Complaint & Demand for Jury Trial

IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA

 

CASE NO: 

 

PHILIP REDACTED

Plaintiff,

 

vs.

 

REDACTED, INC.,

REDACTED JR,

Defendants.

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COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, Philip Redacted, files this Complaint against the Defendants, Redacted, and states that he is entitled to relief based upon the following:

  1. Plaintiff is an individual residing in Marion County, Florida.

  2. Redacted, Inc. was a Florida corporation that, upon information and belief, was dissolved on about October 4, 2002.  William C. Redacted, Jr. and Jane Redacted are listed as directors of said dissolved corporation; as such, because the corporation continued to do business after the date of dissolution, William C. Redacted, Jr. and Jane Redacted are personally liable for its acts.  Both William C. Redacted, Jr. and Jane Redacted are believed to be Florida residents and knew of should have known of the corporation’s dissolution.

  3. This is an action for damages exceeding $15,000.00 exclusive of interest, costs and attorney’s fees.

  4. Marion County is the appropriate venue for this action because the property which is the subject of this suit is located in Marion County, Florida and the causes of action alleged herein occurred in Marion County, Florida.

  5. Upon information and belief, Redacted Builders, Inc. and Redacted entered into a subcontract agreement (“Subcontract”) pursuant to which Redacted was to provide and furnish certain labor, materials, tools, supplies, equipment, services, facilities, supervision, and/or administration necessary for the proper and complete performance and acceptance of certain work at the Plaintiff’s home (the “Project”).  None of the Defendants were in privity with the Plaintiff.

  6. John B. Redacted is also believed to be a Florida resident and was an agent or apparent agent of Redacted, Inc.

  7. All conditions precedent to maintaining this action have occurred, been performed, waived or excused.

COUNT I – FRAUDULENT LIEN AGAINST ALL DEFENDANTS

Plaintiff re-alleges paragraphs 1 through 7 above as fully set forth herein.

  1. On January 6, 2006, the Defendants executed (either personally or via the dissolved corporate name of Redacted, Inc.), under oath and subject to penalties for perjury, a claim of lien stating that as of said date that Defendants had earned, but was unpaid, the sum of $603.55 for work performed on the Project.

  2. A copy of this sworn claim of lien is attached hereto as Exhibit 1 and is incorporated herein.

  3. Plaintiff further alleges that said claim of lien (Exhibit 1) was recorded on January 25, 2006, which date is reflected in the recording information appearing at the upper right corner of the document.  That document states that the last items of work furnished by Defendants was “on April 13, 2005” and that the amount unpaid is $603.55.

  1. The Defendants have no entitlement to assert a claim of lien because the claim of lien was recorded more than 90 days after Defendants’ last day of work, as sworn to in the claim of lien.  See Fla. Stat. Sec. 713.08(5).  The claim of lien was approximately 9 months after the Defendants’ last day of work on the project as specified in the attached Exhibit 1.
  2. Additionally, the Defendants have no entitlement to a claim of lien because they never provided a Notice to Owner to the Plaintiff.  See the last sentence of the attached Exhibit 1, wherein information regarding the date a Notice to Owner was served was willfully (or, at a minimum through gross negligence) not completed.  
  3. Defendants’ claim of lien is fraudulent because it was complied with such willful and gross negligence as to amount to a willful exaggeration, as specified in the previous two paragraphs.
  1. Plaintiff has been damaged as a consequence of the Defendants having recorded a fraudulent claim of lien on the Project, including but not limited to those damages specified by Florida Statute §713.31, including, but not limited to, attorneys’ fees incurred for seeking to have the fraudulent claim of lien discharged and the costs of this litigation and any fees, costs and the like expended in having to transfer the lien to a security.

WHEREFORE, Plaintiff demands judgment against the Defendants for damages including interest, costs, punitive damages (as specified by Florida Statute §713.31), any lien transfer costs (for example those as specified by Florida Statute §713.24) and attorneys’ fees and expert witness fees.  In addition, Plaintiff requests that this Court enter declaratory judgment stating that the Defendants’ claim of lien is null and void.  Further, to the extent the lien has been transferred to a security, the Plaintiff requests that this Court enter an order discharging said sums to the custody of the Plaintiff.

COUNT II – SLANDER OF TITLE AGAINST ALL DEFENDANTS

Plaintiff re-alleges paragraphs 1 through 14 above as fully set forth herein.

  1. Defendants’ recordation of its claim of lien on January 25, 2006 (approximately 9 months after Defendants’ last day of work on the project) in the public records of Marion County, Florida constitutes communication with third parties concerning the quality of Plaintiff’s title and ownership interest in the property at issue.

  2. Said statement is a disparagement on the title of Plaintiff and the property at issue.

  3. Said statement is untrue as the Defendants are not entitled to enforce said claim of lien.

  4. Plaintiff has suffered damages as a result of the Defendants making said disparaging statements, including but not limited to and any fees, costs and the like expended in having to transfer the lien to a security.

WHEREFORE, Plaintiff demands judgment against the Defendants for damages including interest, costs, punitive damages (as specified by Florida Statute §713.31), any lien transfer costs (for example those as specified by Florida Statute §713.24) and attorneys’ fees and expert witness fees.  In addition, Plaintiff requests that this Court enter declaratory judgment stating that the Defendants’ claim of lien is null and void.  Further, to the extent the lien has been transferred to a security, the Plaintiff requests that this Court enter an order discharging said sums to the custody of the Plaintiff.

 

DEMAND FOR JURY TRIAL

Plaintiff demands jury trial by all of issues so triable.

DEMAND FOR ATTORNEYS’ FEES

Plaintiff has been required to retain undersigned counsel to represent them in this matter and to pay undersigned counsel a reasonable attorneys’ fee.  Defendants are responsible for such fees pursuant to the terms of the Florida Statute §§ 713.29, 713.31 and Florida law.

 

Dated this 16th day of May, 2006.

 

 

 

 


Michael Massey

Fla. Bar. No. 153680