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NEW PORT RICHEY - A judge on Tuesday entered a default judgment against Richard Milburn Academy, setting up the possibility that eviction papers soon could be served on the charter school.
Counsel Square Professional Center, which leases space to Richard Milburn Academy, now must decide what to do with the default judgment. The owners of the office park, on Little Road across from the West Pasco Judicial Center, could move to evict the charter school.
That appeared to be a possibility Tuesday afternoon.
"Richard Milburn Academy is out of here," said Tampa lawyer Stanford Solomon, who represents Counsel Square.
Solomon then tempered his position. "I need to stress: We don't want to inconvenience anyone. We want to do the right thing."
Everything, he said, depends on Richard Milburn Academy, a charter school catering to 53 students at risk of dropping out.
The school can avoid eviction proceedings by agreeing to settle a dispute over construction costs, Solomon said. But if the school doesn't act now, he said, then Counsel Square will move forward with the eviction "in the next few days."
"They've left us no choice," he said.
Robert Crosby, president of the Massachusetts-based charter school corporation that runs Richard Milburn Academy, vowed to appeal the default judgment.
"We're going to respond legally," he said.
Counsel Square last month sued Richard Milburn Academy over disputed rent payments. The charter school is refusing to make monthly payments on $131,000 in improvements made to Counsel Square to accommodate Richard Milburn Academy, the lawsuit alleges. The school has continued to pay the base rent amount.
Crosby said Counsel Square is overcharging for "build-out" costs. He said the two sides were about $40,000 apart before Counsel Square sued.
"We would certainly like to settle this," Crosby said, "but not on their terms."
The default judgment entered Tuesday by Circuit Judge Stanley Mills had nothing to do with the facts of the case. Rather, the judge's decision turned on procedural grounds - namely, that the charter school failed to file a response to the allegations within five days, as required by law.
Mary Taylor, a lawyer who took the school's case last week, asked Mills on Tuesday for more time to file a response.
"It's important for the case to be decided on the merits," she said.
Mills said he had no choice.
"I think my marching orders are to do what the Legislature tells me," the judge said, but he indicated he might reconsider his ruling.
The judge's ruling left Pasco County School District officials scrambling to figure out what to do in the event of an eviction.
Charter schools are publicly funded but privately run. The idea is to give parents and communities the ability to open their own public schools.
Assistant superintendent Sandy Ramos said the district would likely lease space to Richard Milburn Academy temporarily. The students would attend classes at night in one of the county's high schools, she said.
Eviction also could prompt district officials to revoke Richard Milburn Academy's charter, she said. But Ramos doesn't think it will come to that.
"They should have some financial reserves," she said. Richard Milburn Academy is one of the nation's largest charter school corporations, with programs in at least nine states.
Said Crosby: "We're planning to keep that school open. That school serves a special niche of at-risk high school kids in Pasco County."