Agenda 5/23/2023 Item #16K4 (Settlement Agreement between BCC V. Elizabeth McGuire)16. K.4
05/23/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the lawsuit
styled Collier County Board of County Commissioners v. Elizabeth McGuire, (Case No. 23-SC-881), now
pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the
sum of $2,102.19
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by the Board of County
Commissioners against Elizabeth McGuire.
CONSIDERATIONS: This lawsuit arises out of an accident that occurred on February 23, 2022, when a Collier
County Ford truck was struck by a 2020 Lincoln driven by Elizabeth McGuire. The accident was witnessed by
Detective Brenden Fahey of the Collier County Sheriff's Office who subsequently responded to the accident and
found Elizabeth McGuire at fault for the accident.
Despite repeated pre -suit demands, Elizabeth McGuire's insurance carrier, Allstate Fire & Casualty Insurance
Company, refused to provide coverage for the County's damages and the County was forced to file a lawsuit. The
County incurred damages in the amount of $1,860.79 and litigation costs of $241.40. After the filing of the lawsuit,
Allstate Fire & Casualty Insurance Company, on behalf of its insured, requested to settle the lawsuit for the full
value of the property damage and the County's litigation costs.
The County Attorney and the Risk Management Director recommend that the Board approve this settlement as the
County will be reimbursed for the full value of the damage.
FISCAL IMPACT: Execution of the agreement will result in a payment to the County of $2,102.19 for damages
and litigation costs.
C UWAVMI:IUVEVET"0lU1oleo81uIVETOIll•oC W
LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney, is approved as
to form and legality and requires majority vote for approval. -CAK
RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to
execute the Settlement Agreement for the total sum of $2,102.19 in the lawsuit styled Collier County Board of
County Commissioners v. Elizabeth McGuire, (Case No. 23-SC-881), now pending in the County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
ATTACHMENT(S)
1. initialed release -McGuire (PDF)
2. Summons Notice to Appear for Pretrial Conference and Complaint -McGuire (PDF)
Packet Pg. 1189
16. K.4
05/23/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4
Doc ID: 25313
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Collier County Board of County Commissioners v. Elizabeth McGuire, (Case No. 23-SC-881), now
pending in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of
$2,102.19
Meeting Date: 05/23/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
04/19/2023 10:22 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
04/ 19/2023 10:22 AM
Approved By:
Review:
Risk Management
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Michael Quigley
Additional Reviewer
Colleen Kerins
Additional Reviewer
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed 05/16/2023 11:30 AM
Completed 05/16/2023 12:55 PM
Completed 05/16/2023 1:04 PM
Completed 05/16/2023 1:09 PM
Completed 05/16/2023 2:04 PM
Completed 05/17/2023 4:34 PM
05/23/2023 9:00 AM
Packet Pg. 1190
Claim No: 0660217472.2
16.K.4.a
RELEASE
(PROPERTY DAMAGE ONLY)
The undersigned, Collier County Board of County Commissioners, for and in consideration of
the sum of Two Thousand One Hundred and Two Dollars and Nineteen Cents ($2,102.19), does hereby
release and discharge Elizabeth McGuire, her heirs, executors, administrators and agents of and from
any obligation, liability or responsibility arising out of its Property Damage claim arising out of an
accident that occurred on or about February 23, 2022, at or near Collier County, Florida. In
consideration of the resolution of all disputes or claims arising from or referring or relating in any way,
whether directly or indirectly, to the Lawsuit, receipt and adequacy of which is hereby acknowledged by
Plaintiff, Plaintiff agrees to dismiss the Lawsuit, Collier County Board of County Commissioners, v.
Elizabeth McGuire, 23-SC-881 with Prejudice.
It is understood and agreed that this settlement is the compromise of a doubtful and disputed
claim and that the payment made is not to be construed as an admission of liability on the part of the
parties hereby released and that said releases deny liability thereof and intend merely to avoid litigation
and buy their piece. In the event of an alleged breach of this Agreement, Plaintiff and Elizabeth
McGuire agree that all underlying causes of action or claims of Plaintiff have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of
the terms and conditions of this Agreement. In this regard, the parties further agree that the sole venue
for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida.
The undersigned further declares that no promise, inducement or agreement not herein expressed
has been made to the undersigned; and that this Release contains the entire agreement between the
parties hereto, and that the terms of this Release are contractual and not a mere recital.
The undersigned acknowledges that he/she has read this Release and understands the terms
outlined herein.
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk
12
Date:
Approved as Ito form and legality
CoT%en A. Kerins
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
IN
Rick LoCastro, Chairperson
Date:
[23-SC-881 / 1792550/ 1 ]
Packet Pg. 1191
11-2023-SC-000 16.K.4.b
Filing # 170328425 E-Filed 04/04/2023 03:53:13 PM
IN THE COUNTY COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, SMALL CLAIMS
Collier County Board of County Commissioners
plaintiff
Vs.
Rzabeth X McGuire
Defendant
Case#; 23—SC-881
Judge:
TO BE SERVED AT;
8288 Lutello Terrace N.
Napies. Florida 34114
SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE
STATE OF FLORIDA -- NOTICE TO PLAINTIFFiSI AND DEFENDANTISI,
YOU ARE HEREBY NOTIFIED that you are required to appear in person via Zoom or by attorney for a
PRETRIAL CONFERENCE on May 12, 2023 at 8:30 AM ,
Please use the following Zoom Meeting Information:
https:/Izoom.us Meeting ID: Meeting ID: 587 867 2366 Phone: +17866351003
IMPORTANT — READ CAREFULLY IF YOU NEED AN INTERPRETER, YOU MUST BRING YOUR OWN
THE CASE WILL NOT BE TRIED AT THAT TIME. DO NOT BRING WITNESSES — APPEAR IN PERSON OR BY ATTORNEY
The defendant(s) must appear In court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear
to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or the
defendant(s) shall not excuse the personal appearance of party or its attorney in the PRETRIAL CONFERENCE. The date and
time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee
authorized in writing by an officer of the corporation. Written authorization must be brought to the pretrial conference,
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the
court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or
your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have
been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your
witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to settle. Failure to have full
authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party.
If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court
may or may not approve a payment plan and withhold judgment or execution or levy.
RIGHT TO VENUE, The law gives the person or company who has sued you the right to file in any one of several places
as listed below. However, If you have been sued in any place other than one of these places, you, as the defendant(s),
have the right to request that the case be moved to a proper Iocation or venue. A proper location or venue may be one
of the following: (1) where the contract was entered into; (2) if the suit is on an unsecured promissory note, where
the note is signed or where the maker resides; (3) if the suit is to recover property or to foreclose a lien, where the
property Is located; (4) where the event giving rise to the suit occurred; (5) where any one or more of the defendants
sued reside; (6) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to
where suit may be filed, where payment is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your
court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under
oath) with the court 7 days prior to your first court date and send a copy to the plaintiff(s) or plaintiffs(s') attorney, if any.
A copy of the statement of claim shall be served with this summons,
Copy to:
SYAt>:
tip ti
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DATED at Naples, Florida, on Apr 05 2023
CRYSTAL K. KINZEL, As Cleric of County Court
By' ____SAJh Wt0" C,&— Deputy Clerk
SEE OVER - IMPORTANT INFORMATION - READ CAREFULLY - BRING THIS NOTICE WITH YOU AT ALL TIMES
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 04/04/2023 03:53 :13 PM I Packet Pg. 1192
16.K.4.b
CERTIFICATE OF SERVICE
The following language is required to be included on all Motions filed with the clerk/court:
I HEREBY CERTIFY that a true and accurate copy of the foregoing motion was served by () US Mail, () hand delivery, ()
facsimile on this (indicate date) to the following (in&ate opposing par(s) name and address).
Signature
MOTION FOR CONTINUANCE
If the Plaintiff or Defendant seeks a continuance of either the Pre-trial or Trial, the moving party shall submit a written Motion
and shall contain the following:
a. The reason for the request for continuance
b. The opposing party (or their attorney if any) has been contacted and either they agree or oppose the request
c. The certificate of service
Requests for continuances will no be received or considered over the telephone.
TELEPHONIC APPEARANCES
a. Motions and all exhibits are to be filed no later than five (5) days prior to the day of the proceeding.
b. The hearing, pre-trial mediation, trial or other proceedings shall not be scheduled for more than 20 minutes.
c. Attorneys, parties and/or witnesses requesting to appear telephonically shall be able to represent that they are
outside of Collier County, Florida during the scheduled proceeding.
d. All Motions shall state good cause why telephonic appearance should be allowed.
e. Parties desiring to present testimony telephonically pursuant to Fla. R, Jud. Admin. 2.530(d)(2) shall represent in the
motion a good faith effort to contact and obtain consent from all other parties. All witnesses must comply with Fla. R.
jud. Admin, 2.530(d)(3) for administering the oath.
THIS OFFICE CANNOT GUARANTEE COLLECTION OF MONIES THAT THE COURT MAY ORDER DUE YOU.
ADDRESS CHANGES - All changes in mailing addresses must be furnished in writing to the cleric and to the opposing party.
Clerks mailing address - Clerk of Court, Civil Division
RO. Box 413044
Naples, FL 34101-3044
SETTLEMENTS - Settlement in full or by installment payments made by the parties out of the presence of the court are
encouraged. The plaintiff shall notify the cleric of settlement, and the case may be dismissed or continued pending payments
Upon failure of a party to perform the terms of any stipulation or agreement for settlement of the claim before judgment, the
court may enter appropriate judgmentwithout notice upon the creditor's filing of an affidavit of the amount due.
ADDITIONAL PROBLEMS — For anything you do notunderstand about the above information and for anyadditional questions you may
have concerning the preparation of your case for trial, please contact the Cleric of the County Court, in person at the Collier County
Courthouse Annex, 1st Floor, 3315 Tamiami Trail E, Naples, >+L 34112, or by telephone (239) 252-2646. The cleric is not authorized to
practice law and therefore cannot give you legal advice on how to prove your case. However, the clerk can be of assistance to you in
questions of procedure. If you need legal advice, please contact an attorney of your choice. Ifyou know of none, call the Collier County Bar
Association, Lawyer Referral Service, for assistance, (239) 252-8138
A copy of any paper that you file at any time with the Clerk or the Judge MUST be sent by you to each attorney appearing in the
case, if any, or to all parties not represented by an attorney. You must set forth the date and to whom you sent the copy (or
copies) of the paper filed, which should be followed by your signature.
..............
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact Charles Rice, Administrative Court Services Manager
whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and
whose telephone number is (239) 252-8800, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711."
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Filing # 170328425 E-Filed 04/04/2023 03:53:13 PM
16.K.4.b
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
SMALL CLAIMS DIVISION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
V. Case No,
ELIZABETH MCGUIRE,
Defendant.
COMPLAINT FOR DAMAGES AND STATEMENT OF CLAIM
COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (hereinafter "the County"), by and through undersigned counsel, hereby sets
forth its Complaint against ELIZABETH MCGUIRE for damages and negligence and states to the
Court in support as follows;
1. This is an action for damages that exceeds $500,00 but does not exceed $2,500.00,
2. All events and occurrences set forth occurred and took place in Collier County, Florida.
3. Collier County is a political subdivision of the State of Florida.
4. At all times material, the Defendant, Elizabeth McGuire, was sui juris and a resident of
Collier County, Florida.
5. This Court has jurisdiction over all parties and venue is proper in Collier• County, Florida.
(22-RMG-00719/1740427/1)
Packet Pg. 1194
16.K.4.b
6. On February 23, 2022, Elizabeth McGuire was operating a motor vehicle at or about 3:08
p.m. at the intersection of Golden Gate Parkway and Livingston Road in Naples, Florida.
7. Elizabeth McGuire was traveling east bound in the right lane of Golden Gate Parkway and
was turning south onto Livingston Road when she began to matte the right turn and turned
into the Plaintiffs vehicle. Jonathan Perez, in the course and scope of his employmeat, was
driving a 2017 Ford truck owned by the Plaintiff, Collier County Board of County
Commissioners,
8. Elizabeth McGuire failed to use due care and caused property damage to the vehicle owned
by the Plaintiff
9, Elizabeth McGuire had a duty to operate tier vehicle in a reasonable, responsible and safe
manner towards the public, in general, and towards any and all vehicles and property
surrounding the area in which she was operating her vehicle.
10, Elizabeth McGuire breached her duty and was negligent in failing to use due care when
she struck the Plaintiff's vehicle traveling on Livingston Road.
11. As a result of the negligence of Elizabeth McGuire, the County suffered property damage
in the amount of $1,860.79 to repair the County owned and maintained vehicle, plus
statutorily accruing interest. The invoices are attached hereto as Exhibit "A."
12. Although requested to pay these damages, Elizabeth McGuire has refused and continues to
refuse to pay the damages, which necessitated the filing of this action.
WHEREFORE, Plaintiff, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
demands judgment against the Defendant, Elizabeth McGuire, for all aforementioned damages,
legal interest, and interest from the entry of judgment until paid, plus cost of litigation, and any
further relief this Court deems just and proper.
( 22• RMG-00719/1740427/11
Packet Pg. 1195
16.K.4.b
Respectfully Submitted:
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
By; U&
C -EN A. KERINS, ESQ,
Florida Bar No. 91752
Collier County Attorney's Office
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5746
Telephone: (239) 252-8400
Faesimile: (239) 252-6300
Counsel fol- Plaintiff COLLIER COUNT)'
colleen.kerins@colliercountyfl.gov
rosa.villarreal@colliercotiiityfl.gov
marian,rhyne@collierr,ountyfl.gov
(22-RMG-00719/1740427/1)
Packet Pg. 1196
16.K.4.b
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SERVICE DEPARTMENT HOURS SUIBARU, 7,30 a.m.l0 6,00 p.m. 03D46 6UICK Monday. Frldoy
8:00 a,m, to 3:00 p.m. Saturday
1411 Solana Rd Naples, FL 34103 681
8151
Phone: (239) 648•i 400
2901 COUNTY EARN RD
PO 4500215011
NAPLES, FL 34112-2302
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2017 FORD I F-150
ue-Li. ;i6y-53'7-64Q2 ARV: 93537
#1 - 61BUZr BODY SHOP REPAIRS
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239-252--4138 IFTMFIC80HKC37207
239-252-2277
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REPAIR AS PER ESTIMATE
Tech; LEONARDO ESPERANZA (71.6)
Sub Total; 1.293.60
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#2 � 63BUZ: RE�`SNISHBQDYSHOP.... __...._.._�........,_-----„__..-____
REFINISH AS PER ESTIMATE
Tech; FRANCISCO MARTINEZ (626)
Sub Total: 260.40
-- -Materials--'--'
---------_-----------'-- ------------------
Pail
SSRVICEs ALL ORIGINAL EQUIPMENT REPLACEMENT PARTS HAVE A 2 YEAR OR
2000 MILK WARRANTY (LABOR MAY APPLY)
BODY SHOP: ALL REPLACEMENT PARTS ARE GUARANTEED AS SPECIFIED BY
INDIVIDUAL MANUPACTURER'S WARRANTY. COLLISION LABOR AND PAINT ARE
GUARANTEED FOR AS LONG AS YOU OWN TJ118 VEHICLE,
DISCLAIMER OF WARRANTY
The onlyy warranties applying to lhls ad(s) are those which may be offered by the
manufaofurar, Monvi'tworer'a parts and related labor are guaranteed for 12 months or
12,000 Mlles, whlohevar camas first. The selling dsalur hereby explesaly disclalms 0
warranttea, either exprossed or Impliod. Molvding any Impllad warrehtlaa of marchantlblllty
or fitness for a particular purp0sa, and netthar assumes nor authodtae any other parson
10 assume for II any liability In sonneollon with the ado of this part(s) and/or oervloa.
Buyer shalt not be entitled to recover Pram the sellin doelar any consogvantiol damages,
dome as to property, damages for lose of use, loss'Aime, lose of profits or income. or any
other?, cldantal damages.
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I.D.
EXHIBIT
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1293.6
260.4
148.8
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Packet Pg. 1197
16.K.4.b
WO Company:001 COLLIER COUNTY
WO Department:253212 WATER SERVICE
DISTRIBUTION 408
WO Shop:01 Work Order Shop 01 COUNTY BARN FLEET
SHOP
Equipment: CC2.1456 License: TF2655
Color: White Engine: 3.5 V6
Year: 2017 GVW: 6100
Make: FORD Serial: I FTMF 1 C80HKC37207
Model: F I50 Misc. Field; A23
Location:
Department: 253212: WATER SERVICE DISTRIBUTION 408
Class: 2DA:1/2 & 3/4 TON 2WD PICKUP TRUCK
Company; 001 COLLIER COUNTY
Monitor Group:
Site: WSD:WATER SERVICE DISTRIBUTION 408
METERS
WO Meter Reading Override? Eq Meter
M 68151 Y M
CUSTOMER COPY
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Bill Code: 7 Last WO Date: 02/24/202^e
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68137 A A: PM - OIL CHANGE, LURE, 72137 C C PM
FILTER 11/16/2022 C C PM
05/16/2022 A A: PM - OIL CHANGE, LUBE,
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03/10/2022
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02/24/2022
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SUBLET REPAIRS
Vendor Date Back RTY RTY Description
PARTS ISSUED
Strm fart Number fart Description RTY RTY Description
Unit Tot,
QTY Cost Co:
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PARTS ISSUED
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Packet Pg. 119971
Filing # 170328425 E-Filed 04/04/2023 03:53:13 PM
16.K.4.b
IN THE COUNTY COURT, TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, SMALL CLAIMS
Col#ter County Board of County Commissloners
Plaintiff
VS,
Elizabeth A. McWra
Defendant
Case #;
judge; _
TO BE SERVED AT:
8288 Lucella Terrace N.
AeOda 34114
SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE
STATE OF FLORIDA — NOTICE TO PLAINTIFF(S) AND DEFENDANT(5).
YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the Collier County Courthouse,
located at 3315 Tamiami Trail East, on at for a PRETRIAL CONFERENCE.
IMPORTANT — READ CAREFULLY IF YOU NEED AN INTERPRETER, YOU MUST BRING YOUR OWN
THE CASE WILL NOT BE TRIED AT THAT TIME. DO NOT BRING WITNESSES — APPEAR IN PERSON OR BY ATTORNEY
The defendant(s) must appear in court on the date specified in order to avoid a default judgment, The plaintiff(s) must appear
to avoid having the case dismissed for lack of prosecution, A written MOTION or ANSWER to the court by the plaintiff(s) or the
defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and
time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee
authorized in writing by an officer of the corporation. Written authorization must be brought to the pretrial conference.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the
court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or
your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have
been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your
witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation may take place at the pretrial conference, Whoever appears for a party must have full authority to settle. Failure to have full
authority to settle at this pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party,
If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court
may or may not approve a payment plan and withhold judgment or execution or levy.
RIGHT TO VENUE. The law gives the person or company who has sued you the right to file in any one of several places
as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s),
have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one
of the following: (1) where the contract was entered into; (2) if the suit is on an unsecured promissory note, where
the note is signed or where the maker resides; (3) if the suit is to recover property or to foreclose a lien, where the
property is located; (4) where the event giving rise to the suit occurred; (5) where any one or more of the defendants
sued reside; (6) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to
where suit may be filed, where payment is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your
court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under
oath) with the court 7 days prior to your first court date and send a copy to the plaintiff(s) or plaintiff s(s') attorney, if any.
A copy of the statement of claim shall be served with this summons.
Copy to:
DATED at Naples, Florida, on
CRYSTAL, K, KINZEL, As Clerk of County Court
By: Deputy Clerk
SEE OVER - IMPORTANT INFORMATION - READ CAREFULLY - BRING THIS NOTICE WITH YOU AT ALL TIMES
Packet Pg. 1200
16.K.4.b
CERTIFICATE OF SERVICE
The following language is required to be included on all Motions filed with the clerk/court:
I HEREBY CERTIFY that a true and accurate copy of the foregoing motion was served by 0 US Mail, () hand delivery, ()
facsimile on this (Indicate date) to the following (indicate 0 os' s naMg.and address).
Signature
MOTION FOR CONTINUANCE
If the Plaintiff or Defendant seeks a continuance of either the Pre-trial or Trial, the moving party shall submit a written Motion
and shall contain the following:
a. The reason for the request for continuance
b. The opposing party (or their attorney if any) has been contacted and either they agree or oppose the request
c. The certificate of service
Requests for continuances will not be received or considered over the telephone.
TELEPHONIC APPEARANCES
a. Motions and all exhibits are to be filed no later than five (5) days prior to the day of the proceeding.
b. The hearing, pre-trial mediation, trial or other proceedings shall not he scheduled for more than 20 minutes.
c, Attorneys, parties and/or witnesses requesting to appear telephonically shall be able to represent that they are
outside of Collier County, Florida during the scheduled proceeding.
d. All Motions shall state good cause why telephonic appearance should be allowed.
e. Parties desiring to present testimony telephonically pursuant to Fla, R. Jud. Admin. 2.530(d)(2) shall represent in the
motion a good faith effort to contact and obtain consent from all other parties. All witnesses must comply with Fla. R.
Jud. Admin. 2.530(d)(3) for administering the oath,
THIS OFFICE CANNOT GUARANTEE COLLECTION OF MONIES THAT THE COURT MAY ORDER DUE YOU.
ADDRESS CHANGES - All changes in mailing addresses must be furnished in writing to the cleric and to the opposing party.
Clerks mailing address - Clerk of Court, Civil Division
P.O. Box 413044
Naples, FL 34101-3044
SETTLEMENTS - Settlement in full or by installment payments made by the parties out of the presence of the court are
encouraged, The plaintiff shall notify the clerk of settlement, and the case may be dismissed or continued pending payments,
Upon failure of a party to perform the terms of any stipulation or agreement for settlement of the claim before judgment, the
court may enter appropriate judgment without notice upon the creditor's filing of an affidavit of the amount due.
ADDITIONAL PROBLEMS - For anything you do not understand about the above information and for any additional questions you may
have concerning the preparation of your case for trial, please contact the Clerk of the County Court, in person at the Collier County
Courthouse Annex, 1st Floor, 3315 Tamiami Trail E, Naples, FL 34112, or by telephone (239) 252-2646. The clerk is not authorized to
practice law and therefore cannot give you legal advice on how to prove your case. However, the clerk can be of assistance to you in
questions of procedure. If you need legal advice, please contact an attorney of your choice. If you know of none, call the Collier County Bar
Association, Lawyer Referral Service, for assistance, (239) 252-8138
A copy of any paper that you file at any time with the Clerk or the judge MUST be sent by you to each attorney appearing in the
case, if any, or to all parties not represented by an attorney. You must set forth the date and to whom you sent the copy (or
copies) of the paper filed, which should be followed by your signature.
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact Charles Rice, Administrative Court Services Manager
whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and
whose telephone number is (239) 252-8800, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711."
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