 |
||||||||
 |
||||||||
|
||||||||
|
Builder accuses critic of mouthing off
By CHASE SQUIRES, Times Staff Writer MEADOW POINTE -- A home builder struggling to silence a vocal critic is heading back to court, claiming the man violated a judge's order. Sedgwick at Meadow Pointe attorney Karen Trafford aims to slap a contempt of court charge on Daniel Portalatin, who is both a critic and a Sedgwick customer. Her complaint, filed in Circuit Court this month, claims Portalatin violated a judge's July order barring him from making false statements about a development that builders admit has had problems. According to Trafford, Portalatin continues to harass builders, interfere with repair crews and make disparaging remarks about the townhome development built by Premier Design Homes of Florida Inc. under the Sedgwick corporate name. Portalatin said Tuesday he has not violated any part of the judge's order. The dispute began in June when Sedgwick filed a lawsuit against Portalatin to quiet his criticisms. Portalatin, 44, bought a 1,400-square-foot townhouse for $102,400 in October. He claims builders did shoddy work, including poor window installation that allowed water to leak into his home. He alleges other homeowners in the development have had similar problems. Portalatin took part in at least two resident meetings and said in June he was determined to fight Sedgwick. In her original motion, Trafford admitted that the company has had quality problems, that windows leaked and that some electrical appliances didn't work. But she said the company took immediate action to fix the problems. Her suit accused Portalatin of being potentially violent; said he harassed company employees; and said that he warned potential customers not to buy, causing buyers under contract to back out of closings while potential customers turned away. She claimed property values have been affected and "sales of new townhomes in Sedgwick have been hampered and have begun to decline dramatically." Circuit Judge Maynard Swanson in July barred Portalatin from making "false and disparaging statements," something he denied doing. On Tuesday, Portalatin's attorney Bradley Tobin said Sedgwick's complaints are "fictitious and false." He said attorneys are trying to set a hearing date for next month. When he was originally hit with the suit in June, Portalatin countered with a small claims suit against Sedgwick representative Susan Y. Carey. But earlier this month, Portalatin withdrew the complaint and noted that Carey might be included in a future suit against Sedgwick. Carey fired back with a countersuit against Portalatin, alleging defamation and claiming Portalatin interfered with her business and ran off customers, costing her sales commissions.
 © 2006 • All Rights Reserved • St. Petersburg Times
490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 
|
From the Times |
