Filing# 153221989 E-Filed 07/ 13/2022 09:48:39 AM

IN THE CIRCUIT COURT OF THE

15TH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 502017CA004532XXXXMB

THE OAKS AT BOCA RA TON

PROPERTY OWNER'S
ASSOCIATION, INC.

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Plaintiff,
vs.

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LAURENCE S. SCHNEIDER and
STEPHANIE L. SCHNEIDER,

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Defendants.
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STEPHANIE L. SCHNEIDER,
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Counter-Plaintiff,
vs.
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THE OAKS AT BOCA RATON

PROPERTY OWNER'S
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ASSOCIATION, INC.,

Counter-Defendant.
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STEPHANIE L. SCHNEIDER,
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Third-Party Plaintiff,
vs.
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FIRST AMERICAN BANK, N.A,

UNIVERSAL PROTECTION SERVICES, LLC
d/b/a ALLIED UNIVERSAL SECURITY
SERVICES, LLC and FIRSTSERVICE
RESIDENTIAL, INC.

Th ird-Party Defendants.
___________./

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/ 13/2022 09:48:39 AM
The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder, et al.
Case No. 502017CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 2

COUNTER-DEFENDANT THE OAKS AT BOCA RATON PROPERTY

OWNER'S ASSOCIATION, INC'S AND THIRD-PARTY DEFENDANT,
FIRST SERVICE RESIDENTIAL, INC.'S,
OPPOSITION TO STEPHANIE L. SCHNEIDER'S MOTION FOR EXTENSION
OF TIME TO FILE AMENDED COUNTERCLAIM AND
THIRD-PARTY COMPLAINT

COMES NOW Counter-Defendant, THE OAKS AT BOCA RATON PROPERTY

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OWNER'S ASSOCIATION, INC. ("Association") and Third-Party Defendant,

FIRSTSERVICE RESIDENTIAL, INC. ("First Service"), by and through thei r

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undersigned Counsel, and pursuant to all applicable Florida Rules of Civil Procedure,

and hereby files this Opposition to Plaintiff, STEPHANIE L. SCHNEIDER'S

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("Schneider") Motion for Extension of Time to File Amended Counterclaim and Third-

Party Complaint, and in support thereof states:

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RELEVANT CASE HISTORY
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1. The Complaint in the instant action was filed on April 24, 2017 by the
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association as a lien foreclosure action against Schneider. [D.E.#2).

2. On July 18, 2019 the Court issued a trial order setting this action for a jury
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trial on the March 30, 2020 through May 22, 2020 trial docket. [D.E.#62].
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3. The docket does not reflect any motion or notice of cancellation of the trial
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order, however perhaps due to the onset of Covid, the trial did not go forward as
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scheduled. ("FIRST DELAY").

4. On May 26, 2020 the Court entered an Order allowing counsel for

Schneider to withdraw from the case. [D.E.#68).

5. On November 12, 2020 Schneider filed a Suggestion of Bankruptcy.

[D.E.#117). ("SECOND DELAY").

The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder, et al.
Case No. 502017CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 3
6. On February 10, 2021 this Court entered an Order lifting the Bankruptcy

Stay. (D.E.#118).

7. On July 26, 2021 the Court issued an Order re-setting this matter for a

non-jury trial for September 29, 2021 at 1:30PM. [D.E.#120).

8. On September 15, 2021 Martin G. McCarthy, Esq. entered his Notice of

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Appearance on behalf of Schneider. [D.E.#121).

9. On September 23, 2021 Schneider's counsel filed an "Emergency Motion

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for Continuance" of the trial, citing "potential settlement" of the case as Schneiders basis

for a continuance of the trial. [D.E.#1 23).

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10. On September 28, 2021 the Court entered an order granting Schneiders
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Emergency Motion for Continuance of Trial. [D.E.#126). ("THIRD DELAY").
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11. On October 8, 2021 this Court entered an Order re-setting this matter for a
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non-jury trial on December 15, 2021 at 9:00 AM. [D.E.#127).

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12. On December 14, 2021 the Parties filed a Joint Motion for Continuance of

Trial requesting a 3 hour trial and the Court subsequently entered an Order granting
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same. [D.E.# 132,136). ("FOURTH DELAY").

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13. On December 23, 2021 the Court issued an Order re-setting this matter
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for a one day non-jury trial on February 16, 2022 at 10:00 AM. [D.E.#137).
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14. On January 14, 2022 Schneider filed a Motion for Leave to Amend Answer

and Affirmative Defenses and to add a Counterclaim and Third Party Complaint.

[D.E.#139). ("FIFTH DELAY").

15. On February 2, 2022 the court entered an order granting Schneiders

Motion for Leave to Amend An swer and Affirmative Defenses and to add a
The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder, et al.
Case No. 5020 17CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page4
Counterclaim and Third Party Complaint and allowing Schneider five (5) days, until

Monday, February 7, 2022, to file her Amended Answer, Affirmative Defenses

Counterclaim and Third Party Complaint. [D.E.#144).

16. The Court subsequently entered and Order striking the February 16, 2022

non-jury trial. [D.E.#145).

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17. On February 7, 2022, rather than filing her Amended Answer, Affirmative

Defenses Counterclaim and Third-Party Complaint, Schneider filed a Motion for

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Extension of Time. [D.E.#146).

18. On February 10, 2022 Schneider filed her Amended Answer, Affirmative

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Defenses Counterclaim and Third-Party Complaint. [D.E.#149].

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On April 13, 2022 the Association and First Service filed their Motion to
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Dismiss Schneiders Counterclaim and Third Party Complaint with prejudice based on
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Schneiders lack of standing. [D.E.#164).

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20. It is undisputed that on March 29, 2017, Schneider filed a Disclaimer Deed

in the Official Records of Palm Beach County, Book 28977, Page 1897 disclaiming and
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renouncing all rights and interest to the property that is the subject of the instant
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litigation, and confirming to Laurence S. Schneider all right, title, interest, demand and
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claims in the property. Therefore, Schneider has not been a member of the
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Association, or had any interned in the Association, since prior to the fi ling of the instant

action. A copy of the Disclaimer Deed is attached hereto and incorporated herein as

Exhibit "A."

21 . A hearing on the Association and First Service's Motion to Dismiss was

held on June 7, 2022 at 8:30AM. [D.E.#170).

The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder, et al.
Case No. 502017CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 5
22. At the hearing, Plaintiffs' Counsel acknowledged the merit of the

undersigned's Motion to Dismiss as well as the undersigned's §57.105 Safe Harbor

letter and proposed Motion for sanctions regarding same. Based on the counsel's

acknowledgement and acquiescence, the Court granted the Motion to Dismiss without

prejudice and allowed Schneider 10 days leave to amend. A copy of the hearing

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transcript is being ordered and will be filed as a supplement to this Motion once

received.

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23. On June 7, 2022 the undersigned drafted a proposed order reflecting the

Court's ruling and presented it to Plaintiffs' counsel for review. Plaintiffs counsel

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approved the Order and the ten (10) day period for amendment. Copies of the
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correspondences and proposed order are attached hereto as Composite Exhibit "B."
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24. Due to an oversight, the Order was not submitted to the Court for
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execution until June 17, 2022.

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25. On June 24, 2022 Counsel for Schneider filed a Motion for Extension of

Time to file their Amended Counterclaim and Third Party Complaint. The Motion
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requests an extension based upon an unrepresented parties actions in a separate case

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as well as a motion to stay the instant action which counsel alleges he would file
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contemporaneously with his Motion for Extension of Time, but never did. The Motion for
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Extension of Time also misrepresents that the Court allowed 15 days to leave to amend

when it only allowed 10 days, which counsel for the Plaintiff was aware of having

reviewed and approved the undersigned's proposed order. [D.E. #182].

26. On June 27, 2022 the Court entered the Order granting the undersigned"s

Motion to Di smiss without prejudice and allowing Schneider Ten (10) days, until
The Oaks at Boca Raton Property Owner's Association, Inc. v. Sc hnelder, et al.
Case No. 5020 17CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 6
Monday, July 7, 2022, to file her Amended Counterclaim and Third Party Complaint.

(D.E. #184).

ARGUMENT

The undersigned opposes Schneider"s Motion for Extension of Time and

requests th is Court enter an order denying Schneider"s Motion and finding that

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Schneider has voluntarily waived and/or dismissed any and all claims that she had or

may have had against the Association and First Service by failing to comply with this

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Court Orders. Based upon the correspondence approving the undersigned's proposed

order dismissing the Counterclaim and Third-Party Complaint without prejudice,

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Schneiders counsel was aware that he had 10 days within which to file an Amended

Counterclaim and Third-Party Complaint1 .

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Schneiders counsel fa iled to do so, and
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subsequently filed a Motion for Extension of Time citing no good cause.
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Schneiders Motion for Extension of time relied on two erroneous allegations: 1)

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The he requires time for Laurence Schneider's (a party whom Counsel does not

represent in the instant action) to file a Motion to Vacate in a separate action, which
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counsel claims wou ld "change the causes of action that Schneider would seek to assert
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in her Counterclaim and th ird-Party complaint"; and 2) that Schneiders counsel is

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contemporaneously fi ling a Motion to Stay this action pending the outcome of Laurence
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Schneiders Motion so that his client may have cause of action to assert in a

Counterclaim and Third-Party Complaint. 2 To date (19 days later), no such Motion has

been filed. Additionally. Schneiders counsel has filed a Notice of Unavailability

1 See Composite Exhibit "B."

1 A copy of the M otio n for Ext ension of n me is attached hereto as Exhibit "C."
The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder, et al.
Case No. 502017CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 7
indicating that he will be unavailable from July 12, 2022 through July 29, 2022; therefore

no "contemporaneous" Motion for Stay will be filed until August of 2022.

It is appropriate for this Court to deny Schneider's Motion for Extension of Time

and enter an order fi nding that Schneider has voluntarily waived and/or dismissed any

and all cla ims that she had or may have had against the Association and First Service.

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Schneider's actions in this case are consistently dilatory and only serve only one

purpose, which is to delay this case. Schneider's counsel has had this matter removed

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from the trial docket three separate times, the last time by filing a Motion for Leave to

add a Counterclaim and Third-Party Complaint. Schneiders counsel was granted a ti me

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certain by the Court to file the Counterclaim and Third-Party Complaint and failed to do
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so, instead fi ling a Motion for Extension of Time. Once again, rather than timely fil ing
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her Amended Counterclaim and Third-Party Complaint, Schneider files a Motion for
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Extension of Time based on erroneous grounds and is "unavailable' for a hearing on

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same until August of 2022. Unremarkably, it was the undersigned that had to reach out

to Schneiders counsel to set their Motion for Extension of Time for a hearing.
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Notably, Schneider's June 24, 2022, Motion for Extension of Time has effectively
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been ruled on by this Court. On June 27, 2022, after the filing of Schneider's Motion for
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Extension of Time, this Court entered an Order which effectively granted Schneiders
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Motion for Extension of Time. The Order provided Schneider 10 additional days, until

July 7, 2022, within which to file her Amended Counterclaim and Third-Party Complaint.

Although the Order was on the undersigned's Motion to Dismiss Schneider's

Counterclaim and Third-Party Complaint, as is evidenced by the transcript, the Courts

The Oaks at Boca Raton Property Owner's Association, Inc. v. Sc hnelder, et al.
Case No. 5020 17CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 8
Order effectively allowed Schneider an additional 20 days (from June 17, 2022 3 to July

7, 20224 ) with in which to file thei r Amended Counterclaim and Third-Party Complaint.

Schneiders Counsel failed to do so, and failed to file any subsequent Motion for

Extension.

Finally, all elements of a cause of action must exist and be complete before an

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action may properly be commenced. See, e.g., Orlando Sports Stadium. Inc. v. Sentinel

Star Co., 316 So.2d 607, 610 (Fla. 4th DCA 1975); Hasam Realty Corp. v. Dade

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County. 178 So.2d 747, 748 (Fla. 3d DCA 1965). Schneider's Motion for Extension of

Time clearly indicates that the Plaintiff wants additional time 5 to file her Amended

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Counterclaim and Third Party Complaint so that Schneider can determine, based upon
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her husband"s motion is a separate case, whether or not she will have any causes of
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action to assert in a Counterclaim and Third Party Complaint. This is an admission
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that the Plaintiff does not currently have any causes of action against the Association or
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First Service, therefore it is incumbent upon this Court to deny the Plaintiffs Motion for

Extension of Time based on the grounds cited therein. The undersigned's Motion to
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Dismiss was granted by this Court without prejudice, therefore should Plaintiff develop a
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cause of action against the Association or First Service, despite her lack of standing,
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Plaintiff may always file a Motion for Leave to Amend. However, it is inappropriate for
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this Court to grant additional time, or to stay this case so that the Plaintiff may "develop"

or "accrue" a cause of action.

WHEREFORE, Counter-Defendant, THE OAKS AT BOCA RATON PROPERTY

OWNER'S ASSOCIATION, INC. and Third-Party Defendant, FIRSTSERVICE

1 The 10 th day after the hearing on the undersigned' s Motion to Dismiss, pursuant to the transcript.

' The new date set forth by t he Court in its June 27, 2022 Order.
s Even indicting that she w ants a stay of t he action.
The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder, et al.
Case No. 502017CA004532XXXXMB
POA and First Service Opposition
To Motion for Extension of Time
Page 9
RESIDENTIAL, INC. respectfully requests that this Honorable Court enter an Order

denying STEPHANIE L. SCHNEIDER'S Motion for Extension of Time to File an

Amended Counterclaim and third Party Complaint, and finding that Schneider has

voluntarily waived and/or dismissed any and all claims that she had or may have had

against the Association and First Service by failing to comply with this Court Orders,

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and granting any such other relief as the Court deems appropriate.

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that a copy of the foregoing has been furnished by

Electronic mail this 13th day of July, 2022 to: Martin G. McCarthy, Esq. and Emre

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Yersel, Esq., McCarthy & Yersel, PLLC, mccarthy@myattorneyservices.com ,
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eyersel@myattorneyservices.com and lawclerk@myattorneyservices.com, Vuth Un,
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Esq., Sachs Sax Caplan, P.L., vun@ssclawfirm .com; and
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foreclosures@ssclawfirm.com; Sheyla Mesa, Esq., Sioli Alexander Pino,

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jkeller@siolilaw.com and smesa@siolilaw.com.

VERNIS & BOWLING OF PALM BEACH, P.A.

618 U.S. Highway One, Suite 200
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North Palm Beach, Florida 33408

Telephone No. 561.775.9822
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Facsimile No. 561.775.9821

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Primary: Jfiala@florida-law.com
Secondary: knissen@florida-law.com
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CSchrader@florida-law.com
pbfiling@florida-law.com

JOSEF M. FIALA, ESQ.

Florida Bar No. 707570
KAREN M. NISSEN, ESQ.
Florida Bar No. 0883761
 ~!~11~1!111 Ill// Ill/I Ill// 11111Ill/ /Ill
- 170 1.07475
OR BK -,8
RECORDED 03 ;, 9 77 PG
AMT 10.00 l,912017 12:os:02 1897
Doc Stam, 0,70
THIS INSTRUMENT PREPARED BY Palm Beach C
ANO RETURN TO: Sharon R 8 ount,, Florida
XI ARA LOPEZ CRUZ, ESQ. P,s 1897°- ¥~~efl1~~•!lCOMPTROllfR
•68-ID-l'lo,rth State Road 7, Suite 200
.,,,,,.- .•<k, FL 33073

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~ DISCLAIMER DEED

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WITNESSETH T'' "-'"~ISCLAIMER DEED, executed this _.3_
day of /VlQr c.h
20 17, by
first party/Grantor(s), ST rQ= •~ L. SCHNEIDER, spouse, whose mailing address is 360 East Coconut
Palm Road, Boca Raton, IE
32, hereinafter called "the undersigned" and second party/Grantee
LAURENCE S. SCHNE Ell~Jid\lf;e, whose address is 360 East Coconut Palm Road, Boca Raton, FL
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33432. (Whe~ver used herein•=u•rms "GRANTOR" and "GRANTEE" include all the parties 10 this
instrument and the heirs, legal rep tatives and assigns)

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,
WHEREAS: Parties ~re.named in Warr~eed recorded on July 3 1, 2006 document number 20060442038,
in book 20662, page 0249 of Official Rec · the County Records of Palm Beach County as having interest
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in the property above as husband and wi rty, STEPHANIE L. SCHNEIDER desires to waive and
renounce any and all claim of right 10 176 Clrl Pond Court, Boca Raton, FL 33496-1002. Said property
is not the current homestead of the Grant~~~•der the la~vs and constitution of the State of Florida.
STEPHANIE L. SCHNEIDER did not an as not signed a promissory note with any third party for said
property.
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WITNESSETH: Th~;.· ;he•··s~id fi~ · party and grantor STEP.HAriu; L } s¢ji'r,1?,ri{Ea;· disclaims and
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renounces all rights and interest to the property and hereby confirms unto Grantee and spouse LAURENCE
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S. SCHNEIDER and Grantee's heirs and assigns forever, all the right, title, interest, demand and claim of
rhe said Granto, , STEPHANIE L. SCHNEIDER to the described LOT, parcel of land, and improvements
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and appurtenances thereto s ituate, lying and being in the County of Palm Beach, State of Florida, to wit:

Lot 37 of the FOX HILL ESTATES OF BOCA RATON, according to the Plat thereof, as
recorded in Plat Book 87, Page 4, of the Public Records of Palm Beach County, Florida

Palm Beach County Property Appraisers Parcel Control Number: 00-42-46-3 1-01-000-0370

This instrument shall constitute a waiver, by STEPHANIE L. SCHNEIDER, in favor of any mortgagee,
deed of trust beneficiary or deed of trust trustee of any present rig)lt to file a declaration or claim of
homestead affecting the above described property.

I of2 Disc:l.aimcr Occd ofStcph.tnK' L. Schneid<-r

!EXHIBIT "A" I
 Book28977/Page1898
CFN#20170107475
Page 2 of 2

This instrument is executed not for the purpose of making a gift, but solely for the purpose of clearly showing
of cord that the undersigned has waived and renounced any and all interest to said property, claims no
interest in and to said property, the undersigned expecting third persons to rely on this disclaimer.

NJ,SS WHEREOF, The said Grantors have executed this deed under seal on the date
•v~n>.lioned.

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STEPHANIE L. SCHNEIDER
360 East Coconut Palm Rd, Boca Raton, FL 33432

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I HEREBY CERTIFY that O.vc;,,..,ac:;:;a' before me,

authorized in the State and Co
C AAl'u µ
IE l , h ~fficerduly
ve, to administer oaths and take acknowledgments, personally
appeared STEPHANIE L. SC ER, who is(frsonally kno'§)o me or produced
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as identifica ,
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NOTARY PUBLIC:
Signature: ~~ [Seal)

Print Notary Name: C a/Vlt,g_ ~ , .

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My commission Expires: S4-~

CAROLINE IACINO
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MY COMMISSION #FF015539
EXPIRES May 7. 2017
FlondaN01.,YS•tvk•.eom
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2 of 2 Disclaimer Deed of S1cphanic L. Sd mcidc-r

IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA

CASE NO. 502017CA004532XXXXMB

THE OAKS AT BOCA RATON

PROPERTY OWNER'S
ASSOCIATION, INC.

Plaintiff,

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VS.

LAURENCE S. SCHNEIDER and

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STEPHANIE L. SCHNEIDER,

Defendants.
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STEPHANIE L. SCHNEIDER,

vs.
Counter-Plaintiff, IE
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THE OAKS AT BOCA RATON
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PROPERTY OWNER'S
ASSOCIATION, INC.,
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Counter-Defendant.
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STEPHANIE L. SCHNEIDER,
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T hird-Party Plaintiff,
vs.
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FIRST AMERICAN BANK, N.A,

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UNIVERSAL PROTECTION SERVICES, LLC

d/b/a A LLIED UNIVERSAL SECURITY
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SERVICES, LLC and FIRSTSERVICE

RESIDENTIAL, INC.

___________
Th ird-Party Defendants.
./

ORDER ON COUNTER-DEFENDANT THE OAKS AT BOCA RATON

PROPERTY OWNER'S ASSOCIATION. INC'S AND THIRD-PARTY
DEFENDANT FIRST SERVICE RESIDENTIAL. INC.'S,

!EXHIBIT "B" I
The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder. et al.
Case No. 502017CA004532XXXXMB
Order on Motion to Dismiss
Page 2

MOTION TO DISMISS STEPHANIE L. SCHNEIDER'S

COUNTERCLAIM/THIRD PARTY COMPLAINT WITH PREJUDICE

THIS CAUSE, having come before the Court on June 7, 2022 upon Counter-

Defendant, THE OAKS AT BOCA RATON PROPERTY OWNER'S ASSOCIATION,

INC. and Third-Party Defendant, FIRSTSERVICE RESIDENTIAL, INC. Third-Party

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Defendant, FIRSTSERVICE RESIDENTIAL, INC. Motion to Dismiss Plaintiff,

STEPHANIE L. SCHNEIDER'S Counterclaim/Third Party Complaint with prejudice, and

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the Court, having reviewed th e Court file, the pleadings, and heard arguments of the

Parties, it is hereby,

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ORDERED AND ADJUDGED as follows:

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Counter-Defendant, THE OAKS AT BOCA RATON PROPERTY OWNER'S
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ASSOCIATION, INC. and Third-Party Defendant, FIRSTSERVICE RESIDENTIAL, INC.
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Third-Party Defendant, FIRSTSERVICE RESIDENTIAL, INC. Motion to Dismiss

Plaintiff, STEPHANIE L. SCHNEIDER'S Counterclaim/Third Party Complaint is hereby

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GRANTED without prejudice.

2. STEPHANIE L. SCHNEIDER shall have ten (10) days, until Friday, June 17,
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2022, within which to file her Amended Counterclaimffhird Party Complaint

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DONE AND ORDERED in chambers in West Palm Beach, Palm Beach County,
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Florida this __ day of June, 2022.

THE HONORABLE G. JOSEPH CURLEY

CIRCUIT COURT JUDGE
The Oaks at Boca Raton Property Owner's Association, Inc. v. Schnelder. et al.
Case No. 502017CA004532XXXXMB
Order on Motion to Dismiss
Page 3

Copies furnished to:

Martin G. McCarthy, Esq. and Emre Yersel, Esq., McCarthy & Yersel, PLLC,
mccarthy@myattorneyservices.com, eyersel@myattorneyservices.com and
lawclerk@myattorneyservices.com,
Vuth Un, Esq., Sachs Sax Caplan, P.L.. vun@ssclawfirm.com; and
foreclosures@ssclawfirm.com;
Sheyla Mesa, Esq., Sioli Alexander Pino, jkeller@siolilaw.com and
smesa@siolilaw.com.
Josef M. Fiala, Esq., Vernis & Bowling of Palm Beach, P.A., jfiala@florida-law.com;

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knissen@florida-law.com; cschrader@florida-law.com; jmagee@florida-law.com; and
pbfi ling@florida-law.com.

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Jennifer Magee

From: Martin McCarthy <mccarthy@myattorneyservices.com >

Sent: Tuesday, June 7, 2022 5:08 PM
To: Josef M. Fiala; Emre Yersel; Kaitlyn Bunnell; Nasbly Barrera
Cc: vun@ssclawfirm.com; Courtney Schrader: Jennifer Magee
Subject: Re: (Claim no. 1499357) Schneider v.The Oaks at Boca Raton Property Owner's
Associati on, Inc. (Our File no. 0025-022070):

Dear Mr. Fiala:

Good afternoon . I'm in agreement w ith the form of your proposed order.

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Sincerely Yours,

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Martin G. McCarthy, Esq.
MCCARTHY & YERSEL, PLLC
4929 SW 74th CT, Ste 5
Miami, Florida 33155

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(305) 407-8006 office
(866) 676-4671 facsimi le
(305)522-6224 cellular
email: mcca1thy/@.mvatto111eyservices.com
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Our Address Changed! Please note effective February 22, 2021, our new Office Address is 4929 SW 74th
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CT, Ste 5, Miami, FL 33 155

Confidentiality Notice: Th is e-mail transmission, and any documents, files or previous e-mail messages
attached to it may contain confidential information that is legally privileged. If you are not the intended
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recipient, or a person responsible for del ivering it to the intended recipient, you arc hereby notified that any
disclosure, copying, distributio n or use of any of the infonnation contained in or attached to this transmission is
STRlCTLY PROHTBITEO. lfyou have received tbis transmission ill error, please immediately noti fy us by
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reply e-mail, or by telephone at the direct dial number above and destroy the original transmission and its
attachments without read ing or saving in any manner. T hank you.
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From: Josef M . Fiala <jf iala@ florida-law.com>

Sent: Tuesday, June 7, 2022 1:15 PM
To: Martin Mccarthy <mccarthy@myattorneyservices.com >; Emre Yersel <eyersel@myattorneyservices.com>; Kaitlyn
Bunnell <lawclerk@myattorneyservices.com>; Nasbly Barrera <admin@myattorneyservi ces.com>
Cc: vun@ssclawfirm.com <Vun@ssclawfirm .com>; Courtney Schrader <cschrader@florida-law.com >; Jennifer Magee
<j magee@florida-law.com>
Subject: (Claim no. 1499357) Schneider v .The Oaks at Boca Raton Property Owner's Association, Inc. (Our File no. 0025-
022070):

M r. McCarthy:
Attached please find the Order on this morning's hearing regarding the Motion to
Dismiss. Please advise whether you have any objections or whether I may file it. If we
do not hear from your office before 4PM tomorrow we will assume that there is no
objection and submit same to the Court.
Thank you.
Joe

Josef M. Fiala
Attorney
Vernis & Bowling of Palm Beach, P.A.
618 U.S. Highway One, Suite 200
North Palm Beach, FL 33408
Tel: 561•775-9822

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Fax: 561-775-9821
jfiala@florida·law.com
Click Here for my contact info

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*OFFICE ADDRESS CHANGE*

Vernis & Bowling of Palm Beach, P.A. will be relocating effective May 21 , 2021 to :

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618 U.S. Highway One, Suite 200
North Palm Beach, Florida 33408

Our telephone and fax numbers will remain the same. Thank You.
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Filing# 152110595 E-Filed 06/24/2022 05:44:31 AM

IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA

CASE NO.: 502017CA004532XXXXMB

STEPHANIE L. SCHNEIDER, el al.

Defendant/Counter-Plaintiff.

vs.

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THE OAKS AT BOCA RATON
PROPERTY OWNER'S

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ASSOCIATION, INC.

PlaintifflCounter-Defcndant,

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STEPHANIE L. SCHNEIDER, el al. IE
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Counter-Plaintiff,
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vs.

THE OAKS AT BOCA RATON

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PROPERTY OWNER'S
ASSOCIATION, INC.

Cou11ter-Defendant,
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STEPHANIE L. SCHNEIDER,
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Third-Party Plaintiff,
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vs.

FIRST AMERJCAN BANK, as Successor

By Merger to Bank of Coral Gables, LLC,
a Florida Limited Liability Company,
UNIVERSAL PROTECTION SERVICES, LLC
a Florida Limi ted Liabi lity Corporation,
d/b/a ALLIED UNIVERSAL SECURITY

!EXHIBIT "C" I
SERVICES, LLC, and FlRSTSERVICE RESIDENTIAL,
INC., a Florida corporation

Third-Party Defendant(s).
_________________ ./

FIRST AMERICAN BANK, as Successor

By Merger 10 Bank of Coral Gables, LLC,
a Florida Limited Liabi lity Company,

Couoter-Plainti ff,

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V.

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STEPHANIE L. SCHNEIDER,

Counter-Defendant.

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DEFENDANT STE PH ANIE L. SCHN EIDER'S MOTION FOR EXTENSION OF TIM E
TO FILE AN AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT
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COMES NOW STEPHANIE L. SCHNEIDER (hereinafter "Defendant"), by and through
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the undersigned counsel and pursuant to Fla. R. Civ. P. 1.090, and hereby files this Motion for
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E xtension of T ime to Amended ber Counterclaim and Tbird-Party Complaint, and iu support

thereof states:
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I. On Februa1y 2, 2022, the Court entered an Order Granting Defendant's Motion for Leave
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to Amend Auswer and Affinnative DefeDses aDd to Add Counterclaim and Third-Party
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Complaint (hereinafter "Court Order").

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2. The Amend Answer and Affinnalive Defenses and 10 Add COLmlerclaim and Third-Party

Complaint were filed on February I 0, 2022.

3. On June 7, 2022, the Parties came before this Honorable Court for a Case Management

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 Conference, at which time the Court verbally dismissed the Defendant's Counterclaim

and Third-Party Complaint providing 15 days to amend.

4. Defendant requ ires additio11al time to file the Counterclaim and T hird-Pa1ty Complaint as

Defendant is fil ing contemporaneously herewith is the Defendant's Motion to Stay based

on Defendant Larry Schneider's Motion to Vacate the Final Judgment of Foreclosure in

the case styled as First American Bank v. Laurence Schneider. Et al., Case No.: 50-2016-

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CA-009292 AH based on the Court's lack of jurisdiction to enter the Final Judgment.

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5. T he Defe11da11t is seeking this extension together w ith the stay as the ruling on the Motion

to Vacate would change the causes of action that the Defendant wou ld seek to assert

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within her Amended Counterclaim and Th ird-Party Complaint.
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6. Florida Rule of Civi l Procedure 1.090 provides in pertinent part:
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(B) E nlargement. When an act is requ ired or allowed to be done at or withi n a
specified time by order of the court, by these rules, or by notice given
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thereunder, for cause shown the court at any time in its discretion (I) with or
without notice, may order the period en larged if request thereof is made
before the expiration of the period originally prescribed or as extended by a
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previous order.

Fla. R. Civ. P. 1.090 (2002).

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7. This motion is made timely before the deadline to Comply with the deadline to file and
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Amended Counterclaim and Third-Party Complaint.

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8. This motion is made in good faith and will not cause prejudice to the Plaintiff, Counter-
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Defcndant, and Th ird-Pa1ty Defendants.

WHEREFORE the Defendant STEPHANIE L. SCHNEIDER respectfully requests that

this Honorable Court grants this Motion for Extension of Time to Respond to Amend

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Counterclaim and Third-Party Complaint, and provide the Defendant until such time that the

Court has ruled on the Defendant's Motion to Stay, as well as awards any additional relief that is

just and equ itable in light of the foregoing.

CERTIF ICATE OF SERVICE

I CERTIFY that a copy hereof has been furnished on June 24, 2022, via emai l service to
all parties designated to receive Service of Court documents via Florida's eFi ling Portal

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pertaining to this case and to Vuth Un, Esq., Sachs Sax Caplan, 6111 Broken Sound Parkway
NW, Suite 200, Boca Raton, FL 33487, foreclosures@ssclawfirm.com, Nicholas Alexander
DeMahy, Esq., Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 100 SW Second Street, Suite

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2 100, Miami, FL 33 13 1, Anthony.strasius@wi lsonelser.com and
N icholas.demahv@w ilsonelser.com, Sheyla Mesa, Esq., Sioli Alexander Pino, 9155 S. Dadeland
Blvd., Suite 1600, Miami, FL 33 156. jkeller@siol ilaw.com and smesa@siol ilaw.com, Josef M.
Fiala, Esq., Vernis & Bowling of Palm Beach, P.A., 6 18 US Highway One, Su ite 200, North

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Palm Beach, Florida 33408, jfiala@florida-law.com, knisscn@ florida-law.com,
cschrader@ florida-law.com, and pbli ling@ florida-law.com.
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MCCARTHY & YERSEL, PLLC
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Attorneys for the Defendant
4929 SW 74"' CT
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Miami, FL 33 155
Telephone (305) 407-8006 I
Facsimi le (866) 676-4671
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By: Isl Martin G. McCarthy

Martin McCarthy, Esq., Florida Bar No.: 0 149896
P rimary Service Email: mccarthy@myattorneyservices.com
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A lternative Service Email: eyerscl@myattorncyscrviccs.com

Alternati ve Service Email 2: lawclerk@myattorneyservices.com
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