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Filihg # 61390090 E-Filed 09/06/2017 02:51:34 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICM CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
Rita Chappell,
Plaintiff,
vs. Case No: 14-008795-CI
Town Shores of Gulfport and
CTL Construction, Inc.
Defendants.
/
NOTICE OF FILING
Plaintiff Rita Chappell, by and through Angene Rohm as Personal Representative of Rita
Chappell’s Estate, give notice of filing of the following document:
Affidavit In Support of Plaintiffs Motion to Vacate Order of Dismissal,
Request for Rehearing and Enlargement of Time.
This document is being filed with the Clerk of the Court for use at the hearing scheduled
for September 7, 2017 and for all other purposes.
CERTIFICATE OF SERVICE
IHEREBY certify that a true and correct copy of the foregoing has been furnished by
eService on September 6, 2017:
Law Offices of Patricia E. Garagozlo
Rebecca L. Woltj er
13577 Feather Sound Drive
Suite 390
Clearwater, FL 33762
727-954—1952
clwmail@nationwide.com
JOHN BALES ATTORNEYS
Page 1 of 2
>*“M‘ELECTRONICALLY FILED 09/06/2017 02:51:33 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
1%
J
F
Maceluch, Esq.
rida Bar No.
Florida Bar No.
383465
Robert McLaughlin, Esq.
189839
John Bales Attorneys
Service Email: Trial-Team4@JohnBales.com
625 E. Twiggs Street, Suite 100
Tampa, FL 33602
Telephone: (813) 224-9100
Facsimile: (813) 224-9109
Attorneys for Plaintiff
Page 2 of 2
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
Rita Chappell, by and through
Angene Rohm as Personal Representative
of Rita Chappell’s Estate,
Plaintiff,
vs. Case No: 14-008795-CI
Town Shores of Gulfport
and CTL Construction, Inc.
Defendants.
/
AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION TO VACATE ORDER OF
DISMISSAL. REQUEST FOR REHEARING AND ENLARGEMENT OF TIME
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, John Bales, do hereby declare under oath to be true and accurate to the best of my
knowledge and belief the following:
1. I am more than eighteen years old, under no legal disability, and competent to
testify and have personal knowledge of the facts set for herein.
2. I am the President of the law firm of A Bales Professional Association d/b/a John
Bales Attorneys (“ABPA”) in Tampa, Florida.
3. The responsible attorney assigned to the above-styled case was Mr. James
Ragano, who had brought this case to ABPA with him from his prior firm when he joined
ABPA.
4. On Friday night, September 30, 2016 at approximately 11:50 pm, Mr. Ragano
sent an email stating that he was resigning from the firm. Apparently, he had gone to the firm
Page 1 of 4
that night and cleaned out his office.
5. I am not aware of Mr. Ragano giving prior notice of his abrupt, night time
departure. Therefore, the first time that we were aware that Mr. Ragano was leaving the firm
was after reading Mr. Ragano’s late night September 30 resignation email.
6. After Mr. Ragano’s departure, I am not aware of him providing any information
about the cases assigned to him including the above above-styled case.
7. I am not aware of Mr. Ragano providing assistant in handling several trials that
were scheduled for within several months of his departure. These trails required immediate and
extensive effort and attention.
8. Additionally, Mr. Ragano began an aggressive attempt to have clients leave
ABPA and transfer their files to him to his new firm, and we assumed he would take the cases he
had originally brought to the firm, including the above above-styled case.
9. After Mr. Ragano lefi ABPA, a voluminous number of emails a day were still
being received at his assigned email address: team-trial3@johnbales.com. ABPA reassigned Mr.
Ragano’s files to other attorneys and attempted to forward his emails to those newly assigned
attorneys. However, this process was immeasurably complex and not immediately
accomplished.
10. Similar to other law offices, ABPA receives pleadings filed with the clerk through
email. The suggestion of death in this case was sent to Mr. Ragano at the email address: team-
tria13 @johnbales.com. The email from the e-portal containing the suggestion of death was sent
to this email address only twelve days after Mr. Ragano’s abruptly departed ABPA. As such,
during the complex transition period and in part due to the volume and complexity of the
transition, the email was apparently not recognized or internally docketed appropriately by
Page 2 of4
ABPA staff and attorneys.
11. Once it was determined that Mr. Ragano would not be taking the above above-
styled case, a review of the case was made.
12. The Defendant filed a suggestion of death on October 12, 2016. Accordingly,
Florida Rule of Civil Procedure 1.260 provided for substitution by January 12, 2017.
13. It was discovered that Rita Chappell had passed away on August 6, 2016.
14. The estate of the client was opened on September 30, 2016 by the law firm of
Ellis and Bradley in St. Petersburg, Honda.
15. However, a personal representative was stillnot appointed through the efforts of
Ellis and Bradley by January 12, 2017.
16. Defendant filed a motion to dismiss on January 12, 2017, and ABPA filed a
motion to amend the complaint in anticipation of modification of the case caption on January 24,
2017.
17. During this difficult transition, neither the attorneys or staff involved apparently
realized that the deadline to file a motion for extension of time was approaching or had expired
until the Defendant filed their motion to dismiss at which time ABPA promptly filed the motion
to amend the complaint.
18. ABPA relied on the estate being set up and did not file a motion for extension of
time.
19. ABPA’s excusable neglect for not filing a motion for extension of time includes,
but is not limited to, the following:
a. Mr. Ragano’s sudden and unexpected departure fi-om the firm, lack of
assistance in reviewing cases, and other accompanying challenges and
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complications associated with his departure.
Mr. Ragano not providing notice of his client’s death.
Challenges and confusion over Mr. Ragano’s attempt to have clients
terminate ABPA and transfer to his new firm as well as the ensuing review
of his cases.
The attorneys and staff who took over Mr. Ragano’s cases were also
handling their own full caseloads.
Reliance on the estate being set up prior to the motion to dismiss being
filed.
flohn Bales
FURTHER AF F IANT SAITH NAUGHT.
“The foregoing instrument was acknowled ed befor me, this BMW day of
£93 , 2017, by John Bales, who i personally known 0 me or who has produced
as iden ificafib—n an states that he/she is the person
who provided the above statements to the best of his/her knowledge and belief.
(SEAL) 82% K1
Notary-)Public
. .
I.,!.Jgs_vw
MFFQ’HOSS
:Mmh30,2020
Page 4 of 4
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Filihg # 61390090 E-Filed 09/06/2017 02:51:34 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICM CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA Rita Chappell, Plaintiff, vs. Case No: 14-008795-CI Town Shores of Gulfport and CTL Construction, Inc. Defendants. / NOTICE OF FILING Plaintiff Rita Chappell, by and through Angene Rohm as Personal Representative of Rita Chappell’s Estate, give notice of filing of the following document: Affidavit In Support of Plaintiffs Motion to Vacate Order of Dismissal, Request for Rehearing and Enlargement of Time. This document is being filed with the Clerk of the Court for use at the hearing scheduled for September 7, 2017 and for all other purposes. CERTIFICATE OF SERVICE IHEREBY certify that a true and correct copy of the foregoing has been furnished by eService on September 6, 2017: Law Offices of Patricia E. Garagozlo Rebecca L. Woltj er 13577 Feather Sound Drive Suite 390 Clearwater, FL 33762 727-954—1952 clwmail@nationwide.com JOHN BALES ATTORNEYS Page 1 of 2 >*“M‘ELECTRONICALLY FILED 09/06/2017 02:51:33 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 1% J F Maceluch, Esq. rida Bar No. Florida Bar No. 383465 Robert McLaughlin, Esq. 189839 John Bales Attorneys Service Email: Trial-Team4@JohnBales.com 625 E. Twiggs Street, Suite 100 Tampa, FL 33602 Telephone: (813) 224-9100 Facsimile: (813) 224-9109 Attorneys for Plaintiff Page 2 of 2 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA Rita Chappell, by and through Angene Rohm as Personal Representative of Rita Chappell’s Estate, Plaintiff, vs. Case No: 14-008795-CI Town Shores of Gulfport and CTL Construction, Inc. Defendants. / AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION TO VACATE ORDER OF DISMISSAL. REQUEST FOR REHEARING AND ENLARGEMENT OF TIME STATE OF FLORIDA COUNTY OF HILLSBOROUGH I, John Bales, do hereby declare under oath to be true and accurate to the best of my knowledge and belief the following: 1. I am more than eighteen years old, under no legal disability, and competent to testify and have personal knowledge of the facts set for herein. 2. I am the President of the law firm of A Bales Professional Association d/b/a John Bales Attorneys (“ABPA”) in Tampa, Florida. 3. The responsible attorney assigned to the above-styled case was Mr. James Ragano, who had brought this case to ABPA with him from his prior firm when he joined ABPA. 4. On Friday night, September 30, 2016 at approximately 11:50 pm, Mr. Ragano sent an email stating that he was resigning from the firm. Apparently, he had gone to the firm Page 1 of 4 that night and cleaned out his office. 5. I am not aware of Mr. Ragano giving prior notice of his abrupt, night time departure. Therefore, the first time that we were aware that Mr. Ragano was leaving the firm was after reading Mr. Ragano’s late night September 30 resignation email. 6. After Mr. Ragano’s departure, I am not aware of him providing any information about the cases assigned to him including the above above-styled case. 7. I am not aware of Mr. Ragano providing assistant in handling several trials that were scheduled for within several months of his departure. These trails required immediate and extensive effort and attention. 8. Additionally, Mr. Ragano began an aggressive attempt to have clients leave ABPA and transfer their files to him to his new firm, and we assumed he would take the cases he had originally brought to the firm, including the above above-styled case. 9. After Mr. Ragano lefi ABPA, a voluminous number of emails a day were still being received at his assigned email address: team-trial3@johnbales.com. ABPA reassigned Mr. Ragano’s files to other attorneys and attempted to forward his emails to those newly assigned attorneys. However, this process was immeasurably complex and not immediately accomplished. 10. Similar to other law offices, ABPA receives pleadings filed with the clerk through email. The suggestion of death in this case was sent to Mr. Ragano at the email address: team- tria13 @johnbales.com. The email from the e-portal containing the suggestion of death was sent to this email address only twelve days after Mr. Ragano’s abruptly departed ABPA. As such, during the complex transition period and in part due to the volume and complexity of the transition, the email was apparently not recognized or internally docketed appropriately by Page 2 of4 ABPA staff and attorneys. 11. Once it was determined that Mr. Ragano would not be taking the above above- styled case, a review of the case was made. 12. The Defendant filed a suggestion of death on October 12, 2016. Accordingly, Florida Rule of Civil Procedure 1.260 provided for substitution by January 12, 2017. 13. It was discovered that Rita Chappell had passed away on August 6, 2016. 14. The estate of the client was opened on September 30, 2016 by the law firm of Ellis and Bradley in St. Petersburg, Honda. 15. However, a personal representative was stillnot appointed through the efforts of Ellis and Bradley by January 12, 2017. 16. Defendant filed a motion to dismiss on January 12, 2017, and ABPA filed a motion to amend the complaint in anticipation of modification of the case caption on January 24, 2017. 17. During this difficult transition, neither the attorneys or staff involved apparently realized that the deadline to file a motion for extension of time was approaching or had expired until the Defendant filed their motion to dismiss at which time ABPA promptly filed the motion to amend the complaint. 18. ABPA relied on the estate being set up and did not file a motion for extension of time. 19. ABPA’s excusable neglect for not filing a motion for extension of time includes, but is not limited to, the following: a. Mr. Ragano’s sudden and unexpected departure fi-om the firm, lack of assistance in reviewing cases, and other accompanying challenges and Page 3 of 4 complications associated with his departure. Mr. Ragano not providing notice of his client’s death. Challenges and confusion over Mr. Ragano’s attempt to have clients terminate ABPA and transfer to his new firm as well as the ensuing review of his cases. The attorneys and staff who took over Mr. Ragano’s cases were also handling their own full caseloads. Reliance on the estate being set up prior to the motion to dismiss being filed. flohn Bales FURTHER AF F IANT SAITH NAUGHT. “The foregoing instrument was acknowled ed befor me, this BMW day of £93 , 2017, by John Bales, who i personally known 0 me or who has produced as iden ificafib—n an states that he/she is the person who provided the above statements to the best of his/her knowledge and belief. (SEAL) 82% K1 Notary-)Public . . I.,!.Jgs_vw MFFQ’HOSS :Mmh30,2020 Page 4 of 4