LAWSUITS
Plaintiffs amended motion for class certification and supporting memorandum (part 2)
Plaintiffs, CS Business Systems, Inc. and James L. Shelton, by and through the undersigned,
and pursuant to Federal Rule of Civil Procedure 65(a) and in compliance with Local Rule 4.05
and 4.06, seek a preliminary injunction, stating as follows:
Dwight Schar & Paul Simonson Bella Collina 2018 sale are a disastrous failure
Bella Collina, a remote community located 40 to 60 minutes away from downtown Orlando, is owned by Dwight Schar and managed by Paul E. Simonson, Dwight Schar’s right-hand finance guy.
15 Randall Greene Accused of Stealing a House
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written
6 class action lawsuit against Bella Collina (Part 6 of 15)
With less than two months left for the election, the Plaintiffs discovered that the conspirators, in a desperate attempt to maintain a strangle hold on the POA
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COMES NOW, Bella Collina Property Owrner’s Association, Inc. (hereinafter “Bella Collina POA”), by and through its undersigned attorney and files this Notice of Withdrawal of its Motion to Intervene, and states:
Bella Collina Sign Discrimination & Controversy
Bella Collina HOA and POA are solely and fully controlled by Dwight Schar who was banned for life from the NFL
1 class action lawsuit against Bella Collina
Plaintiffs, by and through their undersigned counsel, hereby sue the above-captioned Defendants, alleging that they conspired to illegally seize control of the Bella Collina Property Owners Association, Inc., a Florida Nonprofit Corporation (Hereinafter the ‘”POA”).
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The Court reserves jurisdiction of this entire matter, to enter any further orders that may be equitable, appropriate and just.
13 class action lawsuit against Bella Collina (Part 13 of 15)
The POA and its officers and directors have a fiduciary duty to lot owners and POA members as set forth in Florida Statutes, 720.303( I), which duty includes the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
12 class action lawsuit against Bella Collina (Part 12 of 15)
This conspiracy to perform the acts described in herein, to monopolize this market and to restrain the development and resale of the lot owners’ property violates the Florida Antitrust Act of 1980.
Federal Class Action Against Bella Collina – amended (page 1 of 4)
Plaintiffs, CS Business Systems, Inc., James L. Shelton, Virginia Shelton, Brad Heckenberg, and Lana Heckenberg (collectively “Plaintiffs”), by and through the undersigned, pursuant to Fed. R. Civ. P. 23, move for class certification of the instant proceeding,
12 Randall Greene Accused of Stealing a House
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
5 Randall Greene Accused of Stealing a House
On May 30, 2014, DCS executed a quitclaim deed purporting to transfer the Pendio Property, in its entirety, from DCS to Randall Greene and Christina Greene.
Federal Class Action Against Bella Collina – amended (page 3 of 4)
“The typicality requirement in Fed. R. Civ. P. 23 measures whether a sufficient nexus exists between the claims of the named representatives and those of the class at large.
First amendment to the second amended and restated declaration of covenants, condition, and restrictions for Bella Collina
WHEREAS, Declarant and POA previously executed that certain Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina, recorded April 18, 2005 in Official Records Book 2810, Page 722, of the Public Records of Lake County, Florida, as the same may be amended from time to time (collectively, the “CC&Rs “);
James L. Shelton and Virginia L. Shelton, plaintiffs, v. Dwight C. Schar
This cause is before the Court following review of the Declaration of Michael D. Crosbie Regarding Revised Assessment of Attorney Fees Incurred (Doc. 233), filed May
19 Randall Greene Accused of Stealing a House
Pursuant to Rule 1.570(d), Florida Rules of Civil Procedure, this judgment has the effect of a duly executed conveyance and transfer that is recorded in the County where this judgment is recorded.
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(Whenever used herein Lhe tenns “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives, and assigns o f individuals, and the successors and assigns o f corporations, trusts and trustees)
14 class action lawsuit against Bella Collina (Part 14 of 15)
The Conspirators have contractual duties and duties related to covenants contained in the governing documents and the covenant of good faith and fair dealing implicit in every contractual relationship to lot owners and POA members as manifested in Florida Statutes, 720.303(1 ), which duties include the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
4 Randall Greene Accused of Stealing a House
At the time Plaintiffs filed the 2012 Lawsuit seeking a constructive trust on the Pendio Property, Alfresco owned the Pendio Prope1iy.
Plaintiffs’ amended motion for class certification and supporting memorandum
Plaintiffs, CS Business Systems, Inc., James L. Shelton, Virginia Shelton, Brad Heckenberg, and Lana Heckenberg (collectively “Plaintiffs”), by and through the undersigned, pursuant to Fed. R. Civ. P. 23, move for class certification of the instant proceeding, basing their Amended Motion on the facts and authorities set forth in the following memorandum of law, incorporated fully herein.
Amended and restated bylaws of Bella Collina property owner’s association, INC.
These are the Bylaws of Bella Collina Property Owner’s Association, Inc. (“Association”) as duly adopted by its Board of Directors (“Board”). The Association is a corporation not for profit, organized pursuant to Chapter 617, Florida Statutes.