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Filing #69807474 E-Filed 03/26/2018 03:21:04 PM
IN THE CIRCUIT COURT OF THE 16™
JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
CASE NO.: 2017-CA-000166 MR
GENERAL JURISDICTION
DIVISION
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant/Appellant, NOTICE OF APPEAL OF
NON-FINAL ORDERS
vs.
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff/Appellee.
/
NOTICE OF APPEAL OF NON-FINAL ORDERS
NOTICEIS GIVEN that De fendant/A ppellant, BIZA, CORP. d/b/a
GALWAY
BAY MOBILE HOME PARK, appeals to the Third District
Court of Appeal, the
orders of this court rendered on February 26, 2018. Conformed
copies of the orders
designated in the notice of appeal are attached in accordance with Rules
9.130(a)(3)(C)(i) and (vi). The nature of the orders are 1) a non-fi
nal order denying
Defendant/Appellant’s Motion for Final Summary Judgment
that challenged the
Plaintiff/Appellee’s standing to represent a class pursuant
to Florida Rule of Civil
Procedure 1.222, and 2) a non-final order denying Defendant/
Appellant’s motion to
certify a class. Because the trial court took no evidence during the
hearing addressing
class certification but relied on the argument made and evide
nce presented at the
hearing on summary judgment, the two orders and court record
are inextricably
intertwined.
Respectfully submitted, this 26" day of March, 2018.
/s/ Carol §. Grondzik
CAROL S. GRONDZIK
Florida Bar No. 0156833
esgrondzik@floridahousinglaw.com
DAVID D. EASTMAN
Florida Bar No. 454559
eastman@floridahousinglaw.com
gayledcason@floridahousinglaw.com
Lutz, Bobo & Telfair, P.A.
2155 Delta Blvd. Suite 210-B
Tallahassee, FL 32303
(850) 521-0890 telephone
(850) 521-0891 facsimile
Attorneys for Appellant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
has been
furnished electronically via the Florida e-filing portal to Nejla
Calvo, Esq., and
Jeffrey M. Hearne, Esq., Attorneys for Plaintiff, LEGA
L SERVICES OF
GREATER MIAMI, INC., 4343 West Flagler Street, Suite 100,
Miami, FL 33137
(ncalvo@legalservicesmiami.org: jhearne@legalservicesmiami.org:
crodriguez@legalservicesmiami.org: pleadings@legalservicesmi
ami.org, and Scott
L. Baena, Esq., and Jennifer Junger, Esq., Attorneys for Plainti
ff, Bilzin Sumberg
Baena Price & Axelrod, LLP, 1450 Brickell Ave., Ste. 2300, Miami
, FL 33131-3456
(sbaena@bilzin.com: jjunger@bilzin.com: stapanes@bilzin.com;
eservice@bilzin.com) this 26" day of March, 2018.
/s/ Carol S$. Grondzik
Attorney
IN THE CIRCUIT COURT OF THE 1674 JUDICIAL CIR
CUIT
OF FLORIDA, IN AND FOR MONROE COUNTY
CASE NUMBER: 2017-CA-166-M
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff(s),
Vv.
BIZA, CORP. d/b/a GALWAY BAY
MOBILE HOME PARK,
Defendant,
———— —_ an
ORDER DENYING DEFENDANT'S MOTION FOR
FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Court on
January 23, 2018
upon the Defendant's Motion for Final Summary
Judgment and the Court,
having considered said motion, the re S| ponse in oppos
ition, the summary
judgment evidence, pertinent legal aut! hority, argu
ment of counsel, the
Court file, and being otherwise fully advised in the premi
ses, hereby finds
as follows:
1. There are no disputed issues of material fact raised
in the
Defendant's Motion for Summary Judgment.
2. The Defendant asserts that the Plaintiff did
not have the signed
written authorization for re Presentation in this litigation
by a majority of
the affected homeowners, as re quired by section
723.037(1), Florida
Statutes. The Court finds the D efendant’s position
to be without merit.
3. The Plaintiff asserts and the Court finds as a matt
er of law that the
undisputed material facts, including four documents filed
by the Plaintiff in
response to the motion, satisfy the requirements
of Section 723.037(1),
Florida Statutes and demonstrate that the Homeowner's Association is
authorized to represent the home owners in Galway Bay Mobile Home
Park
in this matter. More specifically, the Court finds as follows:
a.
The Homeowner's Association was formed by 2/3 of the home
owners residing in Galway Bay Mobile Home Park in April 2017,
immediately after the mobile home park owner implemented the lot rental
amount increase to be effective April 1, 2017, which is the subject of this
lawsuit;
b,
The Homeowner's Association met on April 17, 2017 to adopt a
budget and the budget included payment of monies for the initiation of the
lawsuit;
c. A majority of the individual homeowners signed a Statement of
Dispute in which the homeowners requested mediation by the Department
of Business and Professional Regulation after the lot rent amount increase
in 2017, which when viewed in conjunction with the totality of
circumstances, authorizes the Plaintiff to represent the homeowners in this
litigation;
d. A majority of the individual home owners executed affidavits
swearing that when they are signed the Statement of Dispute, their intent
was to authorize the Homeowners Association to represent them in a
lawsuit as well as in mediation.
4. Section 723.037(1), Florida Statutes evidences the legislative
policy to allow homeowners’ associations to represent the interests of their
members in a lawsuit as long as the majority of the affected homeowners
agree in writing. The undisputed material facts establish that the
requirements of Section 723.037(1), Florida Statutes have been fulfilled,
Wherefore, it is hereby:
Ordered and Adjudged:
1. That the Defendant's Motion for Final Summary Judgment is DENIED
2. That Plaintiff has standing to proceed in this actio
n.
DONE and, ORDERED in chambers, at M jarathon, Monroe County,
Florida, this Apty day of February, 2018.
frarf PPP 2
Mark es
CIRCUIT JUDGE
cc: Nejla Calvo, Esq.- ncalvo@legalservicesmiami.org
Carol S. Grondzik, Esq.- cgrondzik@floridahousinglaw.com
David Eastman, Esq.- eastman@floridahousinglaw.com
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IN THE CIRCUIT COURT OF THE 16" JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR MONROE COUNTY
CASE NUMBER: 2017-CA-166-M
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC!,
Plaintiff(s),
Vv
BIZA, CORP. d/b/a GALWAY BAY
MOBILE Lian, c pao
HOME PARK,
Defendant,
ee on
ORDER DENYING DEFENDANT'S MOTION TO CERTIFY CLASS
This Cause, having come before the Court on January 23, 2018 on
Defendant’s Motion to Certify Class and the Court, having considered
said
motion, pertinent legal authority, argument of counsel, the Court
file, and
being otherwise fully advised in the premises, hereby finds as follow
s:
1 An evidentiary hearing is not required on the instant motion becau
se in
an Order Denying Defendant's Motion for Final Summary Judgment
dated
February 14, 2018 the Court found as a matter of law that the
requirements of Section 723.037(1), Florida Statutes had been satisfi
ed
and Plaintiff, Homeowner's Association was authorized to represent
the
homeowners. Moreover, an action initiated by a mobile homeowners
’
association pursuant to Fla.R.Civ.P. 1.222, is not subject to the
class
certification requirements of Fla.R.Civ.P. 1.220.
Wherefore, it is hereby:
Ordered and Adjudged:
1. Defendant's Motion to Certify Class is DENIED.
Case No.: 2017-CA-166-M
DONE and ORDERED at Ke 'y West, Monroe County, Flori
da, this igh
day of February, 2018.
CIRCUTKIUDGE
cc: Nejla Calvo, Esq.- ncalvo@legalservicesmiami.org
Carol S. Grondzik, Esq.- cgrondzik@floridahousing
law.com
David Eastman, Esq.- eastman@floridahousinglaw.co
m
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Preview
Filing #69807474 E-Filed 03/26/2018 03:21:04 PM IN THE CIRCUIT COURT OF THE 16™ JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO.: 2017-CA-000166 MR GENERAL JURISDICTION DIVISION BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant/Appellant, NOTICE OF APPEAL OF NON-FINAL ORDERS vs. GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., Plaintiff/Appellee. / NOTICE OF APPEAL OF NON-FINAL ORDERS NOTICEIS GIVEN that De fendant/A ppellant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, appeals to the Third District Court of Appeal, the orders of this court rendered on February 26, 2018. Conformed copies of the orders designated in the notice of appeal are attached in accordance with Rules 9.130(a)(3)(C)(i) and (vi). The nature of the orders are 1) a non-fi nal order denying Defendant/Appellant’s Motion for Final Summary Judgment that challenged the Plaintiff/Appellee’s standing to represent a class pursuant to Florida Rule of Civil Procedure 1.222, and 2) a non-final order denying Defendant/ Appellant’s motion to certify a class. Because the trial court took no evidence during the hearing addressing class certification but relied on the argument made and evide nce presented at the hearing on summary judgment, the two orders and court record are inextricably intertwined. Respectfully submitted, this 26" day of March, 2018. /s/ Carol §. Grondzik CAROL S. GRONDZIK Florida Bar No. 0156833 esgrondzik@floridahousinglaw.com DAVID D. EASTMAN Florida Bar No. 454559 eastman@floridahousinglaw.com gayledcason@floridahousinglaw.com Lutz, Bobo & Telfair, P.A. 2155 Delta Blvd. Suite 210-B Tallahassee, FL 32303 (850) 521-0890 telephone (850) 521-0891 facsimile Attorneys for Appellant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M. Hearne, Esq., Attorneys for Plaintiff, LEGA L SERVICES OF GREATER MIAMI, INC., 4343 West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org: jhearne@legalservicesmiami.org: crodriguez@legalservicesmiami.org: pleadings@legalservicesmi ami.org, and Scott L. Baena, Esq., and Jennifer Junger, Esq., Attorneys for Plainti ff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell Ave., Ste. 2300, Miami , FL 33131-3456 (sbaena@bilzin.com: jjunger@bilzin.com: stapanes@bilzin.com; eservice@bilzin.com) this 26" day of March, 2018. /s/ Carol S$. Grondzik Attorney IN THE CIRCUIT COURT OF THE 1674 JUDICIAL CIR CUIT OF FLORIDA, IN AND FOR MONROE COUNTY CASE NUMBER: 2017-CA-166-M GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., Plaintiff(s), Vv. BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, Defendant, ———— —_ an ORDER DENYING DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT THIS CAUSE, having come before the Court on January 23, 2018 upon the Defendant's Motion for Final Summary Judgment and the Court, having considered said motion, the re S| ponse in oppos ition, the summary judgment evidence, pertinent legal aut! hority, argu ment of counsel, the Court file, and being otherwise fully advised in the premi ses, hereby finds as follows: 1. There are no disputed issues of material fact raised in the Defendant's Motion for Summary Judgment. 2. The Defendant asserts that the Plaintiff did not have the signed written authorization for re Presentation in this litigation by a majority of the affected homeowners, as re quired by section 723.037(1), Florida Statutes. The Court finds the D efendant’s position to be without merit. 3. The Plaintiff asserts and the Court finds as a matt er of law that the undisputed material facts, including four documents filed by the Plaintiff in response to the motion, satisfy the requirements of Section 723.037(1), Florida Statutes and demonstrate that the Homeowner's Association is authorized to represent the home owners in Galway Bay Mobile Home Park in this matter. More specifically, the Court finds as follows: a. The Homeowner's Association was formed by 2/3 of the home owners residing in Galway Bay Mobile Home Park in April 2017, immediately after the mobile home park owner implemented the lot rental amount increase to be effective April 1, 2017, which is the subject of this lawsuit; b, The Homeowner's Association met on April 17, 2017 to adopt a budget and the budget included payment of monies for the initiation of the lawsuit; c. A majority of the individual homeowners signed a Statement of Dispute in which the homeowners requested mediation by the Department of Business and Professional Regulation after the lot rent amount increase in 2017, which when viewed in conjunction with the totality of circumstances, authorizes the Plaintiff to represent the homeowners in this litigation; d. A majority of the individual home owners executed affidavits swearing that when they are signed the Statement of Dispute, their intent was to authorize the Homeowners Association to represent them in a lawsuit as well as in mediation. 4. Section 723.037(1), Florida Statutes evidences the legislative policy to allow homeowners’ associations to represent the interests of their members in a lawsuit as long as the majority of the affected homeowners agree in writing. The undisputed material facts establish that the requirements of Section 723.037(1), Florida Statutes have been fulfilled, Wherefore, it is hereby: Ordered and Adjudged: 1. That the Defendant's Motion for Final Summary Judgment is DENIED 2. That Plaintiff has standing to proceed in this actio n. DONE and, ORDERED in chambers, at M jarathon, Monroe County, Florida, this Apty day of February, 2018. frarf PPP 2 Mark es CIRCUIT JUDGE cc: Nejla Calvo, Esq.- ncalvo@legalservicesmiami.org Carol S. Grondzik, Esq.- cgrondzik@floridahousinglaw.com David Eastman, Esq.- eastman@floridahousinglaw.com ¢ F nee vy of MS anes gt at <4 of quo© co’ oP? fF yo 8 yeh geet ad afte int sy xore® Te onl” me and ase nox SSN NY nat y of er, GOURT ¢ & * > wee ve igs 9.2 cout sd BY: Ger cet Sonne co IN THE CIRCUIT COURT OF THE 16" JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR MONROE COUNTY CASE NUMBER: 2017-CA-166-M GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC!, Plaintiff(s), Vv BIZA, CORP. d/b/a GALWAY BAY MOBILE Lian, c pao HOME PARK, Defendant, ee on ORDER DENYING DEFENDANT'S MOTION TO CERTIFY CLASS This Cause, having come before the Court on January 23, 2018 on Defendant’s Motion to Certify Class and the Court, having considered said motion, pertinent legal authority, argument of counsel, the Court file, and being otherwise fully advised in the premises, hereby finds as follow s: 1 An evidentiary hearing is not required on the instant motion becau se in an Order Denying Defendant's Motion for Final Summary Judgment dated February 14, 2018 the Court found as a matter of law that the requirements of Section 723.037(1), Florida Statutes had been satisfi ed and Plaintiff, Homeowner's Association was authorized to represent the homeowners. Moreover, an action initiated by a mobile homeowners ’ association pursuant to Fla.R.Civ.P. 1.222, is not subject to the class certification requirements of Fla.R.Civ.P. 1.220. Wherefore, it is hereby: Ordered and Adjudged: 1. Defendant's Motion to Certify Class is DENIED. Case No.: 2017-CA-166-M DONE and ORDERED at Ke 'y West, Monroe County, Flori da, this igh day of February, 2018. CIRCUTKIUDGE cc: Nejla Calvo, Esq.- ncalvo@legalservicesmiami.org Carol S. Grondzik, Esq.- cgrondzik@floridahousing law.com David Eastman, Esq.- eastman@floridahousinglaw.co m LORIDA @TaATE ¢ MONR que COP’yy ‘fice. OF W ines GOURT This cory this: aa¥ee, a ant CAginal © and effect ox a CUIQ, hand 4! and that ig in fuil force vk day ot MAR — & This 0 mmr AD KEV NM! ROK, CPA ark circuit Cou Nena core ark Del