Friday, November 12, 2010
Our Attorney Is Trying
8:19 PM |
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The judges office came up with four dates for a hearing in December but Karno's Attorney Allen Bobo is not available. The next available dates are in March. An unhappy situation over which we have no control.
Thursday, October 21, 2010
Slow & Painful Progress
8:23 PM |
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Though the latest communication from our attorneys isn’t earth shaking, it does indicate there some movement with the defense attorney agreeing with one of the last bones of contention with respect to the production of documents, which should lead the way to proceeding to obtain a date for the hearing on the valuation of our Park.
Friday, August 6, 2010
Judge Makes Important Decision
8:24 PM |
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As you may recall, we have had a third lawsuit hanging fire for several years regarding all the harassment's and rent increases we have been subjected to since Karno took over control of Naples Estates. The judge made a motion to dismiss the case for lack of record activity. This matter was handled by a telephonic hearing between Mr. Stanton and Judge Hayes. Mr. Stanton produced record activity and also filed a Motion to Abate the case pending resolution of the purchase case. The court agreed and granted our motion. That case will then be heard after we win our case to purchase our park.
Mr. Stanton also filed a motion to compel the defense to provide the information required by the judge's last hearing and to sent date to determine the purchase price. We expect to hear further on this matter very soon.
Mr. Stanton also filed a motion to compel the defense to provide the information required by the judge's last hearing and to sent date to determine the purchase price. We expect to hear further on this matter very soon.
Tuesday, July 27, 2010
Request For Hearing
8:25 PM |
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While this update isn’t exactly what we would like, it shows that our attorneys are doing all they can to bring this matter to a conclusion. On July 21st, Attorney A.J. Stanton wrote to Judge Hayes advising him of defendant’s failure to produce documents in connection with the judge’s previous orders after repeated attempts to get opposing counsel to perform but to no avail. Our attorney, A.J. Stanton, filed (1) a Motion to Compel production of those documents, (2) award of attorneys fees and (3) request for an emergency hearing supported by 28 pages of supporting documents, (4) that the court set a date for a hearing to establish the sale price of the Park.
Tuesday, May 11, 2010
Comments On Management "Truth" Newsletter
8:26 PM |
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Some residents may have been either DISTURBED or PERTURBED by management’s threat in their article on Rental Amounts in the May Issue of the "Truth" that if you didn't pay their either 641.88 or $651.88 amounts plus a water surcharge of $3.74 that you would have to come up with the difference between what you have been paying and the above amount ----IF THEY WIN THE CASE.
If you came into the park and signed a contract to pay the higher amount, you are probably liable for that amount IF THEY WIN THEIR CASE and we lose our right to buy our park. (We have already been granted the right to buy). Please understand this is another SCARE TACTIC being used by management to increase their income and to continue their many years of continued harassment of the residents. Our attorneys are confident that no judge will allow an eviction because the residents have been given the right to buy our park and no judge will allow the rent case to proceed without taking into consideration the purchase case and the rights of the residents. Even if a separate action is filed, we would ask the judge to abate the action pending resolution of the circuit court rent and purchase cases. There is no need to go out and hire an attorney, especially since there is little likelihood that they will spend the money to start more that 450 lawsuits.
By the way, our prospectus with the park calls for water charges to be included in our rent, thus, no matter what happens, you will not be liable for these extra water charges.
If you came into the park and signed a contract to pay the higher amount, you are probably liable for that amount IF THEY WIN THEIR CASE and we lose our right to buy our park. (We have already been granted the right to buy). Please understand this is another SCARE TACTIC being used by management to increase their income and to continue their many years of continued harassment of the residents. Our attorneys are confident that no judge will allow an eviction because the residents have been given the right to buy our park and no judge will allow the rent case to proceed without taking into consideration the purchase case and the rights of the residents. Even if a separate action is filed, we would ask the judge to abate the action pending resolution of the circuit court rent and purchase cases. There is no need to go out and hire an attorney, especially since there is little likelihood that they will spend the money to start more that 450 lawsuits.
By the way, our prospectus with the park calls for water charges to be included in our rent, thus, no matter what happens, you will not be liable for these extra water charges.
Monday, May 10, 2010
Depositions Heard On April 8th & 9th
8:28 PM |
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There is little to report except that the depositions of the two appraisers were given and the amounts were about $5,000,000 apart with management's appraiser being the higher number. Our appraiser came in at about $11,600,000. Now it is up to the judge to decide on which one to accept and to schedule a hearing to give us his decision.
Wednesday, March 24, 2010
Depositions Schedule For April 8th & 9th
8:29 PM |
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Not much has occurred on our lawsuit other than the usual delays but there will be depositions of our appraiser on April 8 in the offices of Alan Bobo in Sarasota. The deposition of the appraiser representing Karno will take place at the same location on April 9. Though no hearing date has yet been scheduled, it is expected it should follow soon.
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