On May 01, 2017 a
Motion-Secondary
was filed
involving a dispute between
Frances Barone,
Gabriel Barone,
and
Ashford Trs Corporation,
Ashford Trs Wq Llc Worldquest Orlando Resort Aka,
Ashford Wq Licensee Llc,
Worldquest Resort Condominium Association, Inc,
Wq Hotel Management Llc,
for 3
in the District Court of Orange County.
Preview
“Filing #64542136 E-Filed 11/22/2017 01:39:59 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
FRANCES BARONE & GABRIEL BARONE,
Plaintiffs,
VS. CASE NO. 2017 CA 003882-0
ASHFORD TRS WQ LLC, a foreign limited
liability company d/b/a WORLD QUEST
RESORT a/k/a WORLDQUEST ORLANDO
RESORT, ASHFORD WQ LICENSEE, LLC,
a foreign limited liability company and
ASHFORD TRS CORPORATION, a foreign
profit corporation,
Defendants.
/
PLAINTIFFS’ REPLY AND AVOIDANCE TO DEFENDANTS’S AFFIRMATIVE
DEFENSES
Plaintiffs, FRANCES BARONE and GABRIEL BARONE, by and through undersigned
counsel, hereby files their Reply and Avoidance to Defendants Affirmative Defenses, and states
as follows:
1 Each and every one of the Defendants’ Affirmative Defenses, First through Ninth, is
denied.
As a further reply and avoidance to Defendants’ First Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
As a further reply and avoidance to Defendants’ Second Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
As a further reply and avoidance to Defendants’ Third Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
00723986-1
As a further reply and avoidance to Defendants’ Fourth Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
Asa further reply and avoidance to Defendants’ Fifth Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
Asa further reply and avoidance to Defendants’ Sixth Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
Asa further reply and avoidance to Defendants’ Seventh Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
Asa further reply and avoidance to Defendants’ Eighth Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
10. Asa further reply and avoidance to Defendants’ Ninth Affirmative Defense, Plaintiffs
deny the allegation and demand strict proof thereof.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the
Clerk via the Florida Courts e-Filing Portal and provided via eservice to: Kelly Charles-Collins,
Esq. & William G. Smoak, Esq., Smoak & Chistolini, LLC, 320 West Kennedy Blvd., 4" Floor,
Tampa, FL 33606, Attorneys for Defendants, courtdocuments@latrialcounsel.com, this 22™4
day of November, 2017.
ICARD, MERRILL, CULLIS, TIMM,
FUREN & GINSBURG, P.A.
2033 Main Street, Suite 600
Postal Drawer 4195
Sarasota, Florida 34237
(941) 366-8100 - Phone
4 63% aX
ONY J. MANGANIELLO, III, ESQ.
Florida Bar No. 0052307
Attorneys for Plaintiffs
00723986-1
Document Filed Date
November 22, 2017
Case Filing Date
May 01, 2017
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Preview
“Filing #64542136 E-Filed 11/22/2017 01:39:59 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION FRANCES BARONE & GABRIEL BARONE, Plaintiffs, VS. CASE NO. 2017 CA 003882-0 ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WORLDQUEST ORLANDO RESORT, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company and ASHFORD TRS CORPORATION, a foreign profit corporation, Defendants. / PLAINTIFFS’ REPLY AND AVOIDANCE TO DEFENDANTS’S AFFIRMATIVE DEFENSES Plaintiffs, FRANCES BARONE and GABRIEL BARONE, by and through undersigned counsel, hereby files their Reply and Avoidance to Defendants Affirmative Defenses, and states as follows: 1 Each and every one of the Defendants’ Affirmative Defenses, First through Ninth, is denied. As a further reply and avoidance to Defendants’ First Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. As a further reply and avoidance to Defendants’ Second Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. As a further reply and avoidance to Defendants’ Third Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. 00723986-1 As a further reply and avoidance to Defendants’ Fourth Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. Asa further reply and avoidance to Defendants’ Fifth Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. Asa further reply and avoidance to Defendants’ Sixth Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. Asa further reply and avoidance to Defendants’ Seventh Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. Asa further reply and avoidance to Defendants’ Eighth Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. 10. Asa further reply and avoidance to Defendants’ Ninth Affirmative Defense, Plaintiffs deny the allegation and demand strict proof thereof. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk via the Florida Courts e-Filing Portal and provided via eservice to: Kelly Charles-Collins, Esq. & William G. Smoak, Esq., Smoak & Chistolini, LLC, 320 West Kennedy Blvd., 4" Floor, Tampa, FL 33606, Attorneys for Defendants, courtdocuments@latrialcounsel.com, this 22™4 day of November, 2017. ICARD, MERRILL, CULLIS, TIMM, FUREN & GINSBURG, P.A. 2033 Main Street, Suite 600 Postal Drawer 4195 Sarasota, Florida 34237 (941) 366-8100 - Phone 4 63% aX ONY J. MANGANIELLO, III, ESQ. Florida Bar No. 0052307 Attorneys for Plaintiffs 00723986-1