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Filing # 141954703 E-Filed 01/13/2022 03:13:16 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CHRISTINE HELMER AND JEREMY
HELMER, CASE NO. 21000389CA
Plaintiffs,
v.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO COMPEL ENTRY UPON LAND
Defendant, STATE FARM FLORIDA INSURANCE COMPANY, hereinafter referred to as
“STATE FARM,” by and through undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of
Civil Procedure, hereby moves this Honorable Court to compel Plaintiffs, CHRISTINE HELMER and
JEREMY HELMER, to provide access to the property located at 8700 Front Beach Road, Unit 4209,
Panama City Beach, Florida 32407-4281 (hereinafter “the property”), for STATE FARM’s experts
to conduct visual assessments and inspections for physical damages currently reported at the property,
and as grounds of support thereof states as follows:
1 On August 27, 2021, STATE FARM filed its Request for Entry Upon Land, a copy of
which is attached as Exhibit A.
2. Plaintiffs agreed to provide access to the property; however, Plaintiffs have not
cooperated in the coordination of the inspection.
3. Accordingly, STATE FARM moves this Court to compel Plaintiffs to allow STATE
FARM’s experts timely access to the interior and exterior of the property for the purpose of inspection,
measuring, surveying, photographing, and for the specific purpose of conducting a visual assessment
and physical damage assessment of the property.
4 STATE FARM’s experts shall inspect and conduct the visual assessment and physical
damage assessment of the property between the hours of 9:00 a.m., and 5:00 p.m., on date or dates
agreed to by the parties, to occur within the next thirty (30) days.
5 The time frame for conducting the visual assessment and physical damage assessment
of the property will be approximately four (4) to six (6) hours.
6 Present at the visual assessment and physical damage assessment of the property will
be Mr. Liam O’Leary and/or personnel and/or representatives of O’Leary Claims-Construction, Inc.,
and a representative of counsel for STATE FARM.
7 Plaintiffs will not be asked any questions during the inspection, other than those
questions which are necessary to access the areas of the property being inspected.
8 Plaintiffs and their experts have unlimited access to the property to inspect and examine
the property at any time.
9 STATE FARM and its experts have very limited access to the interior and the exterior
of the property at issue, and permission has to be sought from Plaintiffs and/or the Court in order for
STATE FARM and/or its experts to inspect and examine the property.
10. No destructive testing is requested at this time.
Il. No destructive testing will be performed without prior approval of the Court.
WHEREFORE, Defendant, STATE FARM FLORIDA INSURANCE COMPANY,
respectfully requests that the Court grant its Motion to Compel Entry Upon Land and grant such further
relief that the Court deems just and proper.
Respectfully submitted,
MOLHEM & FRALEY, P.A.
H\O 32258
Len AY _
David W. Molhem
Florida Bar No. 0958379
320 W. Kennedy Boulevard, Suite 330
Tampa, Florida 33606
Telephone: (813) 251-6868
Facsimile: (813) 254-0444
Molhem.efile@molhemfraley.com
Attorneys for STATE FARM FLORIDA
INSURANCE COMPANY
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing, Defendant's Motion to
Compel Entry Upon Land, has been furnished via e-mail only on this 13" day of January, 2022, to:
Thomas J. Morgan, Jr., Esquire
John Lanpher, Esquire
MORGAN LAW GROUP, P.A.
55 Merrick Way, Suite 404
Coral Gables, FL 33134
Mlg.eservice! morganlawgroup.net
rio3 2Zss
Rol
David W. Molhem
DWM/CTK.
MTC Entry Upon Land- Helmer
0650-210402
59-09Z4-72C
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CHRISTINE HELMER AND JEREMY
HELMER, CASE NO. 21000389CA
Plaintiffs,
Vv.
STATE FARM FLORIDA INSURANCE
COMPANY,
Defendant.
/
DEFENDANT’S REQUEST FOR ENTRY UPON LAND
Defendant, STATE FARM FLORIDA INSURANCE COMPANY, hereinafter referred to
as “STATE FARM” pursuant to rule 1.350 of the Florida Rules of Civil Procedure, requests that
Plaintiffs allow STATE FARM’s consultant(s) access to the property located at 8700 Front
Beach Road, Unit 4209, Panama City, FL 32407 (hereinafter “the property”) in order to
conduct visual assessments and inspections for physical damages currently found at the property,
and as grounds in support thereof states as follows:
1 STATE FARM requests that Plaintiffs allow Mr. Liam O’Leary and/or personnel
and/or representatives of O’Leary Claims-Construction, Inc., access to the interior and exterior
of the property for the purpose of inspection, measuring, surveying, photographing, and for the
specific purpose of conducting a physical damage assessment of the property at issue.
2 STATE FARM’s consultant(s) shall inspect and conduct the visual assessment
and physical damage assessment of the property between the hours of 9:00 a.m., and 5:00 p.m.,
on date or dates agreed to by the parties, to occur within the next thirty (30) days.
EXHIBIT
PA
3 Present at the physical damage assessment of the property will be Mr. Liam
O’Leary and/or personnel and/or representatives of O’Leary Claims-Construction, Inc., and a
representative of counsel for Defendant, STATE FARM.
4 The time frame for conducting the physical damage assessment of the property at
issue will be approximately four (4) to six (6) hours.
5 Plaintiffs and their consultant(s)/expert(s) have unlimited access to the property at
issue to inspect and examine the property any time.
6 STATE FARM and its consultant(s) have very limited access to the interior and
the exterior of the property at issue, and permission has to be sought from Plaintiffs and/or the
Court in order for STATE FARM and/or its consultant(s) to inspect and examine the property at
issue.
7 No destructive testing is requested at this time.
8 No destructive testing will be performed without prior approval of the Court.
WHEREFORE, Defendant, STATE FARM FLORIDA INSURANCE COMPANY,
requests that Plaintiff allow an inspection of the property at issue by Defendant’s consultant(s)
from O*Leary Claims-Construction, Inc., so that Defendant may assess any conditions of and/or
physical damages currently present at the property at issue.
espectfully submitted,
MOVHEM & FRALEY, P.A.
vid W. ‘olhem
Florida Bar No. 0958379
20 W. Kennedy Boulevard, ite 330
Tr. ampa, Florida 33606
Telephone: (813) 251-6868
Facsimile: (813) 254-0444
Molhem.efile@molhemfraley.com
Attorneys for STATE FARM FLORIDA.
INSURANCE COMPANY
Page 2 of 3
CERTIFICATE OF SERVICE
J hereby certify that a true and correct copy of the foregoing, Defendant's nae For
Entry Upon Land, has been furnished via e-mail only on_ this x 7 day of
, 2021, to:
Thomas J. Morgan, Jr., Esquire
John Lanpher, Esquire
MORGAN LAW GROUP, P.A. — — mo
55 Merrick Way, Suite 404
Coral Gables, FL 33134
Mlg.eservice@morganlawgroup.net ‘
— a
Ca
“4 David W. Molhem
DWM/lc
Request for Entry -Helmer
0650-210402,
59-09Z4-72C
Page 3 of 3
Preview
Filing # 141954703 E-Filed 01/13/2022 03:13:16 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CHRISTINE HELMER AND JEREMY HELMER, CASE NO. 21000389CA Plaintiffs, v. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO COMPEL ENTRY UPON LAND Defendant, STATE FARM FLORIDA INSURANCE COMPANY, hereinafter referred to as “STATE FARM,” by and through undersigned counsel, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby moves this Honorable Court to compel Plaintiffs, CHRISTINE HELMER and JEREMY HELMER, to provide access to the property located at 8700 Front Beach Road, Unit 4209, Panama City Beach, Florida 32407-4281 (hereinafter “the property”), for STATE FARM’s experts to conduct visual assessments and inspections for physical damages currently reported at the property, and as grounds of support thereof states as follows: 1 On August 27, 2021, STATE FARM filed its Request for Entry Upon Land, a copy of which is attached as Exhibit A. 2. Plaintiffs agreed to provide access to the property; however, Plaintiffs have not cooperated in the coordination of the inspection. 3. Accordingly, STATE FARM moves this Court to compel Plaintiffs to allow STATE FARM’s experts timely access to the interior and exterior of the property for the purpose of inspection, measuring, surveying, photographing, and for the specific purpose of conducting a visual assessment and physical damage assessment of the property. 4 STATE FARM’s experts shall inspect and conduct the visual assessment and physical damage assessment of the property between the hours of 9:00 a.m., and 5:00 p.m., on date or dates agreed to by the parties, to occur within the next thirty (30) days. 5 The time frame for conducting the visual assessment and physical damage assessment of the property will be approximately four (4) to six (6) hours. 6 Present at the visual assessment and physical damage assessment of the property will be Mr. Liam O’Leary and/or personnel and/or representatives of O’Leary Claims-Construction, Inc., and a representative of counsel for STATE FARM. 7 Plaintiffs will not be asked any questions during the inspection, other than those questions which are necessary to access the areas of the property being inspected. 8 Plaintiffs and their experts have unlimited access to the property to inspect and examine the property at any time. 9 STATE FARM and its experts have very limited access to the interior and the exterior of the property at issue, and permission has to be sought from Plaintiffs and/or the Court in order for STATE FARM and/or its experts to inspect and examine the property. 10. No destructive testing is requested at this time. Il. No destructive testing will be performed without prior approval of the Court. WHEREFORE, Defendant, STATE FARM FLORIDA INSURANCE COMPANY, respectfully requests that the Court grant its Motion to Compel Entry Upon Land and grant such further relief that the Court deems just and proper. Respectfully submitted, MOLHEM & FRALEY, P.A. H\O 32258 Len AY _ David W. Molhem Florida Bar No. 0958379 320 W. Kennedy Boulevard, Suite 330 Tampa, Florida 33606 Telephone: (813) 251-6868 Facsimile: (813) 254-0444 Molhem.efile@molhemfraley.com Attorneys for STATE FARM FLORIDA INSURANCE COMPANY CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, Defendant's Motion to Compel Entry Upon Land, has been furnished via e-mail only on this 13" day of January, 2022, to: Thomas J. Morgan, Jr., Esquire John Lanpher, Esquire MORGAN LAW GROUP, P.A. 55 Merrick Way, Suite 404 Coral Gables, FL 33134 Mlg.eservice! morganlawgroup.net rio3 2Zss Rol David W. Molhem DWM/CTK. MTC Entry Upon Land- Helmer 0650-210402 59-09Z4-72C IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CHRISTINE HELMER AND JEREMY HELMER, CASE NO. 21000389CA Plaintiffs, Vv. STATE FARM FLORIDA INSURANCE COMPANY, Defendant. / DEFENDANT’S REQUEST FOR ENTRY UPON LAND Defendant, STATE FARM FLORIDA INSURANCE COMPANY, hereinafter referred to as “STATE FARM” pursuant to rule 1.350 of the Florida Rules of Civil Procedure, requests that Plaintiffs allow STATE FARM’s consultant(s) access to the property located at 8700 Front Beach Road, Unit 4209, Panama City, FL 32407 (hereinafter “the property”) in order to conduct visual assessments and inspections for physical damages currently found at the property, and as grounds in support thereof states as follows: 1 STATE FARM requests that Plaintiffs allow Mr. Liam O’Leary and/or personnel and/or representatives of O’Leary Claims-Construction, Inc., access to the interior and exterior of the property for the purpose of inspection, measuring, surveying, photographing, and for the specific purpose of conducting a physical damage assessment of the property at issue. 2 STATE FARM’s consultant(s) shall inspect and conduct the visual assessment and physical damage assessment of the property between the hours of 9:00 a.m., and 5:00 p.m., on date or dates agreed to by the parties, to occur within the next thirty (30) days. EXHIBIT PA 3 Present at the physical damage assessment of the property will be Mr. Liam O’Leary and/or personnel and/or representatives of O’Leary Claims-Construction, Inc., and a representative of counsel for Defendant, STATE FARM. 4 The time frame for conducting the physical damage assessment of the property at issue will be approximately four (4) to six (6) hours. 5 Plaintiffs and their consultant(s)/expert(s) have unlimited access to the property at issue to inspect and examine the property any time. 6 STATE FARM and its consultant(s) have very limited access to the interior and the exterior of the property at issue, and permission has to be sought from Plaintiffs and/or the Court in order for STATE FARM and/or its consultant(s) to inspect and examine the property at issue. 7 No destructive testing is requested at this time. 8 No destructive testing will be performed without prior approval of the Court. WHEREFORE, Defendant, STATE FARM FLORIDA INSURANCE COMPANY, requests that Plaintiff allow an inspection of the property at issue by Defendant’s consultant(s) from O*Leary Claims-Construction, Inc., so that Defendant may assess any conditions of and/or physical damages currently present at the property at issue. espectfully submitted, MOVHEM & FRALEY, P.A. vid W. ‘olhem Florida Bar No. 0958379 20 W. Kennedy Boulevard, ite 330 Tr. ampa, Florida 33606 Telephone: (813) 251-6868 Facsimile: (813) 254-0444 Molhem.efile@molhemfraley.com Attorneys for STATE FARM FLORIDA. INSURANCE COMPANY Page 2 of 3 CERTIFICATE OF SERVICE J hereby certify that a true and correct copy of the foregoing, Defendant's nae For Entry Upon Land, has been furnished via e-mail only on_ this x 7 day of , 2021, to: Thomas J. Morgan, Jr., Esquire John Lanpher, Esquire MORGAN LAW GROUP, P.A. — — mo 55 Merrick Way, Suite 404 Coral Gables, FL 33134 Mlg.eservice@morganlawgroup.net ‘ — a Ca “4 David W. Molhem DWM/lc Request for Entry -Helmer 0650-210402, 59-09Z4-72C Page 3 of 3