HomeMy WebLinkAbout02-17-2005 Potchen v. McLeod andCity of Winter Springs, FL Case No.: 02-CA-775-16-W Claim No.: GC-2002051462BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
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VV-W
Offices in Orlando, Kissimmee,
Debra S. Babb Nutcher°
Usher L. Brown
Jeffrey P. Buak"
Cocoa &Viera
v'
Joseph E. Blitch
Victoria L. Cecil
Suzanne D'Agresta°
Lisa M. Fletcher
Anthony A. Garganese°
Amy J. Goddard
John H. Ward'
Katherine Latorre
Jeffrey S. Weiss
—
'Board Certified Civil Trial Lawyer
°Board Certified City, County & Local Government Law
February 17, 2005
David Cominsky
Director Property & Liability
Florida League of Cities, Inc.
P.O. Box 538135
Orlando, FL 32853-8135
Re: Potchen v. McLeod and City of Winter Springs, Florida
Case No.: 02-CA-775-16-W
Claim No.: GC-2002051462
Our File No.: 315-030
Dear David:
Erin J. O'Leary
J. W. Taylor
of Counsel
This is our update regarding the status of the lawsuit filed against the City of Winter Springs
and David and Sulyn McLeod by Plaintiffs, Michael Jones, George Acha and Robert Potchen, who
all reside within Dunmar Estates and are objecting to the installation of a waterline under Dunmar
Circle. There has been no activity in the case since our last status ter to you. As you know we -
filed a Motion to Dismiss the Second Amended Complaint and Plaintiff has still not filed any
response to the motion. We have a hearing scheduled for March 18, 2005 on our Motion to Dismiss;
however, this Court frequently rules on Motions to Dismiss (typically denying them) without having
a hearing. Therefore, I would not be surprised if we receive an Order denying the Motion to Dismiss
prior to the hearing date. In that event, it is my recommendation that we proceed moving forward
with re -deposing Plaintiff, Potchen (in light of the new allegations and new counts in the Second
Amended Complaint). We should then proceed to prepare a Motion for Summary Judgment on the
basis that the waterline easement entered into between the City and McLeods was lawful and has
resulted in no compensable harm to the Plaintiffs, who merely have the right of ingress and egress
over Dunmar Circle.
225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566
Website: www.odandolaw.net - Email: agarganese@orlandolaw.net
David Cominsky
Director, Property & Liability
Florida League of Cities, Inc.
February 17, 2005
Page 2
Please call me if you have any questions.
Ve trul yours,
Anthony arganese
AAG/cg
cc: Ron McLemore