arrow left
arrow right
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
  • VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC CONSTRUCTION DEFECT-OTHER NEGLIGENCE document preview
						
                                

Preview

Filing # 130299499 E-Filed 07/08/2021 04:34:40 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Vv. CASE NO.: 2020-CA-002942-ON ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. ni/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; Defendants. / ROYAL OAK HOMES, LLC, a Florida limited liability company; Crossclaim Plaintiff, Vv. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation, DON KING’S CONCRETE, 1263414481 INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. ni/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; Crossclaim Defendants. NOTICE OF PRODUCTION FROM NON-PARTY YOU ARE HEREBY NOTIFIED that, pursuant to Florida Rule of Civil Procedure 1.351, after 10 days from the date of service of this notice, and if no objection is received from any party, the undersigned will issue or apply to the Clerk of this Court for issuance of the attached subpoena, directed to the following, who is not a party to this action, to produce the documents and things on the attached subpoena at the time and place specified in the subpoena: Bluewater Community Management, LLC 4735 Old Canoe Creek Road St. Cloud, FL 34769 and Titan HOA Management, LLC n/k/a Artemis Lifestyle Services, Inc. 1631 E. Vine Street, Suite 300 Kissimmee, FL 34744 Respectfully submitted, 1263414481 /s/ James Michael Walls James Michael Walls Florida Bar No. 706272 Lannie D. Hough Jr. Florida Bar No. 149470 Robin H. Leavengood Florida Bar No. 0547751 Brian C. Porter Florida Bar No. 120282 CARLTON FIELDS, P.A. 4221 W. Boy Scout Boulevard Tampa, FL 33607-5780 Telephone: (813) 223-7000 Facsimile: (813) 229-4133 lhough@carltonfields.com nbonilla@carltonfields.com rleavengood@carltonfields.com mwalls@carltonfields.com bporter@carltonfields.com ejohnson@earltonfields.com bwooolard@carltonfields.com Attorneysfor Defendant, Royal Oak Homes, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 8th day of July, 2021, the foregoing was electronically filed with the Clerk of the Court by using the Florida e-filing Portal, with electronic filing notices and copies to all counsel of record. /s/ James Michael Walls Attorney 1263414481 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Vv. CASE NO.: 2020-CA-002942-ON ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. ni/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; Defendants. / ROYAL OAK HOMES, LLC, a Florida limited liability company; Crossclaim Plaintiff, Vv. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation, DON KING’S CONCRETE, 1263414481 INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. ni/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; Crossclaim Defendants. SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA TO: Bluewater Community Management, LLC Donnie Martinez, Registered Agent 4735 Old Canoe Creek Road St. Cloud, FL 34769 YOU ARE COMMANDED to appear at the law offices of Carlton Fields, PA, 4221 W. Boy Scout Blvd., Suite 1000, Tampa, Florida 33607-5780 on or before thirty (30) days from the eceipt of this subpoena, and to have with you at said time and place the following: 1 All contracts with Villas at Emerald Lake Homeowners Association, Inc. (the “Association”). 2 All proposals provided to the Association or any member of the Association concerning the building envelop or that relate to the issues or alleged defects raised in the operative Complaint. All reports provided to the Association or any member of the Association concerning the building envelop or that relate to the issues or alleged defects raised in the operative Complaint. All correspondence with the Association, anyone working for or on behalf of the Association, or any member of the Association concerning the building envelope or that 1263414481 relate to the issues or alleged defects raised in the operative Complaint. All other documents, electronic or otherwise, of any communications with the Association, anyone working for or on behalf of the Association, or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. All invoices for work performed for the Association or any member of the Association. All documents related to any work or services performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. All documents related to any repair work performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. All documents related to any payment for any work or services performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. 10. All work orders, estimates, drawings, or other document reflecting the type of work or service performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. 11 All photographs, drawings, plans, specifications and other documents reflecting the conditions of the properties that are part of the Association. 12. All photographs, drawings, plans, specifications and other documents reflecting any maintenance or repair work performed or completed by the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. If the cost for copies exceeds $100.00, please contact the attorney for approval. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. This will not be a deposition, no testimony will be taken. If you do not have records, please indicate on the Subpoena and return to the undersigned. 1263414481 Tf you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this subpoena and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of said County on this day of , 2021. CINDY STUART HILLSBOROUGH COUNTY, FL CLERK OF THE CIRCUIT COURT (SEAL) By: Deputy Clerk James Michael Walls, Esq. Robin H. Leavengood, Esq. Brian C. Porter, Esq. Carlton Fields, P.A. 4221 W. Boy Scout Blvd., Suite 1000 Tampa, Florida 33607-5780 Telephone (813) 223-7000 Attorneys for Defendant, Royal Oak Homes, LLC In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the office of CARLTON FIELDS at (813) 223 — 7000 no later than 7 days prior to the proceeding. 1263414481 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, Plaintiff, Vv. CASE NO.: 2020-CA-002942-ON ROYAL OAK HOMES, LLC, a Florida limited liability company; ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation; DON KING’S CONCRETE, INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. ni/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; THE DIMILLO GROUP, LLC, a Florida limited liability company; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; SUMMERPARK HOMES, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; Defendants. / ROYAL OAK HOMES, LLC, a Florida limited liability company; Crossclaim Plaintiff, Vv. ADVANCED WRAPPING AND CONCRETE SOLUTIONS OF CENTRAL FLORIDA, INC., a Florida corporation, DON KING’S CONCRETE, 1263414481 INC., a Florida corporation; HUGH MACDONALD CONSTRUCTION, INC., a Florida corporation; IMPERIAL BUILDING CORPORATION, a Florida corporation; PREMIER PLASTERING OF CENTRAL FLORIDA, INC. n/k/a TGK STUCCO, INC., a Florida corporation; WEATHERMASTER BUILDING PRODUCTS, INC., a Florida corporation; WEINTRAUB INSPECTIONS & FORENSICS, INC. ni/k/a WEINTRAUB ENGINEERING AND INSPECTIONS, INC., a Florida corporation; WOLF’S IRRIGATION & LANDSCAPING, INC., a Florida corporation; BROWN + COMPANY ARCHITECTURE, INC., a Florida corporation; Crossclaim Defendants. / SUBPOENA DUCES TECUM WITHOUT DEPOSITION THE STATE OF FLORIDA TO: Titan HOA Management, LLC n/k/a Artemis Lifestyle Services, Inc. Domingo Sanchez, Registered Agent 1631 E. Vine Street, Suite 300 Kissimmee, FL 34744 YOU ARE COMMANDED to appear at the law offices of Carlton Fields, PA, 4221 W. Boy Scout Blvd., Suite 1000, Tampa, Florida 33607-5780 on or before thirty (30) days from the eceipt of this subpoena, and to have with you at said time and place the following: 1 All contracts with Villas at Emerald Lake Homeowners Association, Inc. (the “Association”). 2 All proposals provided to the Association or any member of the Association concerning the building envelop or that relate to the issues or alleged defects raised in the operative Complaint. All reports provided to the Association or any member of the Association concerning the building envelop or that relate to the issues or alleged defects raised in the operative Complaint. All correspondence with the Association, anyone working for or on behalf of the Association, or any member of the Association concerning the building envelope or that 1263414481 relate to the issues or alleged defects raised in the operative Complaint. All other documents, electronic or otherwise, of any communications with the Association, anyone working for or on behalf of the Association, or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. All invoices for work performed for the Association or any member of the Association. All documents related to any work or services performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. All documents related to any repair work performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. All documents related to any payment for any work or services performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. 10. All work orders, estimates, drawings, or other document reflecting the type of work or service performed for the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. 11 All photographs, drawings, plans, specifications and other documents reflecting the conditions of the properties that are part of the Association. 12. All photographs, drawings, plans, specifications and other documents reflecting any maintenance or repair work performed or completed by the Association or any member of the Association concerning the building envelope or that relate to the issues or alleged defects raised in the operative Complaint. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. If the cost for copies exceeds $100.00, please contact the attorney for approval. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. This will not be a deposition, no testimony will be taken. If you do not have records, please indicate on the Subpoena and return to the undersigned. 1263414481 If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided; or (3) object to this subpoena, you may be in contempt of Court. You are subpoenaed by the attorney whose name appears on this subpoena and unless excused from this subpoena by the attorney or the Court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of said County on this day of » 2021. CINDY STUART HILLSBOROUGH COUNTY, FL CLERK OF THE CIRCUIT COURT (SEAL) By: Deputy Clerk James Michael Walls, Esq. Robin H. Leavengood, Esq. Brian C. Porter, Esq. Carlton Fields, P.A. 4221 W. Boy Scout Blvd., Suite 1000 Tampa, Florida 33607-5780 Telephone (813) 223-7000 Attorneys for Defendant, Royal Oak Homes, LLC In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the office of CARLTON FIELDS at (813) 223 — 7000 no later than 7 days prior to the proceeding. 1263414481