Motion,Ex Parte: RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER

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                                Filing #     123467319 E-Filed 03/21/2021                 11:48:48 AM
                                 IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
                                IN AND FOR PINELLAS               COUNTY, FLORIDA              -
                                                                                                 CIVIL DIVISION

             RIDGE TOP       EXTERIORS, LLC,                                                  Case No.:         2020-006863-SC
             a Florida limited liability company,                                             Division:
                      Plaintiff
             V.


             MATT S.     TURPIN, and
             ELISABETHPARKER,
                      Defendants.

             PLAINTIFF'S MOTION IN LIMINE ORMOTION TO STRIKE ANY PROFFERED VIDEO OR
               PHOTOS OF THE ROOF AS PLAINTIFF WAS NOT PERMITTED AN OPPORTUNITY TO
                                                                      INSPECT


                      Plaintiff, RIDGE TOP EXTERIORS,LLC, by and through its undersigned counsel, submits this

             Motion    in  Limine    or  Motion    to  Strike   any  proffered    video   or  photos   because    it was   not  given   an



             opportunity to inspect and avers as follows:

                      1.         This is  a construction lien    case wherein PlaintiffRIDGE TOP EXTERIORS, LLC seeks


             damages     for  breach    of  contract,   unjust   enrichment,    and   foreclosure of     a  construction    lien  against

             Defendants MATT S. TUPRIN and ELISABETHPARKER (hereinafter collectively "DEFENDANTS").

                      2.       Plaintifffurnished roof services to the property in         September2019.

                      3.       Defendantsforwarded a video of an unidentifiedman to Defendant on                   Tuesday,March       16,

              2021   who is  talking aboutthe roofwhile showing photos on his phone of ostensibly the roof at issue.

                      4.       Plaintiffsought     access  to inspect the roof to address      and/or rebut the video      on  Thursday,

              March    18, 2021, but the Defendant would         on  make the home availableon          "Saturday at 3    pm  we   will be


              home and the property will be available for inspection." See. Exhibit A.

                      5.       Defendant is    entitled to   inspect the  Defendant's    property pursuant Florida Rules of Civil

              Procedure    as well  as  to rebut the  proffered video about the current condition of the property             as the roof

              is discoverable evidence,      especially to rebut the Tuesday March 16, 2021            inspection.

                      6.       While the inspection would have been easier on Thursday, Plaintiffnonetheless                    agreed to

              come   out on   Saturday for the inspection at 3:00 pm.

                      7.       Defendant emailed counsel for Plaintiffon           Saturday to    "rescind" the offer to     inspect, and

              "will call the police ifyou show."         See. Exhibit B.
                                                                      Page  1 of 2

    ***ELECTRONICALLYFILED 03/21/2021              11:48:47 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
                      8.       Plaintiff   moves    to  preclude    and   strike   the  introduction     ot  any   evidence    from    the


              Defendant's witnesses        because    Defendant     was   not  provide   an  opportunity     to inspect   and   rebut  the


              testimony of the witness and/or photographs on            the witness's phone.


                      9.       Defendants have not produced any photographs, measurements,and/or                    core  samples of the

              roofto Plaintiff, and thus, Plaintiff will move to strike the attempt to introduce any such data.


                       WHEREFORE, Plaintiff,             RIDGE     TOP    EXTERIORS,         LLC,   by  and   through    its undersigned

             counsel seeks relief consistent with this motion and for further and additional relief the                Court deems jus


             and  prudent.

                                                        CERTIFICATE OF SERVICE


                      I HEREBY        CERTIFY that        a true  and  correct copy    of the   foregoing has     been   furnished   by  e-

             designation on this 21th day      of March, 2021 to:                                                  and via regular    U.S.
             Mail to   Pro  Se Defendants     MATT      S. TURPIN and ELISABETH              PARKER       at 119   South Spring Blvd.,
             Tarpon Springs, FL      34689 and via E-mail to                                    and


                                                                            Cox Law, PLLC


                                                                            By: /s/  I.P L-
                                                                            Sean P.   Cox,  Esq.
                                                                            Florida Bar Number 706760
                                                                            156 E. Bloomindale Ave.
                                                                            Brandon, FL 33511-8179
                                                                            Tel: 813-685-8600
                                                                            Fax:  813-685-8699
             SPC/vag                                                        sean(@coxlawplc.com
             Cc: Client

                                                                            Attorney for Plaintiff RIDGE TOP EXTERIORS




                                                                      Page 2 of2
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               Sean Cox

               Front:
                                                      Elisabeth Parker
               Sent
                                                     Tuesday, March 16, 2021     10:50 AM
               To:
                                                     Sean Cox
               Subject:                              Re:



               Saturday at 3 pm we will be home and the property will be available for
               coming to inspect.                                                              inspection. Please advise who specifically will be


               Elisabeth Parker

              Sent from my iPhone




                                                                   EZHIBrr

                                                            1_A
         Sean Cox


         Fronn:                                Elisabeth Parker
         Sent                                  Saturday,  March 20, 2021    12:45 PM
        To:                                    Sean Cox

         Subject                               Re:




        You  are  not entitled to step onto our property. You're harassing us.

        We will call the  police if you show.

         Matt Turpin


         Sent from my iPhone




                  On Mar 20, 2021, at 10:52 AM, Sean Cox                                   wrote:




                  We are entitled to inspect. We tried to do it     on Thursday.



                  Ridge Top will see you   at 3 o'clock as agreed to.   Thanks,




                 Sent from my T-Mobile 4G LTE Device




                         Original message    ----




                  From: Elisabeth Parker
                  Date: 3/20/217:02 AM (GMT-05:00)
                 To: Sean Cox                                Vanessa

                  Subject:


                  We rescind our offer to allow Brian    Crawley on our property at 3 pm Saturday March 20, 2021.

                  Elisabeth Parker and    Matt Turpin.


                  Sent from my iPhone




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