{"id":263802,"date":"2026-05-08T18:50:08","date_gmt":"2026-05-08T18:50:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/263802\/"},"modified":"2026-05-08T18:50:08","modified_gmt":"2026-05-08T18:50:08","slug":"trial-for-restaurant-lawsuit-set-for-february-2028","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/263802\/","title":{"rendered":"Trial for restaurant lawsuit set for February 2028\u00a0\u00a0"},"content":{"rendered":"

A jury trial has been scheduled for February 2028 in a lawsuit filed against the city<\/a> by a local restaurant owner, according to court records, as the case moves forward through\u00a0early stages\u00a0of litigation.\u00a0<\/p>\n

The trial date and broader litigation schedule were set in a court order filed Jan. 7, which outlines deadlines for discovery and pretrial proceedings leading up to the jury trial\u00a0almost two years away.\u00a0<\/p>\n

The city of Apopka is also asking a judge to dismiss the lawsuit, arguing in a March 10 motion <\/a>that the claims are legally insufficient and barred under state law.\u00a0<\/p>\n

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Attorneys for the city filed the motion in Orange County Circuit Court\u00a0seeking\u00a0to throw out the complaint brought by Valerie Sparkman, owner of Just Like Momma\u2019s Soul Food and Wings LLC. The\u00a0lawsuit, filed Jan. 6<\/a>, stems from a dispute over a code enforcement action involving city employee David Whitty.\u00a0<\/p>\n

In its motion, the city argues the complaint fails on multiple legal grounds, including that Sparkman improperly brought claims individually on behalf of a corporation and did not provide enough specific facts to support the allegations.\u00a0<\/p>\n

\u201cA review of each of\u00a0Plaintiffs\u2019 counts shows that each is due to be dismissed as Plaintiffs\u2019 claims are brought by an improper party,\u201d the motion reads.\u00a0<\/p>\n

The motion cites sovereign immunity\u00a0\u2014\u00a0a legal doctrine that limits lawsuits against government entities\u00a0\u2014\u00a0arguing several of the claims, including negligence and constitutional violations, are not\u00a0permitted\u00a0under state law. The motion further characterizes parts of the complaint as a \u201cshotgun pleading,\u201d alleging it improperly combines multiple claims without clear distinction.\u00a0<\/p>\n

In addition to dismissal, the city is asking the court to strike certain\u00a0damage\u00a0claims, including those related to emotional distress.\u00a0<\/p>\n

The lawsuit alleges Whitty acted outside his authority by issuing what the plaintiff describes as an unlawful stop-work order, delaying the restaurant\u2019s renovation and causing financial losses.\u00a0The suit seeks more than $50,000 in damages, along with costs and a jury trial.\u00a0<\/p>\n

Court records show the case has continued to move forward procedurally even as the dismissal request\u00a0remains\u00a0pending. On April 29, the city filed notice that it had served its\u00a0initial\u00a0disclosures to the plaintiff \u2013 a required step in civil cases that outlines potential witnesses and evidence each side may use.\u00a0<\/p>\n

Earlier filings show the case formally progressed in January and\u00a0February, when\u00a0summonses were issued to notify the city and Whitty of the lawsuit.\u00a0<\/p>\n

\"\" <\/p>\n

Teresa Sargeant has been with The Apopka Chief for over 10 years.<\/p>\n

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