HomeMy WebLinkAboutDocumentation_Regular_Tab 07C_05/16/2002 Jo�rF,s
FOSTER '
Flagler Center Tower, Suite I 100 Mailing Addres,s •
T �����'�N 505 South Flagler Drive Post Office Box 3475
��'"r7 ��C' 7� A West Palm Beach. Florida 33401 West Palm Beach, Florida 33402-3475
t v1�1h7� 1'.Cl. Tele hone �6l 659-3000 l�� "`�ac�i.u�ile (56l) 832-1454
Attorneys and Counselors p � � � �� _ ,", ; �r,, � �
- r
John C. Randolph, Esq.
Direct Dial: (561) 650-0458
E-mail: jrandolphna,jones-foster.com
May 9, 2002
Mr. Michael R. Couzzo
Village Manager
Villa�e of Tequesta
Post Otfice �ox ��73
Tequesta, Florida 33469-0273
RE: Robert and Sheila Larbdgraff vs
Bayview Terrace Homeowners' Association, Inc. and Village of Tequesta
Case No. CA 01-0817 AJ
Our File No. 13153.61
Dear Mike:
Enclosed for your information and file are copies of Bayview Terrace's Motion for Leave to File
Amended Affirmative Defenses and the Order relating thereto which was entered by the Court
on May 8, 2002.
Sincerely,
JONES, FOS ER, JOHNSTON & STUBBS, P.A.
,
John C. Randolph
JCR/ssm
Enclosures
IN THE CIlZCUIT COURT OF THE
, F]FTEENTH JUDICIAL CIRCUIT 1N AND
FOR PALM BEACH COUNTY, FLORIDA
ROBERT LANDGRAFF and
SHEILA LANDGRAFF, CASE NO.: CL-01-8178-AJ
Plaintiffs,
vs.
BAYVIEW TERRACE HOMEOWNERS'
ASSOCIATION, INC. and THE VII.,LAGE
OF TEQUESTA �
— I
DEFENDANT, BAYVIEW TERRACE HOMEOWNERS' ASSOCIATION, INC'S
MOTION FOR LEAVE TO FILE AMENDED AFFIRMATIVE DEFENSES
Defendant, BAYVIEW TERRACE HOMEOWNERS' ASSOCIATION INC.,
(hereinafter "ASSOCIATION"), through their undersigned counsel, and pursuant to Rule 1.190,
Florida Rules of Civil Procedure, moves this Court for leave to file its Amended Affirmative
Defenses, and as grounds therefore states as follows:
1. Plaintiffs, ROBERT LANDGRAFF and SHEII,A LANDGRAFF commenced this
action on or about August 9, 2001, by the filing of their Complaint.
2. On or about September 20, 2001, ASSOCIATION filed its Answer to the
�om�p:airt and Af�rmative Defens�s.
3. Subsequent to the filing of its Answer and A.ffirmative Defense, ASSOCIATION
retained the undersigned as its substituted counsel to represent it in this matter.
4. As a result of the change of counsel, ASSOCIATION has discovered additional
affirmative defenses which were previously overlooked and not raised and would like to file its
Amended Affirmative Defenses in response to PLA.INTIFF' S Complaint.
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAI`' AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
S. A copy of ASSOCIATION'S proposed Amended Affirmative Defenses are
attached hereto as Exhibit "A".
6. Florida law grants a liberal policy in allowing parties to amend their pleadings
freely. Ohio Casualtv Insurance Co. �v. MRK Construction Inc ; 602 So.2d 976, 978 (Fla. 2d
DCA 1992). Courts have the freedom to permit a party to amend a pleading anytime, however,
once the case progresses to trial the right to amend begins to diminish. Id. �
7. In Townsend v. Ward, the Court ruled that although the case was set for trial when
the motion to amend the complaint was filed, it was an abuse of discretion for the trial court to
deny the motion when six weeks remained before the trial was scheduled to begin. 429 So.2d
404 (Fla. Sth DCA 1983).
8. The trial for this claim is scheduled to begin approximately four months from
now, August 8, 2002. Following the precedent set by Townsend, which established that denial
of a motion to amend a pleading six weeks before trial was scheduled to begin was an abuse of
discretion, this Court has the power to and should grant ASSOCIATION'S motion for leave to
amend affirmative defenses.
9. ASSOCIATION recognizes that the filing of its Amended Affirmative Defenses
may� r�sult in the cas� no lar�ger being ut issue. H��t�uver, the ASSO�IATIO?�T w�aivPs �ny �l��m
that the filing of the affirmative defenses would cause the case to no longer be at issue.
10. The filing of the Amended Affirmative Defenses is in no way intended to delay or
hamper the progression of the case. ASSOCIATION is prepared and fully expects to proceed to
trial in this matter. The Amended Affirmative Defenses are being filed because they were
overlooked in the original answer and affirmative defenses filed by ASSOCIATION.
2
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAI�' AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
11. ASSOCIATION agrees to extend all discovery deadlines in order to
accommodate PLAINTIFFS.
12. PLAINTIFFS will not be prejudiced in any way if the Court grants
ASSOCIATION'S motion for leave to file Amended Affirmative Defenses.
W��REFORE, ASSOCIATION respectfully requests this court grant this Motion for
Leave to file Amended Aff'irmative Defenses, deem the attached Amended Affirmative Defenses
filed, and grant any other relief the Court deems necessary.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via U. S. Mail to David L. Gorman, Esquire, Counsel for Plaintiffs, 618 U. S. Highway One, Suite
303, North Palm Beach, Florida 33408, John C. Randolph, Esquire, Counsel for the Village of
Tequesta, Jones, Foster, Johnson & Stubbs, P.A., 505 South Flagler Drive, West Palm Beach,
Florida 33402 and Joan M. Levit, Counsel for Bayview Terrace Homeowners Association, Inc.,
Akerman Senterfitt, 350 East Las Olas Boulevard, Suite 1600, Fort Lauderdaie, Florida 33301,
this [�ay of April, 2002.
BECKER & POLIAKOFF, P.A.
Co-Counsel for Defendant, Bayview Terrace
Homeeti�nPrs Association, Inc.
500 Australian Avenue South, 9th Floor
West Palm Beach or'da 33401
TelephoneN .� 61) 55-5444
Facsimile 61 32-8987
Y
By:
L S. SENBAUM
orida Ba o. 306037
LTY . SFiIIZ
Florida Bar No. 114863
210435_1
3
LAW OFFICES
$ECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. CL 01-8178 AJ
ROBERT LANDGRAFF and
SHEILA LANDGRAFF,
Plaintiffs,
v.
BAYVIEW TERRACE i-IOMEOWNERS'
ASSOCIATION, INC. and THE VILLAGE
of TEQUESTA,
Defendants.
/
DEFENDANT'S, BAYVIEW TERRACE
HOMEOWNERS' ASSOCIATION, INC., AMENDED
ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS' COMPLAINT
Defendant, BAYVIEW TERRACE HOMEOWNERS' ASSOCIATION, INC., (the
"ASSOCIATION"), by and through its undersigned attorneys, hereby submits its Amended
Answer and Affirmative Defenses to Plaintiffs', ROBERT and SHEILA LANDGRAFF'S,
(the "LANDGRAFFS") Complaint, and states as follows:
1. Th� ASS��I,4TI0�! adm;ts pa��graph 1 �f the Com�laint for jurisdictional
purposes.
2. The ASSOCIATION admits that the LANDGRAFFS are residents of
ASSOCIATION, but is without knowledge of the remaining allegations asserted in
paragraph 2.
3. The ASSOCIATION admits the allegations of paragraphs 3 through 6 of the
Complaint. �� li
�d����t� �
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
_ CASE NO. CL 01-8178 AJ
Defendant's, Bayview Terrace
Homeowners' Association, /nc., Amended
Answer and Affirmative Defenses to Plaintiffs' Complainf
4. The ASSOCIATION is without knowledge as to the allegations of
paragraphs 7, 11, 15 and 16 of the Compiaint and therefore denies all aliegations thereof.
5. The ASSOCIATION admits that it has maintained a parcel of land in the
entranceway to the community; ASSOCIATION is without knowledge as to the allegations
of paragraph 8 of the Complaint.
6. The ASSOCIATION admits that LANDGRAFFS have been assessed by
ASSOCIATION, but denies the remaining allegations in paragraph 9 of the Complaint.
7. The ASSOCIATION admits that it has entered into an agreement with the
Village of Tequesta to maintain certain landscaping, but denies the remaining allegations
in paragraph 10 of the Complaint.
8. The ASSOCIATION denies the allegations in paragraphs 12 — 14 of the
Complaint.
9. The ASSOCIATION denies all allegations not admitted above.
FIRST AFFIRMATIVE DEFENSE
(Statute of Limitations)
L.ANDGRAFFS are barred from relief due to the running of the statute of limitations
of Section 95.11(2)(b), Florida Statutes (2001), in bringing an equitable action on a
contract, obligation, or liability founded on a written instrument. Specifically,
LANDGRAFFS allege that ASSOCIATION has assessed them for improvement and
maintenance of a parcel of real property approximately 75 feet wide which is immediately
adjacent and to the north of the Bayview Terrace Subdivision (the "PROPERTY").
LANDGRAFFS have owned a home in the ASSOCIATION since 1988. The Agreement
2
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
� TELEPHONE (561) 655-5444
. CASE NO. CL 01-8178 AJ
Defendant`s, Bayview Terrace
Homeowners' Associafion, Inc., Amended
Answer and Affirmative Defenses fo Plaintiffs' Complaint
� transferring maintenance responsibility of the PROPERTY from the Village of Tequesta to
the ASSOCIATION was entered into on August 28, 1989. LANDGRAFFS served on
ASSOCIATION'S Boarcf of Directors from June 96, 1996 through April 1998. During this
period, Robert Landgraff served as President and Shiela Landgraff served as Secretary.
LANDGRAFFS and all other members of the ASSOCIATION have paid their portions of
their maintenance assessments for the maintenance of the PROPERTY throughout the
relevant rime period. LANDGRAFFS knew or should have known and/or discovered with
reasonable diligence, that they were maintaining the PROPERTY with a portion of their
maintenance assessments. LANDGRAFFS were on actual and constructive notice that
the recorded Plat for their subdivision did not include the PROPERTY. Therefore,
pursuant to LANDGRAFFS' failure to institute suit for relief from the ASSOCIATION'S
agreement to maintain the PROPERTY with the Village of Tequesta with the five (5) year
Statute of Limifation, LANDGRAFFS' Complaint is time barred.
SECOND AFFIRMATIVE DEFENSE
(Laches)
LANDGRAFFS are barred from relief due to relief by the doctrine of laches
because of Plaintiffs' inaction and prejudicial delay in seeking relief. Specifically,
LANDGRAFFS allege that ASSOCIATION has assessed them for improvement and
maintenance of a parcel of real property approximately 75 feet wide which is immediately
adjacent and to the north of the Bayview Terrace Subdivision (the "PROPERTY").
LANDGRAFFS have owned a home in ASSOCIATION since 1988. The Agreement
transferring ownership and responsibility of PROPERTY from the Village of Tequesta to
3
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
, CASE NO. CL 01-8178 AJ
DefendanYs, Bayview Terrace
Homeowners' Association, Inc., Amended
Answer and Affirmafive Defenses fo Plainfiffs' Complaint
the ASSOCIATION was entered into on August 28, 1989. LANDGRAFFS served on the
ASSOCIATION'S Board of Directors from June 16, 1996 through April 1998. During this
period, Robert Landgraff served as President and Shiela Landgraff served as Secretary.
LANDGRAFFS and all other members of the ASSOCIATION have paid their portions of
their maintenance assessments for the maintenance of the PROPERTY throughout the
relevant time period. LANDGRAFFS knew or sh�uld have known and/or discussed with
reasonable diligence, that they were maintaining the PROPERTY with a portion of their
maintenance assessments. LANDGRAFFS were on actual and constructive notice that
the recorded Plat for their subdivision did not include the PROPERTY. Therefore,
pursuant to LANDGRAFFS' failure to timely institute suit for relief for the ASSOCIATION'S
agreement to maintain the PROPERTY with the Village of Tequesta, LANDGRAFFS'
Complaint is time barred.
THIRD AFFIRMATIVE DEFENSE
(Waiver)
LANDGRAFFS are barred from relief due to relief by the doctrine of waiver
because the payment of their maintenance assessments for the maintenance of the
PROPERTY has existed for more than ten (10) years, yet LANDGRAFFS, knowing of
such condition, voluntarily relinquished their right to complain by not filing a complaint or
any other objections until August 9, 2001. Specifically, LANDGRAFFS alfege that
ASSOCIATION has assessed them for improvement and maintenance of a parcel of real
property approximately 75 feet wide which is immediately adjacent and to the north of the
Bayview Terrace Subdivision ("PROPERTY"). LANDGRAFFS have owned a home in
4
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
�, CASE NO. CL 01=8178 AJ
Defendant's, Bayview Terrace
Homeowners' Association, lnc., Amended
Answer and Affirmative Defenses to Plainfiffs ` Complaint
ASSOCIATION since 1988. The Agreement transferring ownership and responsibility of
PROPERTY from the Village of Tequesta to ASSOCIATION was entered into on August
28, 1989. LANDGRAFFS served on ASSOCIATION'S Board of Directors from June 16,
1996 through April 1998. During this period, Robert Landgraff senred as President and
Shiela Landgraff served as Secretary. LANDGRAFFS and. all other members of
ASSOCIATION have paid their portions of their maintenance assessments for the
maintenance of the PROPERTY throug'hout the relevant time period. From 1989 when
LANDGRAFFS were assessed for the maintenance of the PROPERTY, and on June 16,
1996, when LANDGRAFFS became members of the Board of Dire�tors, they knew that a
portion of their maintenance assessments was being used to maintain the PROPERTY.
LANDGRAFFS were on actual and constructive notice that the recorded Plat for their
subdivision did nofi include the PROPERTY. Due to LANDGRAFFS' inaction and
prejud'icial delay in seeking the aforementioned relief, their Complaint must be denied.
FOURTH AFFIRMATIVE DEFENSE
(Failure to State Cause of Action for Declaratory Relief�
LANDGRAF�S' action for declaratory relief is improper and should be dismissed,
because it seeks to litigate facts and not construe documents. It is really an action for
injunctive relief. In LANDGRAFFS' prayer for relief they specifically request that this Court
Order, upon a fnding that the ASSOCIATION does not have the right to assess its
members for the maintenance or improvement of the PROPERTY, the recoupment of
funds assessed by the ASSOCIATION for the maintenance of the PROPERTY.
Moreover, LANDGRRFFS plead that the ASSOCIATION has assessed them for the
5
LAW OFFtCES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPFiONE (569) 655-5444
� CASE NO. CL 01-8178 AJ
Defendant's, Bayview Terrace
Homeowners' Association, lnc., Amended
Answer and Affirmative Defenses fo Plaintiffs` Complainf
maintenance of the PROPERTY without legal authority. LANDGRAFFS' action is cleariy
an action to enforce the ASSOCIATION'S restrictive covenants and therefore, an action
for injunctive relief. It is clear that an action to enforce restrictive covenants is an action for
specific performance. Therefore, any action to enforce the ASSOCIATION'S restrictive
documents must occur no more than one (1) year after the moving party knew, or should
have known, of the action in breaching the ASSOCIATION'S restrictive documents. Since
1996, when LANDGRAFFS served as President and Secretary on the ASSOCIATION'S
Board of Directors, they have known or should have known that a portion of their
maintenance assessments were being used to maintain the PROPERTY. Therefore,
LANDGRAFFS' Complaint is barred pursuant to Section 95.11(5)(a), Florida Statutes
(2001).
FIFTH AFFtRMATtVE DEFENSE
(Unclean Hands)
LANDGRAFFS claims are barred under the doctrine of unclean hands. Both
LANDGRAFFS served on the ASSOCIATION'S Board of Directors. As Board members,
they clearly knew that a portion of the ASSOCIATION'S maintenance assessments was
used for the upkeep of the PROPERTY. However, since 1996, when LANDGRAFFS first
started serving on the Board of Directors, they took no action to challenge the use of their
maintenance assessments for the upkeep of the PROPERTY. In fact, LANDGRAFFS
continued to assess the ASSOCIATION'S members for the maintenance of the
PROPERTY. LANDGRAFFS come into this Court of equity with unclean hands and
therefore they relief they request must be denied.
6
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH F�OOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
�. CASE NO. CL 01-8178 AJ
DefendanYs, Bayview Terrace �
Homeowners' Association, Inc., Amended
Answer and Affirmafive Defenses to Piainfiffs' Complainf
SIXTH DEFENSE
(Association has Authority to Assess for the Maintenance of the Property)
ASSOCIATION clearly had the authority to enter into its agreement with the Village
of Tequesta for the dedication and upkeep of the PROPERTY. Specifically, Ar�icle III(2) of
the ASSOCIATION'S Declaration of Covenants and Restrictions gives the ASSOCIATION
the right and obligation to acquire and assess its members for the upkeep of the
PROPERTY. Article Ill(2) provides, in pertinent part, that, "[TJhe Assessments levied by
the Association shall be used exclusively for the purpose of promoting the recreation,
health, safety and welfare of the residents in the properties and in particular for the
improvement and maintenance of the properties, services and facilities devoted to
this purpose and related to the use and enjoyment of the common properties and of
the lots situated upon the property...." Therefore, the ASSOCIATION was within its
right to assess its members for the upkeep of the PROPERTY.
SEVENTH DEFENSE
(Association's Authority to Purchase, Take, Receive, Lease, Take by Gift, Devise,
or Bequest, or Otherwise Acquire, Own, Hold, (mprove, Use, or Otherwise D�al in
and With Real or Personal Property, or Any Interest Therein, Wherever Situated)
Pursuant to Section 617.0302, Florida Statutes, the ASSOCIATION ciearly has the
power and authority to enter into the agreement with the Village of Tequesta for the
ownership, use and/or interest in the PROPERTY. LANDGRAFFS' action must be barred
as a result of the ASSOCIATION'S clear right under Chapter 617, the Florida Not-for-Profit �
Corporation Act, to enter into a contract for ownership, use and/or interest in the
PROPERTY.
7
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE {561) 655-5444
.� � �
y CASE NO. CL 01-8178 AJ
DefendanYs, Bayview Terrace
Homeowners' Association, lnc., Amended ,
Answer and Affirmative Defenses to Plaintiffs' Complaint
EIGHTH AFFIRMATIVE DEFENSE
(Association's Business Judgment Rule)
The ASSOCIATION'S action in entering into an Agreement with the Village of
Tequesta for the maintenance and upkeep of the PROPERTY is protected by the
Business Judgment Rule. The Business Judgment Rule protects the ASSOCIATION
when making business decisions in a reasonable manner and in good faith.
LANDGRAFFS are in no position to challenge the ASSOCIATION'S authority to enter into
the maintenance agreement with the Village of Tequesta for the PROPERTY so long as
the ASSOCIATlON acted in a reasonable manner and in good faith.
NINTH AFFIRMATIVE DEFENSE
(Reasonable Attorneys Fees and Costs)
Pursuant to the ASSOCIATION'S Restrictive Covenants and Section 720.305,
Florida Statutes, the ASSOCIATION, as the prevailing party, is entitled to recover its
reasonably attorneys fees and costs associated in the defense of this action.
WHEREFORE, Defendant, BAYVIEW TERRACE HOMEOWNERS'
ASSOCIATION, INC., respectfully requests that Plaintiffs, ROBERT and SHEILA
LANDGRAFF, take nothing on their claim, tnat the aSSOCIATION goes hence without
day, and that the ASSOCIATION recovers its attorneys fees and costs of the action and
any other relief to which it is entitled.
(Signature block and Certifrcafe of Service follow)
8
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444
�, CASE NO. CL 01-8178 AJ
Defendant's, Bayview Terrace
Homeowners' Association, Inc., Amended
Answer and Affirmafive Defenses fo Plaintiffs` Complainf
Respectfully submitted,
BECKER & POLIAKOFF, P.A.
Co-Counsel for Defendant, Bayview Terrace
Homeowners Association, Inc.
500 Australian Ave e South, 9"' Floor
West Palm Beach lorida 33401
Telephone No. ( - 44
Facsimile N . ) 32- 87
�
By:
D EL S. ENBAUM
da r No. 306037
GU . SHIR, ESQUIRE
Florida Bar No. 114863
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
via U.S. Mail to: David L. Gorman, Esquire, Counse/ for Plaintitfs, 618 U.S. Highway
One, Suite 303, North Palm Beach, Florida 33408; John C. Randotph, Esquire,
Counsel for the Village of Tequesta, Jones, Foster, Johnson & Stubbs, P.A., 505 South
Flagler Drive, West Palm Beach, Florida 33402; and Joan M. Levit, Esquire, Counse/
for Bayview Terrace Homeowners Association, lnc., Akerman Senterfitt, 350 East Las
Olas Boulevard, Suite 1600, Fort Lauderdale, Florida 33301, this 1„�day of April,
2002.
BECKER & POLIAKOFF, P.A.
Co-Counsel for Defendant, Bayview Terrace
Homeowners Association, Inc.
500 Australian Avenue South, 9�' F;oor
West Palm Bea , FI ' 01
Telephone ) -54
Facsimile 6 8 -89
By:
D NIEL S. OSENBAUM
FI rida B No. 306037
G . SHIR, ESQUIRE
Florida Bar No. 114863
600602 / 079078
210402_1
9
LAW OFFICES
BECKER & POLIAKOFF, P.A. • 500 AUSTRALIAN AVENUE SOUTH, 9TH FLOOR • WEST PALM BEACH, FL 33401
TELEPHONE (561) 655-5444 �
. e
4
IN TI�E CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
ROBERT LANDGRAFF and
SHEILA LANDGRAFF, CASE NO.: CL-01-8178-AJ
Plaintiffs,
vs. CLERK: File this document in
the court file.
BAYVIEW TERRACE HOMEOWNERS' Judge �arkdu(i
ASSOCIATION, INC. and THE VILLAGE
OF TEQUESTA
/
ORDER ON DEFENDANT, BAYVIEW TERRACE
HOMEOWNERS' ASSOCIATION, INC.'S MOTION TO AMEND ANSWERS AND
AFFIRMATIVE DEFENSES
THIS MATTER came before the Court for ruling upon Defendant, Bayview Terrace
Homeowners' Association, Inc.'s Motion to Axn.end its Answers and Affirmative Defenses. The
Court having heard argument by counsels for the parties and reviewed the Motion and supporting
case law, having reviewed the file and otherwise being advised of the premises it is hereby
ORDERED AND ADJUDGED that Defendant, Bayview Terrace Homeowners'
Association, Inc.'s Motion to Amend its Answers and Affirmative Defenses is hereby
GR.ANTED. Defendant's attached Amended Answers and Affirmative Defenses are deemed
filed upon the entry of this Order. It is further;
ORDERED AND ADJUDGED that this case remains at issue and shall not be stricken
from the four week docket beginning August 12, 2002. �� �� Z� ��y�
� �"'�r�y`�'�/f/� o�id b�c° ��G�c.c.s Bc-t � f
DO E AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida,
t�.
on this !� day of May, 2002.
""�� e
'� THO S H. ARI�ULL, III
C UIT COURT JUDGE
(Service List to Follow)
. `
1
Copies Furnished To:
Guy M. Shir, Esquire
Becker & Poliakoff, P.A.
500 Ausiralian Avenue South, 9th Floor "
West Palm Beach, Florida 33401
David L. Gorman, Esquire
618 iJ.S. Highway One, Suite 303
North Palxn Beach, Florida 33408
John C. Randolph, Esquire
Jones, Foster, Johnson & Stubbs, P.A.
505 South Flagler Drive
West Palm Beach, Florida 33402
211492_1
2