St. Augustine Shores Service Corp.
St. Augustine, Florida Click on Banner to read WebPages! |
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St. Augustine Shores Service Corp.
St. Augustine, Florida Click on Banner to read WebPages! |
ST. AUGUSTINE SHORES -- Just when cooler heads in the Shores seemed to prevail some movers and shakers don't appear to like peace in the community. Some people just don't realize that the majority of their neighbors no longer want their interference. After being ousted by a petition and not re-elected to the board, former board president Terry Brannon and former board director Rudolph Esser are running around threatening everybody with lawsuits. Then they filed a VERIFIED EMERGENCY MOTION TO INTERVENE . Obviously, they haven't learned their lesson? It had seemed that the useless lawsuits initiated by these former board members would be settled and the community members could move on with the regular business at hand. Already rejected and ousted by the majority of their neighbors due to these lawsuits, here come Brannon and Esser wanting to stir the pot again! Considering that Terry Brannon seems to have enough problems of his own. But he still prefers to create more problems for his neighbors. Instead of taking care of his own business first and cleaning up his own property (See: IS THE LAW SUIT ABOUT GREEN BELTS OR "RAW POWER" ?), - he rather tries to tell his neighbors what to do and what not to do! Then there is the general question of whether or not Brannon has any legal standing at all? According to the latest information from the Shores' office, Terry Brannon is 8 month behind in paying his dues. Usually legal rights are limited to "members in good standing." In my opinion, being so far behind in his dues sure doesn’t make him a "member in good standing"! Terry Brannon may have found a Jacksonville law firm, Patterson, Bond & Latshaw, P.A., willing to represent him and Rudolph Esser. However, do the attorneys know all the background information surrounding this whole case? In my opinion, the homeowners and board actually involved in the lawsuit should immediately sit down together and end this whole problem, before it eats up more legal fees -- money that could definitely be put to better use for maintenance in the Shores! Or the money could be used to force certain homeowners to obey the deed restrictions, to clean up their own lots and to pay their overdue assessments! Maybe then peace will return to the whole community? The homeowners sure deserve it! |
ST.
AUGUSTINE SHORES SERVICE
CORPORATION,
a Florida Corporation
not-for-profit,
Plaintiff,
V.
JOHN
FAULK, et al.,
Defendants, _____________________________________
VERIFIED EMERGENCY MOTION
TO INTERVENE
Comes now Terry Brannon and Rudolph Esser (hereinafter "Movants"), by and
through their undersigned counsel, pursuant to Florida Rule of Civil Procedure
l .230 and files this Motion to Intervene and as grounds therefore would
state:
1. On or about February 10, 2003, an Amended
Complaint was filed in the instant case wherein the St. Augustine
Shores Service Corp. (hereinafter "Service Corp.") sought to enforce its
rights to and restriction on certain parcels of property in St. Johns County,
Florida owned by said corporation.
2. The Amended Complaint filed by the Service
Corp., sounds in multiple counts against various homeowners in the St.
Augustine Shores subdivision seeking permanent and temporary injunction
against the Defendants' use and improvement of real property owned by the
Plaintiff and damages resulting in such trespass and use, and attorneys'
fees and costs associated with such enforcement action.
3. The Movants seek to intervene in this
action and are interested in this action as owners of real property in
the subject subdivision and as members of the Service Corp. Attached
hereto as Exhibit A is a proposed Intervenors' Complaint.
4. The Declaration of Restrictions that control
the subject property specifically grants enforcement rights to lot owners,
which Movants are..
5. Since the filing of this action the Board's makeup has changed to include one of the Defendants. Further, since that time, the Board of Directors has appointed a "Green Belt" committee for purposes of exploring ways to eliminate or lessen the restrictions imposed upon certain parcel of real property owned by the Service Corp. which are the subject of the instant action contrary to the interests of the Movants. 6. Further, upon information and belief, the Movants believe that the attorneys
for this new Board have been instructed to pursue dismissing the instant
action which would waiving the Service Corp.'s claims for substantial attorneys'
fees and costs that have been incurred in this matter so far and would
constitute an abandonment of its duty to seek relief from the alleged trespass
and use of the Service Corp.'s real property by the Defendants. The
Movants are concerned that the current Board will not take all necessary
steps to protect their interest in the common areas of the subdivision
and the claim of the Service Corp. against the Defendants in this action.
7. The Movants are interested in pursuing
this action to its conclusion and to
recover
the substantial attorneys' fees and costs that have been expended to date
if they
prevail.
8. Further a failure to enforce
the restrictions on the subject real property and
to
require compliance with them by these Defendants has and will constitute
a violation and St. Johns River Water Management District's Rules and Regulations
and subject the Service Corp. to fines and other penalties.
9. This matter has not yet been set for trial
and an order allowing the intervention would not cause a delay in this
case or the trial.
WHEREFORE,
the Movants, Terry Brannon and Rudolph Esser, hereby request that a hearing
on this matter occur on an expedited basis before any further action
is taken in this matter which will prejudice the interests of the Movants
and that this Court enter an Order allowing them to intervene as Plaintiffs
in this action and allowing the attached Intervenors' Complaint to stand
over as the Intervenors' Complaint and for such other and further relief
as this Court deem just.
VERIFICATION
Under penalties of perjury, I hereby affirm that the allegations contained therein are true and correct to the best of my information and belief. Dated this ____day of August, 2003.
(SIGNATURE)________
Terry Brannon
Rudolph Esser
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct
copy of the foregoing has been
furnished
to Robert G. Cuff, Esquire, 170 Malaga S street, Suite A, St. Augustine,
Florida
32085,
Sean P. Sheppard, 99 Orange Street, St. Augustine, Florida 32084 and Ronald
W.
Brown,
Esquire, 66 Cuna Street, Suite A. St. Augustine, Florida 32084 by U. S.
Mail,
this
__12th day of August , 2003.
PATTERSON, BOND & LATSHAW, P.A.
By: (Signature)
Rosanne P.Perrine
Florida Bar No: 971847
3010 South Third Street
Jacksonville Beach, FL 32250
(904) 247-1770
Attorneys for Movants
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