Powerpoint from yesterday's CLC meeting
Well, mistake number 2. I meant to send this out yesterday, but had to roll right from our meeting into another one and it slipped my mind until I was gently reminded of it just now. Apologies for the delay.
Thanks again to Barry for a great presentation.
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399tel:(850)%20432-1399
Board Certified Specialist in Construction Law
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/
[cid:clarkpartington-logo-rgb_screen-02-1_123bd44c-b20f-48cc-ab92-ad988cf14c5f.png]
Geez… where the heck is Sanjay? LOL!
Just kidding, Bruce.
Thank you,
Debbie
Sent from my iPhone
Debbie S. Crockett
Attorney at Law
Cheffy Passidomo, P.A.
202 S. Rome Ave., Suite 175
Tampa, FL 33606
(813) 225-2684
dscrockett@napleslaw.com
www.napleslaw.com
Main Office
821 5th Avenue South
Naples, FL 34102
(239) 261-9300
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On Jul 15, 2025, at 4:10 PM, RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org wrote:
CAUTION: -External Sender-
Well, mistake number 2. I meant to send this out yesterday, but had to roll right from our meeting into another one and it slipped my mind until I was gently reminded of it just now. Apologies for the delay.
Thanks again to Barry for a great presentation.
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399tel:(850)%20432-1399
Board Certified Specialist in Construction Law
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
Can anyone recommend a good structural engineering expert here in Central Florida?
Bryan L. Capps, Esq.
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
(407) 674-0674
(407) 808-0098
mailto:bcapps@theconstructionlawfirm.com bcapps@theconstructionlawfirm.com
http://www.theconstructionlawfirm.com/ www.theconstructionlawfirm.com
Offices: Orlando
Bryan,
I used Jose Vargas in a very contentious architectural malpractice case. He was excellent with each meeting being like an introductory course in structural engineering. He does a good job in demonstrating and explaining in layman terms structural engineering issues.
José A. Vargas, P.E.
ALPHA SERVICES, LLC
13120 Cog Hill Way
Orlando, Florida 32828
Cell: (407)-690-8846
jvargas@alphaserviceseng.commailto:jvargas@alphaserviceseng.com
Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman@wormanlaw.commailto:rworman@wormanlaw.com
www.wormanlaw.comhttp://www.wormanlaw.com/
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From: constructionlaw-bounces@lists.flabarrpptl.org constructionlaw-bounces@lists.flabarrpptl.org On Behalf Of RPPTL constructionlaw
Sent: Wednesday, July 30, 2025 12:39 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Request for Referral/Recommendation (Structural Engineering Expert)
Can anyone recommend a good structural engineering expert here in Central Florida?
Bryan L. Capps, Esq.
[Logo Description automatically generated with medium confidence]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image003.png@01DC0225.E936CB00]
(407) 674-0674
(407) 808-0098
[cid:image005.png@01DC0225.E936CB00]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image006.png@01DC0225.E936CB00]
www.theconstructionlawfirm.comhttp://www.theconstructionlawfirm.com/
Offices: Orlando
Not to clutch any pearls, but anyone ever had this happen?
- You file a motion and set it for hearing.
- Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion’s being granted.
- You confirm that agreement by email.
- You cancel the hearing.
- You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
- Opposing counsel initially advise that they agree to your Order, subject to confirmation.
- After a some time goes by, opposing counsel refuse to agree to your Order.
- Opposing counsel instead propose a slightly different Order.
- You agree to opposing counsel’s Order.
- Opposing counsel then refuse to agree to entry of their own Order, saying they’ve “reconsidered.”
Among other things, we’ve filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court’s unavailability). In researching the former, we’ve found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.
Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you’re aware of any more-relevant or more-persuasive authorities or incantations.
My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (clutching pearls)…
Bryan L. Capps, Esq.
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
(407) 674-0674
(407) 808-0098
mailto:bcapps@theconstructionlawfirm.com bcapps@theconstructionlawfirm.com
http://www.theconstructionlawfirm.com/ www.theconstructionlawfirm.com
Offices: Orlando
Brian -
I always thought you would look pretty good in pearls.
D
Denise Morris Hammond, Esquire
HAMMOND LAW
2115 Lakeside Drive
Orlando, Florida 32803
407-963-3475
dmhammond6@gmail.com
A society grows great when old men plant trees in whose shade they know they will never sit.~Greek Proverb
On Aug 19, 2025, at 2:51 PM, RPPTL constructionlaw constructionlaw@lists.flabarrpptl.org wrote:
Not to clutch any pearls, but anyone ever had this happen?
• You file a motion and set it for hearing.
• Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion’s being granted.
• You confirm that agreement by email.
• You cancel the hearing.
• You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
• Opposing counsel initially advise that they agree to your Order, subject to confirmation.
• After a some time goes by, opposing counsel refuse to agree to your Order.
• Opposing counsel instead propose a slightly different Order.
• You agree to opposing counsel’s Order.
• Opposing counsel then refuse to agree to entry of their own Order, saying they’ve “reconsidered.”
Among other things, we’ve filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court’s unavailability). In researching the former, we’ve found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.
Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you’re aware of any more-relevant or more-persuasive authorities or incantations.
My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (clutching pearls)…
Bryan L. Capps, Esq.
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
(407) 674-0674
(407) 808-0098
bcapps@theconstructionlawfirm.com
www.theconstructionlawfirm.com
Offices: Orlando
constructionlaw mailing list
constructionlaw@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/constructionlaw
Thank you all for your private but illuminating counsel.
Plot twist—today, the Court sua sponte sanctioned the offending lawyers, ordering the firm—not their client—to pay all attorneys’ fees we incurred as a result of their repudiation of our prior agreement.
Vapors cured…(letting go of erstwhile clutched and now sweaty pearls)
Bryan L. Capps, Esq.
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
(407) 674-0674
(407) 808-0098
mailto:bcapps@theconstructionlawfirm.com bcapps@theconstructionlawfirm.com
http://www.theconstructionlawfirm.com/ www.theconstructionlawfirm.com
Offices: Orlando
From: constructionlaw-bounces@lists.flabarrpptl.org constructionlaw-bounces@lists.flabarrpptl.org On Behalf Of RPPTL constructionlaw
Sent: Tuesday, August 19, 2025 2:52 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Not to clutch any pearls, but anyone ever had this happen?
- You file a motion and set it for hearing.
- Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion’s being granted.
- You confirm that agreement by email.
- You cancel the hearing.
- You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
- Opposing counsel initially advise that they agree to your Order, subject to confirmation.
- After a some time goes by, opposing counsel refuse to agree to your Order.
- Opposing counsel instead propose a slightly different Order.
- You agree to opposing counsel’s Order.
- Opposing counsel then refuse to agree to entry of their own Order, saying they’ve “reconsidered.”
Among other things, we’ve filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court’s unavailability). In researching the former, we’ve found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.
Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you’re aware of any more-relevant or more-persuasive authorities or incantations.
My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (clutching pearls)…
Bryan L. Capps, Esq.
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
(407) 674-0674
(407) 808-0098
mailto:bcapps@theconstructionlawfirm.com bcapps@theconstructionlawfirm.com
http://www.theconstructionlawfirm.com/ www.theconstructionlawfirm.com
Offices: Orlando
That suggests to me that this was not the first (or second or third…) time this tactic has been tried with this judge….. (or perhaps with other judges since, as they remind us from time to time – they do talk to each other).
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399tel:(850)%20432-1399
Board Certified Specialist in Construction Law
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/
[cid:clarkpartington-logo-rgb_screen-02-1_123bd44c-b20f-48cc-ab92-ad988cf14c5f.png]
From: constructionlaw-bounces@lists.flabarrpptl.org constructionlaw-bounces@lists.flabarrpptl.org On Behalf Of RPPTL constructionlaw
Sent: Thursday, August 21, 2025 5:40 PM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Thank you all for your private but illuminating counsel.
Plot twist—today, the Court sua sponte sanctioned the offending lawyers, ordering the firm—not their client—to pay all attorneys’ fees we incurred as a result of their repudiation of our prior agreement.
Vapors cured…(letting go of erstwhile clutched and now sweaty pearls)
Bryan L. Capps, Esq.
[cid:image001.png@01DC132B.3EDCEE20]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image002.png@01DC132B.3EDCEE20]
(407) 674-0674
(407) 808-0098
[cid:image004.png@01DC132B.3EDCEE20]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image005.png@01DC132B.3EDCEE20]
Offices: Orlando
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL constructionlaw
Sent: Tuesday, August 19, 2025 2:52 PM
To: constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Not to clutch any pearls, but anyone ever had this happen?
- You file a motion and set it for hearing.
- Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion’s being granted.
- You confirm that agreement by email.
- You cancel the hearing.
- You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
- Opposing counsel initially advise that they agree to your Order, subject to confirmation.
- After a some time goes by, opposing counsel refuse to agree to your Order.
- Opposing counsel instead propose a slightly different Order.
- You agree to opposing counsel’s Order.
- Opposing counsel then refuse to agree to entry of their own Order, saying they’ve “reconsidered.”
Among other things, we’ve filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court’s unavailability). In researching the former, we’ve found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.
Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you’re aware of any more-relevant or more-persuasive authorities or incantations.
My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (clutching pearls)…
Bryan L. Capps, Esq.
[cid:image007.png@01DC132B.41392DA0]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image002.png@01DC132B.3EDCEE20]
(407) 674-0674
(407) 808-0098
[cid:image004.png@01DC132B.3EDCEE20]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image005.png@01DC132B.3EDCEE20]
Offices: Orlando
Judges just love it when you waste their time.
From: constructionlaw-bounces@lists.flabarrpptl.org constructionlaw-bounces@lists.flabarrpptl.org On Behalf Of RPPTL constructionlaw
Sent: Friday, August 22, 2025 7:09 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
That suggests to me that this was not the first (or second or third...) time this tactic has been tried with this judge..... (or perhaps with other judges since, as they remind us from time to time - they do talk to each other).
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399tel:(850)%20432-1399
Board Certified Specialist in Construction Law
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/
[ClarkPartington-logo-RGB_Screen-02-1.png]
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL constructionlaw
Sent: Thursday, August 21, 2025 5:40 PM
To: constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Thank you all for your private but illuminating counsel.
Plot twist-today, the Court sua sponte sanctioned the offending lawyers, ordering the firm-not their client-to pay all attorneys' fees we incurred as a result of their repudiation of our prior agreement.
Vapors cured...(letting go of erstwhile clutched and now sweaty pearls)
Bryan L. Capps, Esq.
[Logo Description automatically generated with medium confidence]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image010.png@01DC133F.83304B80]
(407) 674-0674
(407) 808-0098
[cid:image012.png@01DC133F.83304B80]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image013.png@01DC133F.83304B80]
https://link.edgepilot.com/s/9919708b/nvNRHw6peEOinTeHJaUMvA?u=http://www.theconstructionlawfirm.com/
Offices: Orlando
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL constructionlaw
Sent: Tuesday, August 19, 2025 2:52 PM
To: constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Not to clutch any pearls, but anyone ever had this happen?
- You file a motion and set it for hearing.
- Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion's being granted.
- You confirm that agreement by email.
- You cancel the hearing.
- You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
- Opposing counsel initially advise that they agree to your Order, subject to confirmation.
- After a some time goes by, opposing counsel refuse to agree to your Order.
- Opposing counsel instead propose a slightly different Order.
- You agree to opposing counsel's Order.
- Opposing counsel then refuse to agree to entry of their own Order, saying they've "reconsidered."
Among other things, we've filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court's unavailability). In researching the former, we've found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.
Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you're aware of any more-relevant or more-persuasive authorities or incantations.
My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (clutching pearls)...
Bryan L. Capps, Esq.
[Logo Description automatically generated with medium confidence]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image010.png@01DC133F.83304B80]
(407) 674-0674
(407) 808-0098
[cid:image012.png@01DC133F.83304B80]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image013.png@01DC133F.83304B80]
https://link.edgepilot.com/s/9919708b/nvNRHw6peEOinTeHJaUMvA?u=http://www.theconstructionlawfirm.com/
Offices: Orlando
I love a story with a happy ending!
Christopher A. Roach
Senior Counsel
AV Preeminent(r) Rated Attorney
P: (727) 787-3121
F: (727) 375-5593
8750 Hawbuck Street
Trinity, FL 34655-5364
Biohttps://zinzowlaw.com/team-member/christopher-a-roach/ | Websitehttp://www.zinzowlaw.com/ | Emailmailto:%20croach@zinzowlaw.com
[cid:image002.png@01DC1347.90DB2900]
Construction | Real Estate | Business
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 727-787-3121 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, are not intended to be advice to avoid tax laws or penalties, and are not intended to be used or referred to in any marketing or promotional materials.
From: constructionlaw-bounces@lists.flabarrpptl.org constructionlaw-bounces@lists.flabarrpptl.org On Behalf Of RPPTL constructionlaw
Sent: Friday, August 22, 2025 8:34 AM
To: constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Judges just love it when you waste their time.
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL constructionlaw
Sent: Friday, August 22, 2025 7:09 AM
To: constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
That suggests to me that this was not the first (or second or third...) time this tactic has been tried with this judge..... (or perhaps with other judges since, as they remind us from time to time - they do talk to each other).
Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399tel:(850)%20432-1399
Board Certified Specialist in Construction Law
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=yS3JrHNuH4Ur97DkOCFvrGULr3nY8CoVKN6IFAQc2SI&m=elkcYL8tbosb568Yu0hZ4zPxDMYJgYajEwTK5XjdNrJ2Piu0p751GCSOonWxcLyT&s=2_yzxEAfloKgbgMgosz8Cluo-sx2-CkoG7n_atvXzfM&e=
[ClarkPartington-logo-RGB_Screen-02-1.png]
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL constructionlaw
Sent: Thursday, August 21, 2025 5:40 PM
To: constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Thank you all for your private but illuminating counsel.
Plot twist-today, the Court sua sponte sanctioned the offending lawyers, ordering the firm-not their client-to pay all attorneys' fees we incurred as a result of their repudiation of our prior agreement.
Vapors cured...(letting go of erstwhile clutched and now sweaty pearls)
Bryan L. Capps, Esq.
[Logo Description automatically generated with medium confidence]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image005.png@01DC1347.90DB2900]
(407) 674-0674
(407) 808-0098
[cid:image007.png@01DC1347.90DB2900]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image008.png@01DC1347.90DB2900]
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Offices: Orlando
From: constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.orgmailto:constructionlaw-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL constructionlaw
Sent: Tuesday, August 19, 2025 2:52 PM
To: constructionlaw@lists.flabarrpptl.orgmailto:constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] Repudiation of Disposition Agreed to at Good-Faith Conference
Not to clutch any pearls, but anyone ever had this happen?
- You file a motion and set it for hearing.
- Opposing counsel (not a member of this committee, obvi) call immediately before the hearing and agree to your motion's being granted.
- You confirm that agreement by email.
- You cancel the hearing.
- You prepare and forward to opposing counsel a simple proposed Order merely granting the motion (as agreed).
- Opposing counsel initially advise that they agree to your Order, subject to confirmation.
- After a some time goes by, opposing counsel refuse to agree to your Order.
- Opposing counsel instead propose a slightly different Order.
- You agree to opposing counsel's Order.
- Opposing counsel then refuse to agree to entry of their own Order, saying they've "reconsidered."
Among other things, we've filed a motion to enforce the agreed disposition and have set both it and the original motion for hearing but, in the process, have lost four months (due to the court's unavailability). In researching the former, we've found no similar circumstance in the jurisprudence. Accordingly, we couched our enforcement motion in terms of (and relying on authorities relating to) enforcement of settlements.
Please reply (only to me) if you or a loved one have encountered or suffered such perfidy, whether an enforcement motion was the balm, and/or if you're aware of any more-relevant or more-persuasive authorities or incantations.
My having never encountered such treachery, my delicate sensibilities burn from this most egregious offense and, I do declare, I have surely contracted a debilitating case of the vapors (clutching pearls)...
Bryan L. Capps, Esq.
[Logo Description automatically generated with medium confidence]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
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(407) 674-0674
(407) 808-0098
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bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
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https://link.edgepilot.com/s/9919708b/nvNRHw6peEOinTeHJaUMvA?u=http://www.theconstructionlawfirm.com/https://urldefense.proofpoint.com/v2/url?u=https-3A__link.edgepilot.com_s_9919708b_nvNRHw6peEOinTeHJaUMvA-3Fu-3Dhttp-3A__www.theconstructionlawfirm.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=yS3JrHNuH4Ur97DkOCFvrGULr3nY8CoVKN6IFAQc2SI&m=elkcYL8tbosb568Yu0hZ4zPxDMYJgYajEwTK5XjdNrJ2Piu0p751GCSOonWxcLyT&s=ILx6WWjD8Z1GJyZocQ3pB7WYUI4AzrumlRZCl4ybPjo&e=
Offices: Orlando
