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Filing # 76558400 E-Filed 08/16/2018 02:26:33 PM
IN THE 20™ CIRCUIT COURT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE #2017 CA 000181
IRIS BEAUGRAND, etc.,
Plaintiff! Counter-Defendant,
v. NOTICE OF HEARING! FOR CASE
MANAGEMENT CONFERENCE
ROBERT O’fOOLE,
Defendant/ Counter-Plaintiff.
/
PLEASE TAKE NOTICE that ROBERT O’TOOLE, Defendant/Counter-Plaintiff,
pursuant to Fla.R.Civ.Pro 1.200(a), shall convene a CASE MANAGEMENT
CONFERENCE concerning the instant proceedings, before the Honorable JUDGE LISA S.
PORTER on SEPTEMBER 24, 2018, at 2:30? in Courtroom 4A}, at the Charlotte County
Justice Center, 350 E. Marion Avenue, Punta Gorda, Florida 33950, or as soon thereafter as
counsel may be heard. PLEASE SEE ATTACHED FOR FURTHER INFORMATION.
IDO HEREBY CERTIFY that a true and correct copy of the foregoing was caused to
be served by electronic mail on August 16, 2018, upon Steele T. Williams, Esquire, STEELE T
WILLIAMS, PA, attorney for plaintiff, Pineapple Place, 1381 McAnsh Square, Sarasota, Florida,
34236; Steele TWilliams(@Comeast. Net.
Respectfully submitted,
BRET SHAWN CLARK, PA
PO BOX 1133
Englewood, Florida 34295
Tel: (941) 404-4704
BretClark@WebNetLawyer.Com
[Bret (Hank
Bret Clark, Esquire FB #384038
Attorney for Defendant/Counter-Plaintiff
Robert O’ Toole
' Date and time availability confirmed through JACS & set through Judicial Assistant.
? Date and time scheduled among those available that were approved by opposing counsel.
? Courtroom assignment subject to change.Beaugrand v. O'Toole
Case Number 2017 CA 000181
STATEMENT OF ROBERT O’TOOLE CONCERNING
NEED FOR CASE MANAGEMENT CONFERENCE
Currently pending before this Court (20" Circuit Court in & for Charlotte County,
Florida, Case # 2017 CA 000181) are claims and counterclaims between Iris Beaugrand and
Robert O’Toole related to property located in Charlotte County, and 2 other properties in
Sarasota County, and related issues concerning their separation from a long term relationship.
A companion case was filed by Beaugrand in the Circuit Court in and for Sarasota
County, Florida (Beaugrand v. O’Toole, Case #2016 CA 006351 NC). A final order was
entered by the Sarasota County Circuit Court which is currently before the Second District
Court of Appeal, State of Florida (Case # 2D18-1935). Case information, including briefs
filed can be accessed here: https://edca,2dca.org/Login aspx?RetumUrl=%2f
Before this Court Beaugrand is expected to, and has, asserted that the outcome of the
case before the Sarasota County Circuit Court is res judicata as to the claims asserted by her in
this case, as well as the claims asserted here by O’Toole, who disagrees that such is the case.
In all events, as a practical if not legal matter this Court cannot apply res judicata to the
order in the Sarasota County case while that order is on appeal, nor proceed to adjudication of
this case without first having the benefit of an order and opinion of the Second District Court
of Appeal in the Sarasota County case. This is both because the decision of the Second District
Court, and any opinion rendered, would establish the law of the case as between the parties,
and/or would establish precedent to which this Court would be required to adhere.
Rule 1.200(a) allows for a case management conference to be convened in
circumstances such as those that present themselves in the instant proceeding, such as
scheduling and other related issues as provided in subparts (a)(1)-(13) of the Rule.
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Filing # 76558400 E-Filed 08/16/2018 02:26:33 PM IN THE 20™ CIRCUIT COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE #2017 CA 000181 IRIS BEAUGRAND, etc., Plaintiff! Counter-Defendant, v. NOTICE OF HEARING! FOR CASE MANAGEMENT CONFERENCE ROBERT O’fOOLE, Defendant/ Counter-Plaintiff. / PLEASE TAKE NOTICE that ROBERT O’TOOLE, Defendant/Counter-Plaintiff, pursuant to Fla.R.Civ.Pro 1.200(a), shall convene a CASE MANAGEMENT CONFERENCE concerning the instant proceedings, before the Honorable JUDGE LISA S. PORTER on SEPTEMBER 24, 2018, at 2:30? in Courtroom 4A}, at the Charlotte County Justice Center, 350 E. Marion Avenue, Punta Gorda, Florida 33950, or as soon thereafter as counsel may be heard. PLEASE SEE ATTACHED FOR FURTHER INFORMATION. IDO HEREBY CERTIFY that a true and correct copy of the foregoing was caused to be served by electronic mail on August 16, 2018, upon Steele T. Williams, Esquire, STEELE T WILLIAMS, PA, attorney for plaintiff, Pineapple Place, 1381 McAnsh Square, Sarasota, Florida, 34236; Steele TWilliams(@Comeast. Net. Respectfully submitted, BRET SHAWN CLARK, PA PO BOX 1133 Englewood, Florida 34295 Tel: (941) 404-4704 BretClark@WebNetLawyer.Com [Bret (Hank Bret Clark, Esquire FB #384038 Attorney for Defendant/Counter-Plaintiff Robert O’ Toole ' Date and time availability confirmed through JACS & set through Judicial Assistant. ? Date and time scheduled among those available that were approved by opposing counsel. ? Courtroom assignment subject to change.Beaugrand v. O'Toole Case Number 2017 CA 000181 STATEMENT OF ROBERT O’TOOLE CONCERNING NEED FOR CASE MANAGEMENT CONFERENCE Currently pending before this Court (20" Circuit Court in & for Charlotte County, Florida, Case # 2017 CA 000181) are claims and counterclaims between Iris Beaugrand and Robert O’Toole related to property located in Charlotte County, and 2 other properties in Sarasota County, and related issues concerning their separation from a long term relationship. A companion case was filed by Beaugrand in the Circuit Court in and for Sarasota County, Florida (Beaugrand v. O’Toole, Case #2016 CA 006351 NC). A final order was entered by the Sarasota County Circuit Court which is currently before the Second District Court of Appeal, State of Florida (Case # 2D18-1935). Case information, including briefs filed can be accessed here: https://edca,2dca.org/Login aspx?RetumUrl=%2f Before this Court Beaugrand is expected to, and has, asserted that the outcome of the case before the Sarasota County Circuit Court is res judicata as to the claims asserted by her in this case, as well as the claims asserted here by O’Toole, who disagrees that such is the case. In all events, as a practical if not legal matter this Court cannot apply res judicata to the order in the Sarasota County case while that order is on appeal, nor proceed to adjudication of this case without first having the benefit of an order and opinion of the Second District Court of Appeal in the Sarasota County case. This is both because the decision of the Second District Court, and any opinion rendered, would establish the law of the case as between the parties, and/or would establish precedent to which this Court would be required to adhere. Rule 1.200(a) allows for a case management conference to be convened in circumstances such as those that present themselves in the instant proceeding, such as scheduling and other related issues as provided in subparts (a)(1)-(13) of the Rule. Page 2