A jury trial has been scheduled for February 2028 in a lawsuit filed against the city by a local restaurant owner, according to court records, as the case moves forward through early stages of litigation. 

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 almost two years away. 

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

Attorneys for the city filed the motion in Orange County Circuit Court seeking to throw out the complaint brought by Valerie Sparkman, owner of Just Like Momma’s Soul Food and Wings LLC. The lawsuit, filed Jan. 6, stems from a dispute over a code enforcement action involving city employee David Whitty. 

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. 

“A review of each of Plaintiffs’ counts shows that each is due to be dismissed as Plaintiffs’ claims are brought by an improper party,” the motion reads. 

The motion cites sovereign immunity — a legal doctrine that limits lawsuits against government entities — arguing several of the claims, including negligence and constitutional violations, are not permitted under state law. The motion further characterizes parts of the complaint as a “shotgun pleading,” alleging it improperly combines multiple claims without clear distinction. 

In addition to dismissal, the city is asking the court to strike certain damage claims, including those related to emotional distress. 

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

Court records show the case has continued to move forward procedurally even as the dismissal request remains pending. On April 29, the city filed notice that it had served its initial disclosures to the plaintiff – a required step in civil cases that outlines potential witnesses and evidence each side may use. 

Earlier filings show the case formally progressed in January and February, when summonses were issued to notify the city and Whitty of the lawsuit.