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ES, INC... Case #:
a Florida for-profit corporation
Plaintity, section/Judge:
vo.
JESSE N
INOR and KIRK GOODLESS,
Defendants.
Flaintiff sues the Defendants and states the following:
GENERAL ALLEGATIONS
1. Plaintiff, American Classic Bullders, Inc. is a Florida corporation whose principle place of
business is in Manatee County, Florida.
This Court has subject matter jurisdiction under Chapter 34, Florida Statutes (2011).
3. Venue is proper under Chapter 47, Florida Statutes (2011), because this action involves title
to real property located in Sarasota County.
COUNT |— LIEN FORECLOSURE AS TO JESSE MINOR
4. Flaintitt repeats and realleges each and every material allegation set forth in paragraphs 1
through 3 hereinabove and incorporates the samme by reference.
5 This is an action to foreclose a construction lien under Chapter 713, Florida Statut
es (2011).
6. Defendant JESSE MINOR is the owner of the following real property which is located in
oarasota County, Florida, whose address is 4712 Mink Road, Sarasota, Florida:
Lot 401 and the North 3 feet of Lot 402, DESOTO LAKES UNIT NO, 7
SUBDIVISION, according to the plat thereof, as recorded in Flat Book 8, Page
T2i, of the Public Records of Sarasota County, Florida.
iff ffurished labor Services and T aterials | necessary
ribed in Paragraph 6 of this complaint.
5. Plaintiff has performed all of its obligations under the Agreement.
9. All of the labor, services and materials under the Agreement have been incorporated into the
improvement which was constructed on the property.
10. On February 21, 2012, Plaintiff fled its Claim of Lien for 32,720.00, of which $890.00 remains
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 1 of 11due and owing. The Claim of Lien was recorded in the Public Record of Sarasota County as
Instrument Number 2012021662. A copy of the Claim of Lien is attached hereto and
incorporated herein as “Exh
14. On April 16, 2012, Defendant filed a Notice of Contest of Lien. The Notice of Contest of Lien
was recorded 7 a Public Record of sarasota County as instrut r — Number 201 2047843,
laintiff has demanded payment, but to no avail.
Maintiff is due $890.00, together with additional amounts according to Florida law
vat this Court:
WHEREFORE, Plaintif respecttully requests t
A. Enter a Final Judgment adjucicating that Plaintiff
Property in the amount of $890.00;
has a construction lien against the
B. ff payment of such amount is not made to Plaintiff, order the Property be sold at a
judicial sale in accordance with the law:
C. Should a deficiency occur after application of the proceeds of the sale, grant to Plaintiff
a deficiency decree against Defendant:
OD. Award Plaintiff its reasonable attorney's fees and costs incurred in this action;
E. Grant all other relief which is necessary and just under the circumstances.
COUNT Il — LIEN FORECLOSURE AS TO KIRK GOODLESS
. Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1
‘Brence.
through 3 hereinabove and incorporates the same by refer
16. This is an action to foreclose a construction lien under Chapter 713, Florida Statutes (2011).
47. Defendant KIRK GOODLESS is the owner of the following real property which is located in
Sarasota County, Florida, whose address is 6379 VWoodbirch Place, Sarasota, Florida:
LOT 6, BENEVA OAKS II, AS PER PLAT THEREOF RECORDED IN PLAT BOOK
33, PAGE 14, 144 THROUGH 14C, INCLUSIVE, OF THE PUBLIC RECORDS OF
SARASOTA COUNTY, FLORIDA.
and Defendant entered into an oral agreement
vices and materials necessary
fant.
18. On or after November 3, 2011, Plaintiff
(hereinafter “Agreement’} whereby Plaintiff furnished labor, ser
to complete certain improvements to the Property described in Paragraph 17 of this comp
19. Plaintiff has performed all of its obligations under the Agreement.
20. All of the labor, services and materials under the Agreement have been incorporated inta the
5
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 2 of 11improvement which was constructed on the property.
21.0n February 21, 2012, Plaintit filed its Claim of Lien for $5,480.00. of which $3.011.00
remains due and owing. The Claim of Lien was recorded in the Public Record of Sarasota
County as Instrument Number 2012021664. A copy of the Claim of Lien is attached hereto
and incorporated herein as “Exhibit C.”
22. On April 16, 2072, Defendant filed a Notice of Contest of Lien. The Notice of Contest of Lien
was recorded in the Public Record of Sarasota County as Instrument Number 2012047844.
A copy of the Notice of Contest of Lien is attached hereto and incorporated herein as “Exhibit
23. Plaintit has filed this action within sixty (60) days of the service of the Notice of Contest of
Lien.
24. Plainti? has demanded payment, but to no avail.
F. Enter a Final Judgment adjudicating that Plaintiff has a construction lien against the
Property in the amount of $3,071.00:
G. if payment of such amount is not made to Plaintiff, order the Property be sold at a
judicial sale in accordance with the law:
H. Should a deficiency occur after application of the proceeds of the sale, grant to Plaintiff
a deficiency decree against Defendant;
|. Award Plaintiff its reasonable attorney's fees and costs incurred in this action;
J. Grant all other relief which is necessary and just under the circumstances.
MINOR
25. Plaintiff repeais and realleges each and every material allegation set forth in paragraphs 1
through 3 hereinabove and incorporates the same by reference.
2?. Prior to this action, with the knowledge and assent of Defendant, Plaintiff furnished labor,
services and matenals necessary ta complete certain improvements to the Property described
in Paragraph 6 of this complaint.
26, Plaintif has been obligated to incur additional costs to pursue this action,
Plainiitt asserts that the reasonable value for ts labor, services and matenais, together with
additional amounts according to Florida law, is not less than $890.00 nor more than
29.
30, 4s a result of the acceptance of funds, goods, or services from Plaintiff by Defendant,
Defendant knowingly and voluntarily accepted the benefits conferred by the Flaintrt.
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 3 of 1131. The failure of Defendant to pay the Plaintiff ihe sums due and owing has caused the
Defendant to be unjusily enriched at the expense of the Plaintiff.
32. lt would be inequitable for Defendant to retain the benefit of the funds, goods, or services
received by Defendant without paying Plaintit.
WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of
$590.00 together with interest and costs and, to the extent entitled, attorney’s fees plus other
relief which is necessary and just under the circumstances.
COUNT IV — UNJUST ENRICHMENT AS TO JESSE MINOR
33. Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1
through 3 hereinabove and incorporates the same by reference.
34. Prior to this action, with the knowledge and assent of Defendant, Flaintit furnished labor,
services and materials necessary to complete ceriain improvements to the Property described
in Paragraph 6 of this complaint.
35. As a result of the acceptance of funds, goods, or services from Plaintif by Defendant,
Defendant knowingly and voluntarily accepted the benefits conferred by the Plaintiff.
36. Plaintiff asserts that the reasonable value for its labor, services and materials, together with
additional amounts according to Florida law, is not less than $890.00, nor more than
$15,000.00.
has caused the
37. The failure of Defendant to pay the Plaintiff the sums due and owing
Defendant to be unjustly enriched at the expense of the Flaintiff.
38.1 It would be 2 nequiae for Defendant t to ere 1 the benefit of the funds, goods, or services
WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of
$890.00 together with interest and costs and, to the extent entitled, attorney's fees plus other
relief which ig necessary and just under the circumstances.
COUNT V— QUANTUM MERUIT AS TO KIRK GOODLESS
39. Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1
through 3 hereinabove and incorporates the same by reference.
AQ. Prior ta this action with the 9 knowisge 3 ane assent _ Defendant, | Pl fain furnished labor,
in n Paragraph 1 17 of this ¢ comp laint.
44. Plaintiff has been obligated to incur additional costs to pursue this action.
4? Plaintiff asserts that the reasonable value for its labor, services and materials, together with
additional amounts accoreding to Florida law, is not less than $3,011.00 nor more than
$15,000.00.
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 4 of 1143. As a result of the acceptance of funds, goods, or services from Plaintiff by Defendant,
Defendant knowingly and voluntarily accepted the benefits conferred by the Flaintit.
44. The failure of Defendant to pay the Plaintiff the sums due and owing has caused the
Defendant to be unjustly enriched at the expense of the Plaintiff.
45 lt would be inequitable for Defendant to retain the benefit of the funds, goods, or services
received by Defendant without paying Plaintht,
WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of
$3,011.00 together with interest and costs and, to the extent entitled, attorney's fees plus other
relief which is necessary and just under the circumstances.
COUNT Ii — |
46. Plaintiff repeats and realleges each and every material allegation set for
through 3 hereinabove and incorporates the same by reference.
in paragraphs 1
47. Prior to this action, with the knowledge and assent of Defendant, Plaintiff furnished labor,
services and materials necessary to complete certain improvements to the Property described
in Paragraph 17 of this complaint.
48. As a result of the acceptance of funds, goods, or services from Plaintiff by Defendant,
Defendant knowingly and voluntarily accepted the benefits conferred by the Plaintiff.
49. Plaintiff asserts that the reasonable value for its labor, services and materials, together with
additional amounts according to Florida law, is not less than $3,071.00, nor more than
$15,000.00.
50. The failure of Defendant to pay the Plaintiff the sums due and owing has caused the
Defendant to be unjustly enriched at the expense of the Plaintitt.
51. It would be inequitable for Defendant to retain the benefit of the funds, goods, or services
received by Defendant without paying Plaintiff.
WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of
3,011.00 together with interest and costs and, to the extent entitled, attorney's fees plus other
ralief which is necessary and just under the circumstances.
Plaintitt/Plaintiff's Attorney
PO BOA 340244
AMPA FL S3694
PHONE (613) 379-7162
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 5 of 11Slcnask Oy: [ees Oaend: OE - eae wpe Tree lope
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BEAL. PROPERTY LISTED HEREIN, LINLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TQ |
| SHORTEN THE TIME PERIOD, THIS LIEN May REMAIN VALID FOR ONE YEAR FROM THE DATE OF |
| RECORDING, AND SHALL EXPIRE ANE BECOME NULL AND VOID THEREAFTER UNLESS LEGAL |
| PROCEEDINGS MAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. |
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Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 6 of 11KOREN. RUSHING. iY,
CLERK OF THE CIRCUIT COURT
Fh “ILLER Recele ipttlaBowe
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od rican Classic Builders)
4506 Lake Fox Place
Parish, PL 34219
You are notifved that the undersigned contests the claim of lien filed by you on February 21,
2012, and recorded im the Official Record Book Instrument # 2012021662, of the public records of
Sarasota County, Florida, and that the time within which you may file suit to enforce your lien is limited
to sixty (60) days from the date of service of this notice.
Dated this day of Apnl, 2012.
ESSE MINOR
4712 Mink Road
Sarasota, Florida 34235
STATE OF FLORIDA
RI IBED before me, this Ve day of April, 2012, by JESSE MINOR,
duced a pope drivers beense as identification.
ot pedi toned
SPR SA name of notary or
nas been mailed by certified mail et TehuN receipt
Copy hereof h
requested to: Brett Sloat (Americar Classic Builde *). 4506 Lake Fox Place, Parrish, FL 34219
___ day of April, 2012.
Witness my hand and official Seal of said Court this _
Clerk of the Court
2 SATIS ENE OLLI EMIS
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 7 of 11I IEREBY CERTIFY that a true copy ¢ af the foregoing NOTIC OF CONTEST OF
ned by U.S. Mail to:
EN E. RUSHING
CLERK OF THE CIRCUIT COURT
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 8 of 11Sp ealy Ser RR a a Sr. ie Po:
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RBREN E. RUSHING
CLERK OF THE SIRRUIT COURT
SARASOTA COUNTY FLORID
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THIS LEGAL DOCUMENT REFLEC 7s THAT & CONST UES 10M WIEN HAS SEEN ALLACED ON THE - i
| REAL PROPEATY LISTED HEREIN. UNLESS THE OWNER OF SLUIGH PROPERTY TASES ACTION TO |
| SHORTEN THE TIME PERIOR, THIS LIEN MAY REMAIN VALIO FOR ONE YEAR FROM THE DATE OF
RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOI THEREAFTER UNLESS LEGAL |
PROCEEDINGS HAVE BEEN COMMENCED Wa FORECLOSE © OR TO) DISCHARGE THES LIEN, :
COUNTY OF
Sefore me, the undersigned Notary Public, personally appeared BEET
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on the following described real property in SABRASOTA Cownty, Stare of Ft onea
(Describe real property sufficiently for identification, inclading streer and number. if known)
KIRKE Goopliss —
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Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 9 of 11Cloates P. Seif, Ea,
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NOTICE OF CONT!
To: Erett Sloat (American Classic Builders}
4506 Lake Fox Place
Parrish, FL 34219
ien filed by you on February 21,
nent # / 9012021664, of the public records of
hen is limited
You are notified tha
2012, and recorded in the Official ‘Record Book Tnstrun
Sarasota County, Florida, and that the time within which you may file suit to enforce your
to sixty (60) days from the date of service of this notice.
Dated this 7 day of April, 2012.
i STATE OF FLORIDA,
_ day of Apmil, 2012, by KIE
ed oa Florida driver's licen
CORN TO ANE? ARIBEID behore me, this 4
GOODLESS. who j is “personally known to me or whe has produc
identification. fo
_> Tetum receipt
KAREN E. RUSHING
Clerk of the Court
By:
Deputy Clerk
Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 10 of 11|HEREBY CERTIFY?
‘that a true c copy ¢ af ine foregoing NOTIC OF CONTEST OF
LIEN has been furnished by U.S. Mail to:
eek oy RUS! ING
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Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 11 of 11
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ES, INC... Case #: a Florida for-profit corporation Plaintity, section/Judge: vo. JESSE N INOR and KIRK GOODLESS, Defendants. Flaintiff sues the Defendants and states the following: GENERAL ALLEGATIONS 1. Plaintiff, American Classic Bullders, Inc. is a Florida corporation whose principle place of business is in Manatee County, Florida. This Court has subject matter jurisdiction under Chapter 34, Florida Statutes (2011). 3. Venue is proper under Chapter 47, Florida Statutes (2011), because this action involves title to real property located in Sarasota County. COUNT |— LIEN FORECLOSURE AS TO JESSE MINOR 4. Flaintitt repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 hereinabove and incorporates the samme by reference. 5 This is an action to foreclose a construction lien under Chapter 713, Florida Statut es (2011). 6. Defendant JESSE MINOR is the owner of the following real property which is located in oarasota County, Florida, whose address is 4712 Mink Road, Sarasota, Florida: Lot 401 and the North 3 feet of Lot 402, DESOTO LAKES UNIT NO, 7 SUBDIVISION, according to the plat thereof, as recorded in Flat Book 8, Page T2i, of the Public Records of Sarasota County, Florida. iff ffurished labor Services and T aterials | necessary ribed in Paragraph 6 of this complaint. 5. Plaintiff has performed all of its obligations under the Agreement. 9. All of the labor, services and materials under the Agreement have been incorporated into the improvement which was constructed on the property. 10. On February 21, 2012, Plaintiff fled its Claim of Lien for 32,720.00, of which $890.00 remains Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 1 of 11due and owing. The Claim of Lien was recorded in the Public Record of Sarasota County as Instrument Number 2012021662. A copy of the Claim of Lien is attached hereto and incorporated herein as “Exh 14. On April 16, 2012, Defendant filed a Notice of Contest of Lien. The Notice of Contest of Lien was recorded 7 a Public Record of sarasota County as instrut r — Number 201 2047843, laintiff has demanded payment, but to no avail. Maintiff is due $890.00, together with additional amounts according to Florida law vat this Court: WHEREFORE, Plaintif respecttully requests t A. Enter a Final Judgment adjucicating that Plaintiff Property in the amount of $890.00; has a construction lien against the B. ff payment of such amount is not made to Plaintiff, order the Property be sold at a judicial sale in accordance with the law: C. Should a deficiency occur after application of the proceeds of the sale, grant to Plaintiff a deficiency decree against Defendant: OD. Award Plaintiff its reasonable attorney's fees and costs incurred in this action; E. Grant all other relief which is necessary and just under the circumstances. COUNT Il — LIEN FORECLOSURE AS TO KIRK GOODLESS . Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1 ‘Brence. through 3 hereinabove and incorporates the same by refer 16. This is an action to foreclose a construction lien under Chapter 713, Florida Statutes (2011). 47. Defendant KIRK GOODLESS is the owner of the following real property which is located in Sarasota County, Florida, whose address is 6379 VWoodbirch Place, Sarasota, Florida: LOT 6, BENEVA OAKS II, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGE 14, 144 THROUGH 14C, INCLUSIVE, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. and Defendant entered into an oral agreement vices and materials necessary fant. 18. On or after November 3, 2011, Plaintiff (hereinafter “Agreement’} whereby Plaintiff furnished labor, ser to complete certain improvements to the Property described in Paragraph 17 of this comp 19. Plaintiff has performed all of its obligations under the Agreement. 20. All of the labor, services and materials under the Agreement have been incorporated inta the 5 Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 2 of 11improvement which was constructed on the property. 21.0n February 21, 2012, Plaintit filed its Claim of Lien for $5,480.00. of which $3.011.00 remains due and owing. The Claim of Lien was recorded in the Public Record of Sarasota County as Instrument Number 2012021664. A copy of the Claim of Lien is attached hereto and incorporated herein as “Exhibit C.” 22. On April 16, 2072, Defendant filed a Notice of Contest of Lien. The Notice of Contest of Lien was recorded in the Public Record of Sarasota County as Instrument Number 2012047844. A copy of the Notice of Contest of Lien is attached hereto and incorporated herein as “Exhibit 23. Plaintit has filed this action within sixty (60) days of the service of the Notice of Contest of Lien. 24. Plainti? has demanded payment, but to no avail. F. Enter a Final Judgment adjudicating that Plaintiff has a construction lien against the Property in the amount of $3,071.00: G. if payment of such amount is not made to Plaintiff, order the Property be sold at a judicial sale in accordance with the law: H. Should a deficiency occur after application of the proceeds of the sale, grant to Plaintiff a deficiency decree against Defendant; |. Award Plaintiff its reasonable attorney's fees and costs incurred in this action; J. Grant all other relief which is necessary and just under the circumstances. MINOR 25. Plaintiff repeais and realleges each and every material allegation set forth in paragraphs 1 through 3 hereinabove and incorporates the same by reference. 2?. Prior to this action, with the knowledge and assent of Defendant, Plaintiff furnished labor, services and matenals necessary ta complete certain improvements to the Property described in Paragraph 6 of this complaint. 26, Plaintif has been obligated to incur additional costs to pursue this action, Plainiitt asserts that the reasonable value for ts labor, services and matenais, together with additional amounts according to Florida law, is not less than $890.00 nor more than 29. 30, 4s a result of the acceptance of funds, goods, or services from Plaintiff by Defendant, Defendant knowingly and voluntarily accepted the benefits conferred by the Flaintrt. Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 3 of 1131. The failure of Defendant to pay the Plaintiff ihe sums due and owing has caused the Defendant to be unjusily enriched at the expense of the Plaintiff. 32. lt would be inequitable for Defendant to retain the benefit of the funds, goods, or services received by Defendant without paying Plaintit. WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of $590.00 together with interest and costs and, to the extent entitled, attorney’s fees plus other relief which is necessary and just under the circumstances. COUNT IV — UNJUST ENRICHMENT AS TO JESSE MINOR 33. Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 hereinabove and incorporates the same by reference. 34. Prior to this action, with the knowledge and assent of Defendant, Flaintit furnished labor, services and materials necessary to complete ceriain improvements to the Property described in Paragraph 6 of this complaint. 35. As a result of the acceptance of funds, goods, or services from Plaintif by Defendant, Defendant knowingly and voluntarily accepted the benefits conferred by the Plaintiff. 36. Plaintiff asserts that the reasonable value for its labor, services and materials, together with additional amounts according to Florida law, is not less than $890.00, nor more than $15,000.00. has caused the 37. The failure of Defendant to pay the Plaintiff the sums due and owing Defendant to be unjustly enriched at the expense of the Flaintiff. 38.1 It would be 2 nequiae for Defendant t to ere 1 the benefit of the funds, goods, or services WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of $890.00 together with interest and costs and, to the extent entitled, attorney's fees plus other relief which ig necessary and just under the circumstances. COUNT V— QUANTUM MERUIT AS TO KIRK GOODLESS 39. Plaintiff repeats and realleges each and every material allegation set forth in paragraphs 1 through 3 hereinabove and incorporates the same by reference. AQ. Prior ta this action with the 9 knowisge 3 ane assent _ Defendant, | Pl fain furnished labor, in n Paragraph 1 17 of this ¢ comp laint. 44. Plaintiff has been obligated to incur additional costs to pursue this action. 4? Plaintiff asserts that the reasonable value for its labor, services and materials, together with additional amounts accoreding to Florida law, is not less than $3,011.00 nor more than $15,000.00. Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 4 of 1143. As a result of the acceptance of funds, goods, or services from Plaintiff by Defendant, Defendant knowingly and voluntarily accepted the benefits conferred by the Flaintit. 44. The failure of Defendant to pay the Plaintiff the sums due and owing has caused the Defendant to be unjustly enriched at the expense of the Plaintiff. 45 lt would be inequitable for Defendant to retain the benefit of the funds, goods, or services received by Defendant without paying Plaintht, WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of $3,011.00 together with interest and costs and, to the extent entitled, attorney's fees plus other relief which is necessary and just under the circumstances. COUNT Ii — | 46. Plaintiff repeats and realleges each and every material allegation set for through 3 hereinabove and incorporates the same by reference. in paragraphs 1 47. Prior to this action, with the knowledge and assent of Defendant, Plaintiff furnished labor, services and materials necessary to complete certain improvements to the Property described in Paragraph 17 of this complaint. 48. As a result of the acceptance of funds, goods, or services from Plaintiff by Defendant, Defendant knowingly and voluntarily accepted the benefits conferred by the Plaintiff. 49. Plaintiff asserts that the reasonable value for its labor, services and materials, together with additional amounts according to Florida law, is not less than $3,071.00, nor more than $15,000.00. 50. The failure of Defendant to pay the Plaintiff the sums due and owing has caused the Defendant to be unjustly enriched at the expense of the Plaintitt. 51. It would be inequitable for Defendant to retain the benefit of the funds, goods, or services received by Defendant without paying Plaintiff. WHEREFORE, Plaintiff, demands judgment against the Defendants for the sum of 3,011.00 together with interest and costs and, to the extent entitled, attorney's fees plus other ralief which is necessary and just under the circumstances. Plaintitt/Plaintiff's Attorney PO BOA 340244 AMPA FL S3694 PHONE (613) 379-7162 Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 5 of 11Slcnask Oy: [ees Oaend: OE - eae wpe Tree lope Claim of Li eas INTY FL ST oa - Rasa jeceipt#l4 70823 ‘fRid. Saattaean Preganed bes / tune: BRETT Scoe8T Pease Fe. Bees 4 - Preegary Appraers Parr’ txicaeeten eines . i x Petiw Maabertel: TELAT * SPACE ABOVE THOS LINE BIR PROCESSED IAT, TOO men SE ATINE, THEY LIME BEE BS NINA N IRIAN IADR ALIN OI eroeer oe te EM CREEP TOE FHS Lato elh. DOCUMENT REELECTS THAT & CONSTRUCTION LIEN MAS BEEN PLACED OR THE BEAL. PROPERTY LISTED HEREIN, LINLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TQ | | SHORTEN THE TIME PERIOD, THIS LIEN May REMAIN VALID FOR ONE YEAR FROM THE DATE OF | | RECORDING, AND SHALL EXPIRE ANE BECOME NULL AND VOID THEREAFTER UNLESS LEGAL | | PROCEEDINGS MAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. | LA NATALIA Sori WENA x cacreensaananananananananananananananccesnacre terol ert. «aE R Cte Re LEMME Ee RE IRIS Henor furnished labor, services or materials consisting af 2 (Deseribe specially fabricated materiaix separately} Label AUD A4aTEAL ALS Uwe sitet pesto {0189s cthvend tt Ms RPE ss ° ame? Pee = OODLE NIELSEN LORELEI SIE i Conary, Sate of an the fulowing descended real property in fHesecribe real property sufficiently for sentification, 1, incheding Sree! and amber, if known} TESSE. Mio. WZ. ATHAK B®. SARASOTA FL. S235 HM ANRRALINS a6 dollars ie Spcace rR wee TERE: aan Fe Pils eit secanowenesenee e 2120, evn ’ and furnished the frrat of the Meme oe . x . ond {if ee er FP EEL LE OS LILO LEDER PSE EEE COLA I EELV LICE PPE LEPL LENSE ALS Siesta SET TiN x , 3 8 x x S s y ¥ ® $ w g . i aR sa ws x = ma hes ames ai whe: wR aN: = i i re Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 6 of 11KOREN. RUSHING. iY, CLERK OF THE CIRCUIT COURT Fh “ILLER Recele ipttlaBowe viihin GRAD Shersin ihr Grom Sante utr or meson my me em mmm rm eg aed ht se ahi AIR LORE ATR DER BAERS IR SOLE OLE NN A SERS LE AE EE AREA SEEDERS ALS EBA EELOS CR ALG AAR SELON NERA LLNS LR LL EE EE TE EEE EE EE EE EE EE EE ES BT od rican Classic Builders) 4506 Lake Fox Place Parish, PL 34219 You are notifved that the undersigned contests the claim of lien filed by you on February 21, 2012, and recorded im the Official Record Book Instrument # 2012021662, of the public records of Sarasota County, Florida, and that the time within which you may file suit to enforce your lien is limited to sixty (60) days from the date of service of this notice. Dated this day of Apnl, 2012. ESSE MINOR 4712 Mink Road Sarasota, Florida 34235 STATE OF FLORIDA RI IBED before me, this Ve day of April, 2012, by JESSE MINOR, duced a pope drivers beense as identification. ot pedi toned SPR SA name of notary or nas been mailed by certified mail et TehuN receipt Copy hereof h requested to: Brett Sloat (Americar Classic Builde *). 4506 Lake Fox Place, Parrish, FL 34219 ___ day of April, 2012. Witness my hand and official Seal of said Court this _ Clerk of the Court 2 SATIS ENE OLLI EMIS Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 7 of 11I IEREBY CERTIFY that a true copy ¢ af the foregoing NOTIC OF CONTEST OF ned by U.S. Mail to: EN E. RUSHING CLERK OF THE CIRCUIT COURT Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 8 of 11Sp ealy Ser RR a a Sr. ie Po: Ramin tar fresioes ili adiiiaind. dteaapnd srtedirgee) ve AU bh ano FER F] 10: ag oe RBREN E. RUSHING CLERK OF THE SIRRUIT COURT SARASOTA COUNTY FLORID CEABLETO Receipritisyoges CLOTS LORS TLIB rm Thiv deicemeret. Breparad by: Meme: BESTE Sade Praperep Aipoeincn: Paacel Idenewiticuaes. Fixe Muembertel: Shai Ally TIRES LINE POR PROCESSES — on A OE THES LENE PO REC KMDANES A THIS LEGAL DOCUMENT REFLEC 7s THAT & CONST UES 10M WIEN HAS SEEN ALLACED ON THE - i | REAL PROPEATY LISTED HEREIN. UNLESS THE OWNER OF SLUIGH PROPERTY TASES ACTION TO | | SHORTEN THE TIME PERIOR, THIS LIEN MAY REMAIN VALIO FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOI THEREAFTER UNLESS LEGAL | PROCEEDINGS HAVE BEEN COMMENCED Wa FORECLOSE © OR TO) DISCHARGE THES LIEN, : COUNTY OF Sefore me, the undersigned Notary Public, personally appeared BEET OREO OIOA : mio wey daly sen and soys that fe is (the dienor Rerein} (the agent of the lienar herein) (DELETE € OME re ; an Ae i: en ie ian wat ke Cox pL, “PaairsH ines aids Somes ehtos AI a Ra a RR RENE SETETO CCH INTHIO CDENH EME ZURyNnTNReRAeenensoaansnsoananansancneres unin. BS 2 ARQ » ma? TER MS on the following described real property in SABRASOTA Cownty, Stare of Ft onea (Describe real property sufficiently for identification, inclading streer and number. if known) KIRKE Goopliss — fot7qQ WoepRiicw Fe, ShRasera , Ct. 3228 ofe @ poral vale of “THREE. TOUS Libri! OLE, — of whick there remaing unpaid $_ — 3 O4 _ oe 7 I Ja Zou and the hast ae rhe frees ont pec OIE IASLC URI LISSA SLL SRT RETENTION i ee and, (i f if reir) that hee lienor 5 served Cupne on the notice on the cottraector an Mie A. A “eves RE RDNCTEM ITO TIE SIENA IANR YS ROE NIN TREE ihiwiher of Saaraina} SINR INS IS SEIT NS ON My CLR SIENA ALIA NAIR II OE CONIDIA OE LE COUNTY OF PY Neue ned wore Ware Dasage, Fepinate Pores & Selevag fa.iee., a Sooo es a tse am ee ~ 2 eee: mab Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 9 of 11Cloates P. Seif, Ea, HARRIS, KIRKLAND, PRATT & MCGUIRE BA. F.. Box ak ROSEY DARE His Bik Hen om em moe YE KSEE ce meee Se “us RSS SAAR CRRA eK RRS RRR AR A SHRUBS ER BR AN rr SE A EEN D-RAM AY Ha rm Hh RE EE ETE ORE EY RR RY SER ER RTPI IS a al i al NOTICE OF CONT! To: Erett Sloat (American Classic Builders} 4506 Lake Fox Place Parrish, FL 34219 ien filed by you on February 21, nent # / 9012021664, of the public records of hen is limited You are notified tha 2012, and recorded in the Official ‘Record Book Tnstrun Sarasota County, Florida, and that the time within which you may file suit to enforce your to sixty (60) days from the date of service of this notice. Dated this 7 day of April, 2012. i STATE OF FLORIDA, _ day of Apmil, 2012, by KIE ed oa Florida driver's licen CORN TO ANE? ARIBEID behore me, this 4 GOODLESS. who j is “personally known to me or whe has produc identification. fo _> Tetum receipt KAREN E. RUSHING Clerk of the Court By: Deputy Clerk Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 10 of 11|HEREBY CERTIFY? ‘that a true c copy ¢ af ine foregoing NOTIC OF CONTEST OF LIEN has been furnished by U.S. Mail to: eek oy RUS! ING oe, wet ge i At hy mA a 4 Filed for Record 06/18/2012 12:11 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2012 CC 003276 NC Dkt-4349205 Page 11 of 11