 2 of 424. Denied. 25 Denied AFFIRMATIVE DEFENSES 1. Failure to state a cause of action upon which relief can be granted. Rose fails to adequately plead a basis upon which relief can be granted and fails to allege with specificity any factual allegations to establish the requisite elements of his claims. 2. Failure to Mitigate. Rose failed to mitigate any of the damages he allegedly sustained, and any damages actually sustained should be proportionately reduced. 3 Damages caused by third parties. The damages of which Rose complains were caused by Stern and Harris and through no fault whatsoever of DePau. Accordingly, Rose’s damages should be proportionately reduced. 4. Rose’s own negligence. Rose’s asserted damages, if any, were caused by his own negligence and should be proportionately reduced 5 Good faith. DePau at all times acted in good faith and with neither knowledge as to the allegations in Rose’s Counterclaim nor with malice towards Rose. 6. Failure to plead special damages. Rose failed to plead special damages. RESERVATION OF RIGHT TO AMEND DePau reserves the right to amend this pleading. Specifically, material portions of this pleading, particularly those relating to Rose’s status as a victim and his lack of awareness of the obligations that are the subject to this litigation, were made on the basis of the record as it exists today. If the answers contained herein become refuted by credible evidence, DePau will seek to amend this Answer so that this litigation can be resolved in a matter consistent with its merits and equity. Page 3 of 4DEMAND FOR JURY TRIAL DePau does not object to Rose’s demand for a jury trial and request the same with regards to his Affirmative Defenses. Respectfully submitted, July 9, 2018 CAREY RODRIGUEZ MILIAN GONYA, LLP By: /s/ Ruben Conitzer, Esq. Ruben Conitzer (Fla. Bar No. 100907) Email: rconitzer@careyrodriguez.com Secondary: cperez@careyrodriguez.com David P. Milian (Fla. Bar No. 844421) Email: dmilian@careyrodriguez.com Secondary: djuarez@careyrodriguez.com 1395 Brickell Avenue, Suite 700 Miami, FL 33131 Telephone: (305) 372-7474 Facsimile: (305) 372-7475 Attorneys for Plaintiff Vincenzo DePau CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 9, 2018, a true and correct copy of the foregoing was served upon all parties in this action vie the Court’s ePortal system, except for Defendant Michael Stern who was served via U.S. mail at (Register No. 97980-04), c/o Federal Butner Medical Facility, 3000 Old North Carolina Highway 75, Butner, NC 27509. By: /s/ Ruben Conitzer, Esq. Ruben Conitzer (Fla. Bar No. 100907) Page 4 of 4