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Filing # 53957066 E-Filed 03/20/2017 03:55:20 PM
IN THE COUNTY COURT OF THE
41TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
Central Therapy Center, Inc. a/a/o CASE NO.: 14-2253-CC-26 (3)
Eriche Garcia,
‘ FLA. BAR NO.: 28008
Plaintiff,
v. CL #: 13-3050124
Matter #: 143991
Progressive Select Insurance Company,
Defendant.
DEFENDANT’S MOTION TO TAKE JUDICIAL NOTICE
Defendant, Progressive Select Insurance Company, by and through the
undersigned attorney, pursuant to §§ 90.201, 90.202, and 90.203 Fla. Stat., hereby files
this Motion for Judicial Notice and in support of its Motion states:
41. Plaintiff sued Defendant for alleged non-payment of PIP benefits.
2. Plaintiff's owner and its employees were prosecuted by the State Attorney
for the Eleventh Judicial Circuit for fraud and related offenses.
3. Carlos Sanchez, Plaintiff's owner, was found guilty of Grand Theft, a third
degree felony, and placed on probation for his involvement in case
number F14-3897B.
4, Defendant seeks judicial notice of the Court records attached to this
Motion. Exhibit A is a true and accurate copy of the Finding of Guilt in
State v. Carlos Alberto Sanchez, Case No. F14-3897B. The document isalso recorded in the Official Records of Miami-Dade County Book 30436,
page 1619.
5. Florida Evidence Code § 202.6 permits the Court to take judicial notice of
judicial records from this and other courts. E.g. Hunt v. State, 613 So. 2d
893, 898 n.5 (Fla. 1992); Falls v. Nat'l Envtl. Prods., 665 So. 2d 320 (Fla
4th DCA 1995).
6. Further, “Judicial notice may be taken of all judicial records.” Allstate Ins.
Co. v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482, 483 (Fla. 4th DCA
1991).
WHEREFORE, on the basis of the above and foregoing grounds, Defendant,
Progressive Select Insurance Company, respectfully requests this Honorable Court to
enter an order granting Defendant's Motion and any other relief the Court deems just
and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent
via email on March 20, 2017, to: service@corredorhusseinilaw.com, Maria
Corredor, Esq.,Law Offices of Corredor, Husseini & Snedaker, P.A.
Beighley, Myrick, Udell & Lynne, PA
Attorneys for Defendant
150 West Flagler Street
Suite 1800
Miami, FL 33130
(305) 349-3930 — Phone
notice66@bmulaw.com (R. 2.516 Designated E-mail)
By: /s/
Jeffrey M. Kolokoff, Esq.
jkolokoff@bmulaw.com
Claim No.: 13-3050124
Adjuster: Danielle MelgarEXHIBIT AMiami-Dade Official Records - Print Document
{INTHE GIRCUTT COURT OF THE ELEVENTH JUDICIAL CRCUIT IN AND FORMAMIDADE COUNTY, FLORIDA 388,
CLOCK IN
CRIMINAL. FINDING OF GUILT AND ORDER OF
WITHHOLDING ADJUDICATION/SPECIAL
DIVISION CONDITIONS.
‘THE STATE OF FLORIDA vB.
DARELYS VALDEZ GRANADO
PLAINTIFF _ DEFENDANT
‘CASE NUMBER: F14003897F
Darelys Valdez
IT APPEARING UNTO THE COURT that the defendant beirig personally batore the court accompanied by his/her
‘ attorney, ANGEL ‘RUIZ, PA for JOSE RICARDO IGLESIA, PA has been found guilty of the charge of
‘COUNT CRIME
. __. DEGREE ¢
17” INSURANCE CLAIMSIFALSE, FRAUDULENT ar
3 ORGANIZED FRAUD/S20,000 OR LESS. ‘ uF
by the court upon the entry of a guilty plea
‘and it appearing unto the court, upon a hearing of the matter, that the defendant Is not likely to engage ina
criminal course of conduct and the ends of justice and welfare of society da hot réquiré thet the defendant shall
suffer the penalty imposed by law, and the Court being fully advised in the premises, itis thereupon
ORDERED and ADJUDGED that an adjudication of guilt be, arid the same is hereby stayed and withheld.
(LIS FURTHER ORDERED AND ADJUDGED that:
‘The defendant is placed on PROBATION in a separate Order entéred herein.
SPECIAL CONDITIONS:
Costs
DNA taken pursuant to Florida Statute 943.325
PROBATION
IT IS ORDERED THAT the defendant be fingerprinted pursuart to Florida Statute 921.241(1).
¢
REV 10102 05 02/23/17 OS o229/17 LM 0272817 Page 10f3 Clerk's web address: wonv.mlamt-dadécterk.com
Bk 30436 Pg 1643 CFN 20170111741 02/28/2017 09:35:05 Pg 1 of 3 Mia-Dade Cty, FL
https JAvww2.miami-dadeclerk.com/Public-Records/PrintDocument.aspx7QS=Yaou fOzxry2r6uF QT52kLa0akKUfF oXjQewpoPVEivx%ZiLigora1SsSmeGXS45N... 1/3Miami-Dade Official Records - Print Document.
‘TN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMEDADE COUNTY, FLORIDA .
CRIMINAL
CHARGES/GOSTS/FEES CASE NUMBER: F14003897F
DIVISION. ‘OST:
THE STATE OF FLORIDA vs.
DARELYS VALDEZ GRANADO
PLAINTIFF DEFENDANT
Daretys: Valdez
The Defendant is hereby ordered to pay the following sum Indicated:
$50.00 Pursuant to Florida Statute 938,03(4) (Crimes Compensation Trust Fund).
$3.00 ‘Three dollats as a court cost pursuant to Florida Statute 938.01 (1) $3.00 (Criminal
Justice Trust & Education Funds).
$20.00 Pursuant to Florida Statute 938.06 (Crime Stopper's Programs).
$3.00 Purauant to Florida Statute 938.19 (Teen Courts),
$50.00 Pursuant to Florida Stattite 775.083(2) (Crime Prevention Programs).
$2.00 ‘Two dollars as a court.cost pursuant to Florida Statute 938,15 $2.00 (Criminal
Justice Trust & Education Funds).
$65.00 Pursuant to Florida Statute 939,,185(1)(a) (Assessment of Additional Court Costs as
Adopted by Ordinance 04-116). ~
$85.00 Pursuant to Florida Statute 939.185(1)(b) (Surcharge as adopted by Ordinance 05-
$100.00 Cost of prosecution Florida Statute 938.27(8)
$225.00 Additional cost fine and forfeiture Florida Statute 938.05
$603.00 TOTAL
‘STAYDUEDATE: 2/13/2018
DONE AND ORDERED in Open Court in Miami-Dade County, Florida this 13th day of February,
2017.
—_ Sak I rein _
JUDGE STEF INTHOMAS MILLAN DIV. F008
(W= Walved, S= Suspended, P = State Negotated Pee) Page 2of3 Clori’'s wab address: www.mlamidedecterk.com
Bk 30436 Pg 1644 CFN 20170111741 02/28/2017 09:35:05 Pg 2 of 3 Mia-Dade Cty, FL
https JAvww2.miami-dadeclerk.com/Public-Records/PrintD ocument.aspx?QS= YaoUfOzxry2r6uF QT52kLa0aKUfF oXjQewpoPV6ivx%2ILigora1SsSme6X545N,.. 2/34 W207 Miami-Dade Official Records - Print Document.
wea
17 wrtve ertcur COURT OF Te ELEVENTH GUDICUL CRCUTT IN AND FOR MIAMVOADE COUNTY, FLORIDA .
_ 01 BLTHE COUNTY COURT IN AND FOR MIAML-DADE COUNTY, FLORIDA,
DIVISION .
& CRIMINAL
FINGE! NDANT |:
oF OTHER RPRINTS OF DEFENDA\
THE STATE OF FLORIDA vs.
Teldy
PLAINTIFE DEFENDANT
CASE NUMBER: /7y-3397F
CLOCK IN
FILED
FEB 13 2017 :
Therby certify that the foregoing fingerprints on this judgment are the
fingerprints of the defendant named above, arid that they were placed thereon by
‘said defendant in my presence, in open court, on this dale:and that the defendant
‘provided the below Social Security Number or was unable to provite sald number
8s indicated.
Fingerprints taken VV rpiccnwainirers she (F
itl.
‘Name
FINGERPRINTS OF DEFENDANT
1. R. Thumb 2.R. Index 3. R. Middle : 4.R.Ring 5. R. Little
CLERK
Qe, Index 3. L. Middle 4.L. Ring 3.L. Little
Social Security Number of Defendant
DONE AND ORDERED in Open Court in Miami-Dade County, Florida this
3 ‘
Page__of__.’ Corer iten T Mia
Clerk's web address:” ww miami-datfacterk.com
day of FEB 13 2017 29
CLHICT 854. REV, 7/03
~ Bk 30436 Pg 1645 CFN 20170111741 02/28/2017 09:35:05 Pg 3 of 3 Mia-Dade Cty, FL
hitps:/ww2.miami-dadeclerk.com/Public-Records/PrintD ocument.aspx?QS= Yaa fOzxry2r 6uF QT52kLaQaKU fF oX|QewpoPVEivX%2fLigor15sSmeSX545N. ..
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Filing # 53957066 E-Filed 03/20/2017 03:55:20 PM IN THE COUNTY COURT OF THE 41TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA Central Therapy Center, Inc. a/a/o CASE NO.: 14-2253-CC-26 (3) Eriche Garcia, ‘ FLA. BAR NO.: 28008 Plaintiff, v. CL #: 13-3050124 Matter #: 143991 Progressive Select Insurance Company, Defendant. DEFENDANT’S MOTION TO TAKE JUDICIAL NOTICE Defendant, Progressive Select Insurance Company, by and through the undersigned attorney, pursuant to §§ 90.201, 90.202, and 90.203 Fla. Stat., hereby files this Motion for Judicial Notice and in support of its Motion states: 41. Plaintiff sued Defendant for alleged non-payment of PIP benefits. 2. Plaintiff's owner and its employees were prosecuted by the State Attorney for the Eleventh Judicial Circuit for fraud and related offenses. 3. Carlos Sanchez, Plaintiff's owner, was found guilty of Grand Theft, a third degree felony, and placed on probation for his involvement in case number F14-3897B. 4, Defendant seeks judicial notice of the Court records attached to this Motion. Exhibit A is a true and accurate copy of the Finding of Guilt in State v. Carlos Alberto Sanchez, Case No. F14-3897B. The document isalso recorded in the Official Records of Miami-Dade County Book 30436, page 1619. 5. Florida Evidence Code § 202.6 permits the Court to take judicial notice of judicial records from this and other courts. E.g. Hunt v. State, 613 So. 2d 893, 898 n.5 (Fla. 1992); Falls v. Nat'l Envtl. Prods., 665 So. 2d 320 (Fla 4th DCA 1995). 6. Further, “Judicial notice may be taken of all judicial records.” Allstate Ins. Co. v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482, 483 (Fla. 4th DCA 1991). WHEREFORE, on the basis of the above and foregoing grounds, Defendant, Progressive Select Insurance Company, respectfully requests this Honorable Court to enter an order granting Defendant's Motion and any other relief the Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via email on March 20, 2017, to: service@corredorhusseinilaw.com, Maria Corredor, Esq.,Law Offices of Corredor, Husseini & Snedaker, P.A. Beighley, Myrick, Udell & Lynne, PA Attorneys for Defendant 150 West Flagler Street Suite 1800 Miami, FL 33130 (305) 349-3930 — Phone notice66@bmulaw.com (R. 2.516 Designated E-mail) By: /s/ Jeffrey M. Kolokoff, Esq. jkolokoff@bmulaw.com Claim No.: 13-3050124 Adjuster: Danielle MelgarEXHIBIT AMiami-Dade Official Records - Print Document {INTHE GIRCUTT COURT OF THE ELEVENTH JUDICIAL CRCUIT IN AND FORMAMIDADE COUNTY, FLORIDA 388, CLOCK IN CRIMINAL. FINDING OF GUILT AND ORDER OF WITHHOLDING ADJUDICATION/SPECIAL DIVISION CONDITIONS. ‘THE STATE OF FLORIDA vB. DARELYS VALDEZ GRANADO PLAINTIFF _ DEFENDANT ‘CASE NUMBER: F14003897F Darelys Valdez IT APPEARING UNTO THE COURT that the defendant beirig personally batore the court accompanied by his/her ‘ attorney, ANGEL ‘RUIZ, PA for JOSE RICARDO IGLESIA, PA has been found guilty of the charge of ‘COUNT CRIME . __. DEGREE ¢ 17” INSURANCE CLAIMSIFALSE, FRAUDULENT ar 3 ORGANIZED FRAUD/S20,000 OR LESS. ‘ uF by the court upon the entry of a guilty plea ‘and it appearing unto the court, upon a hearing of the matter, that the defendant Is not likely to engage ina criminal course of conduct and the ends of justice and welfare of society da hot réquiré thet the defendant shall suffer the penalty imposed by law, and the Court being fully advised in the premises, itis thereupon ORDERED and ADJUDGED that an adjudication of guilt be, arid the same is hereby stayed and withheld. (LIS FURTHER ORDERED AND ADJUDGED that: ‘The defendant is placed on PROBATION in a separate Order entéred herein. SPECIAL CONDITIONS: Costs DNA taken pursuant to Florida Statute 943.325 PROBATION IT IS ORDERED THAT the defendant be fingerprinted pursuart to Florida Statute 921.241(1). ¢ REV 10102 05 02/23/17 OS o229/17 LM 0272817 Page 10f3 Clerk's web address: wonv.mlamt-dadécterk.com Bk 30436 Pg 1643 CFN 20170111741 02/28/2017 09:35:05 Pg 1 of 3 Mia-Dade Cty, FL https JAvww2.miami-dadeclerk.com/Public-Records/PrintDocument.aspx7QS=Yaou fOzxry2r6uF QT52kLa0akKUfF oXjQewpoPVEivx%ZiLigora1SsSmeGXS45N... 1/3Miami-Dade Official Records - Print Document. ‘TN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMEDADE COUNTY, FLORIDA . CRIMINAL CHARGES/GOSTS/FEES CASE NUMBER: F14003897F DIVISION. ‘OST: THE STATE OF FLORIDA vs. DARELYS VALDEZ GRANADO PLAINTIFF DEFENDANT Daretys: Valdez The Defendant is hereby ordered to pay the following sum Indicated: $50.00 Pursuant to Florida Statute 938,03(4) (Crimes Compensation Trust Fund). $3.00 ‘Three dollats as a court cost pursuant to Florida Statute 938.01 (1) $3.00 (Criminal Justice Trust & Education Funds). $20.00 Pursuant to Florida Statute 938.06 (Crime Stopper's Programs). $3.00 Purauant to Florida Statute 938.19 (Teen Courts), $50.00 Pursuant to Florida Stattite 775.083(2) (Crime Prevention Programs). $2.00 ‘Two dollars as a court.cost pursuant to Florida Statute 938,15 $2.00 (Criminal Justice Trust & Education Funds). $65.00 Pursuant to Florida Statute 939,,185(1)(a) (Assessment of Additional Court Costs as Adopted by Ordinance 04-116). ~ $85.00 Pursuant to Florida Statute 939.185(1)(b) (Surcharge as adopted by Ordinance 05- $100.00 Cost of prosecution Florida Statute 938.27(8) $225.00 Additional cost fine and forfeiture Florida Statute 938.05 $603.00 TOTAL ‘STAYDUEDATE: 2/13/2018 DONE AND ORDERED in Open Court in Miami-Dade County, Florida this 13th day of February, 2017. —_ Sak I rein _ JUDGE STEF INTHOMAS MILLAN DIV. F008 (W= Walved, S= Suspended, P = State Negotated Pee) Page 2of3 Clori’'s wab address: www.mlamidedecterk.com Bk 30436 Pg 1644 CFN 20170111741 02/28/2017 09:35:05 Pg 2 of 3 Mia-Dade Cty, FL https JAvww2.miami-dadeclerk.com/Public-Records/PrintD ocument.aspx?QS= YaoUfOzxry2r6uF QT52kLa0aKUfF oXjQewpoPV6ivx%2ILigora1SsSme6X545N,.. 2/34 W207 Miami-Dade Official Records - Print Document. wea 17 wrtve ertcur COURT OF Te ELEVENTH GUDICUL CRCUTT IN AND FOR MIAMVOADE COUNTY, FLORIDA . _ 01 BLTHE COUNTY COURT IN AND FOR MIAML-DADE COUNTY, FLORIDA, DIVISION . & CRIMINAL FINGE! NDANT |: oF OTHER RPRINTS OF DEFENDA\ THE STATE OF FLORIDA vs. Teldy PLAINTIFE DEFENDANT CASE NUMBER: /7y-3397F CLOCK IN FILED FEB 13 2017 : Therby certify that the foregoing fingerprints on this judgment are the fingerprints of the defendant named above, arid that they were placed thereon by ‘said defendant in my presence, in open court, on this dale:and that the defendant ‘provided the below Social Security Number or was unable to provite sald number 8s indicated. Fingerprints taken VV rpiccnwainirers she (F itl. ‘Name FINGERPRINTS OF DEFENDANT 1. R. Thumb 2.R. Index 3. R. Middle : 4.R.Ring 5. R. Little CLERK Qe, Index 3. L. Middle 4.L. Ring 3.L. Little Social Security Number of Defendant DONE AND ORDERED in Open Court in Miami-Dade County, Florida this 3 ‘ Page__of__.’ Corer iten T Mia Clerk's web address:” ww miami-datfacterk.com day of FEB 13 2017 29 CLHICT 854. REV, 7/03 ~ Bk 30436 Pg 1645 CFN 20170111741 02/28/2017 09:35:05 Pg 3 of 3 Mia-Dade Cty, FL hitps:/ww2.miami-dadeclerk.com/Public-Records/PrintD ocument.aspx?QS= Yaa fOzxry2r 6uF QT52kLaQaKU fF oX|QewpoPVEivX%2fLigor15sSmeSX545N. ..