Similar to a shot across the bow, Holmes Beach may be sending a message to Shawn Kaleta in the Bob and Ellen McCaffrey case — the first Bert Harris case to challenge the city’s vacation rental ordinances in court.
The city filed a motion June 11 asking the 12th Circuit Court to hold Kaleta in contempt and compel him to provide records, pay costs and fees, as well as a “coercive fine” for failing to bring the requested documents to his deposition three days earlier.
Kaleta was out of town but his attorney returned fire.
Louis Najmy of Najmy and Thompson said the motion is something the Kaleta camp will defend and counter-attack.
The builder/developer of about 70 vacation homes in Holmes Beach since 2012, as well as numerous others on Anna Maria Island, Longboat and Siesta keys, was selected by the McCaffreys to testify at trial as an expert because of his knowledge of building practices, before and after the vacation rental ordinances at issue were adopted by the city.
The attorney for the city subpoenaed Kaleta to a deposition and ordered him to bring documents, including closing documents from the last five years.
“To be sure, Mr. Kaleta did not produce a single document in response to the 15 categories of documents sought in the subpoena — none” — from the June 11 motion, wrote Jay Daignaeult for the city. He is with the Trask Daigneault law firm of Clearwater, attorneys assigned by the city’s insurer, Florida Insurance Municipal Trust.
“It’s a frivolous motion and it will be defended as such,” wrote Najmy in a June 14 text response, adding he expects to file for sanctions, including attorneys’ fees.
Kaleta and wife Jennifer Kaleta hold interests in various properties in Holmes Beach, where they’ve filed Bert Harris claims, including several in queue for trials against the city.
There are 54 total Bert Harris claims against the city with $25 million in losses claimed for devalued investment property, including14 lawsuits alleging $6 million in losses.
The McCaffreys — represented by Fred Moore of Blalock Walters — say the city destroyed their reasonable investment-back expectations and retirement savings with some of its vacation rental ordinances.
Their case is set for Judge Lon Arends’ July 16 two-week trial docket but, according to the McCaffreys’ attorney Fred Moore of Blalock Walters, another continuance is expected.
