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Filing # 49154855 E-Filed 11/21/2016 02:50:54 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
Avanti Homeowners Association, Inc., a
Florida Non Profit Corporation, CASE NO. 14-10799 CA 41
Plaintiff,
Vv.
Stephane Dupoux, et al.,
Defendant(s) /
PLAINTIFF’S MOTION TO ENFORCE STIPULATION FOR SETTLEMENT
COMES NOW, the Plaintiff, Avanti Homeowners Association, Inc. (the “Association”),
by and and through its undersigned counsel, and files this Motion to Enforce Stipulation for
Settlement, and as grounds in support thereof states the following:
1. On or about April 28, 2014, the Association filed the instant action at law for money
damages and to foreclose upon the Association’s contractual and statutory claim of lien arising
under Florida Statute §720.
2. The parties, reached a settlement and in May 2016 a Stipulation for Settlement
(hereinafter the “Agreement”) was executed by the parties.
3. On June 6, 2016, the Court entered the Order Ratifying and Adopting Stipulation for
Settlement. Pursuant to Paragraph 2 of said Order, “... the Court SHALL RETAIN
JURISDICTION of this action to enforce compliance with the terms of the Confidential Stipulation
for Settlement.” A copy of said June 6" Order is attached as Exhibit “A”.
4. The Defendants are in default of the Agreement by failing to remit amounts due
pursuant to the terms of the Agreement. The Association provided Defendant notice of the defaultand an opportunity to cure same through their counsel on November 9, 2016, as per Paragraph 5
of the Agreement,
5. Despite the opportunity to cure the default, the Defendant remains in default of the
Agreement. Pursuant to Paragraph 5 of the Agreement, “[I]n the event of a default as to any of the
terms of this Stipulation including, without limitation, failure to timely pay the amounts...the
Association shall be entitled to entry of a final judgment against Owner
6. “The public policy of the State of Florida, as articulated in numerous court decisions,
highly favors settlement agreements among parties and will seek to enforce them whenever
possible.” See Sun Microsystems of California, Inc. v. Engineering and Mfg. Systems, C.A., 682
So.2d 219 (Fla. 3 DCA 1996) citing Robbie v. City of Miami, 469 So.2d 1384 (Fla.1985);
American Express Travel Related Servs. Co. v. Marrod, Inc., 637 So.2d 4 (Fla. 3d DCA 1994).
7. In accordance with the terms of the Agreement, the Association is entitled to Final
Judgment of Foreclosure as Defendant has failed to pay the amounts due to the Association,
including, without limitation, outstanding assessments, late fees and interest, and costs and
reasonable attorney’s fees (including interest accruing thereon, if any).
8. The Association will file the following: (i) affidavit of indebtedness; (ii) affidavit for
attorney’s fees and costs; and (iii) affidavit in support of award for attorney’s fees, all of which are
incorporated herein by reference in support of the amount due to the Association by the
Defendants.
WHEREFORE, the Association respectfully moves this Court to enforce the Agreement
reached between the parties and requests the entry of Final Judgment in its favor and against the
Defendants for outstanding assessments, late fees and interest, costs and reasonable attorney’s fees(including interest accruing thereon, if any) incurred incident to the collection process including
in bringing this action and any such additional amounts chargeable to the Defendants, along with
all subsequent, assessments, late fees and interest, if any, all additional costs and attorney’s fees
arising from the continued prosecution of the Plaintiff's cause of action, and in the event that the
Defendants fail to satisfy their contractual and statutory liability to the Association, the Association
shall foreclose upon its statutory claim of lien and any further relief which this Court may deem
just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail to Frederick Neustein, Esq, counsel for Defendant Dupoux at fn@neusteinlaw.com and
nm(@neusteinlaw.com on November 21, 2016. Aa
ASSOCIATI AW-GROUP, P. L.
Attorneys for tite Plgintiff
By: Luis R. Lasa III, Esq
Florida Bar No. 56179
Primary Email: luis@algpl.com
Secondary Email: filings@algpl.com
Association Law Group, P.L.
Post Office Box 311059
Miami, Florida 33231
Phone: (305) 938-6922
Fax: (305) 938-6914CFN: 20160334748 BOOK 30105 PAGE 3851
DATE:06/08/2016 11:57:38 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE C
IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT IN AND
FOR MIAME DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
Avanti Homeowner Association, Inc., a Florida Case No.: 14-10799 CA 41
non-profit corporation, :
Plaintiff,
v.
a 3 z
2B OF in
Stephane Dupoux, et al zo, S$ °°
om n”
eZ 5 9
fendant(s). / we nan zn
“or 2A
AG) ADOPTING ee s °
ENTIAL ATI ETT xe 2 3
ca 2?
COMES NOW, Plaintiff, Avanti Homeowners Association, Inc. and
. Befendant,
Stephane Dupoux, and pursuant to a joint Stipulation for Settlement, it is HEREBY ORDERED
and ADJUDGED as follows:
1. The Stipulation for Settlement is hereby ratified and adopted by the Court and the
parties are ORDERED to comply with its terms
2. This action shall DISMISSED and the Court SHALL RETAIN JURISDICTION of
this action to enforce compliance with the terms of the Confidential Stipulation for
Settlement.
3. Further, the counterclaim(s) asserted by Defendant are hereby DISMISSED WITH
LE on
AND ORDERED in Chambers in
May, 2016.
THE HONORABLE CARYN
ae
ee
All parties of record. ot
Q
[SBS o DISPOSITION
EXHIBIT "A"
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Filing # 49154855 E-Filed 11/21/2016 02:50:54 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Avanti Homeowners Association, Inc., a Florida Non Profit Corporation, CASE NO. 14-10799 CA 41 Plaintiff, Vv. Stephane Dupoux, et al., Defendant(s) / PLAINTIFF’S MOTION TO ENFORCE STIPULATION FOR SETTLEMENT COMES NOW, the Plaintiff, Avanti Homeowners Association, Inc. (the “Association”), by and and through its undersigned counsel, and files this Motion to Enforce Stipulation for Settlement, and as grounds in support thereof states the following: 1. On or about April 28, 2014, the Association filed the instant action at law for money damages and to foreclose upon the Association’s contractual and statutory claim of lien arising under Florida Statute §720. 2. The parties, reached a settlement and in May 2016 a Stipulation for Settlement (hereinafter the “Agreement”) was executed by the parties. 3. On June 6, 2016, the Court entered the Order Ratifying and Adopting Stipulation for Settlement. Pursuant to Paragraph 2 of said Order, “... the Court SHALL RETAIN JURISDICTION of this action to enforce compliance with the terms of the Confidential Stipulation for Settlement.” A copy of said June 6" Order is attached as Exhibit “A”. 4. The Defendants are in default of the Agreement by failing to remit amounts due pursuant to the terms of the Agreement. The Association provided Defendant notice of the defaultand an opportunity to cure same through their counsel on November 9, 2016, as per Paragraph 5 of the Agreement, 5. Despite the opportunity to cure the default, the Defendant remains in default of the Agreement. Pursuant to Paragraph 5 of the Agreement, “[I]n the event of a default as to any of the terms of this Stipulation including, without limitation, failure to timely pay the amounts...the Association shall be entitled to entry of a final judgment against Owner 6. “The public policy of the State of Florida, as articulated in numerous court decisions, highly favors settlement agreements among parties and will seek to enforce them whenever possible.” See Sun Microsystems of California, Inc. v. Engineering and Mfg. Systems, C.A., 682 So.2d 219 (Fla. 3 DCA 1996) citing Robbie v. City of Miami, 469 So.2d 1384 (Fla.1985); American Express Travel Related Servs. Co. v. Marrod, Inc., 637 So.2d 4 (Fla. 3d DCA 1994). 7. In accordance with the terms of the Agreement, the Association is entitled to Final Judgment of Foreclosure as Defendant has failed to pay the amounts due to the Association, including, without limitation, outstanding assessments, late fees and interest, and costs and reasonable attorney’s fees (including interest accruing thereon, if any). 8. The Association will file the following: (i) affidavit of indebtedness; (ii) affidavit for attorney’s fees and costs; and (iii) affidavit in support of award for attorney’s fees, all of which are incorporated herein by reference in support of the amount due to the Association by the Defendants. WHEREFORE, the Association respectfully moves this Court to enforce the Agreement reached between the parties and requests the entry of Final Judgment in its favor and against the Defendants for outstanding assessments, late fees and interest, costs and reasonable attorney’s fees(including interest accruing thereon, if any) incurred incident to the collection process including in bringing this action and any such additional amounts chargeable to the Defendants, along with all subsequent, assessments, late fees and interest, if any, all additional costs and attorney’s fees arising from the continued prosecution of the Plaintiff's cause of action, and in the event that the Defendants fail to satisfy their contractual and statutory liability to the Association, the Association shall foreclose upon its statutory claim of lien and any further relief which this Court may deem just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail to Frederick Neustein, Esq, counsel for Defendant Dupoux at fn@neusteinlaw.com and nm(@neusteinlaw.com on November 21, 2016. Aa ASSOCIATI AW-GROUP, P. L. Attorneys for tite Plgintiff By: Luis R. Lasa III, Esq Florida Bar No. 56179 Primary Email: luis@algpl.com Secondary Email: filings@algpl.com Association Law Group, P.L. Post Office Box 311059 Miami, Florida 33231 Phone: (305) 938-6922 Fax: (305) 938-6914CFN: 20160334748 BOOK 30105 PAGE 3851 DATE:06/08/2016 11:57:38 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE C IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT IN AND FOR MIAME DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Avanti Homeowner Association, Inc., a Florida Case No.: 14-10799 CA 41 non-profit corporation, : Plaintiff, v. a 3 z 2B OF in Stephane Dupoux, et al zo, S$ °° om n” eZ 5 9 fendant(s). / we nan zn “or 2A AG) ADOPTING ee s ° ENTIAL ATI ETT xe 2 3 ca 2? COMES NOW, Plaintiff, Avanti Homeowners Association, Inc. and . Befendant, Stephane Dupoux, and pursuant to a joint Stipulation for Settlement, it is HEREBY ORDERED and ADJUDGED as follows: 1. The Stipulation for Settlement is hereby ratified and adopted by the Court and the parties are ORDERED to comply with its terms 2. This action shall DISMISSED and the Court SHALL RETAIN JURISDICTION of this action to enforce compliance with the terms of the Confidential Stipulation for Settlement. 3. Further, the counterclaim(s) asserted by Defendant are hereby DISMISSED WITH LE on AND ORDERED in Chambers in May, 2016. THE HONORABLE CARYN ae ee All parties of record. ot Q [SBS o DISPOSITION EXHIBIT "A"