Case Number:2014CA001302
DEFENDANTS.
————-~
I
COMPLAINT
Filing# 15354794 Electronically Filed 06/27/201405:17:37 PM
IN THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA
JORDAN RUPERT
and CASE NO. 2014 CA – – – – – MYRA RUPERT
PLAINTIFFS, v.
ALFRESCO ACQUISITIONS, LLC, BELLA COLLINA PROPERTY OWNERS ASSOCIA TION, INC., RANDALL F. GREENE, CHRISTINA M. GREENE
and
DCS CAPITAL INVESTMENTS, LLC
Plaintiffs, Jordan Rupert and Myra Rupert (“Plaintiffs”), sue Defendants· Alfresco Acquisitions, LLC (“Alfresco”), Bella Collina Property Owners Association, Inc. (“Bella Collina POA”), Randall F. Greene (“Randall Greene”), Christina M. Greene (“Christina Greene”), and DCS Capital Investments, LLC (“DCS”) (collectively “Defendants”), and allege:
GENERAL ALLEGA TIONS
- Plaintiffs are both Florida residents residing in Lake County, Florida.
- Randall Greene and Christina Greene are both Florida residents residing in Lake County, Florida.
- Alfresco is a Florida limited liability company with a principal address in Lake County, Florida.
- DCS is a Florida limited liability company with a principal address in Palm Beach County, Florida.
- Randall Greene is a member of DCS.
***FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***
- On or about September 23, 2011, Alfresco acquired title to real property more paiiicularly described as: Lot 383, Bella Collina, according to the map or plat thereof as recorded in Plat Book 51, Page 31, Public Records of Lake County, Florida (“Pendio Property”) .
- On or about September 23, 2011, Alfresco acquired title to the Pendio Prope1iy by a quitclaim deed recorded on January 3, 2012 at Official Records Book 4110, Page I088, ofthePublicRecordsofLakeCounty,Florida(“AlfrescoDeed”). Atrueandaccurate copy of the Alfresco Deed is attached hereto as Exhibit “A” and incorporated herein.
- On August 21, 2012, Plaintiffs filed an action against Alfresco and William Boylan, designated Lake County Case Number 2012 CA 2916 (“2012 Lawsuit”). Plaintiffs sought, in part, a constructive trust against the Pendio Property. Plaintiffs filed a Notice of Lis Pendens on the same day Plaintiffs filed Plaintiffs’ complaint. A true and accurate copy of the Notice of Lis Pendens is attached hereto as Exhibit “B” and incorporated herein.
- On November 5, 2013, the Comi in the 2012 Lawsuit entered an order appointing a receiver for the Pendio Property for the pendency ofthe 2012 Lawsuit. Pursuant to the November 5, 2013 order, the Court stated that Daniel P. Natoli was appointed as receiver of the Pendio Prope1iy, and Daniel P. Natoli was instructed to take complete possession of the Pendio Property on behalf of the Court. .”
10. On January 8, 2014, Bella Collina POA filed a Motion to Intervene in the 2012 Lawsuit, citing Bella Collina POA ‘ s alleged legal or equitable interest in the Pendio Property.
11. On April 22, 2014, Plaintiffs filed a Motion for Summary Final Judgment in the 2012 Lawsuit. In part, Plaintiffs sought a final judgment on Plaintiffs’ request for a constructive trust in Plaintiffs’ favor on the Pendio Property.
12. Bella Collina POA and Alfresco claim they executed a settlement agreement (“Alfresco Settlement”). DCS ‘ s counsel at the time o f the Alfresco Settlement informed Plaintiffs ‘ former counsel that, within the Alfresco Settlement, Alfresco agreed to transfer the Pendio Property to Bella Collina POA or DCS by quitclaim deed. Per DCS’s counsel, the agreed transfer of the Pendio Prope1iy was explicitly subject to Plaintiffs’ interest in the Pendio Property.
13. On April 28, 2014, after receiving notice of Plaintiffs’ pending Motion for Summary Judgment and with actual knowledge of Plaintiffs’ interest in the Pendio Prope1iy, Alfresco executed a quitclaim deed purp01iing to convey the Pendio Property to DCS (“DCS Deed”). The DCS Deed was recorded on June 4, 2014, at Official Records Book 4484, Page 2240 of the Public Records of Lake County, Florida. A true and accurate copy ofthe DCS Deed is attached hereto as Exhibit “C” and incorporated herein.
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- On May 5, 2014, Bella Collina POA filed a Notice of Withdrawal of Motion to Intervene in the 2012 lawsuit. In Bella Collina POA’s Notice of Withdrawal of Motion to Intervene, Bella Collina POA acknowledged that the DCS Deed was subject to Plaintiffs’ interest in Pendio Property. A true and accurate copy of the Notice of Withdrawal of Motion to Intervene is attached hereto as Exhibit “D” and incorporated herein.
- On May 30, 2014, DCS executed a quitclaim deed purporting to transfer the Pendio Property from DCS to Randall Greene and Christina Greene (“Greene Deed”). The Greene Deed was recorded on June 4, 2014, at Official Records Book 4484, Page 2242 ofthe Public Records ofLake County, Florida. A true and accurate copy ofthe Greene Deed is attached hereto as Exhibit “E” and incorporated herein.
- On June 10, 2014, the Court rendered a Paiiial Summary Final Judgment in the 2012 Lawsuit (“Ruperts’ Judgment”). In the Ruperts’ Judgment, the Court imposed a constructive trust on the Pendio Property that related back to September 23, 2011. The Court further ordered that the Plaintiffs were declared the fee simple owners of the Pendio Property retroactive to September 23, 2011, and the Plaintiffs’ ownership was “free and clear of any right, title, interest, estate, claim or equity from Defendants, William Boylan, Rosa Boylan and Alfresco Acquisitions LLC, or any persons claiming by, through or under them…” The Ruperts’ Judgment was recorded on June 16, 2014, at Official Records Book 4489, Page 2467 of the Public Records of Lake County, Florida. A true and accurate copy ofthe Ruperts’ Judgment is attached hereto as Exhibit “F” and incorporated herein. ”
- Subsequent to the order appointing a receiver for the Pendio Property, the Court in the 2012 Lawsuit did not authorize any transfer or possession ofthe Pendio Prope1iy until the Ruperts’ Judgment was rendered. COUNT I
UNIFORM FRAUDULENT TRANSFER ACT - This is an action for equitable and other relief under the Florida Uniform Fraudulent Transfers Act, Florida Statutes Section 726.101 et seq.
19. Plaintiffs reallege paragraphs one (1) through seventeen (17) and incorporate them herein by reference.
20. Alfresco, Bella Collina POA, Randall Greene, Christina Greene, and DCS engaged in fraudulent acts in fu1iherance of a fraudulent scheme to prevent the Plaintiffs from taking possession of the Pendio Property.
21. As set forth in the Rupe1is’ Judgment, the Plaintiffs provided Alfresco funds to purchase the Pendio Property, but Alfresco titled ownership ofthe Pendio Property in Alfresco’s name only. Alfresco knowingly made intentional misrepresentations of
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material fact to the Plaintiffs to induce the Plaintiffs to provide the funds for the purchase of the Pendio Property.
- At the time Plaintiffs filed the 2012 Lawsuit seeking a constructive trust on the Pendio Property, Alfresco owned the Pendio Prope1iy.
- On January 8, 2014, Bella Collina POA filed a Motion to Intervene in the 2012 Lawsuit, citing Bella Collina POA’s alleged legal or equitable interest in the Pendio Prope1iy.
- While the 2012 Lawsuit was pending, Bella Collina POA and Alfresco executed the Alfresco Settlement. At that time, counsel for Bella Collina POA and DCS agreed to become counsel for Alfresco to assist Alfresco in defending the Pendio Property from the Plaintiffs’ claims.
- Defendants had actual knowledge of the 2012 Lawsuit, and Defendants had actual knowledge that Plaintiffs were seeking possession ofthe Pendio Property. Defendants had actual knowledge that Plaintiffs had filed a Lis Pendens on the Pendio Property.
- In February 2014, Randall Greene contacted Plaintiffs about purchasing Plaintiffs’ interest in the Pendio Property.
- On March 5, 2014, Randall Greene met with Plaintiffs to discuss Plaintiffs’ interest in the Pendio Property. At that time, Plaintiffs refused to convey Plaintiffs’ interest in the Pendio Property to Greene or DCS. ”
- DCS’s counsel at the time of the Alfresco Settlement informed Plaintiffs’ former counsel that, within the Alfresco Settlement, Alfresco agreed to transfer the Pendio Property to Bella Collina POA or DCS by quitclaim deed. Per DCS’s counsel, the agreed transfer of the Pendio Property was explicitly subject to Plaintiffs’ interest in the Pendio Prope1iy.
- On April 22, 2014, Plaintiffs filed a Motion for Summary Final Judgment in the 2012 Lawsuit. In part, Plaintiffs sought a final judgment on Plaintiffs’ request for a constructive trust in Plaintiffs’ favor on the Pendio Property.
- On April 28, 2014, after receiving notice of Plaintiffs’ pending Motion for Summary Judgment and with actual knowledge of Plaintiffs’ interest in the Pendio Property, Alfresco executed the DCS Deed, which attempted to convey the Pendio Property to DCS.
- The DCS Deed was executed because Plaintiffs refused to transfer Plaintiffs’ interest in the Pendio Property to Greene or DCS. The DCS Deed was designed to prevent Plaintiffs from asserting Plaintiffs’ claim to the Pendio Property.
- On May 5, 2014, Bella Collina POA filed a Notice of Withdrawal of Motion to Intervene in the 2012 lawsuit. In Bella Collina POA’s Notice ofWithdrawal ofMotion
4
to Intervene, Bella Collina POA acknowledged that the DCS Deed was subject to Plaintiffs’ interest in the Pendio Property.
- 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.
- Despite the assertion in the Bella Collina POA’s Notice of Withdrawal of Motion to Intervene that the DCS Deed was subject to Plaintiffs’ interest in the Pendio Property, neither the DCS Deed nor the Greene Deed included language stating that the conveyance was subject to Plaintiffs’ interest in the Pendio Prope1iy.
- The Greene Deed was executed because Plaintiffs refused to transfer Plaintiffs’ interest in the Pendio Property to Greene or DCS. The Greene Deed was designed to prevent Plaintiffs’ from asserting Plaintiffs claim to the Pendio Prope1iy.
- On June 10, 2014, the Court in the 2012 Lawsuit entered judgment ordering that Plaintiffs were declared the fee simple owners of the Pendio Property retroactive to September 23, 2011, and Plaintiffs’ ownership was “free and clear of any right, title, interest, estate, claim or equity from Defendants, William Boylan, Rosa Boylan and Alfresco Acquisitions LLC, or any persons claiming by, through or under them…”
- At the time Alfresco executed the DCS Deed, all the Defendants were fully cognizant ofthe 2012 Lawsuit premised on Alfresco’s fraud, and Plaintiffs’ interest in the Pendio Property.
- At the time DCS executed the Greene Deed, all the Defendants were fully cognizant of the 2012 Lawsuit premised on Alfresco’s fraud, and Plaintiffs’ interest in the Pendio Property.
- The Court in the 2012 Lawsuit had appointed a receiver for the Pendio Property prior to both the DCS Deed and the Greene Deed. All of the Defendants had actual knowledge that the Court in the 2012 Lawsuit had appointed a receiver for the Pendio Property. The Comi in the 2012 Lawsuit never authorized the DCS Deed or the Greene Deed, and, although the Pendio Property was subject to court ordered receivership, none of the Defendants sought the Court’s approval of such transfers.
- All of the Defendants acted with intent to hinder, delay and defraud Plaintiffs, as creditors of Alfresco, through the transfers of the Pendio Property.
- The transfer of the Pendio Property from Alfresco to DCS is a fraudulent transfer in violationofFla. Stat.§ 726.105.
- The transfer of the Pendio Property from DCS to Randall Greene and Christina Greene is a fraudulent transfer in violation ofFla. Stat. § 726.105.
- Plaintiffs are entitled to relief under Fla. Stat. § 726.108.
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WHEREFORE, Plaintiffs, Jordan Rupert and Myra Rupert, demand judgment against Defendants Alfresco Acquisitions, LLC Bella Collina Property Owners Association, Inc., Randall F. Greene, Christina M. Greene, and DCS Capital Investments, LLC, for:
- Avoidance of the transfer of the Pendio Property to DCS, and avoidance of the transfer from DCS to Randall Greene and Christina Greene through whatever means the Comi deems proper under Florida law;
- An injunction against fmiher disposition or assignment ofthe Pendio Property; and,
- Such other and further relief as the Court deems just and proper.
Dated this2.·7 day of June, 2014.
PLAINTIFFS’ DEMAND FOR A JURY TRIAL
Plaintiffs demand a jury trial for all issues so triable.
BOWEN & SCHROTH, P.A.
Attorneys for Plaintiffs
600 Jennings Avenue
Eustis, Florida 32726
Primary E-mail: dschroth@brslegal.com Secondary E-mail: ahasselbring@brslegal.com and zbroome@brslegal.com
Telephone (352) 589-1414 Facsimile (3’52) 589-1726
r No. 00352070 RYT. BROOME
6
INSTRUMENT#: 2012000162 OR BK 4110 PG 1088 PAGES: 2 1/3/2012 1:01:48 PM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT
REC FEES: $18.50 DEED DOC:$6475.00
Prepared by and return to:
Eric T. Salpeter, Esq.
Salpeter Gitkin LLP
200 S. Andrews Ave. Suite 503 Fort Lauderdale, FL 33301 954-467-8622
File Number: 624.026
_ _ _ _ _ _ _ _ !Space Above This Linc For Recording Data)_ _ _ _ _ _ _ _ _ _ _ _
Warranty Deed
This Warranty Deed made this ~dayof September, 201 I between Mark R. Lye and Lisa J. Lye, husband and wife whose post ofiice address is 209 Bayfront Drive, Bonita Springs, FL 34134, Grantor, and Alfresco Acquisitions, LLC, a Florida limited liability company whose post office address is 200 S. Andrews Ave, Suite 503, Fort Lauderdale, FL 33301, Grantee:
(Whenever used herein the terms “grantor” and “grantee” include all the panics to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/I 00 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee’s heirs and assigns forever, the following described land, situate, lying and being in Lake County, Florida to-wit: . .
Lot 383, BELLA COLLINA, according to the map or plat thereof as recorded in Plat Book 51, Page 31, Public Records of Lake County, Florida.
Parcel Identification Number: 12-22-26-050000038300
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 3 I, 2010.
EXHIBIT
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INSTRUMENT# 2012000162 OR BOOK 4110/P AGE 1089 PAGE 2 o f 2
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
State of_->=~A~~—- County of_ _ _._,_-~—-
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DOUGLAS A. ROTMAN NOTARY PUBLIC STATE OF IDAHO
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The foregoing instrument was acknowledged before me 1hi.21_ day of September, 2011 by Lisa J. Lye, who ( ~
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as identification.
RICHARD R. WIGHTMAN
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INSTRUMENT#: 2012088605 OR BK 4204 PG 1865 PAGES: 2 8/24/2012 11:45:21 AM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT
REC FEES: $0.00
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA
JORDAN RUPERT and MYRA RUPERT, Plaintiffs,
vs.
WILLIAM BOYLAN, individually. and ALFRESCO ACQUISITIONS, LLC, a Limited Liability Company
Case No.:
‘·
f2_e,A-ffi\ LP
Defendants.
NOTICE OF LIS PENDENS
TO DEFENDANTS, WILLIAM BOYLAN and ALFRESCO ACQUISITIONS, LLC, a Limited Liability Company, AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
(a) The Plaintiff has instituted this action against you seeking to impose a
constructive trust, and seeking relief for breach of an oral agreement, fraud and unjust enrichment, with respect to the property described below;
- (b) The Plaintiff in this action is Jordan Rupert and Myra Rupert;
- (c) The case number of the action is as shown in the caption. The time of filing is
noted on the file stamp above.
(d) The property that is the subject matter of this action is in Lake County, Florida, and is described as follows:
LOT 383, BELLA COLLINA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 31, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
EXHIBIT B
~1~l~t1t1
1
INSTRUMENT#
2012088605 OR BOOK
4204/P AGE 1866 PAGE 2
o f 2
Dated:
August~, 2012
Respectfully submitted,
g ,Esq. Florida Bar . 0113141
MERIDETH C. NAGEL, P.A. 450 East Hwy 50, Suite 4 Clermont, Florida 34711 (352) 394-7408 (telephone) (352) 394-7298 (facsimile)
service@mnagellaw.com
2
INSTRUMENT#:2014060749 OR BK 4484 PG 2240 PAGES: 2 6/4/2014 10:21:13 AM N E I L KELL Y , LAKE COUNTY CLERK OF THE C I R C U I T COURT
REC FEES: $18.50 DEED DOC:$0.70
Prcoared by and return lq:
James D•.Ryan
Rynn Law Group, LLC
636 U.S. Highway One, Suite llO North Palm Bench, Florida 33408
_ _ _ _ _ _ _ _ _ _ _ _ _ _ Space Above This Linc For Recording Duta]
Quit Claim Deed
Tb;, Qu• CJa;m Dood modo th;, ? f{‘d•y of ~I/( • 2014 botwooo A lfr”‘° Aoqu;,;tton” LLC, a Florida limited liability company, whose posl office address is 13900 Country Road 455, Suite 107, Clermont, Florida 34711, grantor, and DCS Capital Investments, LLC, a Florida limited Liability Company whose address is 505 S. Flagler Drive, Suite 900, West Palm Beach, Florida 33401, grantee:
(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)
Witnesseth, that said granter, for and in consideration of the sum TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee’s heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in the County ofPalm Beach, State ofFlorida, to wit:
Lot 383, BeUa Collina, according to the plat thereof as recorded in Plat Book 51, Page 31 of the Public Records ofLske County, Florida.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of granters, either in law or equity, for the use, benefit and profit of the said grantee forever.
THIS QUITCLAIM DEED IS BEING PREPARED AS AN ACCOMMODATION WITHOUT THE BENEFIT OF A TITLE SEARCH.
(This space intentionally left blank) (Signature, Witness and Notary page to follow)
EXHIBIT
lC,
INSTRUMENT# 2014060749 OR BOOK 4484/PAGE 2241 PAGE 2 of 2
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In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
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STATE/COMJvlONWEALTH OF
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On \\£{“\\7-<t\l_0\Lj ,beforeme, K&\Q-.–~-Ga…i~,aN\ltaryPublicinandfor saidCoun~/ParishandState/Commonwealth,personallyappeared 3~ ‘IR\?D\\-‘<;~
@OlliiTIYknown to ~(orproved to me on the basis ofsatisfactory evidcl1£) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisn1er/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
My Commission Expires: “”1\1\0-.XC\i\. ffi,20\S
[Seal]
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~~&.:~}MY COMMISSION if. EE072354
‘•’f.9[;•,lffe EXPIRES March 09. 2015 (407) 3Sll·0153 P!ondaNotaryServk:e.cam !
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Alfres
By: A esco Holdings, LLC By: William Boylan, Manager
a1
(S,.I)
JORDAN RUPERT and MYRA RUPERT, Plaintiff,
Vs.
WILLIAM BOYLAN, et al.,
Defendants.
Filing# 132654JO Electronically Filed 05/05/2014 12:56:25 PM
NOTICE OF WITHDRA\VAL OF MOTION TO INTERVENE
COivfES NOW, Bella Collina Property O\\rner’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:
1. Bella Collina Property Owner’s Association, Inc. filed its Motion to Intervene on
January 8, 2014 (D.E. 85).
2. Bella Coliina POA has since entered into a settlement agreement with Alfresco
Acquisitions, LLC. \.Vhereby Alfresco Acquisitions delivered a quit claim deed to the property to Bella Collina POA’s designee subject to the claim by Plaintiffs.
WHEREFORE, Bella Collina POA hereby withdraws its Motion to Intervene.
I HEREBY CERTIFY a true and correct copy of the foregoing has been sent by electronic mail this 5th day of May, 2014 to Joseph Alexander, Esq., Attorney for Plaintiffs, at jalexander(a).pcba-law.com and Defendants at billbovlan@mac.com.
EXHIBIT
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RYAN LAW GROUP, LLC
Attorneys for Bella Collina POA
636 U.S. Highway 1, Ste. 110 North Palm Beach, FL 33408 Tel: (561) 881-4447
Fax: /”.f.881-4461 BX;~~—
Iy11chael J. Ry~n, Esquire a(Bar No.: 012075
~kervan32645@vahoo.com [ ] James D. Ryan, Esquire Fla. Bar No.: 976751 jdr({_V,ryan1awgro up. net
***FILED: LAKE COUNTY. FL NEIL KELLY. CLERK***
lN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT fN AND FOR LAKE COUNTY , FLORIDA
CASE NO.: 2012-CA-2916
INSTRUMENT#:2014060750 OR BK 4484 PG 2242 PAGES: 2 6/4/2014 10:21:13 AM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT
REC FEES: $18.50 DEED DOC:$0.70
Prepared bv and return to: /<–/~~ James D. Ryan ~
Ryan Law Group, LLC
636 U.S. Highway One, Suite IIO
North Palm Beach, Florida 33408
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Space Above This Line For Recording Data]_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Quit Claim Deed
This Quit Claim Deed made this ;il2 day of , 2014 between DCS Capital Investments, LLC, a Florida limited liability company, whose post office addre sis 505 South Flagler Drive, Suite 900, West Palm Beach, Florida 33401, grantor, and Randall F. Greene and Christina M. Greene, husband and wife, whose post office address is 6485 Sparrow Hawk Drive, West Palm Beach, Florida 33412.
(Whenever used herein the terms “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, trnsts and trnstees)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/JOO DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee’s heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in the County of Palm Beach, State ofFlorida, to wit:
Lot 383, Bella Collina, according to the plat thereof as recorded in Plat Book 51, Page 31 of the Public Records of Lake County, Florida.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever.
THIS QUITCLAIM DEED JS BEING PREPARED AS AN ACCOMMODATION WITHOUT THE BENEFIT OF A TITLE SEARCH.
(This space intentionally left blank) (Signature, Witness and Notary page to follow)
EXHIBIT
INSTRUMENT# 2014060750 OR BOOK 4484/PAGE 2243 PAGE 2 of 2
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Print: ‘5’/!.61111)
DCS Capital Investments, LLC, a Florida limited liability company
COUNTY~ARlSHOF_.~-‘-‘~-‘-‘-_,_~Q=e>t.=-:~=-~-“‘~-
ST A TE/COMMONWEAL TH OF _ _f~-l~o-..r~~-Z_cfl_._…._.___ _
On J;lt~ :3 tP )O /LL, before me, T ~ ;:2. le_~ <—– , a Notary Public in and for · aci.<:lfand State/Commonweal!h, personally appeareciP A–V l ~S ~t\.A….o—. ..s. ___ personally
(or proved to me on the basis ofsatisfactory evidence) to be the person(s) whose name(s) is/are scriberl-fft-Hle.,./ tlril strument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
[Seal]
JAMES0. RYAN
MY COMMISSION# EE 130554
EXPIRES: September 20, 2015 Bonded Tl\ru Notary Public Undeiwriters
INSTRUMENT#:2014065316 OR BK 4489 PG 2467 PAGES: 5 6/16/2014 11:31:22 AM NEIL KELLY, LAKE COUNTY CLERK OF THE CIRCUIT COURT
REC FEES: $0.00
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA
JORDAN RUPERT and MYRA RUPERT,
Plaintiffs,
v.
WILLIAM BOYLAN, individually, and ALFRESCO ACQUISITIONS, LLC, a Limited Liability Company,
Defendants.
PARTIAL SUMMARY FINAL JUDGMENT
This cause having come to be heard before the Court on June 10, 2014 on Plaintiffs Motion for Sμmrnary Final Judgment with incorporated Meip.orandurn of Law and .the Court having considered the same together with the pleadings, docmnents, affidavits filed herein and the Court being fully and properly advised in the premises, the Court hereby finds:
A. The real property at issue in this matter is described as:
LOT 383, BELLA COLLINA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 31, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
(“Property”).
- This Court has subject matter jurisdiction and personal jurisdiction over this action.
- Venue is proper in Lake County, Florida.
- On or about September 23, 2011, Plaintiffs deposited $913,100.29 (Nine Hundred
Thirteen Thousand One Hundred and 291100 Dollars) into an account for Alfresco Acquisitions for the purchase ofthe Property.
E. On September 23, 2011, the Property was conveyed to Alfresco Acquisitions, by virtue of that Warranty Deed from Mark R. Lye and Lisa J. Lye, dated September 23, 2011, and recorded on January 3, 2012 in Official Records Book 4110, Page 1088, in the Public Records of
EXHIBIT H:\Joseph\CllENTSlftupeit. Jordan· lake 2013—027!\Ple E
CASE NO. 2012-CA-002916
INSTRUMENT# 2014065316 OR BOOK 4489/P AGE 2468 PAGE 2 o f 5
Lake County, Florida.·
F. Purchase price of the Property from Mr. and Mrs. Lye was $925,000.00, of which
the Plaintiffs paid $913;100.29.
G. Upon closing the Property was titled in the name of Defendant, Alfresco
Acquisitions, LLC and the Property has not been titled in the name ofthe Plaintiffs.·
H. Plaintiffs were relying on, and placed. trust .and repose in, Defendant, William Boylan, in his individual capacity and in his capacity as Manager and Owner of Alfresco
Acquisitions, LLC.
I. William Boylan, individually and in his capacity as Manager and Owner of Alfresco
Acquisitions, LLC, held himselfout as acting in the best interests and on behalfofthe Plaintiffs and established a confidential relationship with the Plaintiffs.
J. The Plaintiffs acted upon their reliance of the actions, promises and representations of Defendant, William Boylan, individually and in his capacity of Manager and Owner ofAlfresco Acquisitions, LLC.
K. The Defendants, William Boylan and Alfresco Acquisitions, LLC, knowingly made intentional and material misrepresentations of fact, and the Plaintiffs relied upon these misrepresentations in deciding to provide the money for the purchase ofthe Property.
L. The Plaintiffs have established an equitable right to the Property.
M. The Defendants have been unjustly enriched by their actions and by retaining .ownership and possession ofthe Property purchased with the Plaintiff’s money.
N. The Plaintiffs have been damaged, as they did not receive the Property or tlie monetary equivalent ofthe Property, despite paying $913,100.29 to the Defendants for the purchase of the Property. In addition, pre-judgment interest has accrued at the statutory rates: (i) 9/22/2011- 9/30/2011, (6%) in the amount of $1,350.90; (ii) 10/1/2011-3/28/2014, (4.75%) in the amount of $108,016.47; 3/29/2014-6/10/2014, (4.75%) in the amount of $8,793.28. In addition, there may be additional damages due to the Plaintiffs.
0. The Defendants have vacated and abandoned possession of the Property and the Court previously appointed a receiver to manage the Property pending this action.
P. It is· inequitable for the Defendants to retain the benefits of ownership of the Property.
Q. There is no genuine issue of material fact, and Plaintiff is entitled to judgment as a
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matter oflaw.
Therefore, as a result ofthe foregoing, it is hereby ORDERED AND ADJUDGED that:
- That this Court has proper jurisdiction o f these matters and the parties to this action.
- The equities are with the Plaintiff and against the Defendants and there exists no
adequate legal remedy.
3. As to Count II (Unjust Enrichment) and Count III (Fraud and Intentional
Misrepresentation), the Court hereby grants Partial Final Judgment as to liability, in favor of the
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Plaintiff and against the Defendants, William Boylan and Alfresco Acquisitions LLC.
· 4. The Plai~tiffs’ Motion for Summary Judgment as to Count IV (Constructive Trust) is hereby granted. The Defendants would be unjustly enriched if allowed to retain the title to-the Property and, therefore, the Plaintiff has shown by clear and convincing evidence that they are
entitled to the imposition o f a constructive trust upon the Property.
5. .A constructive trust is hereby imposed in favor of the Plaintiffs upon the real
property· more particularly described as:
Lot 383, Bella Collina, according to the map or plat thereof as recorded in Plat Book 51, Page 31, Public Records of Lake County, Florida
(“Property”). For which let execution immediately issue.
6. The constructive trust upon the Property imposed herein by this Court, relates back to the date of conveyance of the Property to the Defendant, ALFRESCO ACQUISITIONS, LLC, to wit: September 23, 2011. The relation back to the date of the conveyance shall occur due to the specific circumstances of the matter, in addition to factual findings of the Court, including without limitation:
(a) the overwhelming portion ofthe purchase price was paid by the Plaintiffs;
(b) the Plaintiff has been deprived of the benefit of ownership of the Property since the conveyance to Alfresco Acquisitions, LLC; and
(c) there are expenses on the Property which have not been paid since Alfresco Acquisitions, LLC.took title to the Property and the Plaintiffs will be presumably be responsible for upon receiving title to the Property, by virtue ofthis Partial Final Judgment.
7. (a) As a result of the imposition of the constructive trust, JORDAN RUPERT and MYRA RUPERT, husband and wife, are hereby declare_d as the fee simple owners and title holders of the Property effective, retroaetively, as of September 23, 2011, free and clear of any right, title,
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interest, estate, claim or equity from Defendants, William Boylan, Rosa Boylan and Alfresco Acquisitions LLC, or any persons claiming by, through or under them or any person claiming any interest in said real estate or other property and fixtures since the filing ofthe Notice ofLis Pendens herein.
(b) 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.
8. As to the First Affirmative Defense, Summary Judgment is granted in favor of the Plaintiffas it has been established that the Defendants made misrepresentations ofpast and existing facts and had no intention ofperforming the promises made.
9. As to the Second Affirmative Defense and Third Affirmative Defense, Summary Judgment is granted in favor of the Plaintiff as the causes of action for breach of contract and unjust enrichment were brought in the alternative ofone another, and this Partial Summary Judgment does not award damages, nor find liability, for breach ofcontract.
10. As to the Fourth Affirmative Defense, Summary Judgment is granted in favor ofthe
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Plaintiff as it is legally insufficient as it is merely a denial as to the allegations of damages. Further, the Fourth Affirmative Defense has been factually refuted as the danmges are distinct from damages that would have occurred simply from delay o f sale.
- The Plaintiffs’ address is 16735 Royal Palm Drive, Groveland, Florida 34736.
- The Defendant, Alfresco Acquisitions, LLC, last known address was: 13900 CR
455, Suite 107, Clermont, Florida 34711.
13. The Defendants, William Boylan and Rosa Boylan, last known address was: 15019 Pendio Drive, Montverde, Florida 34756.
14. The Court reserves jurisdiction of this matter for all purposes, including without limitation to determination of damages for Count II and Count III, including without limitation to those damages which were incurred by the Plaintiff during the ownership and possession of the Property by the Defendants, and determination of liability and damages with relation to the remaining counts.
15. The Court reserves jurisdiction of this entire matter, to enter any further orders that may be equitable, appropriate and just.
DONE AND ORDERED in Chambers in Tavares, Lake County, Florida this / ( )
day of
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June, 2014.
MARKJ.HILL CIRCUIT JUDGE .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ‘was furnished by · electronic service to: Joseph N. Alexander, Esquire, Potter Clement Bergholtz Alexander, 308 E. Fifth A ve., Mt. Dora, FL 32757 and jalexander@pcba-law.com ; William Boylan/Alfresco Acquisitions LLC/Rosa Boylan at billboylan@mac.com ; Michael J. Ryan, Esquire, mtkeryan32645<@yahoo.com;on this /() day ofJune, 2014.
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2 Responses
Only to serve Dwight Schar, a group of crooks got together to continue their wicked operations. That is correct. The management looks to be acting in a mafia-like manner, neglecting their homeowners.