Preview
Filing # 170233154 E-Filed 04/03/2023 04:28:28 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA.
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE,
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
/
NOTICE OF FILING
HOOTERS OF PORT CHARLOTTE, INC. (“Hooters”), by and through its undersigned
counsel, hereby files the following in support of its RESPONSE IN OPPOSITION TO
PLAINTIFF’S MOTION TO UNSEAL ARBITRATION AWARD AND FOR ENTRY OF FINAL
JUDGMENT AS TO DEFENDANTS, AND HOOTERS’ MOTION TO STAY EXECUTION, and
for consideration at the special set hearing scheduled for 4/4/2023 at 1:30 p.m.:
Transcript of March 3, 2023 Hearing;
AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT
CHARLOTTE, INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE,
DECISION, ARBITRATION AWARD, AND/OR ORDER, AND FOR
EXTENSION OF TIME;
DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR
RELIEF FROM JUDGMENT, DECREE, DECISION, ARBITRATION
AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME;
DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S SUPPLEMENTAL
BRIEF, EVIDENCE, AND LEGAL AUTHORITY IN SUPPORT OF ITS
MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION,
ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF
TIME
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 3rd day of April, 2023, a true and correct copy of the
foregoing was filed with the Clerk by using the Florida Courts e-Filing Portal, which will send an
automatic e-mail message to the following parties registered with the e-Filing Portal System on the
attached Service List.
RITTER CHUSID, LLP
Counsel for Defendant, Hooters of Port Charlotte,
Inc.
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
By 4s/ Joshua Brankamp
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mchusid@ritterchusid.com
Joshua Brankamp, Esq.
Florida Bar No.: 31315
jbrankamp@ritterchusid.com
Michael Rubin, Esq.
Florida Bar No.: 1027903
mrubin@ritterchusid.com
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
SERVICE LIST
CASE NO.: 21-000410-CA
Randall L. Spivey, Esq.
Spivey Law Firm, Personal Injury Attorneys, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
Tel: 239-337-7483
Fax: 239-337-7484
andall@spiveylaw.com
Counsel for Plaintiff
Howard William Holden, Esq.
Luks Santaniello, et al.
1422 Hendry Street, 3 Floor
Fort Myers, Florida 33901
Tel: 239-561-2828
Fax: 239-561-2841
hholden@Is-law.com
Counsel for BWR North Port, LLC
Jeffrey D. Jensen, Esq.
T.R. Unice, Jr., Esq.
Unice Salzman Jensen, P.A.
South State Bank Building, 2" Floor
1815 Little Road
Trinity, Florida 34655
Tel: 727-723-3772
Fax: 727-723-1421
ervice@unicesalzman.com
jjensen@unicesalzman.com
siller@unicesalzman.com
dcantwell@unicesalzman.com
Counsel for Mark Barcia
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
Cristobal A. Casal, Esq.
Yasmine Kirollos, Esq.
Conroy Simberg
12730 New Brittany Boulevard, Suite 300
Fort Myers, Florida 33907
Tel: 239-337-1101
Fax: 239-334-3383
eserviceftm@conroysimberg.com
ccasal@conroysimberg.com
ykirollos@conroysimberg.com
hbullen@conroysimberg.com
Counsel for Jackmont Hospitality, Inc.
W/b/a TGI Fridays and Atlanta Restaurants Partners
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 21-000410-CA
VENISSA DRIGGERS, as Personal
Representative of the Estate of
DAVID B. FLICK, Deceased,
Plaintiff,
-vs-
MARK BARCIA, HOOTERS OF PORT
CHARLOTTE INC., BWR NORTH PORT, LLC
d/b/a BUFFALO WINGS AND RINGS,
ATLANTA RESTAURANT PARTNERS, LLC
10 d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC.
d/b/a TGI FRIDAYS,
11
Defendants.
12 ee
13
TRANSCRIPT OF HEARING PROCEEDINGS
14
DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S
15 MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION,
ARBITRATION AWARD, AND/OR ORDER AND FOR EXTENSION OF TIME
16
(Pages 1- 11)
17
18 DATE TAKEN: Friday, March 3, 2023
TIME: 9:30 a.m. - 9:46 a.m.
19 PLACE: Remote via Zoom
BEFORE: Geoffrey Gentile, Circuit Judge
20
21
22
23 This cause came on to be heard at the time and
place aforesaid, when and where the following
24 proceedings were stenographically reported by:
25 COLETTE JACKSON, Court Reporter
(JOB NO. 300876)
APPEARANCES (All appearing remotely via Zoom):
On behalf of the Plaintiff:
SPIVEY LAW FIRM, PERSONAL INJURY ATTORNEYS, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
(239) 337-7483
BY: RANDALL L. SPIVEY, ESQUIRE
randal1l@spiveylaw.com
On behalf of the Defendant/Hooters of Port Charlotte, Inc.:
RITTER CHUSID, LLP
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
(954) 340-2200
10 BY: JOSHUA BRANKAMP, ESQUIRE
jbrankamp@ritterchusid.com
11
12 On behalf of the Defendant/Mark Barcia:
13 UNICE SALZMAN JENSEN, P.A.
South State Bank Building, 2nd Floor
14 1815 Little Road
Trinity, Florida 34655
15 (727) 723-3772
BY: VANESSA GERLICH, ESQUIRE
16 vgerlich@unicesalzman.com
17
On behalf of the Defendants/Atlanta Restaurant Partners,
18 LLC and Jackmont Hospitality, Inc.:
19 CONROY SIMBERG
12730 New Brittany Boulevard, Suite 300
20 Fort Myers, Florida 33907
(239) 337-1104
21 BY: YASMINE KIROLLOS, ESQUIRE
ykirollos@conroysimberg.com
22
23
24
25
Thereupon, the following proceedings began remotely via
Zoom at 9:39 a.m.:
THE COURT: Driggers.
Let's have appearances, starting with the
plaintiff.
MR. BRANKAMP: Your Honor -- oh, forgive me.
You said plaintiff.
MR. SPIVEY: Good morning, Your Honor.
Randall Spivey. I represent the Estate of David
10 Flick.
11 MR. BRANKAMP: And good morning, Your Honor.
12 Josh Brankamp here on behalf of Hooters of Port
13 Charlotte, Inc.
14 MS. GERLICH: Good morning, Your Honor.
15 Vanessa Gerlich here on behalf of Mark Barcia.
16 MS. KIROLLOS: Good morning, Your Honor.
17 Yasmine Kirollos for Jackmont and Atlanta
18 Restaurant Partners.
19 THE COURT: Is that everybody?
20 MR. BRANKAMP: I think so.
21 THE COURT: All right.
22 THE STENOGRAPHER: Good morning, Your Honor.
23 There's a court reporter.
24 THE COURT: Good morning.
25 THE STENOGRAPHER: Good morning.
THE COURT: Are you ready to go?
THE STENOGRAPHER: I am.
Thank you.
MR. BRANKAMP: Your Honor, I didn't know how
long you had set aside for this. I think the JA
said a half hour. I don't want to over- --
THE COURT: Oh, no. It's not going to --
there will be some great lawyering if it takes half
an hour. I would rather be right than consistent,
10 but I've consistently ruled -- I see more of these
11 than you think. I see way more of these than I
12 thought I would, where somebody doesn't ask for
13 trial de novo and wants it.
14 My position is that the arbitration order is
15 not a judgment, decree, or other listed document.
16 I think I need to enter judgment and then you file
17 your 1.540.
18 So let's confine our argument to that issue as
19 opposed to the longer issue of whether there is
20 pause to set it aside. So on that -- who disagrees
21 with me on that?
22 I didn't see -- I researched it six months ago
23 and heard arguments two or three times, so that's
24 what I've been doing. But I'd rather be right than
25 onsistent.
MR. BRANKAMP: Your Honor, then I don't want
to fight against what you're saying, so since
you've instructed me to skip over the excusable
neglect argument --
THE COURT: No, I am not ordering you to do
that. I'm ordering you to address my issue
about -- I think 1.540 requires -- I mean, I don't
have it open right now, but it was order, judgment
decree, and I don't think that arbitration award is
10 any one of those things. It's the judgment that
11 you have a problem with. I think that has to be
12 entered pursuant to the self-executing rule, and
13 then you -- you know, I wouldn't prefer you to file
14 the motion again. I would prefer a notice of new
15 filing of it; make sure it's timely; and then set
16 that for hearing. That's what I've been doing.
17 If you've got -- if I'm doing it wrong, tell
18 me. You just saw me get corrected by lawyers who
19 were doing a great job on cert. Every cert I've
20 had out of county action, we've handled that way,
21 so...
22 MR. BRANKAMP: I think that Your Honor is
23 right. And I apologize. I misunderstood you at
24 first.
25 Here's the issue is that, so if and when the
Court in fact enters judgment, we think that
there's a sequence that must be basically followed.
We think that, first of all, that Your Honor
would unseal the arbitration award. If in fact
Your Honor doesn't grant my motions today, that
Your Honor would go ahead and unseal the awards
on -- I think the hearing is set for March 13th,
when I get back from vacation.
Actually, this hearing, Your Honor, was set at
10 the insistence of plaintiff's counsel. He wanted
11 my motion for relief heard today, and he said that
12 in exchange for that, he would not have any of his
13 motions heard today. But I did notice that in
14 responding to my motion, they tried to seek relief
15 at the end there to, you know, execute judgment --
16 or to enter judgment against Hooters today and
17 unseal the award and all of this kind of stuff
18 today, but that was part of our stipulation, that
19 that stuff was not going to be heard today. I've
20 got it in an e-mail where they said that they were
21 not going to have their motion heard today, just
22 mine.
23 But as far as this, Your Honor, we've -- we've
24 tried to throw out in front of Your Honor this
25 1.540 in my affidavits and the evidence of the
excusable neglect because we wanted =
THE COURT: Sir, I don't need to it. Let me
hear from the other lawyers on this one very
specific point. I think you're out of order. And
I don't mean you personally. I mean, I think we
have the case out of order. So let's just talk
about -- I've got -- You're not arguing about --
MR. BRANKAMP: That's where I'm going.
THE COURT: Well, let me just hear from Mr. co
10 I don't know why you need to argue it if you say --
11 if you don't agree with me, give me some authority
12 about why I got it wrong.
13 MR. BRANKAMP: I agree with you.
14 THE COURT: Okay. So let me hear from
15 Mr. Spivey next.
16 Go ahead, Mr. Spivey.
17 MR. SPIVEY: Judge, I agree with you. I know
18 you read the pleadings, and I filed a response. I
19 agree with you. I think the issue is we're
20 entitled to judgment. It says it “shall be
21 entered." There's case law. The Gambrel
22 v Sampson, 330 So.3d 114.
23 So the short answer is I agree with you, and I
24 don't want to waste the Court's time with the
25 majority of the argument, obviously, pertains to
their allegation of excusable neglect if you feel
that should be reserved for another day.
THE COURT: Yeah, I think we need it one step
MR. BRANKAMP: Yeah. Forgive me. That's what
I was going to point out to Your Honor and show the
Court the case law that basically says that.
THE COURT: Okay. Counsel want to be heard?
Other defendants‘ counsel want to be heard?
10 MS. KIROLLOS: Nothing from me, Your Honor.
11 MS. GERLICH: Same, Your Honor.
12 THE COURT: Okay. All right. So if I can
13 have Hooters' counsel prepare an order that says
14 i Or thet we
16 and Vi
‘motion.
18 And let me just tell you, since we got a free
19 minute here together, the Gambrel versus Sampson
20 case, I read that case, and I was like, oh, that's
21 very clear. If you go back and read that case and
22 the footnote and all the other cases, I don't think
23 it stands for what plaintiff says it does in
24 paragraph 5. I -- there is clearly an excusable
25 neglect exception. The other case law in the
different districts clearly says that. And when I
read Gambrel -- when I first read it, I thought it
said no excusable neglect, but if you read it -- I
think it's Judge Lucas, but I'm not sure.
I just remember being struck by -- but then
he's saying, well, it wasn't raised below. So I
don't think that's the holding of the case and I
don't think he said that. So when we come back two
different motions from now or two more stages or
10 steps from now, be ready to address that because I
11 don't think that -- I thought that's what the case
12 said, but then when I went and read -- somebody
13 gave me all the other case law in the districts
14 about it, and it's not inconsistent with the other
15 districts. It's -- he definitely said that. I'm
16 not sure why he said that, but it's not the holding
17 of the case. So be prepared to address that. Not
18 today, but when we come back two stages from now.
19 Okay?
20 MR. BRANKAMP: Okay.
21 MR. SPIVEY: Okay. Your Honor.
22 THE COURT: Simple order for today, and a lot
23 more thinking and writing later.
24 MR. BRANKAMP: Who is going to prepare that?
25 You instructed someone.
10
THE COURT: You.
MR BRANKAMP: Thank you. I'11 --
THE COURT: It's your motion.
MR BRANKAMP: Thank you, Your Honor. I'11 do
that.
THE COURT: Just denied without prejudice.
MR. BRANKAMP: Understood.
Thank you.
THE COURT: You're welcome.
10 All right. Everybody take care.
11 Thank you.
12 MR. SPIVEY: Thank you.
13 MS. GERLICH: Thank you, Your Honor.
14 (Thereupon, the remote hearing proceedings
15 concluded at 9:46 a.m.)
16
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11
COURT CERTIFICATE
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I, Colette Jackson, State of Florida at
Large, certify that I was authorized to and did
10 stenographically report the foregoing proceedings and
11 that the transcript is a true and complete record of my
12 stenographic notes.
13
14 Dated this 3rd day of March, 2023.
15
16
17
18 a
COLETTE JACKSON
19
20
21
22
23
24
25
Filing # 167715288 E-Filed 02/28/2023 02:15:33 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE,
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
/
NOTICE OF FILING AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF
PORT CHARLOTTE, INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE,
DECISION, ARBITRATION AWARD, AND/OR ORDER,
AND FOR EXTENSION OF TIME
Defendant, HOOTERS OF PORT CHARLOTTE, INC. (“HPC”), by and through its
undersigned counsel, hereby gives notice of filing the attached Affidavit in support of HPC’s Motion
for Relief from Judgment, Decree, Decision, Arbitration Award, and/or Order, and for Extension of
Time, dated February 28, 2023.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
electronic mail on this 28" day of February, 2023 to: All Counsel of Record on the Attached
Service List.
RITTER CHUSID, LLP
Counsel for Defendant, HOOTERS OF PORT
CHARLOTTE, INC.
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210
By 4s/_ Joshua W._Brankamp
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mchusid@ritterchusid.com
Joshua W. Brankamp, Esq.
Florida Bar No.: 31315
jbrankamp@ritterchusid.com
Michael Rubin, Esq.
Florida Bar No.: 1027903
mrubin@ritterchusid.com
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
2
SERVICE LIST
CASE NO.: 21-000410-CA
Randall L. Spivey, Esq.
Spivey Law Firm, Personal Injury Attorneys, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
Tel: 239-337-7483
Fax: 239-337-7484
andall@spiveylaw.com
Counsel for Plaintiff
Howard William Holden, Esq.
Luks Santaniello, et al.
1422 Hendry Street, 3" Floor
Fort Myers, Florida 33901
Tel: 239-561-2828
Fax: 239-561-2841
hholden@Is-law.com
Counsel for BWR North Port, LLC
T.R. Unice Jr., Esq.
Unice, Salzman, Jensen, P.A.
1815 Little Road
Trinity, FL 34655
Tel: 727-723-3772
ervice@unicesalman.com
Counsel for Mark Barcia
Yasmine Kirollos, Esq.
Conroy Simberg
12730 New Brittany Blvd., Suite 300
Fort Myers, FL 33907
Tel: 239-337-1101
ykirollos@conroysimberg.com
Counsel for Jackmont Hospitality, Inc. and Atlanta
Restaurant Partners, LLC d/b/a TGI Fridays
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
3
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE COUNTY, FLORIDA
VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA
of the Estate of DAVID B. FLICK, Deceased,
Plaintiff,
Vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE,
INC., BWR NORTH PORT, LLC d/b/a BUFFALO
WINGS AND RINGS, ATLANTA RESTAURANT
PARTNERS, LLC d/b/a TGI FRIDAYS, AND
JACKMONT HOSPITALITY, INC. d/b/a TGI
FRIDAYS,
Defendants.
/
AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT CHARLOTTE,
INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION
ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME
BEFORE ME the undersigned authority personally appeared, Joshua W. Brankamp, who
after being duly sworn deposed and said that the following is true and correct based on his own
personal knowledge:
1 Tam ajunior partner at the law firm of Ritter Chusid, LLP (“Ritter Chusid”) and have
personal knowledge of the facts attested to in this Affidavit.
2. On February 27, 2023, I, on behalf of Defendant, Hooters of Port Charlotte, Inc.
(“HPC”), prepared and finalized HPC’s Motion for Trial De Novo to reject the Arbitration Award
against HPC in the above-styled action.
3 On February 27, 2023, I, on behalf of HPC, was authorized and fully intended to
formally file and serve HPC’s Motion for Trial De Novo on February 27, 2023, and in fact began
the process of uploading the Motion to the Florida Courts E-filing Portal (the "Portal") during the
early afternoon of February 27, 2023.
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
4 On February 27, 2023, the finalized Motion for Trial De Novo sat, downloaded, in
the Portal's queue for hours waiting for me to click the submit button. However, I had accidentally
and inadvertently failed to complete the submission/filing process in the Portal due to becoming
distracted and preoccupied with other litigation matters and work-related preparations for a
longstanding, pre-paid, week-long, out-of-state, family vacation scheduled to commence early on
the morning of March 4, 2023.
5 Attached as Exhibit “A” is a true and accurate copy of an e-mail receipt/verification
for the pre-paid vacation, with redactions to confidential information only, indicating that the room
in West Virginia is booked for March 5, 2023 through March 10, 2023.
6 Notwithstanding the pre-paid, longstanding vacation, I have numerous important
litigation events scheduled to take place, and for which I am responsible for preparing others to
attend (to the extent they can not attend, I will be attending remotely while on vacation), between
February 28, 2023 and the end of the vacation (including, but not limited to, (i) an important
Mediation in a lawsuit where the damages are alleged to be tens of millions of dollars, (ii) no fewer
than four (4) depositions, (iii) a Calendar Call, and (iv) a Case Management Conference), the
preparations for which distracted and preoccupied me from completing the filing of the Motion for
Trial De Novo prior to midnight on February 27, 2023.
7. Attached as composite Exhibit "B" are true and accurate copies of some of the
Notices relating to the above-referenced litigation events.
8 At about 3:00 A.M. on February 28, 2023, I abruptly awoke to the realization that the
filing of the Motion for Trial De Novo had not been completed on February 27, 2023 and, after
changing the date on the Motion for Trial De Novo to reflect that it was three (3) hours past
midnight, completed the filing of the Motion at 3:14 A.M. on February 28, 2023, The Motion for
Trial De Novo was filed no more than three (3) hours and fifteen minutes after the midnight
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 « CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210
2
deadline.
9 The reason for the three (3)-hour delay was my absorption in, and distraction and
preoccupation by, the above-referenced preparations for upcoming litigation events scheduled to
occur during the vacation where I know from past experience intemet connectivity can at times be
spotty and of poor quality making my preparations ahead of time all the more important.
10. The week-long, pre-paid vacation is a unique, irregular, and extremely unusual
undertaking for me, my preparations for which I am certain resulted in the three (3)-hour delay. To
the best of my recollection, I have only taken one other vacation of that duration in the last fifteen
(15) years.
Joshua W/ Bra amp
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of physical presence, this
aL day of tébwary 2023, by Joshua W. Brankamp, who (select one)
7_ is Personally Known or Produced as Identification.
9
/Xhus And, ¢__—_~
Gignature of oe Public - State of Florida)
Denise Rosenbusch
(Print, Type, or Stamp Commissioned Name of Notary Public)
Zs DENISE ROSENBUSCH
Commission # GG 367763
Expires December 15, 2023
ded Thru Troy Fain Insurance 800-385-7019
RITTER CHUSID, LLP, ATTORNEYS AT LAW
HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 « FAX 954-340-2210
3
To:
Fw: New Snowshoe Mountain | Skt Resort in West Virginia Itinerary (38399269)
‘Tuesday, February 28, 2023 12:20:10 PM
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|@yahoo. com*| |@yahoo.com>
nt , October 2, 20: PM EDT
‘Subject: New Snowshoe Mountain | Ski Resort in West Virginia Itinerary (38399269)
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Guest Information:
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49th Court
Coral Springs, FL 33067
a jahoo.com
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rentals, and 20% on lift tickets during your stay. Treat yourself to ultimate Snowshoe savings and let the countdown to winter
begin. We'll see you on the mountain. **In the fields above, ages are categorized as: Adults (13-74) and Children (5-12)"*
*Please Note! Lodging and Products will default to the least expensive option. If you want to modify an item in your package
you must use the blue change button located to the right of each item title.* *Blackout Dates: December 26,2022 - December
31, 2022 January 13, 2023 - January 15, 2023 February 17, 2023 - February 19, 2023 This offeris based on availability and
cannot be coinbined with other offers or promotions, other restrictions may apply. Offer is not redeemable for cash and is
limited to one use per customer. This offer is valid for stays between November 23, 2022 and March 27, 2023 and is based on
at least 2 consecutive night stays at any participating Snowshoe Classic managed vacation rental property. 3 Nights are
required for Brigham designation. Deposit and cancellation policies apply. Must purchase lodging to unlock rental and lift ticket
discount. Select Brigham’s are excluded from discount. Guest can only book lift tickets, at the guaranteed lowest price, for the
dates for which they already have lodging reservations. Lift tickets available for discounted price equals lodging reservation
‘max capacity multiplied by the length of stay. if lodging is cancelled tickets are nonrefundable and discount is void. For
example, if a guest is staying in a room that sleeps up to 4 people for 3 nights, 12 discounted fift tickets days are available for
booking -i.e. 4 3-day tickets = 12 days. Any additional lift tickets wil! not be sold at this time.
Itinerary
CONFIRMED
Flurry
of Savings
Brigham Collection Confirmation: 38399269. 1
(1) Allleghen springs #234
- Brigham One Jedroom ondo
Check In: 03/05/2023
Check Out: 03/10/2023
Adults: 2
Children: 4
Ages:
County Hotel/Motel Tax
Departure Clean
Facility Fee
Resort District Surcharge
Resort Fee
State/Regional Tax
Total
USD
Price =z
Taxes/Fees
Total USD
Package Savings
Payments
10/02/2022 VI XXXX-XXXK-XXXX:
TOTAL PAID USD
= a
Upcoming Payments Due for Confirmed Items
10/02/2022 $0.00
=
02/19/2023 Sa
‘Snowshoe Mountain | Ski Resort in West Virginia
P.O. Box 10, 10 Spawahon Drive
Brigham Collection
10 Snowshoe Drive
‘Snowshoe, WV 26209
Policies:
Brigham Collection
‘General Policy: Snowshoe tries to honor all special requests, but cannot guarantee specific unit numbers, locations, views, sleeping arrangements,
etc. due to maintenance issues or owner requests.
eee
Real Estate- Leam about owning property at Snowshoe Mountain or in the surrounding area. There are over 200 propertieson he marketat
‘Snowshoe and we can certainly find you a pieceof the mountain to call your own. Discover the many benefits of being a homeowner at Snowshoe.
To schedule a real estate tour or request information priorto your arrival please go to www snowshoemountainhomes.com.
Preview
Filing # 170233154 E-Filed 04/03/2023 04:28:28 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA. of the Estate of DAVID B. FLICK, Deceased, Plaintiff, vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. / NOTICE OF FILING HOOTERS OF PORT CHARLOTTE, INC. (“Hooters”), by and through its undersigned counsel, hereby files the following in support of its RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION TO UNSEAL ARBITRATION AWARD AND FOR ENTRY OF FINAL JUDGMENT AS TO DEFENDANTS, AND HOOTERS’ MOTION TO STAY EXECUTION, and for consideration at the special set hearing scheduled for 4/4/2023 at 1:30 p.m.: Transcript of March 3, 2023 Hearing; AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION, ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME; DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION, ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME; DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S SUPPLEMENTAL BRIEF, EVIDENCE, AND LEGAL AUTHORITY IN SUPPORT OF ITS MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION, ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 3rd day of April, 2023, a true and correct copy of the foregoing was filed with the Clerk by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal System on the attached Service List. RITTER CHUSID, LLP Counsel for Defendant, Hooters of Port Charlotte, Inc. 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 By 4s/ Joshua Brankamp Mitchel Chusid, Esq. Florida Bar No.: 879282 mchusid@ritterchusid.com Joshua Brankamp, Esq. Florida Bar No.: 31315 jbrankamp@ritterchusid.com Michael Rubin, Esq. Florida Bar No.: 1027903 mrubin@ritterchusid.com RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 SERVICE LIST CASE NO.: 21-000410-CA Randall L. Spivey, Esq. Spivey Law Firm, Personal Injury Attorneys, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 Tel: 239-337-7483 Fax: 239-337-7484 andall@spiveylaw.com Counsel for Plaintiff Howard William Holden, Esq. Luks Santaniello, et al. 1422 Hendry Street, 3 Floor Fort Myers, Florida 33901 Tel: 239-561-2828 Fax: 239-561-2841 hholden@Is-law.com Counsel for BWR North Port, LLC Jeffrey D. Jensen, Esq. T.R. Unice, Jr., Esq. Unice Salzman Jensen, P.A. South State Bank Building, 2" Floor 1815 Little Road Trinity, Florida 34655 Tel: 727-723-3772 Fax: 727-723-1421 ervice@unicesalzman.com jjensen@unicesalzman.com siller@unicesalzman.com dcantwell@unicesalzman.com Counsel for Mark Barcia RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 Cristobal A. Casal, Esq. Yasmine Kirollos, Esq. Conroy Simberg 12730 New Brittany Boulevard, Suite 300 Fort Myers, Florida 33907 Tel: 239-337-1101 Fax: 239-334-3383 eserviceftm@conroysimberg.com ccasal@conroysimberg.com ykirollos@conroysimberg.com hbullen@conroysimberg.com Counsel for Jackmont Hospitality, Inc. W/b/a TGI Fridays and Atlanta Restaurants Partners RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21-000410-CA VENISSA DRIGGERS, as Personal Representative of the Estate of DAVID B. FLICK, Deceased, Plaintiff, -vs- MARK BARCIA, HOOTERS OF PORT CHARLOTTE INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC 10 d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, 11 Defendants. 12 ee 13 TRANSCRIPT OF HEARING PROCEEDINGS 14 DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S 15 MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION, ARBITRATION AWARD, AND/OR ORDER AND FOR EXTENSION OF TIME 16 (Pages 1- 11) 17 18 DATE TAKEN: Friday, March 3, 2023 TIME: 9:30 a.m. - 9:46 a.m. 19 PLACE: Remote via Zoom BEFORE: Geoffrey Gentile, Circuit Judge 20 21 22 23 This cause came on to be heard at the time and place aforesaid, when and where the following 24 proceedings were stenographically reported by: 25 COLETTE JACKSON, Court Reporter (JOB NO. 300876) APPEARANCES (All appearing remotely via Zoom): On behalf of the Plaintiff: SPIVEY LAW FIRM, PERSONAL INJURY ATTORNEYS, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 (239) 337-7483 BY: RANDALL L. SPIVEY, ESQUIRE randal1l@spiveylaw.com On behalf of the Defendant/Hooters of Port Charlotte, Inc.: RITTER CHUSID, LLP 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 (954) 340-2200 10 BY: JOSHUA BRANKAMP, ESQUIRE jbrankamp@ritterchusid.com 11 12 On behalf of the Defendant/Mark Barcia: 13 UNICE SALZMAN JENSEN, P.A. South State Bank Building, 2nd Floor 14 1815 Little Road Trinity, Florida 34655 15 (727) 723-3772 BY: VANESSA GERLICH, ESQUIRE 16 vgerlich@unicesalzman.com 17 On behalf of the Defendants/Atlanta Restaurant Partners, 18 LLC and Jackmont Hospitality, Inc.: 19 CONROY SIMBERG 12730 New Brittany Boulevard, Suite 300 20 Fort Myers, Florida 33907 (239) 337-1104 21 BY: YASMINE KIROLLOS, ESQUIRE ykirollos@conroysimberg.com 22 23 24 25 Thereupon, the following proceedings began remotely via Zoom at 9:39 a.m.: THE COURT: Driggers. Let's have appearances, starting with the plaintiff. MR. BRANKAMP: Your Honor -- oh, forgive me. You said plaintiff. MR. SPIVEY: Good morning, Your Honor. Randall Spivey. I represent the Estate of David 10 Flick. 11 MR. BRANKAMP: And good morning, Your Honor. 12 Josh Brankamp here on behalf of Hooters of Port 13 Charlotte, Inc. 14 MS. GERLICH: Good morning, Your Honor. 15 Vanessa Gerlich here on behalf of Mark Barcia. 16 MS. KIROLLOS: Good morning, Your Honor. 17 Yasmine Kirollos for Jackmont and Atlanta 18 Restaurant Partners. 19 THE COURT: Is that everybody? 20 MR. BRANKAMP: I think so. 21 THE COURT: All right. 22 THE STENOGRAPHER: Good morning, Your Honor. 23 There's a court reporter. 24 THE COURT: Good morning. 25 THE STENOGRAPHER: Good morning. THE COURT: Are you ready to go? THE STENOGRAPHER: I am. Thank you. MR. BRANKAMP: Your Honor, I didn't know how long you had set aside for this. I think the JA said a half hour. I don't want to over- -- THE COURT: Oh, no. It's not going to -- there will be some great lawyering if it takes half an hour. I would rather be right than consistent, 10 but I've consistently ruled -- I see more of these 11 than you think. I see way more of these than I 12 thought I would, where somebody doesn't ask for 13 trial de novo and wants it. 14 My position is that the arbitration order is 15 not a judgment, decree, or other listed document. 16 I think I need to enter judgment and then you file 17 your 1.540. 18 So let's confine our argument to that issue as 19 opposed to the longer issue of whether there is 20 pause to set it aside. So on that -- who disagrees 21 with me on that? 22 I didn't see -- I researched it six months ago 23 and heard arguments two or three times, so that's 24 what I've been doing. But I'd rather be right than 25 onsistent. MR. BRANKAMP: Your Honor, then I don't want to fight against what you're saying, so since you've instructed me to skip over the excusable neglect argument -- THE COURT: No, I am not ordering you to do that. I'm ordering you to address my issue about -- I think 1.540 requires -- I mean, I don't have it open right now, but it was order, judgment decree, and I don't think that arbitration award is 10 any one of those things. It's the judgment that 11 you have a problem with. I think that has to be 12 entered pursuant to the self-executing rule, and 13 then you -- you know, I wouldn't prefer you to file 14 the motion again. I would prefer a notice of new 15 filing of it; make sure it's timely; and then set 16 that for hearing. That's what I've been doing. 17 If you've got -- if I'm doing it wrong, tell 18 me. You just saw me get corrected by lawyers who 19 were doing a great job on cert. Every cert I've 20 had out of county action, we've handled that way, 21 so... 22 MR. BRANKAMP: I think that Your Honor is 23 right. And I apologize. I misunderstood you at 24 first. 25 Here's the issue is that, so if and when the Court in fact enters judgment, we think that there's a sequence that must be basically followed. We think that, first of all, that Your Honor would unseal the arbitration award. If in fact Your Honor doesn't grant my motions today, that Your Honor would go ahead and unseal the awards on -- I think the hearing is set for March 13th, when I get back from vacation. Actually, this hearing, Your Honor, was set at 10 the insistence of plaintiff's counsel. He wanted 11 my motion for relief heard today, and he said that 12 in exchange for that, he would not have any of his 13 motions heard today. But I did notice that in 14 responding to my motion, they tried to seek relief 15 at the end there to, you know, execute judgment -- 16 or to enter judgment against Hooters today and 17 unseal the award and all of this kind of stuff 18 today, but that was part of our stipulation, that 19 that stuff was not going to be heard today. I've 20 got it in an e-mail where they said that they were 21 not going to have their motion heard today, just 22 mine. 23 But as far as this, Your Honor, we've -- we've 24 tried to throw out in front of Your Honor this 25 1.540 in my affidavits and the evidence of the excusable neglect because we wanted = THE COURT: Sir, I don't need to it. Let me hear from the other lawyers on this one very specific point. I think you're out of order. And I don't mean you personally. I mean, I think we have the case out of order. So let's just talk about -- I've got -- You're not arguing about -- MR. BRANKAMP: That's where I'm going. THE COURT: Well, let me just hear from Mr. co 10 I don't know why you need to argue it if you say -- 11 if you don't agree with me, give me some authority 12 about why I got it wrong. 13 MR. BRANKAMP: I agree with you. 14 THE COURT: Okay. So let me hear from 15 Mr. Spivey next. 16 Go ahead, Mr. Spivey. 17 MR. SPIVEY: Judge, I agree with you. I know 18 you read the pleadings, and I filed a response. I 19 agree with you. I think the issue is we're 20 entitled to judgment. It says it “shall be 21 entered." There's case law. The Gambrel 22 v Sampson, 330 So.3d 114. 23 So the short answer is I agree with you, and I 24 don't want to waste the Court's time with the 25 majority of the argument, obviously, pertains to their allegation of excusable neglect if you feel that should be reserved for another day. THE COURT: Yeah, I think we need it one step MR. BRANKAMP: Yeah. Forgive me. That's what I was going to point out to Your Honor and show the Court the case law that basically says that. THE COURT: Okay. Counsel want to be heard? Other defendants‘ counsel want to be heard? 10 MS. KIROLLOS: Nothing from me, Your Honor. 11 MS. GERLICH: Same, Your Honor. 12 THE COURT: Okay. All right. So if I can 13 have Hooters' counsel prepare an order that says 14 i Or thet we 16 and Vi ‘motion. 18 And let me just tell you, since we got a free 19 minute here together, the Gambrel versus Sampson 20 case, I read that case, and I was like, oh, that's 21 very clear. If you go back and read that case and 22 the footnote and all the other cases, I don't think 23 it stands for what plaintiff says it does in 24 paragraph 5. I -- there is clearly an excusable 25 neglect exception. The other case law in the different districts clearly says that. And when I read Gambrel -- when I first read it, I thought it said no excusable neglect, but if you read it -- I think it's Judge Lucas, but I'm not sure. I just remember being struck by -- but then he's saying, well, it wasn't raised below. So I don't think that's the holding of the case and I don't think he said that. So when we come back two different motions from now or two more stages or 10 steps from now, be ready to address that because I 11 don't think that -- I thought that's what the case 12 said, but then when I went and read -- somebody 13 gave me all the other case law in the districts 14 about it, and it's not inconsistent with the other 15 districts. It's -- he definitely said that. I'm 16 not sure why he said that, but it's not the holding 17 of the case. So be prepared to address that. Not 18 today, but when we come back two stages from now. 19 Okay? 20 MR. BRANKAMP: Okay. 21 MR. SPIVEY: Okay. Your Honor. 22 THE COURT: Simple order for today, and a lot 23 more thinking and writing later. 24 MR. BRANKAMP: Who is going to prepare that? 25 You instructed someone. 10 THE COURT: You. MR BRANKAMP: Thank you. I'11 -- THE COURT: It's your motion. MR BRANKAMP: Thank you, Your Honor. I'11 do that. THE COURT: Just denied without prejudice. MR. BRANKAMP: Understood. Thank you. THE COURT: You're welcome. 10 All right. Everybody take care. 11 Thank you. 12 MR. SPIVEY: Thank you. 13 MS. GERLICH: Thank you, Your Honor. 14 (Thereupon, the remote hearing proceedings 15 concluded at 9:46 a.m.) 16 17 18 19 20 21 22 23 24 25 11 COURT CERTIFICATE STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, Colette Jackson, State of Florida at Large, certify that I was authorized to and did 10 stenographically report the foregoing proceedings and 11 that the transcript is a true and complete record of my 12 stenographic notes. 13 14 Dated this 3rd day of March, 2023. 15 16 17 18 a COLETTE JACKSON 19 20 21 22 23 24 25 Filing # 167715288 E-Filed 02/28/2023 02:15:33 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA of the Estate of DAVID B. FLICK, Deceased, Plaintiff, vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. / NOTICE OF FILING AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION, ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME Defendant, HOOTERS OF PORT CHARLOTTE, INC. (“HPC”), by and through its undersigned counsel, hereby gives notice of filing the attached Affidavit in support of HPC’s Motion for Relief from Judgment, Decree, Decision, Arbitration Award, and/or Order, and for Extension of Time, dated February 28, 2023. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail on this 28" day of February, 2023 to: All Counsel of Record on the Attached Service List. RITTER CHUSID, LLP Counsel for Defendant, HOOTERS OF PORT CHARLOTTE, INC. 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 * 954-340-2200 + FAX 954-340-2210 By 4s/_ Joshua W._Brankamp Mitchel Chusid, Esq. Florida Bar No.: 879282 mchusid@ritterchusid.com Joshua W. Brankamp, Esq. Florida Bar No.: 31315 jbrankamp@ritterchusid.com Michael Rubin, Esq. Florida Bar No.: 1027903 mrubin@ritterchusid.com RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 2 SERVICE LIST CASE NO.: 21-000410-CA Randall L. Spivey, Esq. Spivey Law Firm, Personal Injury Attorneys, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 Tel: 239-337-7483 Fax: 239-337-7484 andall@spiveylaw.com Counsel for Plaintiff Howard William Holden, Esq. Luks Santaniello, et al. 1422 Hendry Street, 3" Floor Fort Myers, Florida 33901 Tel: 239-561-2828 Fax: 239-561-2841 hholden@Is-law.com Counsel for BWR North Port, LLC T.R. Unice Jr., Esq. Unice, Salzman, Jensen, P.A. 1815 Little Road Trinity, FL 34655 Tel: 727-723-3772 ervice@unicesalman.com Counsel for Mark Barcia Yasmine Kirollos, Esq. Conroy Simberg 12730 New Brittany Blvd., Suite 300 Fort Myers, FL 33907 Tel: 239-337-1101 ykirollos@conroysimberg.com Counsel for Jackmont Hospitality, Inc. and Atlanta Restaurant Partners, LLC d/b/a TGI Fridays RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 * CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 3 IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA VENISSA DRIGGERS, as Personal Representative CASE NO.: 21-000410-CA of the Estate of DAVID B. FLICK, Deceased, Plaintiff, Vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendants. / AFFIDAVIT IN SUPPORT OF DEFENDANT, HOOTERS OF PORT CHARLOTTE, INC.’S MOTION FOR RELIEF FROM JUDGMENT, DECREE, DECISION ARBITRATION AWARD, AND/OR ORDER, AND FOR EXTENSION OF TIME BEFORE ME the undersigned authority personally appeared, Joshua W. Brankamp, who after being duly sworn deposed and said that the following is true and correct based on his own personal knowledge: 1 Tam ajunior partner at the law firm of Ritter Chusid, LLP (“Ritter Chusid”) and have personal knowledge of the facts attested to in this Affidavit. 2. On February 27, 2023, I, on behalf of Defendant, Hooters of Port Charlotte, Inc. (“HPC”), prepared and finalized HPC’s Motion for Trial De Novo to reject the Arbitration Award against HPC in the above-styled action. 3 On February 27, 2023, I, on behalf of HPC, was authorized and fully intended to formally file and serve HPC’s Motion for Trial De Novo on February 27, 2023, and in fact began the process of uploading the Motion to the Florida Courts E-filing Portal (the "Portal") during the early afternoon of February 27, 2023. RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 4 On February 27, 2023, the finalized Motion for Trial De Novo sat, downloaded, in the Portal's queue for hours waiting for me to click the submit button. However, I had accidentally and inadvertently failed to complete the submission/filing process in the Portal due to becoming distracted and preoccupied with other litigation matters and work-related preparations for a longstanding, pre-paid, week-long, out-of-state, family vacation scheduled to commence early on the morning of March 4, 2023. 5 Attached as Exhibit “A” is a true and accurate copy of an e-mail receipt/verification for the pre-paid vacation, with redactions to confidential information only, indicating that the room in West Virginia is booked for March 5, 2023 through March 10, 2023. 6 Notwithstanding the pre-paid, longstanding vacation, I have numerous important litigation events scheduled to take place, and for which I am responsible for preparing others to attend (to the extent they can not attend, I will be attending remotely while on vacation), between February 28, 2023 and the end of the vacation (including, but not limited to, (i) an important Mediation in a lawsuit where the damages are alleged to be tens of millions of dollars, (ii) no fewer than four (4) depositions, (iii) a Calendar Call, and (iv) a Case Management Conference), the preparations for which distracted and preoccupied me from completing the filing of the Motion for Trial De Novo prior to midnight on February 27, 2023. 7. Attached as composite Exhibit "B" are true and accurate copies of some of the Notices relating to the above-referenced litigation events. 8 At about 3:00 A.M. on February 28, 2023, I abruptly awoke to the realization that the filing of the Motion for Trial De Novo had not been completed on February 27, 2023 and, after changing the date on the Motion for Trial De Novo to reflect that it was three (3) hours past midnight, completed the filing of the Motion at 3:14 A.M. on February 28, 2023, The Motion for Trial De Novo was filed no more than three (3) hours and fifteen minutes after the midnight RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 « CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 + FAX 954-340-2210 2 deadline. 9 The reason for the three (3)-hour delay was my absorption in, and distraction and preoccupation by, the above-referenced preparations for upcoming litigation events scheduled to occur during the vacation where I know from past experience intemet connectivity can at times be spotty and of poor quality making my preparations ahead of time all the more important. 10. The week-long, pre-paid vacation is a unique, irregular, and extremely unusual undertaking for me, my preparations for which I am certain resulted in the three (3)-hour delay. To the best of my recollection, I have only taken one other vacation of that duration in the last fifteen (15) years. Joshua W/ Bra amp STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence, this aL day of tébwary 2023, by Joshua W. Brankamp, who (select one) 7_ is Personally Known or Produced as Identification. 9 /Xhus And, ¢__—_~ Gignature of oe Public - State of Florida) Denise Rosenbusch (Print, Type, or Stamp Commissioned Name of Notary Public) Zs DENISE ROSENBUSCH Commission # GG 367763 Expires December 15, 2023 ded Thru Troy Fain Insurance 800-385-7019 RITTER CHUSID, LLP, ATTORNEYS AT LAW HERON BAY CORPORATE CENTER + 5850 CORAL RIDGE DRIVE, SUITE 201 + CORAL SPRINGS, FLORIDA 33076 + 954-340-2200 « FAX 954-340-2210 3 To: Fw: New Snowshoe Mountain | Skt Resort in West Virginia Itinerary (38399269) ‘Tuesday, February 28, 2023 12:20:10 PM —— Forwarded Message —- From: Snowshoe Reservations |@yahoo. com*| |@yahoo.com> nt , October 2, 20: PM EDT ‘Subject: New Snowshoe Mountain | Ski Resort in West Virginia Itinerary (38399269) "BO NOT REPLYTO THIS EMAIL" CONFIRMED Itinerary ID: 31 This ts an automated email being sent by Inntopia on behalf of "snowshoemitn. Com. Please use the appropriate ‘Contact information no! ‘any questions or comments. Guest Information: Brankamp 49th Court Coral Springs, FL 33067 a jahoo.com Thank you! Your reservation has been received. Please take a moment to review and ensure that all details are correct. If you have any questions, please feel free to contact us at 877.441.4386. We look forward to seeing you at check in and suggest bringing a copy of this confirmation with you. Please do not hesitate to reach out with any questions prior to your arrival. if this is a 4 bedroom or larger this is just a reservation request. It will be aviewed, and someone will get back to you as quickly as possible to review ages and number in your party and to send you a rental agreement. —— Fiurry of Savings , Snowshoes biggest discounts of the winter season are here! Book by October 6, 2022, to save 20% on lodging, 20% on rentals, and 20% on lift tickets during your stay. Treat yourself to ultimate Snowshoe savings and let the countdown to winter begin. We'll see you on the mountain. **In the fields above, ages are categorized as: Adults (13-74) and Children (5-12)"* *Please Note! Lodging and Products will default to the least expensive option. If you want to modify an item in your package you must use the blue change button located to the right of each item title.* *Blackout Dates: December 26,2022 - December 31, 2022 January 13, 2023 - January 15, 2023 February 17, 2023 - February 19, 2023 This offeris based on availability and cannot be coinbined with other offers or promotions, other restrictions may apply. Offer is not redeemable for cash and is limited to one use per customer. This offer is valid for stays between November 23, 2022 and March 27, 2023 and is based on at least 2 consecutive night stays at any participating Snowshoe Classic managed vacation rental property. 3 Nights are required for Brigham designation. Deposit and cancellation policies apply. Must purchase lodging to unlock rental and lift ticket discount. Select Brigham’s are excluded from discount. Guest can only book lift tickets, at the guaranteed lowest price, for the dates for which they already have lodging reservations. Lift tickets available for discounted price equals lodging reservation ‘max capacity multiplied by the length of stay. if lodging is cancelled tickets are nonrefundable and discount is void. For example, if a guest is staying in a room that sleeps up to 4 people for 3 nights, 12 discounted fift tickets days are available for booking -i.e. 4 3-day tickets = 12 days. Any additional lift tickets wil! not be sold at this time. Itinerary CONFIRMED Flurry of Savings Brigham Collection Confirmation: 38399269. 1 (1) Allleghen springs #234 - Brigham One Jedroom ondo Check In: 03/05/2023 Check Out: 03/10/2023 Adults: 2 Children: 4 Ages: County Hotel/Motel Tax Departure Clean Facility Fee Resort District Surcharge Resort Fee State/Regional Tax Total USD Price =z Taxes/Fees Total USD Package Savings Payments 10/02/2022 VI XXXX-XXXK-XXXX: TOTAL PAID USD = a Upcoming Payments Due for Confirmed Items 10/02/2022 $0.00 = 02/19/2023 Sa ‘Snowshoe Mountain | Ski Resort in West Virginia P.O. Box 10, 10 Spawahon Drive Brigham Collection 10 Snowshoe Drive ‘Snowshoe, WV 26209 Policies: Brigham Collection ‘General Policy: Snowshoe tries to honor all special requests, but cannot guarantee specific unit numbers, locations, views, sleeping arrangements, etc. due to maintenance issues or owner requests. eee Real Estate- Leam about owning property at Snowshoe Mountain or in the surrounding area. There are over 200 propertieson he marketat ‘Snowshoe and we can certainly find you a pieceof the mountain to call your own. Discover the many benefits of being a homeowner at Snowshoe. To schedule a real estate tour or request information priorto your arrival please go to www snowshoemountainhomes.com.