Preview
Filing # 62415567 E-Filed 10/04/2017 04:51:37 PM
2150456
IN THE CIRCUIT COURT OF THE 11™
JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISIDICTION DIVISION
CASE NO,; 16-31411 (41)
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION, INC.
Plaintiff,
VS.
AHE RESTAURANT MANAGEMENT GROUP,
LLC, AND ALL OTHER TENANTS IN POSSESSION,
Defendants,
/
ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC,’S MOTION FOR
DETERMINATION OF MOOTNESS
Plaintiff, ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC.
(“Association”), moves the Court for a Determination of Mootness, on the following grounds:
1. On September 23, 2015, Association filed its Complaint for Non-Residential
Eviction and Possession against Defendant, AHE RESTAURANT MANGEMENT GROUP,
LLC AND ALL OTHER TENANTS IN POSSESSION ("AHE"),
2. Association’s Complaint alleged, inter alia, that:
5. On or about February 24, 2014, the Association and Tenant entered
into a Lease Agreement (“Lease”) whereby the Association agreed to lease
to Tenant the Property. A true and correct copy of the Lease is attached
hereto as Exhibit “A,” and the additional exhibits referred to in the Lease
are attached hereto as Exhibit “B.”
6. Pursuant to Paragraph 2 of the Lease, ‘Tenant was to renovate the
SIEGFRIED, RIVERA, HYMAN, LERNER, DE La TorRE, Mars & SOBEL, P.A., ATTORNEYS AT LAW
201 ALHAMBRA CIRCLE, ELEVENTH FLoor, CORAL GABLES, FL. 33134-5108 * 305-442-3334 * Fax 305-443-3292Property, as reflected in the renderings provided by Tenant, in
consideration for the subsidy of rent by the Association and the term of the
lease.
7. Pursuant to Paragraph 20(a) of the Lease, the failure of the Tenant
to “complete construction of the improvements of the Restaurant, as
evidenced by the issuance of a Certificate of Occupancy or Certificate of
Completion, as applicable, on or before August 31, 2015, is an Event of
Default under the terms of the Lease.”
8, At the time of filing this complaint, the renovation of the Property
has not been completed, pursuant to the exhibit to the lease or any
subsequent rendering submitted, and Tenant is therefore in Default of the
Lease...
10.1 Association served Tenant with a Notice of Termination of
Tenancy on August 31, 2015, A copy of the Notice of Termination and
proof of service is attached hereto...
3. Association sought possession of the Property, the entry of an Order directing the
Clerk of Court to issue a Writ of Possession, and awarding Association attorneys’ fees pursuant
to Article 36 of the Lease, legal costs, and such other further relief as the Court deemed just and
proper.
4. On or about October 1, 2015, AHE abandoned the Property. See Deposition
Transcript of Anna Gulevitskaya (April 25, 2017) Page 112, Lines 24 through Page 113, Line 6,
5. On November 14, 2016 AHE filed its First Amended Answer and Affirmative
Defenses to Association's Complaint. In its Answer, AHE admits: a) that t Association owns and
is the lessor of the Property; b) the existence of a written Lease for the Property; ¢) that as part of
the Lease, AHE was to have made improvements, i.¢., renovated the Property as reflected in the
renderings provided by AHE; d) that AHE's failure to complete the construction of the
improvements to the Property on or before August 31, 2015 as evidenced by a Certificate of
Occupancy or Certificate of Completion , is an event of Default under the terms of the Lease;
and e) that AHE was in fact served with the Notice of Termination of Lease.
-2-
SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA TORRE, MARS & SOBEL, P.A., ATTORNEYS AT LAW
201 ALHAMBRA CIRCLE, ELEVENTH FLOOR, CORAL GABLES, FL. 33134-5108 » 305-442-3334 » Fax 305-443-32926. On or about December 28, 2016, Association served Defendant with a Request for
Admissions. In its January 26, 2017 Response to Association's Request for Admissions, AHE
“[a]dmit[ted] that [it] is not seeking to retake possession of the Leased Premises” and that “[it]
does not seek to recover any furniture, fixtures or other personal property presently found at the
Leased Premises.” Copies of the Request for Admissions and AHE's Response are attached
hereto as Composite Exhibit “A”.!
7. Since AHE abandoned the Property two years ago and admits that it is neither
seeking to re-take possession of the Property or to recover any furniture, fixtures or other
personal property from the Property, AHE is de facto not occupying the Property or seeking to
regain possession of the Property.
8. A case is moot “when it presents no actual controversy or when issues have
ceased to exist.” MacKendree & Co., P.A, v. Pedro Gallinar & Associates, P.A., 979 So. 2d 973
(Fla, 3d DCA 2008).
9. Based on the foregoing facts and law, this Complaint must be deemed moot,
entitling the Association to legal possession and entitling the Association to be deemed the
prevailing party.
WHEREFORE, Plaintiff Arlen House East Condominium Association, Inc. prays this Court enter
an Order concluding that Defendant AHE Restaurant Management Group, LLC has acquiesced to the
demands of Plaintiff and vacated the Property and awarding Plaintiff attorney's fees and costs as
prevailing party pursuant to Article 36 of the Lease, and granting such other and further relief as this
Court deems just and proper.
" AHE sought leave of court to amend its responses to the Request for Admissions, amending these responses from
"admitted" to "denied." The Court denied AHE's motion on June 12, 2017,
-3-
SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA Torre, Mars & SOBEL, P.A., ATTORNEYS AT LAW
201 ALHAMBRA CIRCLE, ELEVENTH FLOOR, CORAL GABLES, FL 33134-5108 * 305-442-3334 » Fax 305-443-3292CERTIFICATE OF SERVICE
J HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed with the Clerk of the Court using Florida e-filing Portal and is being served on: Burton F.
Landau, Esq. and Nima Ajabshir, Esg., South Florida Law, PLLC, 1920 E. Hallandale Beach
Boulevard, Suite 900, Hallandale Beach, Florida 33009 (service@southfloridaplle.com) and
(ourton@southfloridalawplle.com) and Susan H. Aprill, Esq. and Alexandra L. Tifford, Esq.,
Fowler White Burnett, P.A., One Financial Plaza, Suite 2100, 100 Southeast Third Avenue, Fort
Lauderdale, Florida 33394 (saprill@fowler-white.com) and (atifford@fowler-white.com) on this
4" day of October, 2017.
Respectfully submitted,
SIEGFRIED, RIVERA, HYMAN, LERNER,
DE LA TORRE, MARS & SOBEL, P.A.
Attorneys for Plaintiff
201 Alhambra Circle, Eleventh Floor
Coral Gables, FL 33134-5108
Telephone: (305) 442-3334
Facsimile: (305) 443-3292
Email: sgarrett@srhl-law.com
By: Shari Wald Gannett —
Shari Wald Garrett, Esq.
Florida Bar Number: 0497835
SGarrett@srhl-law.com
GWoods@srhl-law.com
H:ALIBRARY\CASES\7046\2150456\3EI3269,DOCX
-4-
SIEGFRIED, RIVERA, HYMAN, LERNER, De LA TORRE, MARS & SOBEL, P.A., ATTORNEYS AT LAW
201 ALHAMBRA CIRCLE, ELEVENTH FLOOR, CORAL GABLES, FL 33134-5108 * 305-442-3334 * Fax 305-443-3292EXHIBIT “A”. Filing # 50548225 E-Filed 12/28/2016 11:59:38 AM
IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 16-31411 CA (41)
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION, INC.,
Plaintiff,
Vv.
AHE RESTAURANT MANAGEMENT
GROUP, LLC AND ALL OTHER TENANTS
IN POSSESSION,
Defendant/Counterclaimant,
Vv.
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION, INC.,
Counterdefendant,
PLAINTIFF/COUNTER-DEFENDANT'S FIRST REQUEST FOR
ADMISSIONS TO DEFEND, /COUNTERCLAI
Plaintiff/Counter-Defendant Arlen House East Condominium Association, Inc. ("Arlen"),
hereby serves its First Request for Admissions on Defendant/Counter-Claimant, AHE Restaurant
Management Group, LLC ("AHE") to be responded to within thirty (30) days from the date of
service.
1. Admit that AHE is not seeking to retake possession of the 'Leased Premises.
2. Admit that AHE does not seek to recover any furniture, fixtures or other personal
property presently found at the Leased Premises.
' ‘The restaurant on the lobby floor of the Arlen House East Condominium at 100 Bayview Dr., Sunny
Isles, FL 33160 that is the subject of the Restaurant Lease Agreement dated February 24, 2014 between the parties
attached as Exhibit "A" to the Complaint.
FOWLER WHITE BURNETT P.A.CASE NO, 16-31411 CA (41)
3. Admit that AHE does not seek to recover any furniture, fixtures or other personal
property that was left at the Leased Premises when it last occupied or visited the Leased
Premises.
4, Admit that AHE seeks damages for lost profits plus attorneys’ fees and costs.as its
sole remedy in this action.
Respectively submitted,
s/, Susan H, Aprill
Susan H. Aprill
Fla, Bar No. 346934
Email: saprill@fowler-white.com
Alexandra L. Tifford
Fla. Bar No. 0178624
Email: atifford@fowler-white.com
FOWLER WHITE BURNETT, P.A.
One Financial Plaza, Suite 2100
100 Southeast Third Avenue
Fort Lauderdale, FL 33394
Telephone: (954) 377-8100
Facsimile: (954) 377-8101
Attorneys to Plaintiff/Counter-Defendant Arlen House
East Condominium Association, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 28, 2016, the foregoing was electronically filed
with the Clerk of the Court using Florida e-filing portal & is being served on Burton F. Landau,
burton@southfloridalawpllc.com, Nima Ajabshir, nima@southfloridalawplic.com. and
service@southfloridapllc.com; South Florida‘Law, PLLC, 1920 E. Hallandale Beach Blvd.,
Suite 900, Hallandale Beach, FL 33009, and Shari Waid Garrett, sgarrett@srhl-law.com,
Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., 201 Alhambra Cir #1102,
-2-
FOWLER WHITE BURNETT P.A.CASE NO. 16-31411 CA (41)
Coral Gables, FL 33134, by transmission of Notices of Electronic Filing generated by the Florida
e-filing portal.
s/. Susan H. Aprill
4842-0914-2335, v. 1
-3-
FOWLER WHITE BURNETT PA.Filing # 51661712 E-Filed 01/26/2017 10:58:07 AM
IN THE COUNTY COURT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 16-31411 CA (41)
ARLEN HOUSE EAST CONDOMINIUM
ASSOCIATION INC.,
Plaintiff,
v.
AHE RESTAURANT MANAGEMENT
GROUP, LLC & ALL OTHER TENANTS
IN POSSESSION,
Defendants.
DEFENDANT/COUNTER-PLAINTIFEF’S RESPONSE TO FIRST REQUEST FOR
ADMISSIONS TO PLAINTIFE/COUNTER-DEFENDANT
Defendant/Counter-Plaintiff, AHE Restaurant Management Group, LLC & All Other Tenants in
Possession, (“Defendant”) respond to Plaintiff/Counter-Defendant’s First Request for Admissions
served by Plaintiff/Counter-Defendant, Arlen House East Condominium Association Inc. (“Plaintiff”),
and state:
Specific Responses to Request
1. Admit that AHE is not seeking to retake possession of the Leased Premises.
ADMITTED.
2. Admit that AHE does not seek to recover any furniture, fixtures or other personal property
presently found at the Leased Premises.
ADMITTED.3. Admit that AHE does not seek to recover any furniture, fixtures or other personal
property that was lefi at the Leased Premises when it last occupied or visited the
Leased Premises.
ADMITTED.
4. Admit that AHE seeks damages for lost profits plus attorneys' fees and costs as its
sole remedy in this action,
ADMITTED.
Respectfully submitted,
By: s/ Nima Ajabshir
F.B.N. 111884
Nima@southfloridalawplle.com
Burton Landau, Esq.
Burton@southfloridalawplie.com
South Florida Law, PLLC.
1920 E. Hallandale Beach Blvd.
Ste 900
Hallandale Beach, FL 33009
Tel: 954-900-8885
Fax: 954-900-8886
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been served
via electronic delivery to the attorneys’ for AHECA, Plaintiff: Susan H. Aprill & Alexandra
L. Tifford, FOWLER WHITE BURNETT, P.A. One Financial Plaza, Suite 2100 100
Southeast Third Avenue, Fort Lauderdale, FL 33394, Elizabeth A. Bower & Shari Wald
Garrett, Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., 201 Alhambra
Circle, Suite 1102, Coral Gables, Florida 33134, on this 26th day of January, 2017.
s/ Nima Ajabshir
Nima Ajabshir, Esq.
2
Preview
Filing # 62415567 E-Filed 10/04/2017 04:51:37 PM 2150456 IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISIDICTION DIVISION CASE NO,; 16-31411 (41) ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC. Plaintiff, VS. AHE RESTAURANT MANAGEMENT GROUP, LLC, AND ALL OTHER TENANTS IN POSSESSION, Defendants, / ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC,’S MOTION FOR DETERMINATION OF MOOTNESS Plaintiff, ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC. (“Association”), moves the Court for a Determination of Mootness, on the following grounds: 1. On September 23, 2015, Association filed its Complaint for Non-Residential Eviction and Possession against Defendant, AHE RESTAURANT MANGEMENT GROUP, LLC AND ALL OTHER TENANTS IN POSSESSION ("AHE"), 2. Association’s Complaint alleged, inter alia, that: 5. On or about February 24, 2014, the Association and Tenant entered into a Lease Agreement (“Lease”) whereby the Association agreed to lease to Tenant the Property. A true and correct copy of the Lease is attached hereto as Exhibit “A,” and the additional exhibits referred to in the Lease are attached hereto as Exhibit “B.” 6. Pursuant to Paragraph 2 of the Lease, ‘Tenant was to renovate the SIEGFRIED, RIVERA, HYMAN, LERNER, DE La TorRE, Mars & SOBEL, P.A., ATTORNEYS AT LAW 201 ALHAMBRA CIRCLE, ELEVENTH FLoor, CORAL GABLES, FL. 33134-5108 * 305-442-3334 * Fax 305-443-3292Property, as reflected in the renderings provided by Tenant, in consideration for the subsidy of rent by the Association and the term of the lease. 7. Pursuant to Paragraph 20(a) of the Lease, the failure of the Tenant to “complete construction of the improvements of the Restaurant, as evidenced by the issuance of a Certificate of Occupancy or Certificate of Completion, as applicable, on or before August 31, 2015, is an Event of Default under the terms of the Lease.” 8, At the time of filing this complaint, the renovation of the Property has not been completed, pursuant to the exhibit to the lease or any subsequent rendering submitted, and Tenant is therefore in Default of the Lease... 10.1 Association served Tenant with a Notice of Termination of Tenancy on August 31, 2015, A copy of the Notice of Termination and proof of service is attached hereto... 3. Association sought possession of the Property, the entry of an Order directing the Clerk of Court to issue a Writ of Possession, and awarding Association attorneys’ fees pursuant to Article 36 of the Lease, legal costs, and such other further relief as the Court deemed just and proper. 4. On or about October 1, 2015, AHE abandoned the Property. See Deposition Transcript of Anna Gulevitskaya (April 25, 2017) Page 112, Lines 24 through Page 113, Line 6, 5. On November 14, 2016 AHE filed its First Amended Answer and Affirmative Defenses to Association's Complaint. In its Answer, AHE admits: a) that t Association owns and is the lessor of the Property; b) the existence of a written Lease for the Property; ¢) that as part of the Lease, AHE was to have made improvements, i.¢., renovated the Property as reflected in the renderings provided by AHE; d) that AHE's failure to complete the construction of the improvements to the Property on or before August 31, 2015 as evidenced by a Certificate of Occupancy or Certificate of Completion , is an event of Default under the terms of the Lease; and e) that AHE was in fact served with the Notice of Termination of Lease. -2- SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA TORRE, MARS & SOBEL, P.A., ATTORNEYS AT LAW 201 ALHAMBRA CIRCLE, ELEVENTH FLOOR, CORAL GABLES, FL. 33134-5108 » 305-442-3334 » Fax 305-443-32926. On or about December 28, 2016, Association served Defendant with a Request for Admissions. In its January 26, 2017 Response to Association's Request for Admissions, AHE “[a]dmit[ted] that [it] is not seeking to retake possession of the Leased Premises” and that “[it] does not seek to recover any furniture, fixtures or other personal property presently found at the Leased Premises.” Copies of the Request for Admissions and AHE's Response are attached hereto as Composite Exhibit “A”.! 7. Since AHE abandoned the Property two years ago and admits that it is neither seeking to re-take possession of the Property or to recover any furniture, fixtures or other personal property from the Property, AHE is de facto not occupying the Property or seeking to regain possession of the Property. 8. A case is moot “when it presents no actual controversy or when issues have ceased to exist.” MacKendree & Co., P.A, v. Pedro Gallinar & Associates, P.A., 979 So. 2d 973 (Fla, 3d DCA 2008). 9. Based on the foregoing facts and law, this Complaint must be deemed moot, entitling the Association to legal possession and entitling the Association to be deemed the prevailing party. WHEREFORE, Plaintiff Arlen House East Condominium Association, Inc. prays this Court enter an Order concluding that Defendant AHE Restaurant Management Group, LLC has acquiesced to the demands of Plaintiff and vacated the Property and awarding Plaintiff attorney's fees and costs as prevailing party pursuant to Article 36 of the Lease, and granting such other and further relief as this Court deems just and proper. " AHE sought leave of court to amend its responses to the Request for Admissions, amending these responses from "admitted" to "denied." The Court denied AHE's motion on June 12, 2017, -3- SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA Torre, Mars & SOBEL, P.A., ATTORNEYS AT LAW 201 ALHAMBRA CIRCLE, ELEVENTH FLOOR, CORAL GABLES, FL 33134-5108 * 305-442-3334 » Fax 305-443-3292CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Clerk of the Court using Florida e-filing Portal and is being served on: Burton F. Landau, Esq. and Nima Ajabshir, Esg., South Florida Law, PLLC, 1920 E. Hallandale Beach Boulevard, Suite 900, Hallandale Beach, Florida 33009 (service@southfloridaplle.com) and (ourton@southfloridalawplle.com) and Susan H. Aprill, Esq. and Alexandra L. Tifford, Esq., Fowler White Burnett, P.A., One Financial Plaza, Suite 2100, 100 Southeast Third Avenue, Fort Lauderdale, Florida 33394 (saprill@fowler-white.com) and (atifford@fowler-white.com) on this 4" day of October, 2017. Respectfully submitted, SIEGFRIED, RIVERA, HYMAN, LERNER, DE LA TORRE, MARS & SOBEL, P.A. Attorneys for Plaintiff 201 Alhambra Circle, Eleventh Floor Coral Gables, FL 33134-5108 Telephone: (305) 442-3334 Facsimile: (305) 443-3292 Email: sgarrett@srhl-law.com By: Shari Wald Gannett — Shari Wald Garrett, Esq. Florida Bar Number: 0497835 SGarrett@srhl-law.com GWoods@srhl-law.com H:ALIBRARY\CASES\7046\2150456\3EI3269,DOCX -4- SIEGFRIED, RIVERA, HYMAN, LERNER, De LA TORRE, MARS & SOBEL, P.A., ATTORNEYS AT LAW 201 ALHAMBRA CIRCLE, ELEVENTH FLOOR, CORAL GABLES, FL 33134-5108 * 305-442-3334 * Fax 305-443-3292EXHIBIT “A”. Filing # 50548225 E-Filed 12/28/2016 11:59:38 AM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 16-31411 CA (41) ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC., Plaintiff, Vv. AHE RESTAURANT MANAGEMENT GROUP, LLC AND ALL OTHER TENANTS IN POSSESSION, Defendant/Counterclaimant, Vv. ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION, INC., Counterdefendant, PLAINTIFF/COUNTER-DEFENDANT'S FIRST REQUEST FOR ADMISSIONS TO DEFEND, /COUNTERCLAI Plaintiff/Counter-Defendant Arlen House East Condominium Association, Inc. ("Arlen"), hereby serves its First Request for Admissions on Defendant/Counter-Claimant, AHE Restaurant Management Group, LLC ("AHE") to be responded to within thirty (30) days from the date of service. 1. Admit that AHE is not seeking to retake possession of the 'Leased Premises. 2. Admit that AHE does not seek to recover any furniture, fixtures or other personal property presently found at the Leased Premises. ' ‘The restaurant on the lobby floor of the Arlen House East Condominium at 100 Bayview Dr., Sunny Isles, FL 33160 that is the subject of the Restaurant Lease Agreement dated February 24, 2014 between the parties attached as Exhibit "A" to the Complaint. FOWLER WHITE BURNETT P.A.CASE NO, 16-31411 CA (41) 3. Admit that AHE does not seek to recover any furniture, fixtures or other personal property that was left at the Leased Premises when it last occupied or visited the Leased Premises. 4, Admit that AHE seeks damages for lost profits plus attorneys’ fees and costs.as its sole remedy in this action. Respectively submitted, s/, Susan H, Aprill Susan H. Aprill Fla, Bar No. 346934 Email: saprill@fowler-white.com Alexandra L. Tifford Fla. Bar No. 0178624 Email: atifford@fowler-white.com FOWLER WHITE BURNETT, P.A. One Financial Plaza, Suite 2100 100 Southeast Third Avenue Fort Lauderdale, FL 33394 Telephone: (954) 377-8100 Facsimile: (954) 377-8101 Attorneys to Plaintiff/Counter-Defendant Arlen House East Condominium Association, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 28, 2016, the foregoing was electronically filed with the Clerk of the Court using Florida e-filing portal & is being served on Burton F. Landau, burton@southfloridalawpllc.com, Nima Ajabshir, nima@southfloridalawplic.com. and service@southfloridapllc.com; South Florida‘Law, PLLC, 1920 E. Hallandale Beach Blvd., Suite 900, Hallandale Beach, FL 33009, and Shari Waid Garrett, sgarrett@srhl-law.com, Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., 201 Alhambra Cir #1102, -2- FOWLER WHITE BURNETT P.A.CASE NO. 16-31411 CA (41) Coral Gables, FL 33134, by transmission of Notices of Electronic Filing generated by the Florida e-filing portal. s/. Susan H. Aprill 4842-0914-2335, v. 1 -3- FOWLER WHITE BURNETT PA.Filing # 51661712 E-Filed 01/26/2017 10:58:07 AM IN THE COUNTY COURT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 16-31411 CA (41) ARLEN HOUSE EAST CONDOMINIUM ASSOCIATION INC., Plaintiff, v. AHE RESTAURANT MANAGEMENT GROUP, LLC & ALL OTHER TENANTS IN POSSESSION, Defendants. DEFENDANT/COUNTER-PLAINTIFEF’S RESPONSE TO FIRST REQUEST FOR ADMISSIONS TO PLAINTIFE/COUNTER-DEFENDANT Defendant/Counter-Plaintiff, AHE Restaurant Management Group, LLC & All Other Tenants in Possession, (“Defendant”) respond to Plaintiff/Counter-Defendant’s First Request for Admissions served by Plaintiff/Counter-Defendant, Arlen House East Condominium Association Inc. (“Plaintiff”), and state: Specific Responses to Request 1. Admit that AHE is not seeking to retake possession of the Leased Premises. ADMITTED. 2. Admit that AHE does not seek to recover any furniture, fixtures or other personal property presently found at the Leased Premises. ADMITTED.3. Admit that AHE does not seek to recover any furniture, fixtures or other personal property that was lefi at the Leased Premises when it last occupied or visited the Leased Premises. ADMITTED. 4. Admit that AHE seeks damages for lost profits plus attorneys' fees and costs as its sole remedy in this action, ADMITTED. Respectfully submitted, By: s/ Nima Ajabshir F.B.N. 111884 Nima@southfloridalawplle.com Burton Landau, Esq. Burton@southfloridalawplie.com South Florida Law, PLLC. 1920 E. Hallandale Beach Blvd. Ste 900 Hallandale Beach, FL 33009 Tel: 954-900-8885 Fax: 954-900-8886 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been served via electronic delivery to the attorneys’ for AHECA, Plaintiff: Susan H. Aprill & Alexandra L. Tifford, FOWLER WHITE BURNETT, P.A. One Financial Plaza, Suite 2100 100 Southeast Third Avenue, Fort Lauderdale, FL 33394, Elizabeth A. Bower & Shari Wald Garrett, Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A., 201 Alhambra Circle, Suite 1102, Coral Gables, Florida 33134, on this 26th day of January, 2017. s/ Nima Ajabshir Nima Ajabshir, Esq. 2