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Monday, December 9, 2019

Court grants motion to compel in Kissimmee timeshare seller's battle with 80-year old couple

Federal Court

By Marian Johns | Jul 28, 2019

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ORLANDO — A federal court has granted a motion to compel interrogatories and responses filed by Orange Lake Country Club in Kissimmee in a case involving a timeshare dispute with an 80-year old Illinois woman and her husband who is diagnosed with dementia and Alzheimer's.

According to the July 5 U.S. District Court for the Middle District of Florida Orlando Division filing, defendant/counterclaim-plaintiff Orange Lake Country Club Inc., petitioned the court for a motion to compel and motion to strike one of the discovery responses from plaintiff/counterclaim-defendants, Lawrence McGhiey. 

The case involves the 80-year old couple Lawrence McGhiey and his wife Norene who purchased a timeshare from Orange Lake Country Club in 2016. In July 2018 the McGhieys began to miss their payments on the timeshare which resulted in several collection letters. The McGhieys filed suit through DC Capital Law alleging Orange Lake Country Club's collection practices violate the Fair Debt Collection Practices Act and Florida's Consumer Collection Practices Act, to which the country club counterclaimed, alleging tortious interference with contract and civil conspiracy and seeking damages from DC Capital Law. 

Among the McGhieys' disclosures is a note from his treating physician stating that Lawrence McGhiey has been diagnosed with dementia in Alzheimer's since 2009. 

U.S. Magistrate Judge Thomas Smith concluded that McGhiey's health does not preclude him "from participating in discovery" because he failed to file a motion for a protective order. Smith ruled that McGhiey must provide his interrogatory answers and responses within 14 days.

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