TIMELINE SUMMARY (IMPORTANT
June 29, 2009:
According to the "official"
minutes of the board meeting (quote): "Stephen Smith Director, was recalled from the board, with 27 votes. The paperwork was given to him, at which time he wanted to count and show rebuff information. As of today 6/29/09 Stephen Smith is not a board member."
The videotape of that meeting shows a very different picture than
what's described in the minutes!
July 31, 2009: Order
Requiring Answer To Petition For Arbitration entered
by David R. Slaton, DBPR Arbitrator
(quote): "Although the type of petition filed in this case
commonly is referred to as a 'reverse recall,' the petition is filed pursuant to section 718.1225(1)(b), Florida Statutes, and is not a recall petition filed pursuant to section 718.112(2)(j), Florida Statutes. Therefore, the prevailing party is entitled to an award of attorney's fees and costs to be paid by the non-prevailing party."
August 18, 2009: David R. Slaton, DBPR Arbitrator,
REQUIRING SERVICE BY PETITIONER (quote): "In cases where service of the
petition by certified mail cannot be accomplished; the petitioner is required to serve the petition,
aIong with a copy of the Order Requiring Answer and the rules, on the respondent in the manner provided by law for service of subpoenas issued by the circuit courts of Florida."
January 4, 2010:
Vice President Andre Echevarria (as well listed as registered
agent of the association at that time) was served at his home
address with arbitration documents by process server, Jock
Coleman, at 10:00 p.m. Testimony
according to FINAL ORDER ON
DEFAULT -- Paragraph 14 (quote): "14. Mr. Echavarria testified that on January 4, 2.010 he was at home with his
roommate, Rolando Rodriguez. Mr. Rodriguez is 61 years old. There was a knock at the door and Mr. Rodriguez opened the door. The process server stood outside and announced that he was serving the Association by way of serving, Mr. Echevarria. The process server
then handed Mr. Rodriguez an envelope containing documents. Mr. Rodriguez then immediately gave Mr. Echevarria the envelope containing documents. Mr. Echevarria admitted that he then threw the envelope off of the third floor balcony, and it landed on the ground below. Mr. Echevarria claimed that he did not look inside the envelope."
February 3, 2010: Default
Threat entered by David R. Slaton, DBPR Arbitrator (quote):
"For respondent's failure to comply with the order requiring answer and the arbitration rules of procedure,
an order of default is hereby
entered against the respondent. If the respondent does not file an answer
accompanied by a sufficient explanation for why an answer was not timely filed within·10 days from the date of this order, a final order will be entered granting the
relief requested by the petitioner."
March 1, 2010: Petitioner
files "Opposition To
Respondent's Motion To Set Aside Default" with attached
affidavits of process server and a witness (quote): "The Respondents attorney replied within the Respondent's Motion to Set Aside Default and stated its introduction and paragraph number 1 that
'it was inadvertently lost prior to physical
receipt'. This is troubling, please pardon the expression but that is a bold faced
March 1, 2010: Affidavit
by Process Server Jock Coleman (quote): "Mr.
Echevarria walked along the 3rd floor balcony, yelling and cursing and then threw away the documents by tossing them off the 3rd floor. As I drove away from the building I saw the documents lying on the grass."
(Mr. Echevarria is the acting president who had just been served
with the documents.)
1, 2010: Affidavit
by Elaine Schwartz (Witness) (quote): "After the process server came back to the car, I witnessed
Echeverria walk down the 3rd floor catwalk toward us. He was yelling and threw the papers he was served up into the air from the third floor..... From what I could tell Mr. Echevarria was angry with Mr. Smith and did not care about the papers which were served
and simply through them away."
March 10, 2010:
Claire Cubbin, Esq. files: RESPONDENT'S MOTION TO SET ASIDE DEFAULT
(quote): "1. Pursuant to Florida Rules of Civil Procedure, there is an instance of mistake, inadvertence, surprise, or excusable neglect that requires that the default be vacated. After the Petition
was served on the resident agent of Water Bridge 2 Association, Inc.
it was inadvertently lost prior to physical receipt by the Association. As a
result the Association was unaware of the contents of said Petition and therefore, unable to properly
answer same." (I
guess that was meant as The Joke Of The Month?
Does throwing documents -- on purpose -- from the third
floor balcony onto the lawn below qualify as "inadvertently lost”?)
March 23, 2010: Claire Cubbin, Esq. files:
"Motion to Strike and Dismiss 'Responses (sic] in Opposition to Delay of
Hearing by the Respondent" (quote):
"2. As a result, said motion is filled with irrelevant, immaterial and impertinent matters that have no bearing on the issues at hand and is filed for the sole
purpose to attempt to embarrass the Respondent's counsel and/or to attempt to
generate pity in and/or curry favor with the arbitrator."
April 27, 2010: Final
Order On Default written by
David R. Slaton, DBPR Arbitrator (quote): "Therefore it is ORDERED:
As of the date of the mailing of this order, Petitioner Stephen Smith is immediately seated on the board
of directors of Water Bridge 2 Association, Inc. to serve the remainder of his term. As of the date of the mailing of this order; any replacement director for Petitioner Stephen Smith is REMOVED as director."
June 3, 2010:
of today the board of the Water
Bridge 2 Association, Inc. has failed
to take any action to abide by the ruling of DBPR Arbitrator David
DAYS AFTER THE SO-CALLED RECALL MEETING TOOK PLACE!