MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL 34996 DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 ANNE SCOTT Commissioner, District 3 SARAH HEARD Commissioner, District 4 JOHN HADDOX Commissioner, District 5 October 19, 2016 Telephone: (772) 288-5438 Fax: (772) 288-5439 Email: smaragh@martin.fl.us The Honorable Lawrence M. Mirman Circuit Court Judge Martin County Courthouse 100 East Ocean Blvd., Ste. A371 Stuart, FL 34994 Re: Little Club Condominium Association, et al, v. Martin County, et al Case Number: 2016-AP-000009 Dear Judge Mirman, TARYN KRYZDA, CPM County Administrator MICHAEL D. DURHAM County Attorney Enclosed for your review and consideration, please find a courtesy copy of the Respondent, Martin County s Motion for Clarification of the Order Granting Martin County s Motion for Extension of Time to file its Response Brief which was submitted to the Clerk s Office via the E-Portal System on this day in regard to the case referenced above. Thank you for your attention to this matter. Respectfully submitted, Sangeeta Maragh Legal Assistant to Ruth A. Holmes, Senior Assistant County Attorney TELEPHONE 772-288-5400 WEB ADDRESS http://www.martin.fl.us cc: Amy Taylor Petrick, Esq. via email at: apetrick@llw-law.com & bpennington@llw-law.com Tim B. Wright, Esq. via email at: timwright@wpltrialattorneys.com, cjacques@wpltrialattorneys.com & smitchell@wpltrialattorneys.com Brian Seymour, Esq. and Chris Benvenuto, Esq. via email at: bseymour@gunster.com cbenvenuto@gunster.com, alackey@gunster.com & eservice@guster.com 1 of 11 leg2017l5.docx
Filing # 47831277 E-Filed 10/19/2016 03:13:34 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA APPELLATE DIVISION LITTLE CLUB CONDOMINIUM ASSOCIATION, et al., Case No. 2016-AP-000009 v. Petitioners MARTIN COUNTY, et al., Respondents / MOTION FOR CLARIFICATION OF THE ORDER GRANTING MARTIN COUNTY S MOTION FOR EXTENSION OF TIME TO FILE ITS RESPONSE BRIEF COMES NOW, Defendant, Martin County (the County ), by and through undersigned counsel and files this Motion for Clarification of the Order Granting Extension of Time to file the Response Brief to Plaintiffs Petition for Certiorari and states the following: 1. On October 13, 2016, the County filed an Unopposed Motion for Extension of Time (the Motion ) to serve its Response Brief in this matter. The reasons for the request were outlined in the Motion, which is attached hereto as Exhibit A. 2. By filing the Motion well in advance of the deadline, the County was attempting to be proactive in light of the amount of work involved in preparing its Response Brief, and recent circumstances affecting the work effort. 3. In the Motion, the County requested two weeks past the original deadline of October 24, 2016 by which to file its Response Brief and provided a date certain to serve the Response Brief to which all parties agreed. 1 2 of 11
4. The date certain was identified as November 7, 2016. 5. The County submitted a Proposed Order that identified the November 7, 2016 date, as agreed to by the parties. The Proposed Order is attached hereto as Exhibit B. 6. On October 18, 2016 this Court issued its Order granting the County s request for a two week extension. The October 18, 2016 Order is attached hereto as Exhibit C. However, the Order only provided two weeks from the date of the Order or November 1, 2016, thereby actually only providing a one week extension. 7. With this Motion, the County is respectfully seeking clarification on whether the Court intended to grant only a one week extension or whether the Court would be inclined to grant a two week extension as requested and agreed to by the parties as set forth in Exhibit A. WHEREFORE, the County respectfully requests the Court enter an Order clarifying the length of time extension from the deadline to file its Response Brief, which the County requests to be identified as November 7, 2016. Respectfully Submitted, MICHAEL D. DURHAM COUNTY ATTORNEY /s/ Ruth A. Holmes Ruth A. Holmes Senior Assistant County Attorney (Florida Bar No. 0118915) Martin County Administrative Center 2401 SE Monterey Road Stuart, FL 34996-3322 Telephone: (772) 419-6973 Facsimile: (772) 288-5439 Primary Email: rholmes@martin.fl.us Secondary Email: LegalEsvc@Martin.fl.us Martin County s Motion for Clarification 2016AP000009 2 3 of 11
Amy Taylor Petrick Florida Bar No. 0315590 Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Telephone: (561) 640-0820 Facsimile: (561) 640-0202 Primary Email: apetrick@llw-law.com Secondary Email: bpennington@llw-law.com Co-Counsel for Respondent, Martin County CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing has been furnished via electronic mail on this 19 th day of October, 2016 to: Tim B. Wright, Esq. Wright, Ponsoldt & Lozeau, Trial Attorneys, L.L.P 1002 SE Monterey Commons Blvd., Suite 100 Stuart, FL 34996 Phone: 772-286-5566 Facsimile: 772-286-9102 Email: timwright@wpltrialattorneys.com cjacques@wpltrialattorneys.com smitchell@wpltrialattorneys.com Counsel for Petitioners Brian Seymour, Esq. Chris Benvenuto, Esq. Gunster, Yoakley & Stewart, P.A. 777 S. Flagler Dr., Ste. 500 East West Palm Beach, FL 33401-6194 Phone: 561-650-0701 Facsimile: 561-655-5677 Email: bseymour@gunster.com cbenvenuto@gunster.com alackey@gunster.com eservice@gunster.com Counsel for Co-Respondents Martin County s Motion for Clarification 2016AP000009 3 4 of 11
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