Filing# 199593219 E-Filed 05/31/2024 01:38:37 PM
`
`IN THE CIRCUIT COURT OF THE
`SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY,
`FLORIDA
`
`MAX MESSINGER & MICHELLE
`MESSINGER,
`
`Case No.: CACE24006002
`
`Plaintiffs,
`
`VS.
`
`BOCA RATON ASSOCIATES VIII, LLLP
`A/K/A GL HOMES,
`
`Defendant.
`
`i
`
`PLAINTIFFS' RESPONSE TO DEFENDANT BOCA RATON ASSOCIATIES VIII, LLLP'S
`MOTION TO COMPEL ARBITRATION, TO STAY DISCOVERY, AND DISMISS THE
`COMPLAINT WITHOUT PREJUDICE AND SUPPORTING MEMORANDUM OF LAW
`
`COMES NOW, Plaintiffs,MAX MESSINGER & MICHELLE MESSINGER, by and
`
`through their undersigned counsel, hereby files their Response to Defendant's Motion to Compel
`
`Arbitration,to Stay Discovery, and Dismiss the Complaint Without Prejudice and Supporting
`
`Memorandum ofLaw, and states as follows:
`
`1.
`
`Defendant has failed to acknowledge the specificwording of the "Arbitration"
`
`provisionthat it drafted in its Contract.
`
`2.
`
`The provisionspecificallystates that it appliesto "ALL POST-CLOSING CLAIMS,
`
`DISPUTES, AND CONTROVERSIES". (emphasis added).
`
`3
`
`The provisiongoes on to define a post-closingclaim as "A CLAIM IS CONSIDERED
`
`TO HAVE ARISEN POST-CLOSING IF IT IS ASSERTED AFTER PURCHASER CLOSES ON
`
`THE SALE OF THE HOME, EVEN IF THE CLAIMS IS BASED UPON EVENTS THAT MAY
`
`HAVE OCCURRED PRIOR TO CLOSING".
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/31/2024 01:38:35 PM.****
`
`

`

`4.
`
`The provisionreiterates what it applieslater againin the provisionwhen it states "THIS
`
`PROVISION SHALL APPLY TO ALL POST-CLOSING CLAIMS...". (emphasis added).
`
`I.
`
`Arbitration Provision Does not Apply to Claims Asserted Pre-Closing
`
`5.
`
`The Plaintiffs allegein the Complaint that when the slab was poured,which was clearly
`
`priorto closing,they asserted the claim to the Defendant as to the improper wood framing of the
`
`second story ofthe home. See M8-14 ofthe Complaint.
`
`6.
`
`The Defendant was clearlyaware ofthis claim being asserted priorto closinggiven the
`
`attached emails where a "compromise" was offered. See emails attached as Exhibits A and B.
`
`7.
`
`The below photograph contained in the Complaint is undisputed evidence of this
`
`breach.
`
`G-
`
`,=6 .*+ T
`
`4- r.
`
`.LL
`
`.-
`
`8
`
`The Plaintiffs also asserted the claim in regard to the kitchen cabinets priorto closingas
`
`well. See email attached as Exhibit C.
`
`9-
`
`The Florida Supreme Court has held many times that where the provisionsof an insurance
`
`policy(contract)are at issue,any ambiguity which remains after reading each policy(contract)as a whole
`
`

`

`and endeavoringto give every provisionits full meaning and operativeeffect must be liberallyconstrued
`
`in favor of coverage and strictlyagainstthe insurer (drafter).Wash. Nat'l Ins. Corp. v. Ruderman, 117 So.
`
`3d 943, 949-950 (Fla.2013) See, e.g., Menendez, 70 So. 3d at 570; J.S.U.B., Inc., 979 So. 2d at
`
`877; Garcia v. Fed. Ins. Co., 969 So. 2d 288,291 (Fla.2007); Eaad, 899 So. 2d at 1086; Swire Pac.
`
`Holdings,845 So. 2d at 165; Anderson, 756 So. 2d at 34; State Farm Fire & Cas. Co. v. CTC Dev. Corp.,
`
`720 So. 2d 1072,1076 (Fla.1998);Prudential Prop. & Cas. Ins. Co. v. Swindal, 622 So. 2d 467,470 (Fla.
`
`1993);Deni Assocs. of Florida, Inc. v. State Farm Fire & Cas. Ins. Co., 711 So. 2d 1135, 1138 (Fla.
`
`1998); State Farm Mut. Auto. Ins. Co. v. Pridgen,498 So. 2d 1245, 1248 (Fla.1986).
`
`10.
`
`Per the contract that Defendant unilaterallydrafted the arbitration provisionwould only
`
`applyto "post-closing"claims that were asserted after the close of the home.
`
`11.
`
`12.
`
`The aforementioned claims are clearlyoutside the scope ofthe arbitration provision.
`
`Plaintiffs acknowledge that the claim for the improperlyinstalled a/c drain line was not
`
`asserted pre-closingand could be subjectto the arbitration provision.
`
`13.
`
`Therefore, Defendant's Motion must be denied as to the claim for the breach of contact
`
`as to the second story and kitchen cabinets as these claims clearlyand undisputedlyfail to meet the
`
`de-finition as drafted by Defendant.
`
`II.
`
`Defendant has Waived its Right to Arbitration
`
`14.
`
`The Florida Supreme Court has held there is not a requirementfor proof of prejudicein
`
`order for there to be an effective waiver of the rightto arbitrate. Raymond James Fin. Servs. v. Saldukas,
`
`896 So. 2d 707, 711 (Fla.2005). The Florida Supreme Court has defined "waiver" as the voluntaryand
`
`intentional relinquishmentof a known rightor conduct which impliesthe voluntary and intentional
`
`relinquishmentof a known right.Major League Baseball v. Morsani, 790 So. 2d 1071, 1077 n. 12 (Fla.
`
`

`

`2001).This generaldefinition of waiver is applicableto a rightto arbitrate. The Florida Supreme Court
`
`agreedwith Judge Mikva's opinionin National Foundation for Cancer Research, 821 F.2d at 774:
`
`We cannot agree that any of these pointsjustifya reversal of the
`district court's decision. The rightto arbitration,like any contract
`right,can be waived. See [Cornell& Co. v. Barber & Ross Co., 123
`U.S. App. D.C. 378, 360 F.2d 512, 513 (D.C. Cir. 1966)].The
`Supreme Court has made clear that the "strong federal policy in
`favor of enforcing arbitration agreements" is based upon the
`enforcement of contract, rather than a preferencefor arbitration as
`dispute resolution mechanism.
`an alternative
`Witter
`[Dean
`Reynolds, Inc. v. Byrd, 470 U.S. 213, 218-24, 84 L. Ed. 2d 158, 105
`S. Ct. 1238 (1985)].Thus, the question of whether there has
`been waiver in the arbitration agreement context should be analyzed
`in much the same way as in any other contractual context. The
`essential questionis whether, under the totalityofthe circumstances,
`the defaultingparty has acted inconsistentlywith the arbitration
`right.See Cornell, 360 F.2d at 513.
`
`15.
`
`On September 28, 2023, Plaintiffs first attemptedto demand arbitration by way of a
`
`formal letter sent to Defendant.
`
`16.
`
`On February 13, 2024, after providing more than sufficient time and allowing the
`
`Defendant unfettered access to inspectthe property the Plaintiffs requestedpotentialarbitrators for the
`
`arbitration.
`
`17.
`
`On February 22, 2024, Plaintiffs followed up again as to potentialarbitrators after
`
`receivingno response.
`
`18.
`
`To date, Defendant has failed to provide any potentialarbitrators despitePlaintiffs
`
`demand 8 months ago and multiplefollow-ups.
`
`19.
`
`20.
`
`Plaintiffs were left with no other optionbut to bringthis action.
`
`Therefore, Defendant has waived its rightto arbitrate the remaining claim for the
`
`defectivelyinstalled a/c drain line
`
`

`

`WHEREFORE, Plaintiffs respectfullyrequest the Court deny Defendant's Motions, order an
`
`answer within 10 days and responses to discoverywithin the time periodthey are due along with any
`
`other relief the Court deems proper.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
`
`electronicallyusingthe Florida court e-filingportaland sent by email to all partiesregisteredfor electronic
`
`service ofpleadingson this 31st day of May, 2024.
`
`Attorneys for Plaintiff
`17535 Rainstream Road,
`Boca Raton, FL 33496
`Phone: (561) 892-9939
`Email: max0583@gmail.com
`
`By:'SI Max Messinger
`MAX MESSINGER
`Florida Bar No.. 69988
`
`

`

`Exhibit A
`
`Rebecca Barrett
`
`From:
`
`Sent:
`To:
`
`Subject:
`Attachments:
`
`Lynnette Miller <Lynnette.Miller@glhomes.com>
`Thursday,August 8, 2019 3:00 PM
`Max Messinger
`RE: Lot 117
`
`doc20190808145818.pdf
`
`Hi Max,
`
`Please see attached.
`
`Best Regards,
`Lynnette
`
`From: Max Messinger [mailto:mmessinger@kpattorney.com]
`Sent: Thursday, August 8, 2019 2:45 PM
`To: Lynnette Miller <Lynnette.Miller@glhomes.com>
`Subject: Re: Lot 117
`
`Can you please send me the contract provision you mentioned.
`
`Max Messinger
`Partner
`Kanner & Pintaluga, P.A.
`Mmessinger@kpattornev.com
`
`Principal Office-
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`
`L?=DB--JQ'
`
`1
`
`

`

`KPattornev.com KPabogado.com
`
`Offices throughout Florida including Miami, Hollywood, Delray Beach, Bovnton Beach, Fort Pierce, Jacksonville,
`Orlando, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended only for the individual or
`entity to which it is addressed and may contain information that is privileged,confidential and exempt from disclosure
`under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible
`for deliveringthe message solelyto the intended recipient,you are hereby notified that any dissemination, distribution
`or copying of this communication is strictlyprohibited. If you have received this communication in error, please notify
`the Kanner & Pintaluga,P.A. immediately by telephone or return e-mail and then delete this communication
`immediately. Thank you.
`
`P please consider the environment before printing this e-mail
`
`On Aug 8, 2019, at 12:20 PM, Lynnette Miller <Lynnette.Miller@glhomes.com> wrote:
`
`Hi Max,
`
`My manager sent to construction and I will let you know as soon as she gets back to me.
`
`Best Regards,
`Lynnette
`
`From: Max Messinger [mailto:mmessinger@kpattorney.com]
`Sent: Thursday, August 8, 2019 11:06 AM
`To: Lynnette Miller <Lynnette.Miller@glhomes.corn>
`Subject: Re: Lot 117
`
`Hi Lynnette, checking to see if you heard back from construction.
`
`Max Messinger
`Partner
`Kanner & Pintaluga,P.A.
`Mmessinger@kpattornev.com
`
`-PrincipalOffice-
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`
`2
`
`

`

`?--B--tl?/?
`
`KPattornev.com KPabogado.com
`
`Offices throughout Florida including Miami, Hollywood, Delray Beach, Bovnton Beach, Fort Pierce,
`Jacksonville, Orlando, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended only for
`the individual or entity to which it is addressed and may contain information that is privileged,
`confidential and exempt from disclosure under applicable law. If the reader of this message is not the
`intended recipient,or the employee or agent responsible for deliveringthe message solelyto the
`intended recipient, you are hereby notified that any dissemination, distribution or copying of this
`communication is strictlyprohibited. Ifyou have received this communication in error, please notifythe
`Kanner & Pintaluga, P.A. immediately by telephone or return e-mail and then delete this communication
`immediately. Thank you.
`
`P please consider the environment before printing this e-mail
`
`On Aug 6, 2019, at 4:20 PM, Lynnette Miller <Lynnette.Miller@glhomes.com> wrote:
`
`Hi Max,
`
`That is so great! I will check with construction for you.
`
`From: Max Messinger [mailto:mmessinger@kpattorney.com]
`Sent: Tuesday, August 6, 2019 4:04 PM
`To: Lynnette Miller <Lynnette.Miller@glhomes.corn>
`Subject: Lot 117
`
`Hi Lynnette, hope all is well. They poured our foundation so we are on the way. When I
`was there today there was one house that the front second story exterior looked like it
`was wood and not cement block. It looked like our model without the premium front. I
`just want to make sure the front of the second story on our house will be block as that
`was what we were always told.
`
`Thanks,
`
`Max Messinger
`Partner
`Kanner & Pintaluga, P.A.
`Mmessinger@kpattornev.com
`
`-----------PrincipalOffice-------------
`
`3
`
`

`

`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`
`?--B--TL?/?
`
`KPattornev.com KPabogado.com
`
`Offices throughout Florida including Miami, Hollywood, Delray Beach, Bovnton Beach,
`Fort Pierce, Jacksonville, Orlando, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is
`intended only for the individual or entity to which it is addressed and may contain
`information that is privileged,confidential and exempt from disclosure under applicable
`law. Ifthe reader of this message is not the intended recipient, or the employee or
`agent responsible for delivering the message solely to the intended recipient, you are
`hereby notified that any dissemination, distribution or copying of this communication is
`strictlyprohibited. If you have received this communication in error, please notifythe
`Kanner & Pintaluga, P.A. immediately by telephone or return e-mail and then delete this
`communication immediately. Thank you.
`
`P please consider the environment before printing this e-mail
`
`On Jun 11, 2019, at 9:10 AM, Lynnette Miller <Lynnette.Miller@glhomes.com> wrote:
`
`Hi Max,
`
`Hope all is well with you and your family.
`
`No change stillsometime in July.
`
`Best Regards,
`Lynnette
`
`From: Max Messinger [mailto:mmessinger@kpattornev.coml
`Sent: Friday,June 7, 2019 8:03 PM
`
`4
`
`

`

`To: Lynnette Miller<Lynnette.Miller@glhomes.com>
`Subject: Re: Hi !
`
`Hey, just checking to see ifanything changed as to the start date.
`
`Max Messinger
`Partner
`Kanner & Pintaluga, P.A.
`Mmessinger@kpattornev.com
`
`----------PrincipalOffice-------------
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`
`?--B--tl?/?
`
`KPattorney.com KPabogado.com
`
`Offices throughout Florida including Miami, Hollywood, Delray Beach,
`Bovnton Beach, Fort Pierce, Jacksonville, Orlando, Tampa & Bonita
`Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee & South
`Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL.
`This message is intended only for the individual or entity to which it is
`addressed and may contain information that is privileged,confidential
`and exempt from disclosure under applicable law. Ifthe reader of this
`message is not the intended recipient,or the employee or agent
`responsible for delivering the message solely to the intended recipient,
`you are hereby notified that any dissemination, distribution or copying
`of this communication is strictlyprohibited. If you have received this
`communication in error, please notifythe Kanner & Pintaluga,P.A.
`immediately by telephone or return e-mail and then delete this
`communication immediately. Thank you.
`
`5
`
`

`

`P please consider the environment before printing this e-mail
`
`On May 9, 2019, at 6:19 PM, Lynnette Miller
`<Lynnette.Miller@glhomes.com> wrote:
`
`Hi Max,
`
`So far they have not changed delivery dates but keep
`asking as we move forward.
`
`Have a nice night!
`Lynnette
`
`From: Max Messinger
`[mailto:mmessinger@kpattornev.coml
`Sent: Thursday, May 9, 2019 2:32 PM
`To: Lynnette Miller<Lynnette.Miller@glhomes.com>
`Subject: RE: Hi!
`
`No problem. Does that mean expected closingdate is
`still March 2020? Renting so need to keep up with that.
`
`Best regards,
`
`Max Messinger
`Partner
`Kanner & Pintaluga, P.A.
`Mmessinger@kpattorney.com
`
`----------PrincipalOffice-------------
`
`<image001.jpg>
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`<image002.png>
`<image003.png> <image004.jpg>
`<image005.png><image006.png>
`
`KPattornev.com KPabO2ado.com
`
`Offices throughout Florida including Miami, Hollywood, Delray Beach,
`Boynton Beach, Fort Pierce, Jacksonville, Orlando, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This
`message is intended only for the individual or entity to which it is addressed and may
`contain information that is privileged, confidential and exempt from disclosure under
`applicable law. If the reader of this message is not the intended recipient, or the
`employee or agent responsible for delivering the message solely to the intended
`recipient, you are hereby notified that any dissemination, distribution or copying of
`this communication is strictly prohibited. If you have received this communication in
`error, please notify the Kanner & Pintaluga, P.A. immediately by telephone or return e-
`mail and then delete this communication immediately. Thank you.
`
`6
`
`

`

`b-Fplease consider the environment before printing this
`
`e-mail
`
`From: Lynnette Miller <Lynnette.Miller@glhomes.com>
`Sent: Thursday, May 9, 2019 2:25 PM
`To: Max Messinger <mmessinger@kpattornev.com>
`Subject: RE: Hi!
`
`Hi Max,
`
`Sorry I was out sick with the flu. Our meeting was
`canceled this morning. Your approximate start is end of
`July it could change as permits come in.
`
`I will keep you posted.
`
`Thank you,
`Lynnette
`
`From: Max Messinger
`[mailto:mmessinger@kpattornev.coml
`Sent: Thursday, May 9, 2019 12:43 PM
`To: Lynnette Miller<Lynnette.Miller@glhomes.com>
`Subject: FW: Hi!
`
`Hi Lynnette, didn't hear anything before. I know you
`have Thursday meetings so can you try to find out some
`info as to the status of starting construction.
`
`Best regards,
`
`Max Messinger
`Partner
`Kanner & Pintaluga, P.A.
`Mmessinger@kpattornev.com
`
`Principal Office-
`
`<image001.jpg>
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`<image002.png>
`<image003.png> <image004.jpg>
`<image005.png><image006.png>
`
`KPattorney.com KPabogado.com
`
`7
`
`

`

`Offices throughout Florida including Miami, Hollywood, Delray Beach,
`Boynton Beach, Fort Pierce, Jacksonville, Orlando, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This
`message is intended only for the individual or entity to which it is addressed and may
`contain information that is privileged, confidential and exempt from disclosure under
`applicable law. If the reader of this message is not the intended recipient, or the
`employee or agent responsible for delivering the message solely to the intended
`recipient, you are hereby notified that any dissemination, distribution or copying of
`this communication is strictly prohibited. If you have received this communication in
`error, please notify the Kanner & Pintaluga, P.A. immediately by telephone or return e-
`mail and then delete this communication immediately. Thank you.
`
`b-Fplease consider the environment before printing this
`
`e-mail
`
`From: Max Messinger <mmessinger@kpattorney.com>
`Sent: Monday, May 6, 2019 7:37 PM
`To: Lynnette Miller <Lynnette.Miller@glhomes.com>
`Subject: Re: Hi !
`
`Hi Lynnette, any news on a start date?
`
`Thanks
`
`Max Messinger
`Partner
`Kanner & Pintaluga,P.A.
`Mmessinger@kpattornev.com
`
`-----------PrincipalOffice-------------
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`
`LE=-B
`
`1-Ell?
`
`KPattornev.com KPabogado.com
`
`8
`
`

`

`Offices throughout Florida including Miami,
`Hollywood, Delray Beach, Bovnton Beach, Fort Pierce,
`Jacksonville, Orlando, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Tennessee
`& South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT
`PRIVILEGED MATERIAL. This message is intended only
`for the individual or entity to which it is addressed and
`may contain information that is privileged,confidential
`and exempt from disclosure under applicable law. Ifthe
`reader of this message is not the intended recipient,or
`the employee or agent responsible for deliveringthe
`message solelyto the intended recipient,you are
`hereby notified that any dissemination, distribution or
`copying of this communication is strictlyprohibited. If
`you have received this communication in error, please
`notifythe Kanner & Pintaluga,P.A. immediately by
`telephone or return e-mail and then delete this
`communication immediately. Thank you.
`
`P please consider the environment before printing this
`e-mail
`
`On Apr 24, 2019, at 10:15 AM, Lynnette Miller
`<Lynnette.Miller@glhomes.com> wrote:
`
`Hi Max,
`
`I will find out your approximate start
`week at our Thursday meeting. It also
`will depend on when permits come in.
`
`Not sure who you talked to this are the
`3 GL Financial consultants:
`
`Joe Levie 954-234-8729
`Seth Shapiro 561-351-9578
`Christine Yaralli 561-305-0576
`
`Best Regards,
`Lynnette
`
`From: Max Messinger
`[mailto:mmessinger@kpattornev.coml
`Sent: Tuesday, April 23, 2019 9:26 PM
`To: Lynnette Miller
`<Lynnette.Miller@glhomes.com>
`Subject: Re: Hi !
`
`9
`
`

`

`Hi Lynnette, what are the next steps?
`Any idea when they will break ground?
`
`Also what was the name of the gl
`mortgage guy? Have a question for him.
`
`Thanks
`
`Max Messinger
`Partner
`Kanner & Pintaluga,P.A.
`Mmessinger@kpattornev.com
`
`-------PrincipalOffice-------------
`
`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway, 6th Floor
`Boca Raton, FL 33432
`
`KPattornev.com KPabogado.com
`
`Offices throughout Florida including
`Miami, Hollywood, Delray Beach,
`Bovnton Beach, Fort Pierce,
`Jacksonville, Orlando, Tampa & Bonita
`Springs.
`
`Offices also in Georgia, Alabama,
`Louisiana, Tennessee & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK
`PRODUCT PRIVILEGED MATERIAL. This
`message is intended only for the
`individual or entity to which it is
`
`10
`
`

`

`addressed and may contain information
`that is privileged,confidential and
`exempt from disclosure under
`applicable law. Ifthe reader of this
`message is not the intended recipient,
`or the employee or agent responsible
`for delivering the message solely to the
`intended recipient, you are hereby
`notified that any dissemination,
`distribution or copying of this
`communication is strictlyprohibited. If
`you have received this communication
`in error, please notifythe Kanner &
`Pintaluga, P.A. immediately by
`telephone or return e-mail and then
`delete this communication
`immediately. Thank you.
`
`P please consider the environment
`before printing this e-mail
`
`On Apr 22, 2019, at 8:52 AM, Lynnette
`Miller <Lynnette.Miller@glhomes.com>
`wrote:
`
`Got it thank you !!
`
`From: Max Messinger
`
`pattornev.coml
`Sent: Friday,April 12,
`2019 5:28 PM
`To: Lynnette Miller
`<Lynnette.Miller@glho
`m es. com >
`Subject: Re: Hi !
`
`Email is best and i can
`drop check off. Thanks
`again.
`
`Max Messinger
`Partner
`Kanner & Pintaluga,
`P.A.
`
`Mmessinger@kpattorn
`ev.com
`
`-----------PrincipalOffice-
`------------
`
`11
`
`

`

`Phone (800) 586-5555
`Fax (866) 641- 4690
`
`Kanner & Pintaluga,
`P.A.
`925 S. Federal Highway,
`6th Floor
`Boca Raton, FL 33432
`
`KPattornev.com
`KPabogado.com
`
`Offices throughout
`Florida including
`Miami, Hollywood,
`Delray Beach, Boynton
`Beach, Fort Pierce,
`
`Jacksonville,Orlando,
`Tampa & Bonita
`Springs.
`
`Offices also in Georgia,
`Alabama, Louisiana,
`Tennessee & South
`Carolina.
`
`ATTORNEY-CLIENT
`AND/OR WORK
`PRODUCTPRIVILEGED
`MATERIAL. This
`message is intended
`only for the individual
`or entity to which it is
`addressed and may
`contain information
`that is privileged,
`confidential and
`exempt from disclosure
`under applicable law. If
`
`12
`
`

`

`the reader of this
`message is not the
`intended recipient, or
`the employee or agent
`responsible for
`deliveringthe message
`solely to the intended
`recipient, you are
`hereby notified that
`any dissemination,
`distribution or copying
`of this communication
`
`is strictlyprohibited.If
`you have received this
`communication in
`error, please notifythe
`Kanner & Pintaluga,
`P.A. immediately by
`telephone or return e-
`mail and then delete
`this communication
`immediately. Thank
`you.
`
`P please consider the
`environment before
`printingthis e-mail
`
`On Apr 12, 2019, at
`4:21 PM, Lynnette
`Miller
`
`<Lynnette.Miller@glho
`mes.com> wrote:
`
`Hi Max,
`
`I finally
`got
`your
`pool ! I
`will be
`
`able to
`do your
`change
`order
`now
`with
`
`the
`
`pool
`and the
`
`change
`s you
`
`13
`
`

`

`request
`ed. I
`
`just
`finished
`an
`
`appoint
`ment
`butl
`have to
`
`leave
`
`the
`
`office
`now. I
`will do
`the
`
`change
`order
`Monda
`
`y a
`
`fterno
`on after
`my
`appoint
`ment
`and
`email it
`
`to you
`for
`
`signatu
`re or I
`
`can
`
`leave it
`
`UP
`front
`
`foryou
`to pick
`up. Let
`me
`know
`what
`works
`
`best for
`
`you.
`Once I
`do the
`
`change
`orderl
`
`can
`
`give
`you the
`total
`amount
`
`14
`
`

`

`forthe
`
`check.
`
`Have a
`
`great
`weeken
`dl
`
`Lynne
`tte
`Miller
`Option
`
`S C
`
`oordi
`nator
`Lotus
`17278
`Rainst
`ream
`Rd.
`Boca
`Raton,
`FL
`33496
`561-
`585-
`8800
`
`15
`
`

`

`/Vi Gmail
`
`Lotus Lot 117
`1 message
`
`Kara Babcock <Kara.Babcock@glhomes.com>
`To: "max0583@gmail.com" <max0583@gmail.com>
`Cc: Colleen Colton <Colleen.Colton@glhomes.com>
`
`Dear Mr. Messinger,
`
`Exhibit B
`
`Max Messinger <max0583@gmail.com>
`
`Wed, Aug 28, 2019 at 11:07 AM
`
`I hope you are doing well. I wanted to follow up regarding the conversation we had on Sunday, August 18,
`2019, regarding your Home in Lotus. As you recall, I presented you the option to either remain on your current
`Lot with your current Plan or transfer to another lot currently available in order to proceed with the premium
`elevation of your Plan as requested. I agreed to give you until Friday, August 23, 2019 to advise how you would
`like to proceed. Since I did not hear from you by this deadline, I then tried to reach you on Saturday, August 24,
`2019, and left you a voicemail. As of today, I have not received a response. Therefore, please be advised that
`the offer to transfer to another lot currently available in order to elect the premium elevation has expired and
`Seller is proceeding to build your Home pursuant to the Purchase Contract. Thank you and have a nice
`afternoon.
`
`Sincerely,
`
`Kara Babcock
`
`Project Manager
`
`Lotus
`
`17278 Rainstream Road
`
`Boca Raton, FL 33496
`
`(561) 585-8800
`
`Notice: Nothing herein sha// be construed or deemed to constitute: (/)an offer or agreement to se// any
`home, or (//)an amendment or modification to any written agreement for the sa/e and purchase of a home.
`Offers to purchase our homes may on/y be made and accepted by execution of a written purchase
`contract by the parties thereto.
`
`

`

`Exhibit C
`
`To:
`CC
`
`Subject:
`Date:
`Attachments:
`
`Kara Babcock
`
`anaelica.delmar@alhomes.com;
`Lot 117 Big Problem
`Wednesday, July 8,2020 10:41:20 AM
`imaae001.Dnq
`imaa.002.Dnq
`imaqe003.pnq
`imaa.005.Dnq
`imaqe006.pnq
`imaae008.Dr-lq
`
`image010.png
`imaae007.emz
`image009.emz
`117 Ootions Selected. Ddf
`
`Hi Kara, I have recently learned GLinstalled the incorrect kitchen cabinets in our house. I originallycomplained about 2 months before I closed thatthere were
`not soft close cabinets in the kitchen. I was told that it would be taken care of. At closing it was not taken care of. I was told they still had to be ordered. They
`wereordered andthe kitchen contractorcametodayto installthem. He also and fix other issues from closing. It wasdeterminedthattheyactuallyinstalled the
`incorrect cabinets which is most likely whythey were not soft close because it was a lower level. They are trying to fix this issue. This made me look at my
`paperwork and it clearly states the boxes will be "solid wood". I asked the contractor what the boxes are and he told me that they never install solid wood boxes
`because it is always particle board. He has his supervisor come to the house who confirmed this as well. The paperwork clearly says the boxes will be solid wood
`I reviewed another person's paperwork from the community and it states "solid wood" as well. This makes me believe that almost every person in
`which is a lie.
`the community has paperwork that states that they would get "solid wood" boxes and the contractor confirmed it is never used.
`
`KCB40340
`
`Kitchen Cabinets: Base & Tall Cabinets: Design #3: Level V: Chimney
`Hood/ Stacked Upper: Cabinets
`
`KCB40390
`
`Preferences
`Cabinet Selection - Salem Il Maple
`Salem Il Maple
`Kitchen Craft Recessed Frame Full Overlay Door. Soft Close Drawers, Soft Close
`Doors Natural Maple Interiors Recessed Center Panel 5PC Drawer Front- Box
`Construction- Solid Wood
`
`Alabaster
`
`Kitchen Cabinets: Upper Cabinets: Design #3: Level V: Chimney Hoodj
`Stacked Upper: Cabinets
`Preferences
`Cabinet Selection Salem Il Maple
`Salem Il Maple
`Kitchen Craft Recessed Frame Full Overlay Door. Soft Close Drawers, Soft Close
`Doors Natural Maple Interiors Recessed Center Panel 5PC Drawer Front- Box
`Construction: Solid Wood
`
`Alabaster
`
`Best regards,
`
`Max Messinger
`Partner
`Kanner & Pintaluga, P.A.
`Mmessinger@kpattorney.com
`
`CT@
`Kanner & Pintaluga
`PROPERIY DAMAGE ATTORNEYS
`
`i ?uL
`
`-Principal Office-------------
`
`Kanner & Pintaluga, P.A.
`925 S. Federal Highway. 6th Floor
`Boca Raton, FL 33432
`Phone (561) 424-0032 or 1-800-586-5555
`(561) 853-2188
`Fax
`
`SuperLauyers
`Max Meeelnger
`
`GLLLU 1 LU IN 2,1.
`1/UNMUM?kl.1-E
`
`Got,gie
`
`Offices throughout Florida including Miami, Hollywood, Delray Beach, Miramar Beach, Tallahassee, Jacksonville, Orlando, Panama City, Tampa & Bonita Springs.
`Offices also in Georgia, Alabama, Louisiana, Nevada, Illinois & South Carolina.
`ATTORNEY-CLIENT AND/OR WORK PRODUCT PRIVILEGED MATERIAL. This message is intended o/y for the individual or entle to which lt iS addressed and may contain Information that is privileged, confidential and exempt from disclosure
`under applicable law. If thereaderof this message is notthe intended recipient, or the employee oragent responsible fordeliveringthe message solelytotheintendedrecnpient, youareherebynotifiedthatanydissemination, distribution or copymg
`of this communication is strictly prohibited. If you have received tbLS communication m e.or, please notify the Kanner & Plntaluga, PA. i:m:mediately by telephone or return e-mall andthendeletethis communication immediately. Thankyou.
`
`

`

`?Aplease consider the environment before printing this e-mail
`
`