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  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
  • RIDGE TOP EXTERIORS LLC Vs. MATT S TURPIN, ELISABETH PARKER SMALL CLAIMS 4 - $2,501 - $5,000 document preview
						
                                

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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 -- 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 EXHIBIT 1B