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DocuSian Envelope ID: 98COAA40-1C82-42F8-980D-F 147A39A8A2E
Filing # 136720950 E-Filed 10/18/2021 11:01:45 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
STATE OF FLORIDA Case No. 2021CA00600
DEPARTMENT OF TRANSPORTATION; Parcel 112
Petitioner,
vs
SURYAKANT PATEL;
BHARTIBEN S. PATEL;
NAJIR, LLC,
A Florida limited liability company;
INVERNESS FLORIDA MOTEL, INC.,
A Florida corporation;
CITRUS COUNTY TAX COLLECTOR;
And ALL UNKNOWN PARTIES THAT MAY
HAVE AN INTEREST IN PARCEL 112,
Defendants.
/
PETITIONER’S OBJECTION TO DEFENDANTS,
PATEL AND INVERNESS FLORIDA MOTEL, INC., MOTION TO
CONTINUE ORDER OF TAKING
Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter
“FDOT”), by and through the undersigned counsel, files its Objection to Defendants,
SURYAKANT PATEL; BHARTIBEN S. PATEL (hereinafter “Patel” and INVERNESS
FLORIDA MOTEL, INC.’s (hereinafter “Florida Motel), Motion to Continue Order of Taking
and would state:
1. Petitioner acknowledges that it filed a Petition for eminent domain in this matter on
and served a Summons on the defendants for an Order of Taking scheduled for February 22, 2022.
2. The February 22, 2022, date was coordinated with opposing counsel and when
opposing counsel agreed to the February 22! date, he was fully aware of the February 7, 2022,
trial. See attached emails marked as Exhibit “A”.DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
3. Under the norm, hearings for an Order of Taking are usually scheduled for
approximately 60 minutes (1 hour). It was at opposing counsel’s demand that this matter be
scheduled for an entire afternoon (3.5 hours). See Exhibit “A” as referenced hereinabove.
4, Petitioner further acknowledges that counsel for the Defendants represents other
clients in contested litigation, to wit: FDOT v. Sutton; Holiday CVS, et al. Petitioner further
acknowledges that on September 20, 2021, an Order Setting Jury Trial and Pre-Trial Conference
was entered scheduling trial for February 7, 2022.
5. Petitioner does not dispute fundamental rules and principals of both statutory and
case law surrounding eminent domain and those safeguards contained within and acknowledges
that owners are entitled to full and fair compensation and; entitlement to be heard at hearing.
6. What Defendants fail to acknowledge in the instant Motion for Continuance is that
undersigned counsel is attorney of record for the Sutton; Holiday CVS, litigation and has the same
deadlines and witness issues to contend with.
7. During the entire process of coordinating the hearing on this order of taking,
counsel for the Defendants was well aware of the pending Sutton, et al matter and was actively
engaged in that matter with Petitioner at the same time and had full knowledge when the hearing
on the order of taking was scheduled for because counsel for the Defendant agreed to said date.
8. The trial in the Sutton case is only slated for eight (8) days. The February 22, 2022,
order of taking is scheduled after the conclusion of said trial.
9. Counsel for the Defendant has been provided with plenty of notice to prepare for
this matter. Petitioner patiently coordinated the hearing on the Order of Taking, and gave into
demands on hearing time, and would posit that it is not “dog eat dog” at all, but simple professional
courtesy and acknowledgement of owners right to a hearing.DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
10. Defendants’ Motion is merely a tactic to delay and without merit. Counsel for the
Defendant cannot in good faith argue that the deadlines in the Sutton trial were unforeseeable.
Petitioner will suffer prejudice as a result of the continuance.
WHEREFORE, Petitioner will be prejudiced if this Order of Taking is continued and
respectfully requests that Defendants’ Motion to Continue Order of Taking be denied.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Objection to Defendants’
Motion to Continue Order of are has been furnished to all parties on the attached Service List
this 10/18/2021 | 10: 37 ASL AS SRT
Respectfully submitted,
DocuSigned by:
Rodney Wade
1295280496,
Rodney C. Wade, Esq.
Assistant General Counsel
Florida Bar No.: 0374091
Attorney for Petitioner
Florida Department of Transportation
Office of the General Counsel
11201 N. McKinley Drive
Tampa, Florida 33612
813-975-6485
d7 litigation@dot.state.fl.us
rodney. wade@dot.state.fl.usDocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
Archived: Monday, October 18, 2021 9394 AM
From: Tobyn DeYoung
2021 20
Subject: RE: FDOT v. Patel Florida Motel Case No. 2621C A600.
Importance: Nennal
Sensitivity: None
Hi Tol,
rs ne
We are unavailable on Gecember 2"*. Further, o1
Additionally you and Rodney know, we
been told by Rodney's co-counsel that all a
According! re unable to schedule any
February. This taking will be conte:
ect, please let Rodney know
Plea
ng until after that tial, alternate order of taking dates in fate
hatf day will be required for the OT hearing. Also, while we are on this
need to be
D. Tobyr Deyouny
50 Awe. Newt
St. Petersburg, FL. 33720
i 1675 Dwect Lme
328, 7100 Otfiee.
f any attechwont te tis pomai,
unit uot rnvtere, Taira
From: Pazienza, Toni [mallto:Toni, Pazienza@dot.state.fl.us}
Sent: Wednesday, September 15, 2021 3:22 PM
To: Tobyn DeYoung ; Heidi Hutcherson «
Ce: Wade, Rodney «Rodney. Watle@dot.state.f.us
Subject: FDOT v, Patel/Florida Motel, Case No, 2021CA600
im Helinger
Exhibit “A”DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
Good Afternoon: | am seeking to coordinate an Order of Taking for FOOT v, Patel/Florida Motel. Below are dates provided by
the Judicial Assistant:
December 2 1:30 pom. ta 5:00 p.m.
ecomber 20 2:20 p.m, to 5:00 p.m
December 24 9:30 a.m. to noon; 1:30 p.m. to 5:00 pan.
Please advise soonest.
Ton A. Pazienza
Paralegal Specialist
Florida Department of Transportation
Office of General Counsel
11201 N. Malcolm McKinley Drive.
Tampa, Florida 33612-6403
Fox
Ema 7
This message is intended only for the use of the individual or entity to which it fs addressed and may contain information that
is privileged, confidential and exempt trom disclosure under applicable law. If you are not the intended recipient, please
notify the sender, delete this message, and do not use. disseminate, or copy its contents. Thank you.
Exhibit “A"DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
Archived: Monday, October 18, 2021 63949. 4M
Sent: Wed. 22 Sep 2021 f
« p
Subject: RE: Fi
Importance: Norval
Hi Toni,
Thank you for your efforts in following up on this matter, We're available on the 22, so please go ahead and set it for that
date if that's ok for Rodney. ll be tied up for the rest of the week with my beautiful granddaughter's wedding on that
Saturday. { appreciate you.
My best
Jie
Jim Helinger Jr
4766 Central Ave
St. Petersburg, FL 33714
Office 727-328-7100
Cell Phone: 727-424-9364
727-328-7103
Miacuin
us i
From: Pazienza, Toni
‘ednesday, September 22, 2021 2:20PM
im Helinger
Ce: Wade, Rodney ; Heidi Hutcherson
Subject: FDOT v. Patel/Florida Motel, Case No. 2021CA600
Mr, Helinger: In response to your request ta schedule this matter for an order of taking at the end of February, 2022. please
see below dates:
February 22 1:30 pm to 5:00 pm
February 23. 1:30 pri ta 5:00 pm
February 24 1:30 pm to 5:00 pmDocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
February 25. 1:30 pm to 5:00 pm
February 28 1:30 pm to 5:00 pm
Please advise soonest sot can set this matter. Thank you,
Toni A. Pazienza
Paralegal Speciatist
Fiorida Department of Transportation
Office of General Counsel
11201.N. Maicoim Mckinley Drive
Tarmpa, Florida 33612-6403
Phone: (813) 975-8530
Fax
Emait:
This message Is intended only for the use of the individual or entity to which it is addressed and may contain information that
is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please
notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you.DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E
SERVICE LIST
PARCEL 111
James Helinger, Esq.
5650 1 Avenue North
St. Petersburg, FL 33710
Attorney for Inverness RE Holdings, LLC, a Florida limited liability company
jim@eminentdomainfla.com
tobyn@eminentdomainfla.com
heidi@eminentdomainfla.com
judy@eminentdomainfla.com
service@eminentdomainfla.com
James Helinger, Esq.
5650 1 Avenue North
St. Petersburg, FL 33710
Attorney for Z Pizza, LLC, a Florida limited liability company, d/b/a Hungry Howies
jim@eminentdomainfla.com
tobyn@eminentdomainfla.com
heidi@eminentdomainfla.com
judy@eminentdomainfla.com
service@eminentdomainfla.com
Tanya M. Williams, Esq.
Haag, Friedrich & Williams, PA
452 Pleasant Grove Rd.
Inverness, FL 34452
Attorney for Janice A. Warrant, Citrus County Tax Collector
Jifi @tampabay.1r.com
Tanyawilliams2@tampabay.rr.com
CenterState Bank, National Association, f/k/a Sunshine Bank
Serve: John C. Corbett, CEO
1101 First Street South, Suite 202
Winter Haven, FL 33880
Preview
DocuSian Envelope ID: 98COAA40-1C82-42F8-980D-F 147A39A8A2E Filing # 136720950 E-Filed 10/18/2021 11:01:45 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA STATE OF FLORIDA Case No. 2021CA00600 DEPARTMENT OF TRANSPORTATION; Parcel 112 Petitioner, vs SURYAKANT PATEL; BHARTIBEN S. PATEL; NAJIR, LLC, A Florida limited liability company; INVERNESS FLORIDA MOTEL, INC., A Florida corporation; CITRUS COUNTY TAX COLLECTOR; And ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCEL 112, Defendants. / PETITIONER’S OBJECTION TO DEFENDANTS, PATEL AND INVERNESS FLORIDA MOTEL, INC., MOTION TO CONTINUE ORDER OF TAKING Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter “FDOT”), by and through the undersigned counsel, files its Objection to Defendants, SURYAKANT PATEL; BHARTIBEN S. PATEL (hereinafter “Patel” and INVERNESS FLORIDA MOTEL, INC.’s (hereinafter “Florida Motel), Motion to Continue Order of Taking and would state: 1. Petitioner acknowledges that it filed a Petition for eminent domain in this matter on and served a Summons on the defendants for an Order of Taking scheduled for February 22, 2022. 2. The February 22, 2022, date was coordinated with opposing counsel and when opposing counsel agreed to the February 22! date, he was fully aware of the February 7, 2022, trial. See attached emails marked as Exhibit “A”.DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E 3. Under the norm, hearings for an Order of Taking are usually scheduled for approximately 60 minutes (1 hour). It was at opposing counsel’s demand that this matter be scheduled for an entire afternoon (3.5 hours). See Exhibit “A” as referenced hereinabove. 4, Petitioner further acknowledges that counsel for the Defendants represents other clients in contested litigation, to wit: FDOT v. Sutton; Holiday CVS, et al. Petitioner further acknowledges that on September 20, 2021, an Order Setting Jury Trial and Pre-Trial Conference was entered scheduling trial for February 7, 2022. 5. Petitioner does not dispute fundamental rules and principals of both statutory and case law surrounding eminent domain and those safeguards contained within and acknowledges that owners are entitled to full and fair compensation and; entitlement to be heard at hearing. 6. What Defendants fail to acknowledge in the instant Motion for Continuance is that undersigned counsel is attorney of record for the Sutton; Holiday CVS, litigation and has the same deadlines and witness issues to contend with. 7. During the entire process of coordinating the hearing on this order of taking, counsel for the Defendants was well aware of the pending Sutton, et al matter and was actively engaged in that matter with Petitioner at the same time and had full knowledge when the hearing on the order of taking was scheduled for because counsel for the Defendant agreed to said date. 8. The trial in the Sutton case is only slated for eight (8) days. The February 22, 2022, order of taking is scheduled after the conclusion of said trial. 9. Counsel for the Defendant has been provided with plenty of notice to prepare for this matter. Petitioner patiently coordinated the hearing on the Order of Taking, and gave into demands on hearing time, and would posit that it is not “dog eat dog” at all, but simple professional courtesy and acknowledgement of owners right to a hearing.DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E 10. Defendants’ Motion is merely a tactic to delay and without merit. Counsel for the Defendant cannot in good faith argue that the deadlines in the Sutton trial were unforeseeable. Petitioner will suffer prejudice as a result of the continuance. WHEREFORE, Petitioner will be prejudiced if this Order of Taking is continued and respectfully requests that Defendants’ Motion to Continue Order of Taking be denied. Certificate of Service I hereby certify that a true and correct copy of the foregoing Objection to Defendants’ Motion to Continue Order of are has been furnished to all parties on the attached Service List this 10/18/2021 | 10: 37 ASL AS SRT Respectfully submitted, DocuSigned by: Rodney Wade 1295280496, Rodney C. Wade, Esq. Assistant General Counsel Florida Bar No.: 0374091 Attorney for Petitioner Florida Department of Transportation Office of the General Counsel 11201 N. McKinley Drive Tampa, Florida 33612 813-975-6485 d7 litigation@dot.state.fl.us rodney. wade@dot.state.fl.usDocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E Archived: Monday, October 18, 2021 9394 AM From: Tobyn DeYoung 2021 20 Subject: RE: FDOT v. Patel Florida Motel Case No. 2621C A600. Importance: Nennal Sensitivity: None Hi Tol, rs ne We are unavailable on Gecember 2"*. Further, o1 Additionally you and Rodney know, we been told by Rodney's co-counsel that all a According! re unable to schedule any February. This taking will be conte: ect, please let Rodney know Plea ng until after that tial, alternate order of taking dates in fate hatf day will be required for the OT hearing. Also, while we are on this need to be D. Tobyr Deyouny 50 Awe. Newt St. Petersburg, FL. 33720 i 1675 Dwect Lme 328, 7100 Otfiee. f any attechwont te tis pomai, unit uot rnvtere, Taira From: Pazienza, Toni [mallto:Toni, Pazienza@dot.state.fl.us} Sent: Wednesday, September 15, 2021 3:22 PM To: Tobyn DeYoung ; Heidi Hutcherson « Ce: Wade, Rodney «Rodney. Watle@dot.state.f.us Subject: FDOT v, Patel/Florida Motel, Case No, 2021CA600 im Helinger Exhibit “A”DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E Good Afternoon: | am seeking to coordinate an Order of Taking for FOOT v, Patel/Florida Motel. Below are dates provided by the Judicial Assistant: December 2 1:30 pom. ta 5:00 p.m. ecomber 20 2:20 p.m, to 5:00 p.m December 24 9:30 a.m. to noon; 1:30 p.m. to 5:00 pan. Please advise soonest. Ton A. Pazienza Paralegal Specialist Florida Department of Transportation Office of General Counsel 11201 N. Malcolm McKinley Drive. Tampa, Florida 33612-6403 Fox Ema 7 This message is intended only for the use of the individual or entity to which it fs addressed and may contain information that is privileged, confidential and exempt trom disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use. disseminate, or copy its contents. Thank you. Exhibit “A"DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E Archived: Monday, October 18, 2021 63949. 4M Sent: Wed. 22 Sep 2021 f « p Subject: RE: Fi Importance: Norval Hi Toni, Thank you for your efforts in following up on this matter, We're available on the 22, so please go ahead and set it for that date if that's ok for Rodney. ll be tied up for the rest of the week with my beautiful granddaughter's wedding on that Saturday. { appreciate you. My best Jie Jim Helinger Jr 4766 Central Ave St. Petersburg, FL 33714 Office 727-328-7100 Cell Phone: 727-424-9364 727-328-7103 Miacuin us i From: Pazienza, Toni ‘ednesday, September 22, 2021 2:20PM im Helinger Ce: Wade, Rodney ; Heidi Hutcherson Subject: FDOT v. Patel/Florida Motel, Case No. 2021CA600 Mr, Helinger: In response to your request ta schedule this matter for an order of taking at the end of February, 2022. please see below dates: February 22 1:30 pm to 5:00 pm February 23. 1:30 pri ta 5:00 pm February 24 1:30 pm to 5:00 pmDocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E February 25. 1:30 pm to 5:00 pm February 28 1:30 pm to 5:00 pm Please advise soonest sot can set this matter. Thank you, Toni A. Pazienza Paralegal Speciatist Fiorida Department of Transportation Office of General Counsel 11201.N. Maicoim Mckinley Drive Tarmpa, Florida 33612-6403 Phone: (813) 975-8530 Fax Emait: This message Is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, please notify the sender, delete this message, and do not use, disseminate, or copy its contents. Thank you.DocuSign Envelope ID: 98COAA40-1C82-42F8-980D-F147A39A8A2E SERVICE LIST PARCEL 111 James Helinger, Esq. 5650 1 Avenue North St. Petersburg, FL 33710 Attorney for Inverness RE Holdings, LLC, a Florida limited liability company jim@eminentdomainfla.com tobyn@eminentdomainfla.com heidi@eminentdomainfla.com judy@eminentdomainfla.com service@eminentdomainfla.com James Helinger, Esq. 5650 1 Avenue North St. Petersburg, FL 33710 Attorney for Z Pizza, LLC, a Florida limited liability company, d/b/a Hungry Howies jim@eminentdomainfla.com tobyn@eminentdomainfla.com heidi@eminentdomainfla.com judy@eminentdomainfla.com service@eminentdomainfla.com Tanya M. Williams, Esq. Haag, Friedrich & Williams, PA 452 Pleasant Grove Rd. Inverness, FL 34452 Attorney for Janice A. Warrant, Citrus County Tax Collector Jifi @tampabay.1r.com Tanyawilliams2@tampabay.rr.com CenterState Bank, National Association, f/k/a Sunshine Bank Serve: John C. Corbett, CEO 1101 First Street South, Suite 202 Winter Haven, FL 33880