Filing 90862787 E-Filed 06/10/2019 05:01: 19 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION CCW NAPLES INVESTMENT, LLC, a Florida Limited liability company, WINFRIED HORSTENKAMP, an individual, and CHRISTINA HORSTENKAMP, an individual, VS. Plaintiffs, CASE NO. LUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWF L, a Florida Limited Liability Company, Defendants. DEFENDANTS MOTION FOR ATTORNEY FEES COMES NOW the Defendant, by and through his undersigned attorney and moves for an entry awarding the Defendant Attorney Fees, and states as follows: 1. Plaintiff?s ?led a Complaint against Defendant, LUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWFL on or about February 26, 2016, in the above-styled matter. . Trial was conducted in this matter on May 20-22, 2019, and the Jury provided a verdict in favor of the Defendant. (See Exhibit attached hereto and incorporated herein) Based on the Defendant, LUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF Proposal for Settlement, the Plaintiffs, CCW NAPLES INVESTMENT, LLC and Christina and Winfried Horstenkamp, the Defendant is entitled to attorneys? fees and costs. (A copy of the Proposal for Settlement has been marked Exhibit attached hereto and incorporated herein). WHEREFORE, Defendant, LUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWFL prays this Court grant attorney fees and costs as well as any other relief deemed just and proper. FILED: COLLIER COUNTY, K. KINZEL, CLERK, 06/10/2019 05:01:19 PM CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-Service to MATTHEW B. DEVISSE, Esquire, COLEMAN, YOVANOVICH KOESTER, P.A., at at] wres?iicvklaw ?rmcom, mdevisseQi?acyklaw?rm.Com, {ipa 1'1 f?i rmcom and this 10th Day of June 2019. BURANDT, ADAMSKI EICHTHALER, PL 1714 Cape Coral Parkway East Cape Coral, 33904 (239)542?4733 By: /s/Timothv P. Culhane TIMOTHY P. CULHANE Florida Bar No. 124657 Service Email: IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CCW NAPLES INVESTMENT, LLC, a Florida Limited liability company, WINFRIED HORSTENKAMP, an individual, and CHRISTINA HORSTENKAMP, an individual, Plaintiffs, vs. CASE NO. LOUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company, Defendants. FINAL JUDGMENT THIS CAUSE after having come before the Court on May 20?22, 2019, at a Jury Trial, and pursuant to the Verdict rendered inthis trial, IT IS ORDERED AND ADJUDGED, as follows: 1. The Plaintiffs, CCW NAPLES INVESTMENT, LLC, a Florida Limited Liability Company, WINFRIED HORSTENKAMP and CHRISTINA HORSTENKAM individually, take nothing by this action. 2. The Defendant, LOUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company, shall go hence without day. 3. The Court reserves on entitlement and amount of reasonable attorney fees and costs for this litigation. BM ORDERED at Naples, Collier County, Florida, this 9% day of. I 0 ,2019. Circuit Court Judge Judge Laure-n L. Brodie ILEI: E. .E?El?jg '3 aiEECoil ier CD Matthew B. Devisse, Esquire, Edmond Koester, Esq. COLEMAN, YOVANOVICH KOESTER, P.A., a?gm?esr?t?cvklaw?rm.com, mdcvissea?i?cvklaw?rm.com, dparliament?cyklaw?rm.eom, Attorney for Plaintiff Robert B. Burandt, Esq. Timothy P. Culhane, Esq. . BURANDT, ADAMSKI, FEICHTHALER SANCHEZ, P.L.L.C 1714 Cape Coral Parkway East Cape Coral, Florida 33904 urandtlaw?ca?peoj ral attorney. com Attorney?s for Defendant Judicial Assistant Paralega? .. From: ParaIegaII Sent: Thursday, November 01, 2018 2:27 PM To: cykservice@cykIawfirm.com Cc: Paralegall; Tim Culhane Subject: SERVICE OF COURT DOCUMENTS HORSTENKAMP v. BRUNO Attachments: NOTICE OF SERVICE OF PROPOSAL FOR SETTLEMENT Horstenkamp 81 CCW.pdf; PROPOSAL FOR SETTLEMENT IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR Court Identit COLLIER COUNTY, FLORIDA Case No.: Initial parties . CCW NAPLES INVESTMENT LLC, ET AL Plaintif?s): Initial parties LUIS BRUNO, LLC, ET AL Defendant(s): 1) Notice of Service of Proposal for Settlement Document being served: 2) Proposal for Settlement Sender's name: TIMOTHY CULHANE, ESQ. Sender's phone number: 239.542.4733 Note: Very truly yours, Nancy garc?'ner ?Paml?gafto Robert CB. Bummft, Esq. Cuf?cme Esq. ?cfamsl?i, Tefc?t?afer Sanchez, CELLO (Attorneys Counsefors at Law I 714 Cape ComeParEway East Gaye Comf, Tfom?cfa 33904 ?Phone: (239) 542-4733 Tax: (239) 542-9203 Confidentiality Notice - This message is being sent by or on behalf of an attorney. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidentiai or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, piease notify the sender immediately by e-mail and delete all copies of this message. This Communication is From A Debt Collector? Unless you di5pute the validity of this debt within thirty days of your receipt of this notice, we will assume that the debt is valid. if you notify us in writing within the thirty day period that the debt is disputed, we wili take the steps necessary to obtain verification of the debt from the creditor and forward the same to you. Pursuant to the Fair Debt Coliection Practices Act (15 et seq.) we are required to state that this information is an attempt to coilect a debt and any information obtained will be used for that purpose. Filing 80201449 E?Filed 11/01/2018 02:20:53 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION CCW NAPLES INVESTMENT LLC, WINFRIED HORSTENKAMP, an individual, and CHRISTINA HORSTENKAMP, CASE NO. an individual, Plaintiffs, vs. LUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company, Defendant/ Third Party Plaintiff. VS. TAMPA BAY SYSTEM SALES, INC. d/b/a TAMPA BAY TRANE SOUTHWEST FLORIDA TRANE, a FLORIDA CORPORATION AND TRANE U.S., INC, a FLORIDA CORPORATION, Third?Party Defendants. NOTICE OF PROPOSAL FOR SETTLEMENT COMES NOW the Defendant/Third Party Plaintiff, LOUIS BRUNO, LLC, d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company by and through their undersigned attorneys, and files this their Notice of Preposal for Settlement to Plaintiffs, CCW NAPLES INVESTMENT LLC, WINIFRIED HORSTENKAMP and CHRISTINA HORSTENKAMP, pursuant to Florida Rules of Civil Procedure 1.442 and Florida Statutes ?768.79. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E?Service to Matthew B. Devisse, Esq., at a?gares??cvklaw?nncom, Schuyler Smith, Esq. at ssmith@hamiltonmillerlaw.corn. and Brooke Beebe, Esq.at brooke.beebe@csklegal.com. Louis Bruno d/b/a Bruno Air Conditioning (via e-mail) on this 1St day of November 2018. BURANDT, ADAMSKI, FEICHTHALER SANCHEZ, P.L.L.C. Attorneys for Defendant/Third Party Plaintiff 1714 Cape Coral Parkway East Cape Coral, FL 33904 Phone: (239) 542-4733/Fax: (239) 542?9203 By: Tim Culhane, Esq. Tim Culhane Florida Bar No. 434477 Service E?Mail address: IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION CCW NAPLES INVESTMENT LLC, WINFRIED HORSTENKAMP, an individual, and CHRISTINA HORSTENKAMP, an individual, Plaintiffs, vs. CASE NO. 16-CA-347 LUIS BRUNO, LLC d/b/a BRUNO AIR CONDITIONING OF SWF L, a Florida Limited Liability Company, Defendant/Third Party Plaintiff. vs. TAMPA BAY SYSTEM SALES, INC. d/b/a TAMPA BAY TRANE SOUTHWEST FLORIDA TRANE, a FLORIDA CORPORATION AND TRANE U.S., INC, a FLORIDA CORPORATION, Third?Party Defendants. PROPOSAL FOR SETTLEMENT COMES NOW the Defendant/Third Party Plaintiff, LOUIS BRUNO, LLC, d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company and through their undersigned attorneys, and makes this Proposal for Settlement to Plaintiffs CCW NAPLES INVESTMENT LLC, WINFRIED HORSTENKAMP, and CHRISTINA HORSTENKAMP, pursuant to Florida Rules of Civil Procedure 1.442 and Florida Statutes ?768.79, and state the following: 1. The Defendant/Third-Party Plaintiff, LOUIS BRUNO, LLC, d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company shall pay the Plaintiffs CCW NAPLES INVESTMENT LLC, WINIFRIED HORSTENKAMP and CHRISTINA HORSTENKAMP the sum of THOUSAND and 00/100 2. Plaintiffs CCW NAPLES INVESTMENT LLC, WINIFRIED HORSTENKAMP and CHRISTINA HORSTENKAMP shall voluntarily dismiss any claims she may have against Defendant/Third Party Plaintiff LOUIS BRUNO, LLC, d/b/a BRUNO AIR CONDITIONING OF SWFL, a Florida Limited Liability Company with prejudice as to all past, present and future claims, which includes but is not limited to any claims arising out of any alleged services and amenities agreement. 3. Each party shall be responsible for the payment of their own attorney's fees and costs in this matter. 4. There are no punitive damages claimed in this matter. 5. This offer will act as a complete and ?nal settlement of ali issues and disputes between the parties terminating any contracts or agreements between the parties and shall be open for a time period specifically enumerated under the aforementioned statute and/or rules of civil procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-Service to Matthew B. Devisse, Esq., at Louis Bruno d/b/a Bruno Air Conditioning (via e?mail) on this 15? day of November 20l 8. BURANDT, ADAMSKI, FEICHTHALER SANCHEZ, P.L.L.C. Attorneys for the Defendant/Third Party Plaintiff 1714 Cape Coral Parkway East Cape Coral, FL 33904 Phone: (239) 542-4733/Fax: (239) 542-9203 By: Timothy Cuihane Esq. Timothy Culhane iorida Bar No. 434477 Service E-Mail address: