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Filing # 92573506 E-Filed 07/15/2019 03:52:32 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 18-000943 CACE (14)
LAWRENCE HERZOG,
Plaintiff,
v.
SEQUOIA GARDENS CONDOMINIUM
ASSOCIATION, INC., and CITY OF
DEERFIELD BEACH, a political subdivision
of the State of Florida,
Defendant.
fee aS a EES eee
NOTICE OF FILING AFFIDAVIT
COMES NOW Defendant, SEQUOIA GARDENS CONDOMINIUM
ASSOCIATION, INC., by and through its undersigned counsel, and files this Notice of
Filing the affidavit of Sheila O'Neil in Support of Defendant's Motion for Final Summary
Judgment and Incorporated Memorandum of Law, with the Clerk of the Court in the
above-referenced matter to be used in support of a Motion to Summary Judgment, for
use at trial or any other hearing, deposition on this matter.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 15th day of July, 2019, 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: Robert E. Collier, Il, Esq., Collier & Associates,
Page 1
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 -600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/15/2019 03:52:32 PM.****CASE NO.: 18-000943 CACE (14)
rob@flaattorneys.com, 7390 NW 5th Street, Ste. 10, Plantation, FL 33317, (954) 452-
9500, Attorney for Plaintiff, Lawrence Herzog, Justin D. Luger, Esq., Weiss Serota
Helfman Cole & Bierman, P.L., jluger@wsh-law.com;imunoz@wsh-law.com, 200 East
Broward Boulevard, Suite 1900, Fort Lauderdale, FL 33301, (954) 763-4242/(954) 764-
7770 (F), Attorney for Non-Party (CMS), City of Deerfield Beach and Frank J. Taddeo,
Esq., fitaddeo@pbellsouth.net, 7390 NW 5th Street, Ste. 10, Plantation, FL 33317, (305)
892-7122/(305) 892-7124 (F), Attorney for Plaintiff, Lawrence Herzog.
9410.0177-00/14721927
By:
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant SEQUOIA GARDENS
CONDOMINIUM ASSOCIATION, INC.,
Lakeside Office Center, Suite 500
600 North Pine Island Road
Plantation, Florida 33324
Telephone (954) 343-3902
Facsimile (954) 474-7979
Primary e-mail: lonni.tessler@csklegal.com
Secondary e-mail: sanaz.alempour@csklegal.com
Alternate e-mail: toni-ortiz@csklegal.com
Alternate e-mail: debbie.arencibia@csklegal.com
s/ Sanaz Alempour
SANAZ ALEMPOUR
Florida Bar No.: 73720
LONNI D. TESSLER
Florida Bar No.:586927
Page 2
COLE, SCOTT & KISSANE, P.A.
LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (054) 474-7079 FAXAFFIDAVIT OF SHEILA O'NEIL
STATE OF FLORIDA )
}ss
BROWARD COUNTY )
BEFORE ME, the undersigned authority, this day personally appeared SHEILA
O'NEIL. who after being duly sworn. deposes and says the following:
1 | am over the age of 18 years, competent to testify in a court of law and to
testify of my own personal knowledge.
2 }am the property manager at Sequoia Gardens Condominium Association
Inc. and have been the property manager since Doecbech LAT
3. | am employed by Davenport Professional Property Management
4 The Plaintiff sent me an email on December 30. 2016 reporting a fall that
occurred on September 6, 2016.
5 The was the first time Plaintiff reported his fail to Sequoia Gardens
Condominium Association. Inc.
6. On January 13. 2017, Plaintiff sent another email stating that his December
30. 2016 had a typographicai error as the actual date of the fall was October 6. 2016 and
not September 6, 2016
7 On October 6, 2016. Sequoia Gardens Condominium Association. Inc., was
not aware of any foreign transitory substance on the asphalt outside the dumpster where
the Plaintiff fell as alleged in the Amended Compiaint8 Prior to this incident. Sequoia Gardens Condominium Association. Inc., had
no other slip and falls occur outside the dumpster where the Plaintiff fell as alleged in the
Amended Complaint
9. Prior to this incident, Sequoia Gardens Condominium Association, Inc.. had
no notice as to garbage leaking from the garbage trucks outside the dumpster where the
Plaintiff fell as alleged in the Amended Complaint
10. Prior to this incident. Sequoia Gardens Condominium Association, Inc., had
not received any complaints regarding garbage trucks leaking on the asphalt near the
dumpsters.
UNDER PENALTIES OF PERJURY. | declare that | have read the foregoing and
the facts are true to the best of my knowledge and beliefsFURTHER AFFIANT SAYETH NOT.
SHEILA O'NEIL
STATE OF FLORIDA )
)ss
BROWARD COUNTY )
Sworn and subscribed before me this 7 day of whe Lf . 2019, by
SHEILA ONEIL. who is _ personally known to me or produced
as identification
Signature of Notary
rotary Pubic
ES Commmssy 0 Gis 128274
my Com Expires may 3°, 2023
danced through National Notary ASSA
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Filing # 92573506 E-Filed 07/15/2019 03:52:32 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 18-000943 CACE (14) LAWRENCE HERZOG, Plaintiff, v. SEQUOIA GARDENS CONDOMINIUM ASSOCIATION, INC., and CITY OF DEERFIELD BEACH, a political subdivision of the State of Florida, Defendant. fee aS a EES eee NOTICE OF FILING AFFIDAVIT COMES NOW Defendant, SEQUOIA GARDENS CONDOMINIUM ASSOCIATION, INC., by and through its undersigned counsel, and files this Notice of Filing the affidavit of Sheila O'Neil in Support of Defendant's Motion for Final Summary Judgment and Incorporated Memorandum of Law, with the Clerk of the Court in the above-referenced matter to be used in support of a Motion to Summary Judgment, for use at trial or any other hearing, deposition on this matter. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 15th day of July, 2019, 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: Robert E. Collier, Il, Esq., Collier & Associates, Page 1 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 -600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (954) 474-7979 FAX. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/15/2019 03:52:32 PM.****CASE NO.: 18-000943 CACE (14) rob@flaattorneys.com, 7390 NW 5th Street, Ste. 10, Plantation, FL 33317, (954) 452- 9500, Attorney for Plaintiff, Lawrence Herzog, Justin D. Luger, Esq., Weiss Serota Helfman Cole & Bierman, P.L., jluger@wsh-law.com;imunoz@wsh-law.com, 200 East Broward Boulevard, Suite 1900, Fort Lauderdale, FL 33301, (954) 763-4242/(954) 764- 7770 (F), Attorney for Non-Party (CMS), City of Deerfield Beach and Frank J. Taddeo, Esq., fitaddeo@pbellsouth.net, 7390 NW 5th Street, Ste. 10, Plantation, FL 33317, (305) 892-7122/(305) 892-7124 (F), Attorney for Plaintiff, Lawrence Herzog. 9410.0177-00/14721927 By: COLE, SCOTT & KISSANE, P.A. Counsel for Defendant SEQUOIA GARDENS CONDOMINIUM ASSOCIATION, INC., Lakeside Office Center, Suite 500 600 North Pine Island Road Plantation, Florida 33324 Telephone (954) 343-3902 Facsimile (954) 474-7979 Primary e-mail: lonni.tessler@csklegal.com Secondary e-mail: sanaz.alempour@csklegal.com Alternate e-mail: toni-ortiz@csklegal.com Alternate e-mail: debbie.arencibia@csklegal.com s/ Sanaz Alempour SANAZ ALEMPOUR Florida Bar No.: 73720 LONNI D. TESSLER Florida Bar No.:586927 Page 2 COLE, SCOTT & KISSANE, P.A. LAKESIDE OFFICE CENTER, SUITE 500 - 600 NORTH PINE ISLAND ROAD - PLANTATION, FLORIDA 33324 (954) 473-1112 (054) 474-7079 FAXAFFIDAVIT OF SHEILA O'NEIL STATE OF FLORIDA ) }ss BROWARD COUNTY ) BEFORE ME, the undersigned authority, this day personally appeared SHEILA O'NEIL. who after being duly sworn. deposes and says the following: 1 | am over the age of 18 years, competent to testify in a court of law and to testify of my own personal knowledge. 2 }am the property manager at Sequoia Gardens Condominium Association Inc. and have been the property manager since Doecbech LAT 3. | am employed by Davenport Professional Property Management 4 The Plaintiff sent me an email on December 30. 2016 reporting a fall that occurred on September 6, 2016. 5 The was the first time Plaintiff reported his fail to Sequoia Gardens Condominium Association. Inc. 6. On January 13. 2017, Plaintiff sent another email stating that his December 30. 2016 had a typographicai error as the actual date of the fall was October 6. 2016 and not September 6, 2016 7 On October 6, 2016. Sequoia Gardens Condominium Association. Inc., was not aware of any foreign transitory substance on the asphalt outside the dumpster where the Plaintiff fell as alleged in the Amended Compiaint8 Prior to this incident. Sequoia Gardens Condominium Association. Inc., had no other slip and falls occur outside the dumpster where the Plaintiff fell as alleged in the Amended Complaint 9. Prior to this incident, Sequoia Gardens Condominium Association, Inc.. had no notice as to garbage leaking from the garbage trucks outside the dumpster where the Plaintiff fell as alleged in the Amended Complaint 10. Prior to this incident. Sequoia Gardens Condominium Association, Inc., had not received any complaints regarding garbage trucks leaking on the asphalt near the dumpsters. UNDER PENALTIES OF PERJURY. | declare that | have read the foregoing and the facts are true to the best of my knowledge and beliefsFURTHER AFFIANT SAYETH NOT. SHEILA O'NEIL STATE OF FLORIDA ) )ss BROWARD COUNTY ) Sworn and subscribed before me this 7 day of whe Lf . 2019, by SHEILA ONEIL. who is _ personally known to me or produced as identification Signature of Notary rotary Pubic ES Commmssy 0 Gis 128274 my Com Expires may 3°, 2023 danced through National Notary ASSA