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Filing # 68171199 E-Filed 02/20/2018 09:53:40 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE 2018-001322 (12)
KARMEL RUNCIE,
Plaintiff,
Vv.
INTERNATIONAL VILLAGE
ASSOCIATION, INC. and DOREEN
SYRLIK
Defendants.
/
DEFENDANTS, INTERNATIONAL VILLAGE ASSOCIATION, INC. AND DOREEN
SYRLIK’S, ANSWER AND AFFIRMATIVE DEFENSES AND DEMAND FOR JURY
TRIAL
COME NOW Defendants, INTERNATIONAL VILLAGE and DOREEN SYRLIK,
(hereinafter “Defendants”) by and through their undersigned counsel, and for their
Answer and Affirmative Defenses and Demand for Jury Trial to the Plaintiffs Complaint,
state as follows:
JURISDICTION AND VENUE
1. It is admitted that the Plaintiff has brought a defamation per se suit against
the Defendants. However, it is denied that the Defendants defamed the Plaintiff in any
way.
2. It is admitted that the Plaintiffs have claimed damages in excess of this
Court's jurisdictional threshold. However, it is denied that the Plaintiffs are entitled to
this sum, let alone, any sum.
3. Denied as phrased.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/20/2018 9:53:40 AM.****CASE NO: CACE 2018-001322 (12)
CONDITIONS PRECEDENT
4. Denied.
COUNT!
DEFAMATION PER SE AGAINST INTERNATIONAL VILLAGE
5. Denied.
6. Without knowledge, therefore denied.
7. Denied.
8. Denied.
9. Denied.
10. Denied.
11. Denied.
COUNT II
DEFAMATION PER SE AGAINST
IVA and SYRLIK
12. Denied.
13. Denied.
14. Denied.
15. Without knowledge, therefore denied.
16. Denied.
17. Denied.
18. Denied.
19. Denied.
20. Denied.
-2-
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12)
AFFIRMATIVE DEFENSES
1. Defendants are entitled to a credit and/or setoff for any and all collateral
sources or other sources of setoff, including settlement funds received from any entity in
the past and/or future as it relates to the subject incident; therefore, the Plaintiff,
KARMEL RUNCIE, claims are limited and/or reduced by said credits and/or setoffs.
2. Plaintiff has failed to state a cause of action against these Defendants.
3. Plaintiff's claims are barred by the doctrine of Estoppel.
4. Plaintiff's claims are barred by the doctrine of Waiver.
5. Plaintiff failed to perform conditions precedent to filing suit.
6. Plaintiff has no equitable or otherwise justiciable basis for prosecuting this
cause as Plaintiff has “unclean hands’ arising from its own acts and/or omissions.
7. The alleged defamatory statements, as referred to by the Plaintiff in the
Complaint, were not made by or on behalf of these Defendants, therefore, the Plaintiff is
unable to assert any such claim against them. Alternatively, the alleged defamatory
statements are protected by a qualified privilege, protected by an absolute privilege, or
are statements of pure opinion.
8. Defendants affirmatively assert that all statements and comments by
Defendant about Plaintiff were true and thus, cannot be the basis for a defamation
action.
9. All statements and comments made by Defendants about Plaintiff were
made by the Defendants with good motive and were fair comments made as private
citizens exercising right of free speech, discussing matter of public importance, as a
concerned citizen of the community.
-3-
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12)
10. The matters addressed by Defendants concerning Plaintiff and the
allegations contained in the Plaintiff's Complaint concern matters which affect the
interest of the general public and residents of Defendant, International Village
Association, Inc. These statements were made in good faith with the proper motives of
informing the public, and residents of Defendant, International Village Association, Inc.
Therefore the Defendants statements are protected by both qualified and conditional
privilege.
11. No act or omission on the part of Defendants either caused or contributed
to whatever injury, if any, the Plaintiff may have sustained.
12. The Plaintiff's alleged injuries, to the extent they exist, were caused by the
action, inactions, or wrongdoing, of unnamed non-parties that may be uncovered during
the course of discovery. Therefore, Defendants’ liability, if any, should be diminished or
abolished in proportion to these parties’ actions. Defendants expressly reserve the right
to amend their Affirmative Defenses to specifically name individuals or entities as Fabre
Defendants.
13. Defendants deny that they were guilty of any defamation that was the
legal cause of the incident and the damages alleged by Plaintiff herein.
14. Defendants affirmatively assert that the Plaintiff, KARMEL RUNCIE,
cannot state a cause of action against the Defendants for which relief can be granted in
accordance with Florida law, the Complaint is subject to dismissal with prejudice, and all
claims of the Plaintiff, KARMEL RUNCIE, fail as to Defendants as a matter of law.
15. Defendants reserve the right to amend its affirmative defenses as
discovery proceeds and information supporting an affirmative defense becomes known.
-4-
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12)
16. Defendants state that the alleged defamatory statements, which are
denied, were not published to any third party and therefore the Plaintiff's cause of action
is lacking in a necessary predicate element, thereby entitling these Defendants to a
judgment in their favor.
17. Defendants state that the alleged defamatory statements referred to in
Plaintiff's Complaint do not constitute defamation per se. Therefore, there is no
presumption of damages for the Plaintiff.
18. Defendants state that the alleged defamatory statements referred to in
Plaintiff's Complaint did not injure the Plaintiff in his trade or business.
19. Defendants state that the Plaintiff's alleged damages are the result of
intervening causes rather than any alleged defamation and therefore the Plaintiff cannot
recover for those damages in this suit.
20. Defendants state that the Plaintiff suffered no actual damages from the
alleged defamatory statement referred to in Plaintiff's Complaint.
21. Defendants state that the Plaintiffs Complaint is frivolous and therefore
these Defendants are entitled to attorney's fees, pursuant to F.S. §57.105.
DEMAND FOR JURY TRIAL
Defendants, INTERNATIONAL VILLAGE and DOREEN SYRLIK, demand a trial
by jury as to all issues so triable.
-5-
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12)
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 20 day of February 2018, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: chelsalewispa.@gmail.com;
lewislawpleadings@gmail.com; Chelsea Lewis, Esquire, Lewis Law LLC,,151 N. Nob
Hill Road, Suite 348, Plantation, FL 33324, Attorneys for Plaintiff.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendants,
International Village Association, Inc. and Doreen
Syrlik
Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400
P.O. Box 569015
Miami, Florida 33256
Telephone (305) 350-5361
Facsimile (305) 373-2294
Primary e-mail: Daniel. Klein@csklegal.com
Secondary e-mail: Tania.Cabrera@csklegal.com
Primary e-mail: Samuel. Falk@csklegal.com
Secondary e-mail: Linda. Vitti@csklegal.com
By: _s/ Daniel J. Klein
DANIEL J. KLEIN
Florida Bar No.: 16126
SAMUEL J. FALK
Florida Bar No.: 123539
-6-
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAX
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Filing # 68171199 E-Filed 02/20/2018 09:53:40 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE 2018-001322 (12) KARMEL RUNCIE, Plaintiff, Vv. INTERNATIONAL VILLAGE ASSOCIATION, INC. and DOREEN SYRLIK Defendants. / DEFENDANTS, INTERNATIONAL VILLAGE ASSOCIATION, INC. AND DOREEN SYRLIK’S, ANSWER AND AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL COME NOW Defendants, INTERNATIONAL VILLAGE and DOREEN SYRLIK, (hereinafter “Defendants”) by and through their undersigned counsel, and for their Answer and Affirmative Defenses and Demand for Jury Trial to the Plaintiffs Complaint, state as follows: JURISDICTION AND VENUE 1. It is admitted that the Plaintiff has brought a defamation per se suit against the Defendants. However, it is denied that the Defendants defamed the Plaintiff in any way. 2. It is admitted that the Plaintiffs have claimed damages in excess of this Court's jurisdictional threshold. However, it is denied that the Plaintiffs are entitled to this sum, let alone, any sum. 3. Denied as phrased. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/20/2018 9:53:40 AM.****CASE NO: CACE 2018-001322 (12) CONDITIONS PRECEDENT 4. Denied. COUNT! DEFAMATION PER SE AGAINST INTERNATIONAL VILLAGE 5. Denied. 6. Without knowledge, therefore denied. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. COUNT II DEFAMATION PER SE AGAINST IVA and SYRLIK 12. Denied. 13. Denied. 14. Denied. 15. Without knowledge, therefore denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. -2- COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12) AFFIRMATIVE DEFENSES 1. Defendants are entitled to a credit and/or setoff for any and all collateral sources or other sources of setoff, including settlement funds received from any entity in the past and/or future as it relates to the subject incident; therefore, the Plaintiff, KARMEL RUNCIE, claims are limited and/or reduced by said credits and/or setoffs. 2. Plaintiff has failed to state a cause of action against these Defendants. 3. Plaintiff's claims are barred by the doctrine of Estoppel. 4. Plaintiff's claims are barred by the doctrine of Waiver. 5. Plaintiff failed to perform conditions precedent to filing suit. 6. Plaintiff has no equitable or otherwise justiciable basis for prosecuting this cause as Plaintiff has “unclean hands’ arising from its own acts and/or omissions. 7. The alleged defamatory statements, as referred to by the Plaintiff in the Complaint, were not made by or on behalf of these Defendants, therefore, the Plaintiff is unable to assert any such claim against them. Alternatively, the alleged defamatory statements are protected by a qualified privilege, protected by an absolute privilege, or are statements of pure opinion. 8. Defendants affirmatively assert that all statements and comments by Defendant about Plaintiff were true and thus, cannot be the basis for a defamation action. 9. All statements and comments made by Defendants about Plaintiff were made by the Defendants with good motive and were fair comments made as private citizens exercising right of free speech, discussing matter of public importance, as a concerned citizen of the community. -3- COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12) 10. The matters addressed by Defendants concerning Plaintiff and the allegations contained in the Plaintiff's Complaint concern matters which affect the interest of the general public and residents of Defendant, International Village Association, Inc. These statements were made in good faith with the proper motives of informing the public, and residents of Defendant, International Village Association, Inc. Therefore the Defendants statements are protected by both qualified and conditional privilege. 11. No act or omission on the part of Defendants either caused or contributed to whatever injury, if any, the Plaintiff may have sustained. 12. The Plaintiff's alleged injuries, to the extent they exist, were caused by the action, inactions, or wrongdoing, of unnamed non-parties that may be uncovered during the course of discovery. Therefore, Defendants’ liability, if any, should be diminished or abolished in proportion to these parties’ actions. Defendants expressly reserve the right to amend their Affirmative Defenses to specifically name individuals or entities as Fabre Defendants. 13. Defendants deny that they were guilty of any defamation that was the legal cause of the incident and the damages alleged by Plaintiff herein. 14. Defendants affirmatively assert that the Plaintiff, KARMEL RUNCIE, cannot state a cause of action against the Defendants for which relief can be granted in accordance with Florida law, the Complaint is subject to dismissal with prejudice, and all claims of the Plaintiff, KARMEL RUNCIE, fail as to Defendants as a matter of law. 15. Defendants reserve the right to amend its affirmative defenses as discovery proceeds and information supporting an affirmative defense becomes known. -4- COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12) 16. Defendants state that the alleged defamatory statements, which are denied, were not published to any third party and therefore the Plaintiff's cause of action is lacking in a necessary predicate element, thereby entitling these Defendants to a judgment in their favor. 17. Defendants state that the alleged defamatory statements referred to in Plaintiff's Complaint do not constitute defamation per se. Therefore, there is no presumption of damages for the Plaintiff. 18. Defendants state that the alleged defamatory statements referred to in Plaintiff's Complaint did not injure the Plaintiff in his trade or business. 19. Defendants state that the Plaintiff's alleged damages are the result of intervening causes rather than any alleged defamation and therefore the Plaintiff cannot recover for those damages in this suit. 20. Defendants state that the Plaintiff suffered no actual damages from the alleged defamatory statement referred to in Plaintiff's Complaint. 21. Defendants state that the Plaintiffs Complaint is frivolous and therefore these Defendants are entitled to attorney's fees, pursuant to F.S. §57.105. DEMAND FOR JURY TRIAL Defendants, INTERNATIONAL VILLAGE and DOREEN SYRLIK, demand a trial by jury as to all issues so triable. -5- COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAXCASE NO: CACE 2018-001322 (12) CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 20 day of February 2018, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: chelsalewispa.@gmail.com; lewislawpleadings@gmail.com; Chelsea Lewis, Esquire, Lewis Law LLC,,151 N. Nob Hill Road, Suite 348, Plantation, FL 33324, Attorneys for Plaintiff. COLE, SCOTT & KISSANE, P.A. Counsel for Defendants, International Village Association, Inc. and Doreen Syrlik Cole, Scott & Kissane Building 9150 South Dadeland Boulevard, Suite 1400 P.O. Box 569015 Miami, Florida 33256 Telephone (305) 350-5361 Facsimile (305) 373-2294 Primary e-mail: Daniel. Klein@csklegal.com Secondary e-mail: Tania.Cabrera@csklegal.com Primary e-mail: Samuel. Falk@csklegal.com Secondary e-mail: Linda. Vitti@csklegal.com By: _s/ Daniel J. Klein DANIEL J. KLEIN Florida Bar No.: 16126 SAMUEL J. FALK Florida Bar No.: 123539 -6- COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O, BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-6300 - (305) 373-2294 FAX