Preview
Filing #65417860 E-Filed 12/14/2017 03:39:41 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2017-CA-008091-0
BOOTH’S COBBLESTONES, INC.,
a Florida corporation,
Plaintiff,
vs.
YI T. HSU, a married woman,
Defendant.
/
PLAINTIFF’S$ FIRST REQUESTS FOR ADMISSION
COMES NOW, Plaintiff, BOOTH’S COBBLESTONES, INC., by and
through its undersigned counsel, and pursuant to Rule 1.370,
Florida Rules of Civil Procedure, requests that the Defendant, YT
T HSU, admit within thirty (30) days after service of this
Request, or within such shorter time as may be ordered by the
court, the truth of the matters set forth hereinbelow.
C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission} .wpd
Booth’s v. Hsu
Case No. 2017-CA-008091-0
INSTRUCTIONS
A Each Request for Admission is to be admitted or denied.
When a Request for Admission includes more than one part, each part
is to be admitted or denied.
B All information is to be divulged which is in the
possession of the individual or entity to whom this Request is
directed, his or its attorneys, investigators, agents, employees or
other representatives of the named party and his or its attorney.
Cc answer Each
shall specifically deny the matter or set
forth in detail
the reasons why you cannot truthfully admit or deny
the matter. The matter is admitted unless you serve upon the
Plaintiff a written answer or objection addressed to the matter
within thirty (30) days after service of the Request. Every denial
shall fairly meet the substance of the requested admission, and
when good faith requires that you qualify your answer or deny only
a part of the matter of which an admission is requested, you shall
specify so much of it as is true and qualify or deny the remainder.
You may not give lack of information or knowledge as a reason for
failure to admit or deny unless you state that you have made
reasonable inquiry and that the information known or readily
obtainable by you is insufficient to enable you to admit or deny.
D If the Defendant replies denying the following matters,
or failing to make such admissions, depositions will betaken to
prove the truth of said matters and application will then be made
to the court for an order requiring Defendant to pay to the
Plaintiff reasonable expenses incurred in proving the matters as to
which admissions are sought herein, as provided by the Rules of
Civil Procedure.
C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .upd
Page 2 of 6
Booth’s v. Hsu
Case No. 2017-CA-008091-0
DEFINITIONS
Unless otherwise indicated in an individual Request for
Admission, each of the following terms has the meaning set forth
below when used in these Request for Admissions.
1 "Plaintiff" means the Plaintiff in this action, BOOTH’S
COBBLESTONES, INC.
2 "OWNER” means the Defendant, YI T. HSU, and includes any
and all affiliates, predecessors, successors, agents, employees and
other persons acting on their behalf with regard to this litigation
or otherwise.
3 “Project” means the project known as the provision and
installation of pavers on the real property situated and lying in
Orange County, Florida, to wit:
Lot 19, Isleworth, according to the plat thereof as
recorded in Plat Book 16, Pages 118 to 130, Public
Records of Orange County, Florida;
Together with:
That part of Lot 1, Isleworth First Amendment, according
to the plat thereof as recorded in Plat Book 33, Pages
135 through 149, Public Records of Orange County,
Florida, as more particularly described in that certain
Special Warranty Deed recorded in Official Records Book
10563, beginning at Page 5535, Public Records of Orange
County, Florida.
C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admissionl upd
Page 3 of 6
Booth’s v. Hsu
Case No. 2017-CA-008091-0
REQUESTS FOR ADMISSION
1 Admit that Plaintiff, prior to the institution of the
above-styled action, performed all conditions precedent to
perfecting its construction lien sought to be foreclosed herein.
2 Admit that on or about December 14, 2016, OWNER entered
into a written contract with Plaintiff for the project.
3 Admit that a legible copy of the contract terms and
conditions of the written contract referred to in the preceding
request prior to execution is attached to the Complaint herein as
Exhibit vo",
4. Admit that pursuant to the contract between Plaintiff and
OWNER, Plaintiff provided the construction labor and materials in
accordance therewith for the project.
5 Admit that on May 25, 2017, Plaintiff timely recorded a
construction lien in the Official Public Records of Orange County,
Florida, at the office of the Orange County Comptroller, for the
outstanding indebtedness of Twelve Thousand Two Hundred Fifty-Bight
and 65/100 Dollars ($12,258.65).
:\DOC\A-M\B\Rooths Cobblestones 377\141 Hsu\Pleadings\Req Admission!
.wpd
Page 4 of 6
Booth’s v. Hsu
Case No. 2017-CA-008091-0
6 Admit that the construction lien, a copy of which is
attached as Exhibit vo” to the Complaint herein, is in proper
statutory form.
7
Admit that Plaintiff completed supplying all labor and
construction materials pursuant to the contract between Plaintiff
and OWNER for the amount set forth in the construction lien at
issue herein, and OWNER accepted and incorporated Plaintiff’s labor
and construction materials into the project.
8 Plaintiff, prior to the institution of this action,
complied with all conditions precedent under the contract to
perfect its construction lien sought to be foreclosed herein.
Ci\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .wpd
Page 5 of 6
Booth’s v Hsu
Case No 2017-CA-008091-0
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ] day of December, 2017 I
electronically filed the foregoing with the Clerk of the Courts by
using the State of Florida ePortal system which will send a notice
of electronic filing together with a copy of this filing to the
following
Beth-Ann Schulman, Esquire
Ryan G. Knight Esquire
800 N. Magnolia Ave Ste 430
Orlando, FL 32803
bschulman@boydjen.com
rknight@boydjen.com
kmecabe@boydjen.com
rors
ey
fae ver ESQUIRE
ori 0814199
ar No.
00 Noan Maitland Ave. Suite 305
Maitland, Florida 32751
407/645-4500
Primary e-mail address
bk@barrykalmanson. com
Secondary e-mail address
sui barrykalmanson.com
Attorney for Plaintiff
C:\DOC\A-H\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .upd
Page 6 of 6
Preview
Filing #65417860 E-Filed 12/14/2017 03:39:41 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017-CA-008091-0 BOOTH’S COBBLESTONES, INC., a Florida corporation, Plaintiff, vs. YI T. HSU, a married woman, Defendant. / PLAINTIFF’S$ FIRST REQUESTS FOR ADMISSION COMES NOW, Plaintiff, BOOTH’S COBBLESTONES, INC., by and through its undersigned counsel, and pursuant to Rule 1.370, Florida Rules of Civil Procedure, requests that the Defendant, YT T HSU, admit within thirty (30) days after service of this Request, or within such shorter time as may be ordered by the court, the truth of the matters set forth hereinbelow. C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission} .wpd Booth’s v. Hsu Case No. 2017-CA-008091-0 INSTRUCTIONS A Each Request for Admission is to be admitted or denied. When a Request for Admission includes more than one part, each part is to be admitted or denied. B All information is to be divulged which is in the possession of the individual or entity to whom this Request is directed, his or its attorneys, investigators, agents, employees or other representatives of the named party and his or its attorney. Cc answer Each shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. The matter is admitted unless you serve upon the Plaintiff a written answer or objection addressed to the matter within thirty (30) days after service of the Request. Every denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable you to admit or deny. D If the Defendant replies denying the following matters, or failing to make such admissions, depositions will betaken to prove the truth of said matters and application will then be made to the court for an order requiring Defendant to pay to the Plaintiff reasonable expenses incurred in proving the matters as to which admissions are sought herein, as provided by the Rules of Civil Procedure. C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .upd Page 2 of 6 Booth’s v. Hsu Case No. 2017-CA-008091-0 DEFINITIONS Unless otherwise indicated in an individual Request for Admission, each of the following terms has the meaning set forth below when used in these Request for Admissions. 1 "Plaintiff" means the Plaintiff in this action, BOOTH’S COBBLESTONES, INC. 2 "OWNER” means the Defendant, YI T. HSU, and includes any and all affiliates, predecessors, successors, agents, employees and other persons acting on their behalf with regard to this litigation or otherwise. 3 “Project” means the project known as the provision and installation of pavers on the real property situated and lying in Orange County, Florida, to wit: Lot 19, Isleworth, according to the plat thereof as recorded in Plat Book 16, Pages 118 to 130, Public Records of Orange County, Florida; Together with: That part of Lot 1, Isleworth First Amendment, according to the plat thereof as recorded in Plat Book 33, Pages 135 through 149, Public Records of Orange County, Florida, as more particularly described in that certain Special Warranty Deed recorded in Official Records Book 10563, beginning at Page 5535, Public Records of Orange County, Florida. C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admissionl upd Page 3 of 6 Booth’s v. Hsu Case No. 2017-CA-008091-0 REQUESTS FOR ADMISSION 1 Admit that Plaintiff, prior to the institution of the above-styled action, performed all conditions precedent to perfecting its construction lien sought to be foreclosed herein. 2 Admit that on or about December 14, 2016, OWNER entered into a written contract with Plaintiff for the project. 3 Admit that a legible copy of the contract terms and conditions of the written contract referred to in the preceding request prior to execution is attached to the Complaint herein as Exhibit vo", 4. Admit that pursuant to the contract between Plaintiff and OWNER, Plaintiff provided the construction labor and materials in accordance therewith for the project. 5 Admit that on May 25, 2017, Plaintiff timely recorded a construction lien in the Official Public Records of Orange County, Florida, at the office of the Orange County Comptroller, for the outstanding indebtedness of Twelve Thousand Two Hundred Fifty-Bight and 65/100 Dollars ($12,258.65). :\DOC\A-M\B\Rooths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .wpd Page 4 of 6 Booth’s v. Hsu Case No. 2017-CA-008091-0 6 Admit that the construction lien, a copy of which is attached as Exhibit vo” to the Complaint herein, is in proper statutory form. 7 Admit that Plaintiff completed supplying all labor and construction materials pursuant to the contract between Plaintiff and OWNER for the amount set forth in the construction lien at issue herein, and OWNER accepted and incorporated Plaintiff’s labor and construction materials into the project. 8 Plaintiff, prior to the institution of this action, complied with all conditions precedent under the contract to perfect its construction lien sought to be foreclosed herein. Ci\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .wpd Page 5 of 6 Booth’s v Hsu Case No 2017-CA-008091-0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the ] day of December, 2017 I electronically filed the foregoing with the Clerk of the Courts by using the State of Florida ePortal system which will send a notice of electronic filing together with a copy of this filing to the following Beth-Ann Schulman, Esquire Ryan G. Knight Esquire 800 N. Magnolia Ave Ste 430 Orlando, FL 32803 bschulman@boydjen.com rknight@boydjen.com kmecabe@boydjen.com rors ey fae ver ESQUIRE ori 0814199 ar No. 00 Noan Maitland Ave. Suite 305 Maitland, Florida 32751 407/645-4500 Primary e-mail address bk@barrykalmanson. com Secondary e-mail address sui barrykalmanson.com Attorney for Plaintiff C:\DOC\A-H\B\Booths Cobblestones 377\141 Hsu\Pleadings\Req Admission! .upd Page 6 of 6