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STATE
OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF
FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN
RE: PETITION FOR ARBITRATION Mark Stern,
Petitioner,
v. Case No. 2007-06-6957
Unit Owners Voting For Recall,
Respondent. PLAYA DEL MAR, INC. _____________________________/ORDER FOLLOWING EMERGENCY HEARING On
December 13, 2007, Mark Stem (Petitioner) filed an Arbitration Petition and
Emergency Motion
to Stop Removal of Board Member of Playa Del Mar Mark Stem and to Stop
Appointment of Two New
Board Members on
Today's Date. An
emergency hearing
was held on the same date to consider
the motion. During
the hearing the undersigned
denied Petitioner's
motion. Petitioner was
directed to
serve the
petition on the
Association 1
and the
Association was directed to file an
answer to the petition within fourteen days of receipt
of it.
Petitioner
was also instructed to file with the Association any request for documents he
might need. Additionally, the undersigned informed petitioner that in order
to prevail in this dispute he has the burden of proving that if the
Association's board of directors had considered the written recall agreement,
it should not have been certified. The
parties were
provided notice
that his matter
will proceed in
an expeditious manner.
DONE
AND ORDERED this 14th day of December, 2007, at Tallahassee, Leon County, Florida. ------------------------------------------------- 1
Randall Roger, the Association's
attorney, indicated
that he would
accept service for
the Association.
Copies furnished to:
Inger
M. Garcia, Esq. 3389
Suite 546 Hollywood
, Randall K. Roger, Esq. 621
N.W. 53rd Street
Facsimile:
561.988.1318 |
