On January 12, 2018 a
Reply to Answer
was filed
involving a dispute between
Herzog, Lawrence,
and
City Of Deerfield Beach,
Sequoia Gardens Condominium Association Inc,
for Neg - Premises Liability Commercial
in the District Court of Broward County.
Preview
Filing # 105151871 E-Filed 03/19/2020 12:48:26 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA.
LAWRENCE HERZOG,
Plaintiff, Case No. CACE18-000943 (14)
vs.
SEQUOIA GARDENS CONDOMINIUM
ASSOCIATION, INC. and CITY OF
DEERFIELD BEACH, a political subdivision
of the State of Florida,
Defendant.
a
PLAINTIFF’S REPLY TO DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
The Plaintiff, LAWRENCE HERZOG, by and through his undersigned attorneys, files this
his Reply to Affirmative Defenses of Defendant, SEQUOIA GARDENS CONDOMINIUM
ASSOCIATION, INC., as set forth in its Answer and Affirmative Defenses to Second Amended
Complaint and Demand for Jury Trial and states:
1. The Plaintiff denies each and every affirmative defense, as set forth in the Answer,
and demands strict proof thereof.
2. As to affirmative defense number three (3), the Defendant has failed to identify any
non-parties to whom fault is to be apportioned, pursuant to Nash v. Wells Fargo Guard Services,
Inc., 678 So.2d 1262 (1996), and said defenses should be barred.
3. As to affirmative defense number nineteen (19), said defense is wholly inapplicable
to an action at law in that said defense sounds in equity. PNC Bank, Nat'l Ass'n v. Smith (Fla. 5"
DCA 2017).
Page I of 3
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/19/2020 12:48:26 PM.****Certificate of Service
IHEREBY CERTIFY that a true copy of the foregoing was served via E-Filing Portal this 19" day
of March 2020 on: Attached Service List.
COLLIER & ASSOCIATES
7390 NW 5'* Avenue, Suite 10
Plantation, Florida 33317
(954) 452-9500
(954) 791-4480 (facsimile)
By: /s Robert Collier
Robert E. Collier, II
Fla. Bar No. 854440
rob@flaattorneys.com.
Frank J. Taddeo
Fla. Bar No. 729388
fjtaddeo@bellsouth.net
Page 2 of 3Service List
Lonni D. Tessler, Esq. Attorneys for SEQUOIA GARDENS CONDO. ASSOC.
Sanaz Alempour, Esq.
Cole Scott & Kissane
Lakeside Office Center, Suite 500
600 North Pine Island Road
Plantation, Florida 33324
Telephone (954) 343-3992
Facsimile (954) 474-7979
Primary e-mail: lonni.tessler@csklegal.com
Secondary e-mail: debbie.arencibia@ecsklegal.com
Primary e-mail: sanaz.alempour@csklegal.com
Secondary e-mail: jenniferl.smith@csklegal.com
Matthew H. Mandel, Esq. Attorneys for CITY OF DEERFIELD BEACH
Justin D. Luger, Esq.
Weiss Serota, et al
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, FL 33301
Telephone: 954-763-4242
mmandel@wsh-law.com (primary)
Ibrewley@wsh-law.com (secondary)
jluger@wsh-law.com (primary)
jmessa@wsh-law.com (secondary)
Page 3 of 3
Document Filed Date
March 19, 2020
Case Filing Date
January 12, 2018
Category
Neg - Premises Liability Commercial
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Filing # 105151871 E-Filed 03/19/2020 12:48:26 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. LAWRENCE HERZOG, Plaintiff, Case No. CACE18-000943 (14) vs. SEQUOIA GARDENS CONDOMINIUM ASSOCIATION, INC. and CITY OF DEERFIELD BEACH, a political subdivision of the State of Florida, Defendant. a PLAINTIFF’S REPLY TO DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES The Plaintiff, LAWRENCE HERZOG, by and through his undersigned attorneys, files this his Reply to Affirmative Defenses of Defendant, SEQUOIA GARDENS CONDOMINIUM ASSOCIATION, INC., as set forth in its Answer and Affirmative Defenses to Second Amended Complaint and Demand for Jury Trial and states: 1. The Plaintiff denies each and every affirmative defense, as set forth in the Answer, and demands strict proof thereof. 2. As to affirmative defense number three (3), the Defendant has failed to identify any non-parties to whom fault is to be apportioned, pursuant to Nash v. Wells Fargo Guard Services, Inc., 678 So.2d 1262 (1996), and said defenses should be barred. 3. As to affirmative defense number nineteen (19), said defense is wholly inapplicable to an action at law in that said defense sounds in equity. PNC Bank, Nat'l Ass'n v. Smith (Fla. 5" DCA 2017). Page I of 3 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/19/2020 12:48:26 PM.****Certificate of Service IHEREBY CERTIFY that a true copy of the foregoing was served via E-Filing Portal this 19" day of March 2020 on: Attached Service List. COLLIER & ASSOCIATES 7390 NW 5'* Avenue, Suite 10 Plantation, Florida 33317 (954) 452-9500 (954) 791-4480 (facsimile) By: /s Robert Collier Robert E. Collier, II Fla. Bar No. 854440 rob@flaattorneys.com. Frank J. Taddeo Fla. Bar No. 729388 fjtaddeo@bellsouth.net Page 2 of 3Service List Lonni D. Tessler, Esq. Attorneys for SEQUOIA GARDENS CONDO. ASSOC. Sanaz Alempour, Esq. Cole Scott & Kissane Lakeside Office Center, Suite 500 600 North Pine Island Road Plantation, Florida 33324 Telephone (954) 343-3992 Facsimile (954) 474-7979 Primary e-mail: lonni.tessler@csklegal.com Secondary e-mail: debbie.arencibia@ecsklegal.com Primary e-mail: sanaz.alempour@csklegal.com Secondary e-mail: jenniferl.smith@csklegal.com Matthew H. Mandel, Esq. Attorneys for CITY OF DEERFIELD BEACH Justin D. Luger, Esq. Weiss Serota, et al 200 East Broward Boulevard, Suite 1900 Fort Lauderdale, FL 33301 Telephone: 954-763-4242 mmandel@wsh-law.com (primary) Ibrewley@wsh-law.com (secondary) jluger@wsh-law.com (primary) jmessa@wsh-law.com (secondary) Page 3 of 3