IN THE CIRCUIT COURT OF THE ELEVENTH
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2018-041933-CA-O1 (08)
PORTOFINO TOWERS CONDOMINIUM
ASSOCIATION, INC.,
Plaintiff,
Vs,
ROBERT WOHLFELD, individually,
LEYDI WOHLFELD, individually,
And their agents and employees,
Defendants.
This cause came to be heard on February 6, 2019 upon Defendants’ Emergency Motion for
Rehearing/Clarification regarding Imminent Election and Candidates and Hearing Request and
Defendants’ Memorandum of Law regarding this Court’s February 1, 2019 Order on Plaintiff's
Emergency Motion to Strike Defendant’s Notice of Taking Deposition, Motion for Protective
Order, Motion for Sanctions against Victor Rones, Esquire, Motion to Quash Service of Process
and Motion for Sanctions against Defendant, Robert Woblfeld (“Defendants Motion for
Rehearing/Clarification”). Upon this court having reviewed the pleadings, motions and responses
in this cause and upon hearing argument of counsel and being advised in its premises, it is
ORDERED AND ADJUDGED AS FOLLOWS:
‘The Court has reviewed the matters and has these initial rulings on this matter:
Defendants’ Motion for Rehearing/Clarification was granted, This Court's February 1, 2019 Order
is hereby vacated, ‘This Court makes the following findngs based on the pleadings, the law, and
argument of counsel:. This Court voices no o}
‘The court will not direct that unit owners cannot speak to other unit owners. This Court does
not intend to infringe upon any party’s First Amendment rights. It is the court’s direction that
all parties are to act civilly and appropriate in the expression of their views in this Court and
regarding this ease, In the event of any need to provide an allegation or claim of misconduct
in violation of this order, the parties must obtain pre-approval from the court. This Court in
no way minimizes defendant, Leydi Woblfeld’s rights under the First Amendment To The
United States Constitution, Accordingly, it was never the intent of this Court to limit the
First Amendment Right of defendant, Leydi Wohlfeld or any party in this case or its agents.
This Court expects the parties on both sides to conduct themselves civilly and appropriately
with the expression of their views on the issues that they are facing to this case. ‘The Court
also advises all parties and their agents that they are to treat their fellow unit owners, board
members, candidates, their agents, contractors, third persons, and guests with mutual respect.
With regard to third party vendors of the association, it is provided that there shall be no
communication by any party with said persons unless same is an authorized Condominium
Board of Directors conversation regarding condominium business, unless permitted by order
of the court.
With regard to cade violations, a proper documented code violation shall be done in writing
through the applicable party’s counsel,
. With regard (o other government agencies (ie. Federal Bureau of Investigation or Florida
Department of Insurance Fraud Investigation), neither party shall initiate any communication
with said agencies; however, in the event that such agency seeks to initiate communication,
the following procedure shall be observed,
a. First, the applicable party(ies) shall within 24 hours of such contact, advise the
court and the opposing party's counsel of such contact. Such party is to advise
the ageney representative that such party may not meet with such representative
until and unless cither the court approves of same. ‘The other party and their
counsel should not be present at such approved meeting unless such agency so
requests.
b. Second, documents which are required to be made available under Florida
Statute 718 et, seq, and Florida Law are to be made available upon proper request.
. Document request are to be produced by plaintiff according to Florida Law, If there is a
claimed privilege, plaintiff shall make note of the document and privilege on a privilege
Jog. Defendant’s counsel shall take the deposition of plaintiff as stated in the notice of
taking deposition of January 19, 2019,
5. ‘The parties and their agents shall cease to engage in any and all defaming remarks or
publications,
jon as to the credibility of any party or witness to this case,
. Based upon the Defendants’ objections to former Judge Reyes acting as a Special Master,
this Court vacates the appointment of former Judge Reyes as a Special Master.9. Defendants’ Emergency Motion to Stay Condominium Elections Pending Appeal is hereby
denied.
10
DONE AND ORDERED in Chambers, Miami-Dade County, Florida this 7”? day of
February 2019.
ce: Gary E. Lehman, Esq,
Victor K, Rones, Esq.
Israel Reyes, Esq.
David §, Molansky, Esq.