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HomeMy Public PortalAboutCase 14-14780 (12/31/14)Martin E. 1280 West Newport Center or Derriletd Beach, FL33442 vs. Jones Foster Service, LLC and The Town of Gulf Stream PLAINTIFF DEFENDANT IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. p JUDGE— 4—J.47 V O DIV. Y3 STEVETI P. DELEICd STATE OF FLORIDA - NOTICE TO PLAINTIFF(S) AND A.1 r-V4arU.%XA CP5 �-Z 1 z�3►� 1�4 DEFE ANT(S) I " -�SpM By Serving: the Town of Gull Stream 100 Sea Road Gulf Sream, FL33483 W VY. ' YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the Broward County Courthouse in Courtroom 2 located at iRW.H1l1 00 BLVD, DEMFIELD BEACH, FL 33412 on �- -/ O l5 at `%/041 fora PRETRIAL CONFERENCE before a Judge of this court. IMPORTANT - READ CAREFUT_.LY �'✓ I A ue / THE CASE WILL NOT BE TRIED AT THAT TIME. DO NOT BRING WITNE.SSF.S- APPEAR IN PERSON OR BY ATTORNEY. t Dep U tl The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The 0 Cr plaintiff(s) k plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference. The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may of may not approve a payment plan and withhold judgment or execution or levy. RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: (1) where the contract was entered into; (2) if the suit is on an unsecured promissory note, where the note is signed or where the maker resides; (3) if the suit is to recover property or to foreclose a lien, where the property is located; (4) where the event giving rise to the suit occurred; (5) where any one or more of the defendants sued reside; (G) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to where the suit may be filed, where payment is to be made. If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff(s) or plaintiff(s) attorney, if any. A copy of the statement of claim shall be served with this summons. DATED at Florida, Filed by: Merin B. O'Boyle Address: 1200 west Newport center odve Deerrield Beach, FL 33442 DEC 242014 HOWARD C. FORN T-^ AS CLE $MTHE COURT V. g7'%":� t rri tit v- '-(Vy �� If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 470, 201 S.E. Sixth Street, Fort Lauderdale, FL 33301, 954- 831 -7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. IN THE COUNTY COURT IN AND FOR BROWARD COUNTY FLORIDA CLOCK IN DIVISION: [x] CIVIL STATEMENT OF CLAIM [ ] OTHER Mi ni a nl9 � l PLAINTIFF (S) vs. DEFENDANT (S) Martin E. O'Boyle Jones Foster Service, LLC CASIN(JMBER and 44 14 7 8 O the Town of Gulf Stream Sp DIV: The Plaintiff sues the Defendant for money owed Plaintiff by Defendant; and which is past due and unpaid; for (As marked (x) below) [ ] Goods, wares and merchandise sold by Plaintiff, to Defendant; �c(�ff {{I`y•11` i ` [ ] Work done and materials furnished by Plaintiff, to Defendant; j��jj$ [ ] Money loaned by Plaintiff to Defendant; -- [ ] Money due to Plaintiff upon accounts stated and agreed to between them; [ ] On a written instrument, copy of which is attached hereto; - [ ] Rent for certain premises in Broward County, Florida, Viz; [✓] Other (Explain) [ ] Any additional facts in connection with any of the above: (Use additional sheet if necessary) On or about Gettemher 24 2014 the Cgrnplainant paid the sum of $35231 as nquired by the 12Cfendant the Town of Gulf Stream for a public records request for the legal bills of Jones Foster for the month of August, 2014. The Town of Gulf Stream made it clear that absent a payment of a service charge (a service charge which had never been imposed for the 2 years prior), that the requested records would not be delivered to the Requestor. Consequently, the Requestor paid the requested amount, even though neither the Town of Gulf Stream nor Jones Foster imposed any assessment for a service charge for the requested Public Records. Con9equently Itie 111amufflieneves mat the Flaintitt has been imporoper y an un y charged and seeks recovery of the amount paid for the aforementioned Public Records. Where Plaintiff demands judgment in the sum of $ 362.31 together with court costs which the court may assess. The Plaintiff, says the foregoing is a just and true statement of the amount owing by the Defendant to Plaintiff, exclusive of all set -offs and just grounds of defense. Affiant states that the Defendant(s) islare not in the military service of the United States. SWORN AND SUBSCRIBED BEFORE ME this day of DEC `i 4 .20 PLAINTIFF OR ATTORNEY HOWARD C. FORMAN, CLERK OF COURTS Martin E. O'Boyle ADDRESS OF PLAINTIFF /ATTORNEY 1280 West Newport Cetitei Dr - by,... _...... _ _ DEPUTY CLERK Deerfield Beach, FL 33442 NOTARY PUBLIC f j za— KATREENSOK0104VSKI•LACA State of Florida * MVCOM69SSION1EE109170 PLAINTIFF /ATTORNEY TELEPHONE �'' EXPIRES: July 15,2015 ' �eDFnDe`O 9adedTluuaudgAKolDySwice.9 95( 4 1 570 -3513 MYCOMMISSION EXPIRES: TA5 /15 ATTORNEY BAR NUMBER: FORM 03 REVISED IN9 SEARCH FEE:696 COPY ME: My Marlin E. O'Boyle 1280 West Newport Center or Denfield Beach, FL 33442 sq- 5-70— 35-/? PLAINTIFF vs. Jones Foster Service, LLC and The Town of Gull Stream DEFENDANT IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. DOE i" -14780 73 STEVEN STATE OF FLORIDA — NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) By Serving: the Town of Gulf She= 100 Sea Road Gull Stream, FL 33483 , YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the Broward County Courthouse in Courtroom L located at 18 8 W. HILL I , DEERFIELD BEACH, FL 33442 on - (�- a0/ 5" at o for a PRETRIAL CONFERENCE before a Judge of this court. The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference. The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and withhold judgment or execution or levy. RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: (I) where the contract was entered into; (2) if the suit is on an unsecured promissory note, where the note is signed or where the maker resides; (3) if the suit is to recover property or to foreclose a lien, where the property is located; (4) where the event giving rise to the suit occurred; (5) where any one or more of the defendants sued reside; (6) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to where the suit may be filed, where payment is to be made. If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (swom to under oath) with the court 7 days prior to your fast court date and send a copy to the plaintiff(s) or plaintiff(s) attorney, if any. A copy of the statement of claim shall be served with this summons. DATED at Florida, on _ ®EC 7 4 2014 Filed by: Martin a o -eoyie Address: 128D West Newport Center Ddve Deerfield Beach. FL 33442 HOWARD C. FORMAN AS CLERK OF THE COURT LZ If you are a person with a disability who needs any to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 4709 201 S.E. Sixth Street, Fort Lauderdale, FL 333019 954- 831 -7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Madin E. O'Boyle 1280 West Newport center or Derrileld Beach, FL 33442 PLAINTIFF vs. IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. JUDGE DIV. 1 4-J,47 8 0 73 STEVEN P. DEWMA Jones Foster Service, LLC SUMMONSINOTICE TO APPEAR FOR and PRETRIAL. CONFERENCE The Town of Gulf Stream DEFENDANT STATE OF FLORIDA - NOTICE TO PLAINTIFF(S) AND DEFENDANT(S) By Servina: the Town of Gulf Stream 100 Sea Road Gull Stream, FL 33483 IM W. HIMMUK0 MM, Uct:FM= BNUH, Pt YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the Broward County Courthouse in Courtroom 2 , located at M V-11100RD RLVII, DEERFIELD BEACH, FL 3W2 on ?- -/ 7-0 / 5 at ` /-S'i for a PRETRIAL CONFERENCE before a Judge of this court. The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or the defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference. The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing parry. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and withhold judgment or execution or levy. RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: (1) where the contract was entered into; (2) if the suit is on an unsecured promissory note, where the note is signed or where the maker resides; (3) if the suit is to recover property or to foreclose a lien, where the property is located; (4) where the event giving rise to the suit occurred; (5) where any one or more of the defendants sued reside; (6) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to where the suit may be filed, where payment is to be made. If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your fast court date and send a copy to the plaintiff(s) or plaintiff(s) attorney, if any. A copy of the statement of claim shall be served with this summons. DATED at Florida, on DEC 2 4 2014 Filed by: Mama e. o'eoyie Address: 1280 West Newport center Drive Deerfield Beach, R 33442 HOWARD C. FORS — AS CLE14 �F'T -a COURT V 8alAe&7"�) If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 4709 201 S.E. Sixth Street, Fort Lauderdale, FL 33301, 954- 831 -7721 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. IN THE COUNTY COURT IN AND FOR BROWARD COUNTY FLORIDA CLOCK IN DIVISION: (x] CIVIL STATEMENT OF CLAIM [ ] OTHER SMIRI6 AEI PLAINTIFF (S) vs. DEFENDANT (S) Martin E. O'Boyle Jones Foster Service, LLC CASJN(JMBER and 44 14 7 8 0 the Town of Gulf Stream SP DIV: The Plaintiff sues the Defendant for money owed Plaintiff by Defendant; and which is past due and unpaid; for (As marked (x) below) [ ] Goods, wares and merchandise sold by Plaintiff, to Defendant-7 7 [ ] Work done and materials furnished by Plaintiff, to Defendant; cV - (] Money loaned by Plaintiff to Defendant; - -- [ ] Money due to Plaintiff upon accounts stated and agreed to between them; [ ] On a written instrument, copy of which is attached hereto; "- [ ] Rent for certain premises in Broward County, Florida, Viz; [✓] Other (Explain) [ ] Any additional facts in connection with any of the above: (Use additional sheet if necessary) Dn or about September 24 2014 the Complainant paid the slim of S162,31 as rnni� by the Defendant the Town of Gulf Stream for a public records request for the legal bills of Jones Foster for the month of August, 2014. The Town of Gulf Stream made it clear that absent a payment of a service charge (a service charge which had never been unposed for the 2 years prior), that the requested records would not be dell ered to the Requestor. Consequently, the Requestor paid the requested amount, even though neither the Town of Gulf Stream nor Jones Foster imposed any assessment for a service charge for the requested Public Records. Consequently the Flaintut5eneves that the Flamutt has been ]mporoper y and unduly charged and seeks recovery of the amount paid for the aforementioned Public Records. Where Plaintiff demands judgment in the sum of $ 362.31 together with court costs which the court may assess. The Plaintiff, says the foregoing is a just and true statement of the amount owing by the Defendant to Plaintiff, exclusive of all set -offs and just grounds of defense. Affiant states that the Defendant(s) islare not in the military service of the United States. SWORN AND SUBSCRIBED BEFORE ME this day of ' *C ? 4 ' , 20 PLAINTIFF OR ATTORNEY HOWARD C. FORMAN, CLERK OF COURTS Martin E. O'Boyle ADDRESS OF PLAINTIFF /ATTORNEY "--_1280 West Newport Center Dr - by :. DEPUTY CLERK _Deerfield Beach, FL 33442 NOTARY PUBLIC ° KATNIEENSOKOLOWSKI4ACA State of Florida . * My COMMISSION :EE109170 PLAINTIFF /ATTORNEY TELEPHONE EXPIRES: July 15.2015 "FDEFi� BaMedihuBdgdhol9ry 9erirez 95( 4 1 570 -3513 MYCOMMISSION EXPIRES: ATTORNEY BAR NUMBER: FOM03 SE HFEE:693 CDPY FEE:69➢ REVISED 1N3