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Filing # 179502276 E-Filed 08/11/2023 05:15:06 PM
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.; 23-
GISELA MARIA JARAMILLO, as
PERSONAL REPRESENTATIVE OF THE
ESTATE OF JERRY J. JARAMILLO, Deceased,
JERRY JARAMILLO & ASSOCIATES, P.A.,
A Florida Professional Association,
and SHIELD LAW GROUP, P.A., a Florida
Professional Association,
Plaintiffs,
vs.
KASSEL LAW GROUP, PLLC,
a Florida Limited Liability Company,
THE SACKS LAW GROUP, PLLC,
a Florida Limited Liability Company, JOHN P. SACKS,
Individually, and JARAMILLO, SPURGIN & SACKS
TRIAL GROUP, P.A., a Dissolved Florida Professional Association,
Defendants.
/
COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF
COME NOW, Plaintiffs, GISELA MARIA JARAMILLO, duly appointed Personal
Representative of the Estate of JERRY J. JARAMILLO, Deceased, JERRY JARAMILLO &
ASSOCIATES, P.A., a Florida Professional Association, and SHIELD LAW GROUP, P.A., a
Florida Professional Association, by and through their undersigned Counsel, and file this their
Complaint for Declaratory Judgment and for Other Relief, against KASSEL LAW GROUP,
PLLC, a Florida Limited Liability Company, THE SACKS LAW GROUP, PLLC., a Florida
Limited Liability Company, JOHN P. SACKS, Individually and JARAMILLO, SPURGIN &
SACKS TRIAL GROUP, P.A., a dissolved Florida Professional Association, and for that shows
the Court as follows:
GENERAL ALLEGATIONS
1 JURISDICTION: Plaintiffs GISELA MARIA JARAMILLO (GISELA), duly
appointed Personal Representative of the Estate of JERRY J. JARAMILLO, Deceased, SHIELD
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LAW GROUP, P.A., a Florida Professional Association, and JERRY JARAMILLO &
ASSOCIATES, P.A., a Florida Professional Association (collectively Plaintiffs), bring this
action for Declaratory Judgment and Other Relief, including demands for damages and
accountings, brought pursuant to F.S. §733.603, F.S. §86.011, F.S. §86.041, and other provisions
of Florida law, including Florida common law, to resolve disputes regarding Plaintiffs’ claims to
reimbursement of cost advances and entitlement to legal fees for over 100 cases in which a
deceased Florida attorney, JERRY J. JARAMILLO, and the firms under which he practiced
(and/or other firms in which by agreement certain cases were handled) were undertaken at the
time of his death, or in which Plaintiffs, or any of them had an interest, as a consequence of
which this Court has subject matter jurisdiction.
m VENUE: Venue is proper in Hillsborough County, as the several cause of actions
set forth in this Complaint arose in Hillsborough County, Florida before, on and/or after date of
the death of JERRY J. JARAMILLO (sometimes “Decedent” or “JERRY”), on July 9, 2021.
3 Plaintiff, GISELA MARIA JARAMILLO, JERRY'S surviving spouse, filed to
establish a Probate Administration for the Estate of JERRY J. JARAMILLO, Deceased soon
after JERRY’S death; on August 11, 2021, GISELA was appointed Curator of JERRY’S Estate
for a Limited Purpose by Order of Judge Vivian Corvo, Circuit Judge, Probate Division,
Thirteenth Judicial Circuit Court, in and for Hillsborough County, Florida Case No.: 2021-CP-
2680 (Probate Court). A copy of said Order dated August 11, 2021, is attached hereto as Exhibit
“A-1” hereto. The Probate Court issued an Order expanding the Curator’s authority on
September 17, 2021. A copy of the Order is attached hereto as Exhibit “A-2”.
4 The Probate Court subsequently appointed GISELA as Personal Representative of
JERRY’S Estate on March 2, 2022, and issued GISELA Letters of Administration of even date.
GISELA represents JERRY’S individual interests in the claims brought hereunder and has a
statutory duty to marshal all assets in which Decedent had an interest at the time of his death.
See F.S. §733.602. A copy of the aforementioned Letters of Administration is attached hereto
as Exhibit “B”.
5, JERRY was a resident of Hillsborough County, Florida and an attorney duly
authorized to practice law in the State of Florida who actively practiced law for 20 plus years
until his sudden and untimely death on July 9, 2021 at the age of 51 years. JERRY practiced law
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under several different legal business entities, including without limitation, the following entities,
to wit:
1 JERRY JARAMILLO & ASSOCIATES, P.A., a Florida
Professional Association, owned 100% by JERRY J. JARAMILLO (JJA P.A.).
ii. SHIELD LAW GROUP, P.A., a Florida Professional Association,
owned 100% by JERRY J. JARAMILLO (SHEILD LAW GROUP).
iii. JARAMILLO, SPURGIN & SACKS TRIAL GROUP, P.A., a
Voluntarily Dissolved Florida Professional Association in which JERRY held an
interest JARAMILLO, SPURGIN & SACKS TRIAL GROUP).
iv. JARAMILLO & SPURGIN, LLC, a Voluntarily Dissolved Florida
Limited Liability Company in which JERRY held a 50% interest JARAMILLO
& SPURGIN).
(collectively “law firms”).
6. Defendant, JOHN P. SACKS, is a natural person, whose residence at all times
material herein, was Pinellas County, Florida.
T Defendant, KASSEL LAW GROUP, PLLC, is a Florida Limited Liability
Company, (KASSEL LAW GROUP) with its principal place of business in Hillsborough
County, Florida, formed for the purpose of the practice of law.
8 Defendant, THE SACKS LAW GROUP, PLLC, is a Florida Limited Liability
Company with its principal office in Pinellas County, Florida formed for the purpose of the
practice of law.
9. Defendant, JARAMILLO, SPURGIN & SACKS TRIAL GROUP, P.A., is a
dissolved Florida Professional Association formed for the purpose of the practice of law.
10. Plaintiff, JERRY JARAMILLO & ASSOCIATES, P.A., is a Florida Professional
Association, whose principal place of business at the time of JERRY’S death and at all times
material herein, was Hillsborough County, Florida.
Li Plaintiff, SHEILD LAW GROUP, P.A., is a Professional Association, whose
principal place of business at the time of JERRY’S death, and at all times material herein, was
Hillsborough County, Florida.
12. Plaintiffs (including JERRY individually through the Personal Representative of
his Estate), have quantum meruit and/or contractual rights to payment of attorney’s fees and for
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reimbursement of costs advanced in cases Plaintiffs (or one or more of them) have an interest, as
having brought in the case, handled or referred out the case under contractual agreements,
and/or in which Plaintiffs or any of them, served as counsel, or as co-counsel with Defendants,
or any of them, or any other firm or firms. Plaintiffs’ entitlement to receive their respective
share of attorney’s fees and for reimbursement of costs advanced, include cases that have closed,
funded and paid out attorney’s fees and costs to Defendants, or some of them, and those that
remain pending at this time in which Defendants, or any of them, are now handling in which
Plaintiffs (or any of them) had an interest at the time of JERRY’S death that were (1) removed,
taken, assigned, transferred to and/or received by Defendants, or one of them, in any way and (2)
in which Plaintiffs, or any of them, had a contractual interest at the time of JERRY’S death with
other attorneys or firms (including without limitation, Morgan Barfield/ Barfield Trial Group,
LLC/Corless Barfield Trial Group, LLC/PLC and James Constable/Constable Law, P.A),
wherein any fees and costs have been or will be received by Defendants or some of them in such
cases. Collectively these claims are sometimes referred to as Plaintiffs’ “entitlement to attorney’s
fees and costs”.
13. That Defendant JOHN P. SACKS (JOHN SACKS), an attomey duly authorized
to practice law in the State of Florida, was employed as an Associate at JERRY JARAMILLO &
ASSOCIATES, P.A. (JJA P.A.), from approximately 2016 until August 1, 2021, approximately
two weeks after JERRY’S death on July 9, 2021.
14. At the time of JERRY’S death, JJA, P.A. was directly handling, or was co-
counsel on approximately 136 active cases, primarily involving “Plaintiffs’ insurance work” for
construction defects, personal injury, wrongful death, sinkhole litigation and other related
matters.
15; JOHN SACKS, as an Associate Attorney with JJA P.A., was primarily
responsible for working on the case files at JJA P.A., but did not own an equity interest in JJA
P.A.
16. GISELA was not appointed Curator for a Limited Purpose until August 11, 2021,
hence no one had lawful access or the right to enter the office, nor utilize JIA P.A. resources, nor
transact any of its business from the date of JERRY’S death on July 9, 2021 until GISELA was
appointed Curator for a Limited Purpose, and then only with her permission, with the assistance
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of a licensed Florida attorney. See Exhibit “A” hereto: Order Appointing Curator for Limited
Purpose dated August 11, 2021.
VA. Notwithstanding that there was no lawful access to JJA P.A. firm assets, cases,
files, computers, cloud-based files, nor the firms emails, its IOLTA Account or Operating
Account, JOHN SACKS remained at the offices of JJA P.A., along with the firm’s most
knowledgeable paralegal, AMELIA MOSQUERA, for two weeks after JERRY’S death, without
any legal authority or consent of the Curator for a Limited Purpose or any other person.
18, JOHN SACKS did not have direct engagements with JJA P.A. clients, yet JOHN
SACKS and AMELIA MOSQUERA continued to utilize JJA P.A. assets, hard copy files, cloud-
based files, emails to and from the firm, and transacted an incoming check for attorney’s fees
received on July 27, 2021 in the amount of $7,500.00. The check for attorney’s fees arrived
nearly 20 days after JERRY’S death was illegally deposited by JOHN SACKS or AMELIA
MOSQUERA to pay AMELIA MOSQUERA and another employee, for approximately two
weeks employment after JERRY’S death. The check was deposited into the JJA P.A., operating
account to enable payroll to be made on July 31, 2021.
19. JOHN SACKS, presumably with the assistance of paralegal AMELIA
MOSQUERA, used those two weeks of employment at JJA P.A. after JERRY died and at the
expense of JJA P.A., to remove, take, assign, and/or transfer over 96 active law files from JJA
P.A. (73 cases) and JARAMILLO, SPURGIN & SACKS TRIAL GROUP (23 cases), directly or
indirectly to the Defendant, KASSEL LAW GROUP (note, it is believed the number of cases in
which Plaintiffs have an interest that were taken, removed and/or transferred to KASSEL LAW
GROUP or in which KASSEL LAW GROUP received payment at closing is higher than 96
cases).
20. JOHN SACKS and AMELIA MOSQUERA each joined the KASSEL LAW
GROUP in their respective capacities after the two weeks they purported to operate JJA P.A.,
and improperly use JJA P.A., assets, facilities, and remove hard copy client files, access mail,
access cloud-based client files and use JJA P.A. funds among other things.
Zils The 96 cases that were removed, taken, assigned, transferred and/or received by
KASSEL LAW GROUP or in which KASSEL LAW GROUP received attorney’s fees and costs
at closing of the cases, were in various stages of completion at the time of JERRY‘S death, some
having been open for more than two years, others, for less time. In fact, one such case, for
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example, 77/0 N. OLA, LLC v Homeowners Choice Property & Casualty Insurance Co., Inc.
(Hillsborough Circuit Case No.:19-CA-003362) was filed by JJA P.A., on April 1, 2019.
KASSEL LAW GROUP entered a Notice of Appearance and Substitution of Counsel (without
joinder by client or any representative of JJA P.A.) on August 23, 2021, attended Mediation on
August 26, 2021, settled and dismissed the case on October 3, 2021, keeping all attorney’s fees
and reimbursement for costs derived from the case for themselves. It should be noted, that
JOHN SACKS, and MATTHEW KASSEL were provided a copy of the Order Appointing
Curator for a Limited Purpose, which specifically provided that GISELA was authorized to
protect all firm files under the supervision of the undersigned attorney well before Defendant
filed his and its, Notice of Appearance and Substitution of Counsel.
Den By the time GISELA received the Order Appointing Limited Curator on August
11, 2021, JOHN SACKS and AMELIA MOSQUERA were employed by KASSEL LAW
GROUP, and at the direction of the Curator, GISELA’S counsel emailed, called and wrote
JOHN SACKS and MATTHEW KASSEL to make demand for (1) the names of the person or
persons that assisted JOHN SACKS in removing 96 cases from JJA P.A., (2) return (after
copying) the hard copy of files removed, and (3) a copy of all letters sent to the 96 clients (or
more) who decided to go with JOHN SACKS, MATTHEW KASSEL or KASSEL LAW
GROUP, showing written consent of the client.
23. JOHN SACKS, MATTHEW KASSEL and KASSEL LAW GROUP did not do
any of the above and to date have not done so.
24. JOHN SACKS sent an email on August 16, 2021 (Composite Exhibit C-1)
which enclosed three spreadsheets with the following headings, listing,
qd) clients to JOHN - KLG (Exhibit C-2)
(note, this list shows the 96 cases discussed throughout this Complaint);
Q) clients that haven’t made contact with (Exhibit C-3)
(note, without access to the cloud-based files, and having no hard copy files, there
was no reasonable way to contact said clients, but it is believed some or all these
clients have since signed up with Defendants, or one of them); and
(3) clients not going to KLG (Exhibit C-4),
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A copy of the email sent by JOHN SACKS on August 16, 2021 is attached hereto as Exhibit C-
1, followed by Exhibits C-2 through C-4 (the spreadsheets annexed to the email). The 77/0 N
Ola, LLC Case, cited in paragraph 21 above, for example is listed as the first case on Exhibit C-
2 (cases going to KLG).
25; The list of cases “going with KLG” (Exhibit “C-2”) shows several important
items. It shows (1) the client name or matter, (2) the status as to whether the case was in “pre-
lit” or “Lit”, and (3) whether the case was taken from the JJA P.A. firm, or from the
JARAMILLO, SPURGIN & SACKS TRIAL GROUP (shown as JJA or JSS respectively on the
spreadsheet), of all cases that went to KASSEL LAW GROUP at some point. Plaintiffs do not
know exactly how the transfers were made other than KASSEL LAW GROUP filing Notices of
Appearances and Substitution of Counsel without joinder by the (1) client, or (2) stipulation from
a representative of JJA P.A., nor whether the transfers were even necessary. Such a practice
improperly purports to substitute counsel for the client.
26. Plaintiff SHIELD LAW GROUP was handling approximately 13 pending cases at
the time of JERRY’S death. The status on these cases is unknown, but it is believed one or more
of the Defendants either received the cases, and/or has knowledge of the disposition of said
cases,
27. In the majority of the cases taken, removed, assigned and/or transferred to
KASSEL LAW GROUP by JOHN SACKS, there was a “co-counsel” with JJA P.A., and/or
JARAMILLO, SPURGIN & SACKS TRIAL GROUP; therefore there was no “gap” in client
representation in those cases. Defendant, KASSEL LAW GROUP however, filed “Notices of
Appearance and Substitution of Counsel” in most all the cases, replacing JJA PA., with
MATTHEW KASSEL, KASSEL LAW GROUP, PLLC, without a signature from anyone at JJA
P.A., nor even a reference that JERRY was deceased.
28. The firm JARAMILLO, SPURGIN & SACKS TRIAL GROUP, is named in this
action as JERRY owned an interest in the firm and had contractual arrangements relating to fees
derived from the cases assigned to said firm, however, no relief is requested with respect to this
Defendant at this time; moreover, according to JOHN SACKS, approximately 23 cases were
transferred from JARAMILLO, SPURGIN & SACKS TRIAL GROUP unto Defendant
KASSEL LAW GROUP, who is named and is responsible for payment of Plaintiffs’ entitlement
to attorney’s fees and costs.
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29. JOHN SACKS operated Defendant law firm THE SACKS LAW GROUP, prior
to and after JERRY’S death on July 9, 2021. Plaintiffs are unsure if any cases were transferred
to said firm, as JOHN SACKS has refused to provide Plaintiffs with copies of any letters
purported to have been written to any of the clients in the cases removed, taken, assigned or
transferred from JJA P.A.
30. JARAMILLO & SPURGIN, LLC., is not named as a Defendant in this action at
this time, but it is believed that said law firm had or may have had outstanding cases which were
transferred out of the firm by JOHN SACKS after JERRY’S death to the KASSEL LAW
GROUP, or other firm or firms, who would be liable for payment of Plaintiffs’ entitlement to
legal fees and costs. One principal in the firm, GERALD SPURGIN, filed a voluntary
dissolution of the entity on August 6, 2021, but GERALD SPURGIN, who asserted under Oath
on the Sunbiz form for Voluntary Dissolution that the firm had “no assets” but it is unknown
whether there were in fact any cases which Plaintiffs or any of them, had an interest remaining in
the firm.
31. It is believed, and therefore alleged, that JOHN SACKS and the KASSEL LAW
GROUP have closed many of the cases and accepted payment of the full attorney’s fees and
reimbursement of costs attendant to such closed cases, as well as cases not on the lists in which
Plaintiffs or one of them has an interest which were handled by other firms (including for
example, cases handled by Morgan Barfield/Barfield Trial Group, LLC/Corless Barfield Trial
Group, LLC/PLC and James S. Constable/Constable Law, P.A). Notwithstanding demand, the
responsible Defendant or Defendants have refused to compensate Plaintiff(s) for the value of
their services and return the costs advanced by Plaintiffs on the files, nor paid Plaintiffs as
contractually agreed, and have kept all the attorney’s fees and costs (including costs Defendants
did not advance) lawfully due Plaintiffs for themselves, intending to permanently deprive the
Plaintiffs of their valuable property rights in such cases.
32. All cases referred to in this Complaint were taken on a contingent fee basis, most
undertaken with a “co-counsel” (including without limitation, Morgan Barfield/Barfield Trial
Group, LLC/Corless Barfield Trial Group, LLC/PLC and James S. Constable/Constable Law,
P.A), but generally, the closing on settlements for such cases were all handled through JJA P.A.
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38h, While some of the cases taken, removed, transferred and/or received by JOHN
SACKS and received by KASSEL LAW GROUP have been settled, and closing and
disbursement of fees and costs have been made, the status of all of the cases is unknown.
34, GISELA, through counsel, requested on numerous occasions, that JOHN SACKS
and MATTHEW A. KASSEL, ESQ., on behalf of Defendants agree to a mechanism to
determine the value of Plaintiffs’ entitlement to attorney’s fees and reimbursement of costs for
the services and advances made by Plaintiff(s) until the time of JERRY’S death or as otherwise
contractually agreed. JOHN SACKS and MATTHEW KASSEL, ESQ.. for the law firm
KASSEL LAW GROUP, PLLC, steadfastly refused to enter into any such negotiations, refusing
even to have a call to discuss the matter as JOHN SACKS claimed the call was not necessary,
evidencing Defendants’ intent to permanently deprive Plaintiffs of their property.
aa UNJUST ENRICHMENT: It would be unjust, and Defendants would be unjustly
enriched, if Defendants retain all attorney’s fees and costs advanced on cases in which Plaintiffs
have an interest and entitlement, including pending cases, and those that have settled and closing
has occurred and funds disbursed, without determining the value of the services conferred, the
costs Plaintiffs have advanced, taking into account any contractual agreements made with respect
to said cases, and requiring Defendant(s) to pay Plaintiffs accordingly.
36. All conditions precedent in the maintenance of this action by Plaintiffs have been
performed by Plaintiffs and/or have otherwise occurred or been waived.
COUNT I
DECLARATORY RELIEF- KASSEL LAW GROUP
37. Paragraphs 1-36 above are realleged herein as if set forth herein in haec verba.
38. That a bona fide controversy and dispute has arisen between Plaintiffs, ESTATE
OF JERRY J. JARAMILLO, SHIELD LAW GROUP and JERRY JARAMILLO &
ASSOCIATES, P.A., on the one hand and and Defendant, KASSEL LAW GROUP, PLLC., on
the other hand as to Plaintiffs’ entitlement to attorney’s fees and to a return of costs advanced on
cases JOHN SACKS removed, took, assigned, and transferred to KASSEL LAW GROUP,
and/or cases received by KASSEL LAW GROUP from any other firm or attorneys, in which
Plaintiffs, or one or more of them, had an interest.
39. As a result of the above-described disputed claims of Plaintiffs to his, their or its
entitlement to attorney’s fees and costs advanced in cases removed, taken, assigned and/or
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transferred by JOHN SACKS to Defendant, KASSEL LAW GROUP, and its refusal to pay
over, or even discuss Plaintiffs’ claim to fees and costs as described herein,
(a) the parties to this action have an actual, present, adverse, conflicting and
antagonistic interest in the subject matter of this action (either in law and/or fact), which has
created a genuine, actual, existing, bona fide dispute and justiciable controversy concerning
Plaintiffs’ rights in and to their entitlement to attorney’s fees and costs in the cases removed,
taken, assigned and or transferred to the KASSEL LAW GROUP; and
(b) litigation between the parties is unavoidable.
40. All parties who have an adverse, conflicting, and/or antagonistic interest in the
subject matter of the action are before the Court.
41. By virtue of the dispute and controversy between Plaintiffs and Defendant,
KASSEL LAW GROUP, there are justiciable questions concerning the rights of the parties in
and to the legal fees and costs associated with the cases removed, taken, transferred, or assigned
to KASSEL LAW GROUP. There is a clear, bona fide, actual present practical need for those
rights to be construed, determined and declared.
42. The state of facts with which the declaration of rights should deal, presently exist
and are readily ascertainable. The rights and liabilities of the parties are dependent upon, and
may be construed and declared through, the application of law to that state of facts.
43. That the declaration of rights and relief sought by this action is not the giving of
legal advice by the Court or answers to questions propounded from curiosity.
44, All conditions precedent to this action, if any, have been performed, excused or
waived.
WHEREFORE, it is respectfully prayed, that the Court take jurisdiction over this
controversy, determine the rights of the Parties to the attorney’s fees and costs associated with
the cases removed, taken, transferred and/or assigned to Defendant KASSEL LAW GROUP,
including those ascribed on Exhibits “C-2 through C-4” hereto, and any other cases assigned,
transferred or taken in which Plaintiffs, or any of them, had an interest, and determine the
amount of such attorney’s fees and costs to which Plaintiffs are entitled in each such case , and
enter judgment in each such case to be paid immediately in such cases where the case has been
closed and fees and costs paid out, and to direct Defendant, KASSEL LAW GROUP to pay such
other amounts as determined appropriate in all such cases where the case has not closed, or
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reserve jurisdiction in each such case where a present determination is not possible, and award
such other relief as to the Court is just and proper.
COUNT II
ACCOUNTING- KASSEL LAW GROUP
45. This is an action for an Accounting from Defendant, KASSEL LAW GROUP,
brought in conjunction with the Demand for Declaratory Judgment set forth in Count I above.
46. Plaintiffs reallege Paragraphs 1 36 and 38 — 44 above, as if set forth herein in
haec verba.
47. Defendant, KASSEL LAW GROUP has received valuable property rights of
Plaintiffs, including law cases removed, taken, transferred and/or assigned to it which were
property and property rights of Plaintiffs or one of them.
48. Plaintiffs have made demand for their entitlement to attorney’s fees and costs
associated with said cases, but Defendant has denied payment of same, or even willingness to
enter into a dialogue with Plaintiffs regarding same.
49. Plaintiffs have standing to demand an Accounting for all such cases, as
Defendant’s representative, JOHN SACKS, has himself admitted that at least 96 cases were
removed, taken, transferred and/or assigned from Plaintiffs to Defendant, KASSEL LAW
GROUP.
50. Plaintiffs are in need of an Accounting of all attorney’s fees paid and to be paid,
to KASSEL LAW GROUP from each of the cases it received from any transfer or assignment
from a firm or individual in which Plaintiffs or any of them had an interest (including contractual
entitlements and/or quantum meruit value) in order to determine the value of the services
conferred by Plaintiffs unto Defendants and/or Plaintiffs’ contractual entitlement to attorney’s
fees in such cases, and to determine the costs advanced by Plaintiffs in each said case.
WHEREFORE, it is respectfully prayed, this Honorable Court enter its Order and
Judgment, the terms of which will require Defendant, KASSEL LAW GROUP, PLLC, to
provide an Accounting of all cases it received from any source in which Plaintiffs, or any of
them had an interest at the time of JERRY J. JARAMILLO’S death, to include all time and
charges of any attorney, paralegal or other billing professional working on such cases, all fees
paid out, and all costs charged and/or paid on behalf of any such client, and grant such other
relief as to the Court is just and proper.
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COUNT III
DECLARATORY RELIEF- JOHN P. SACKS
Sl. That paragraphs 1-36 above are realleged herein as if set forth herein in haec
verba,
52. That a bona fide controversy and dispute has arisen between Plaintiffs, on the one
hand and and Defendant, JOHN SACKS on the other hand, as to Plaintiffs’ entitlement to
payment in cases in which Plaintiffs, or one or more of them, have an interest, of attorney’s fees
and to a return of costs advanced on all cases JOHN SACKS removed, took, assigned, and/or
transferred to himself, if any, or that he transferred to KASSEL LAW GROUP and/or THE
SACKS LAW GROUP, or any other firm, and for any other cases JOHN SACKS received from
any other firm or attorneys, in which Plaintiffs, or one or more of them, had an interest at the
time of JERRY’S death.
33. As a result of the above-described disputed claims of Plaintiffs to attorney’s fees
and costs in cases removed, taken, assigned and/or transferred by JOHN SACKS to himself,
KASSEL LAW GROUP, THE SACKS LAW GROUP, or one or more other firms and his
refusal to pay over, or even discuss Plaintiffs’ claim to fees and costs as described herein,
(a) the parties to this action have an actual, present, adverse, conflicting and
antagonistic interest in the subject matter of this action (either in law and/or fact), which have
created a genuine, actual, existing, bona fide dispute and justiciable controversy concerning
Plaintiffs’ rights in, and to entitlement to fees and costs in, the cases taken, transferred and
assigned by Defendant, JOHN SACKS; and
(b) litigation between the parties is unavoidable.
54. All parties who have an adverse, conflicting, and/or antagonistic interest in the
subject matter of the action are before the Court.
55. By virtue of the dispute and controversy between Plaintiffs and Defendant, JOHN
SACKS, there are justiciable questions concerning the rights of the parties in and to the legal
fees and costs associated with the cases taken, transferred or assigned to one or more law firms,
or himself. There is clear, bona fide, actual present practical need for those rights to be
construed, determined and declared.
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56. The state of facts with which the declaration of rights should deal, presently exist
and are readily ascertainable. The rights and liabilities of the parties are dependent upon, and
may be construed and declared through, the application of law to that state of facts.
Dt That the declaration of rights and relief sought by this action is not the giving of
legal advice by the Court or answers to questions propounded from curiosity.
58. All conditions precedent to this action, if any, have been performed, excused or
waived.
WHEREFORE, it is respectfully prayed, that the Court take jurisdiction over this
controversy, determine the rights of the Parties to the attorney’s fees and costs associated with
the cases removed, taken, transferred and/or assigned by JOHN P. SACKS, including those
ascribed on Composite Exhibit “C” hereto, and any other cases assigned, transferred or taken in
which Plaintiffs, or any of them, have or had an interest, and determine the amount of such
attorney’s fees and costs Plaintiffs are entitled, and enter judgment in each such case to be paid
immediately in such cases where the case(s) has been closed and fees and costs have been paid
out, and to direct Defendant, JOHN P. SACKS to pay such other amounts as determined
appropriate in all such cases where the case has not closed, and reserve jurisdiction in each such
case where present determination is not presently possible, and award such other relief as to the
Court is just and proper.
COUNT IV
ACCOUNTING- JOHN P. SACKS
59. This is an action for an Accounting from Defendant, JOHN SACKS, brought in
conjunction with the Demand for Declaratory relief set forth Count HI above.
60. Plaintiffs reallege Paragraphs 1 — 36, and 52 — 58, as if set forth herein in haec
verba.
6l. Defendant, JOHN SACKS has received valuable property rights of Plaintiffs,
including Plaintiffs’ entitlement to attorney’s fees and costs in all cases taken, removed,
transferred and/or assigned by JOHN SACKS to himself, the KASSEL LAW GROUP, THE
SACKS LAW GROUP, or to any other firm or firms.
62. Plaintiffs made demand of JOHN SACKS, for their respective lawful share of
their attorney’s fees and for reimbursement of costs associated with said cases, but Defendant
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has denied any obligation to make payment of same, or even a willingness to enter into a
dialogue with Plaintiffs regarding same.
63. Plaintiffs have standing to demand an Accounting, as Defendant, JOHN SACKS,
has himself admitted that he had taken, removed, assigned and/or transferred at least 96 cases to
KASSEL LAW GROUP, from one or more of Plaintiffs, or other law firms, including
JARAMILLO, SPURGIN & SACKS TRIAL GROUP, in which Plaintiffs or one or more of
them have or had an interest.
64. Plaintiffs are in need of an Accounting of all fees and costs paid and to be paid to
JOHN SACKS, for all of Plaintiffs cases and those of other firms in which Plaintiffs, or some of
them have or had an interest, including JARAMILLO, SPURGIN & SACKS TRIAL GROUP,
that he removed, assigned and/or transferred to himself, or any other firm, in order to determine
the value of the services conferred by Plaintiffs or any of them, and/or due as a result of prior
contractual agreements, approved by the client and other law firms.
WHEREFORE, it is respectfully prayed, this Honorable Court enter its Order and
Judgement, the terms of which will require Defendant, JOHN P. SACKS,
A to provide an Accounting of the disposition of all cases in which Plaintiffs, or any
of them had or has an interest, including whether closing and funding has or has not occurred,
that he removed, assigned and/or transferred from Plaintiffs or any of them, or received from any
other firms, which were also handling cases in which Plaintiffs, or one or more of them had an
interest, and
B. to provide an Accounting in all cases which JOHN P. SACKS received any
payment for legal fees or costs in which Plaintiffs, or any of them had an interest at the time of
JERRY J. JARAMILLO’S death, to include all time and charges of any attorney, paralegal or
other billing professional working on each such case, all fees paid out and all costs charged in
all such cases, and grant such other relief as to the Court is just and proper.
COUNT V
DECLARATORY RELIEF- THE SACKS LAW GROUP, PLLC
65. That paragraphs 1-36 above are realleged herein as if set forth herein in haec
verba.
66. That a bona fide controversy and dispute has arisen between Plaintiffs, on the one
hand and Defendant, THE SACKS LAW GROUP, PLLC (SACKS LAW GROUP) on the other
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hand as to Plaintiffs’ entitlement to payment of attorney’s fees in cases in which Plaintiffs, or
one or more of them have an interest, and to a return of costs advanced on all cases JOHN
SACKS removed, took, assigned, and or transferred to SACKS LAW GROUP, and for any other
cases SACKS LAW GROUP received from any other firm or attorneys, in which Plaintiffs, or
one or more of them, had an interest at the time of JERRY’S death.
67. As a result of the above-described disputed claims of Plaintiffs to attorney’s fees
and costs in cases removed, taken, assigned and/or transferred by JOHN SACKS to the SACKS
LAW GROUP, or that Defendant SACKS LAW GROUP received from one or more other firms
in which Plaintiff has an interest,
(a) the parties to this action have an actual, present, adverse, conflicting and
antagonistic interest in the subject matter of this action (either in law and/or fact), which have
created a genuine, actual, existing, bona fide dispute and justiciable controversy concerning
Plaintiffs’ rights in and to and entitlement to fees and costs in the cases taken, transferred and
assigned by JOHN SACKS; and
(b) litigation between the parties is unavoidable.
68. All parties who have an adverse, conflicting, and/or antagonistic interest in the
subject matter of the action are before the Court.
69. By virtue of the dispute and controversy between Plaintiffs and Defendant,
SACKS LAW GROUP, there are justiciable questions concerning the rights of the parties in and
to the legal fees and costs associated with the cases taken, transferred or assigned to one or more
jaw firms, or himself. There is clear, bona fide, actual present practical need for those rights to be
construed, determined and declared.
70. The state of facts with which the declaration of rights should deal, presently exist
and are readily ascertainable. The rights and liabilities of the parties are dependent upon, and
may be construed and declared through, the application of law to that state of facts.
71. That the declaration of rights and relief sought by this action is not the giving of
legal advice by the Court or answers to questions propounded from curiosity.
72. All conditions precedent to this action, if any, have been performed, excused or
waived.
WHEREFORE, it is respectfully prayed, that the Court take jurisdiction over this
controversy, determine the rights of the Parties to the legal fees and costs associated with the
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cases removed, taken, transferred and/or assigned by JOHN P. SACKS, to Defendant, THE
SACKS LAW GROUP and determine the amount of such fees and costs to which Plaintiffs are
entitled, and enter judgment in each such case to be paid immediately in such cases where the
case has been closed and fees and costs paid out, and to direct Defendant, THE SACKS LAW
GROUP to pay such other amounts as determined appropriate in all such cases where the case
has not closed, or reserve jurisdiction in each such case where present determination is not
possible, and award such other relief as to the Court is just and proper.
COUNT VI
ACCOUNTING- THE SACKS LAW GROUP, PLLC
B. This is an action for an Accounting from Defendant, THE SACKS LAW
GROUP, PLLC, brought in conjunction with the Demand for Declaratory relief set forth Count
V above.
74, Plaintiffs reallege Paragraphs 1 — 36 and 66 -72, as if set forth herein in haec
verba.
75. Defendant, SACKS LAW GROUP has or may have received valuable property
rights of Plaintiffs, or some of them,
Preview
Filing # 179502276 E-Filed 08/11/2023 05:15:06 PM IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO.; 23- GISELA MARIA JARAMILLO, as PERSONAL REPRESENTATIVE OF THE ESTATE OF JERRY J. JARAMILLO, Deceased, JERRY JARAMILLO & ASSOCIATES, P.A., A Florida Professional Association, and SHIELD LAW GROUP, P.A., a Florida Professional Association, Plaintiffs, vs. KASSEL LAW GROUP, PLLC, a Florida Limited Liability Company, THE SACKS LAW GROUP, PLLC, a Florida Limited Liability Company, JOHN P. SACKS, Individually, and JARAMILLO, SPURGIN & SACKS TRIAL GROUP, P.A., a Dissolved Florida Professional Association, Defendants. / COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF COME NOW, Plaintiffs, GISELA MARIA JARAMILLO, duly appointed Personal Representative of the Estate of JERRY J. JARAMILLO, Deceased, JERRY JARAMILLO & ASSOCIATES, P.A., a Florida Professional Association, and SHIELD LAW GROUP, P.A., a Florida Professional Association, by and through their undersigned Counsel, and file this their Complaint for Declaratory Judgment and for Other Relief, against KASSEL LAW GROUP, PLLC, a Florida Limited Liability Company, THE SACKS LAW GROUP, PLLC., a Florida Limited Liability Company, JOHN P. SACKS, Individually and JARAMILLO, SPURGIN & SACKS TRIAL GROUP, P.A., a dissolved Florida Professional Association, and for that shows the Court as follows: GENERAL ALLEGATIONS 1 JURISDICTION: Plaintiffs GISELA MARIA JARAMILLO (GISELA), duly appointed Personal Representative of the Estate of JERRY J. JARAMILLO, Deceased, SHIELD 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 LAW GROUP, P.A., a Florida Professional Association, and JERRY JARAMILLO & ASSOCIATES, P.A., a Florida Professional Association (collectively Plaintiffs), bring this action for Declaratory Judgment and Other Relief, including demands for damages and accountings, brought pursuant to F.S. §733.603, F.S. §86.011, F.S. §86.041, and other provisions of Florida law, including Florida common law, to resolve disputes regarding Plaintiffs’ claims to reimbursement of cost advances and entitlement to legal fees for over 100 cases in which a deceased Florida attorney, JERRY J. JARAMILLO, and the firms under which he practiced (and/or other firms in which by agreement certain cases were handled) were undertaken at the time of his death, or in which Plaintiffs, or any of them had an interest, as a consequence of which this Court has subject matter jurisdiction. m VENUE: Venue is proper in Hillsborough County, as the several cause of actions set forth in this Complaint arose in Hillsborough County, Florida before, on and/or after date of the death of JERRY J. JARAMILLO (sometimes “Decedent” or “JERRY”), on July 9, 2021. 3 Plaintiff, GISELA MARIA JARAMILLO, JERRY'S surviving spouse, filed to establish a Probate Administration for the Estate of JERRY J. JARAMILLO, Deceased soon after JERRY’S death; on August 11, 2021, GISELA was appointed Curator of JERRY’S Estate for a Limited Purpose by Order of Judge Vivian Corvo, Circuit Judge, Probate Division, Thirteenth Judicial Circuit Court, in and for Hillsborough County, Florida Case No.: 2021-CP- 2680 (Probate Court). A copy of said Order dated August 11, 2021, is attached hereto as Exhibit “A-1” hereto. The Probate Court issued an Order expanding the Curator’s authority on September 17, 2021. A copy of the Order is attached hereto as Exhibit “A-2”. 4 The Probate Court subsequently appointed GISELA as Personal Representative of JERRY’S Estate on March 2, 2022, and issued GISELA Letters of Administration of even date. GISELA represents JERRY’S individual interests in the claims brought hereunder and has a statutory duty to marshal all assets in which Decedent had an interest at the time of his death. See F.S. §733.602. A copy of the aforementioned Letters of Administration is attached hereto as Exhibit “B”. 5, JERRY was a resident of Hillsborough County, Florida and an attorney duly authorized to practice law in the State of Florida who actively practiced law for 20 plus years until his sudden and untimely death on July 9, 2021 at the age of 51 years. JERRY practiced law 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 under several different legal business entities, including without limitation, the following entities, to wit: 1 JERRY JARAMILLO & ASSOCIATES, P.A., a Florida Professional Association, owned 100% by JERRY J. JARAMILLO (JJA P.A.). ii. SHIELD LAW GROUP, P.A., a Florida Professional Association, owned 100% by JERRY J. JARAMILLO (SHEILD LAW GROUP). iii. JARAMILLO, SPURGIN & SACKS TRIAL GROUP, P.A., a Voluntarily Dissolved Florida Professional Association in which JERRY held an interest JARAMILLO, SPURGIN & SACKS TRIAL GROUP). iv. JARAMILLO & SPURGIN, LLC, a Voluntarily Dissolved Florida Limited Liability Company in which JERRY held a 50% interest JARAMILLO & SPURGIN). (collectively “law firms”). 6. Defendant, JOHN P. SACKS, is a natural person, whose residence at all times material herein, was Pinellas County, Florida. T Defendant, KASSEL LAW GROUP, PLLC, is a Florida Limited Liability Company, (KASSEL LAW GROUP) with its principal place of business in Hillsborough County, Florida, formed for the purpose of the practice of law. 8 Defendant, THE SACKS LAW GROUP, PLLC, is a Florida Limited Liability Company with its principal office in Pinellas County, Florida formed for the purpose of the practice of law. 9. Defendant, JARAMILLO, SPURGIN & SACKS TRIAL GROUP, P.A., is a dissolved Florida Professional Association formed for the purpose of the practice of law. 10. Plaintiff, JERRY JARAMILLO & ASSOCIATES, P.A., is a Florida Professional Association, whose principal place of business at the time of JERRY’S death and at all times material herein, was Hillsborough County, Florida. Li Plaintiff, SHEILD LAW GROUP, P.A., is a Professional Association, whose principal place of business at the time of JERRY’S death, and at all times material herein, was Hillsborough County, Florida. 12. Plaintiffs (including JERRY individually through the Personal Representative of his Estate), have quantum meruit and/or contractual rights to payment of attorney’s fees and for 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 reimbursement of costs advanced in cases Plaintiffs (or one or more of them) have an interest, as having brought in the case, handled or referred out the case under contractual agreements, and/or in which Plaintiffs or any of them, served as counsel, or as co-counsel with Defendants, or any of them, or any other firm or firms. Plaintiffs’ entitlement to receive their respective share of attorney’s fees and for reimbursement of costs advanced, include cases that have closed, funded and paid out attorney’s fees and costs to Defendants, or some of them, and those that remain pending at this time in which Defendants, or any of them, are now handling in which Plaintiffs (or any of them) had an interest at the time of JERRY’S death that were (1) removed, taken, assigned, transferred to and/or received by Defendants, or one of them, in any way and (2) in which Plaintiffs, or any of them, had a contractual interest at the time of JERRY’S death with other attorneys or firms (including without limitation, Morgan Barfield/ Barfield Trial Group, LLC/Corless Barfield Trial Group, LLC/PLC and James Constable/Constable Law, P.A), wherein any fees and costs have been or will be received by Defendants or some of them in such cases. Collectively these claims are sometimes referred to as Plaintiffs’ “entitlement to attorney’s fees and costs”. 13. That Defendant JOHN P. SACKS (JOHN SACKS), an attomey duly authorized to practice law in the State of Florida, was employed as an Associate at JERRY JARAMILLO & ASSOCIATES, P.A. (JJA P.A.), from approximately 2016 until August 1, 2021, approximately two weeks after JERRY’S death on July 9, 2021. 14. At the time of JERRY’S death, JJA, P.A. was directly handling, or was co- counsel on approximately 136 active cases, primarily involving “Plaintiffs’ insurance work” for construction defects, personal injury, wrongful death, sinkhole litigation and other related matters. 15; JOHN SACKS, as an Associate Attorney with JJA P.A., was primarily responsible for working on the case files at JJA P.A., but did not own an equity interest in JJA P.A. 16. GISELA was not appointed Curator for a Limited Purpose until August 11, 2021, hence no one had lawful access or the right to enter the office, nor utilize JIA P.A. resources, nor transact any of its business from the date of JERRY’S death on July 9, 2021 until GISELA was appointed Curator for a Limited Purpose, and then only with her permission, with the assistance 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 of a licensed Florida attorney. See Exhibit “A” hereto: Order Appointing Curator for Limited Purpose dated August 11, 2021. VA. Notwithstanding that there was no lawful access to JJA P.A. firm assets, cases, files, computers, cloud-based files, nor the firms emails, its IOLTA Account or Operating Account, JOHN SACKS remained at the offices of JJA P.A., along with the firm’s most knowledgeable paralegal, AMELIA MOSQUERA, for two weeks after JERRY’S death, without any legal authority or consent of the Curator for a Limited Purpose or any other person. 18, JOHN SACKS did not have direct engagements with JJA P.A. clients, yet JOHN SACKS and AMELIA MOSQUERA continued to utilize JJA P.A. assets, hard copy files, cloud- based files, emails to and from the firm, and transacted an incoming check for attorney’s fees received on July 27, 2021 in the amount of $7,500.00. The check for attorney’s fees arrived nearly 20 days after JERRY’S death was illegally deposited by JOHN SACKS or AMELIA MOSQUERA to pay AMELIA MOSQUERA and another employee, for approximately two weeks employment after JERRY’S death. The check was deposited into the JJA P.A., operating account to enable payroll to be made on July 31, 2021. 19. JOHN SACKS, presumably with the assistance of paralegal AMELIA MOSQUERA, used those two weeks of employment at JJA P.A. after JERRY died and at the expense of JJA P.A., to remove, take, assign, and/or transfer over 96 active law files from JJA P.A. (73 cases) and JARAMILLO, SPURGIN & SACKS TRIAL GROUP (23 cases), directly or indirectly to the Defendant, KASSEL LAW GROUP (note, it is believed the number of cases in which Plaintiffs have an interest that were taken, removed and/or transferred to KASSEL LAW GROUP or in which KASSEL LAW GROUP received payment at closing is higher than 96 cases). 20. JOHN SACKS and AMELIA MOSQUERA each joined the KASSEL LAW GROUP in their respective capacities after the two weeks they purported to operate JJA P.A., and improperly use JJA P.A., assets, facilities, and remove hard copy client files, access mail, access cloud-based client files and use JJA P.A. funds among other things. Zils The 96 cases that were removed, taken, assigned, transferred and/or received by KASSEL LAW GROUP or in which KASSEL LAW GROUP received attorney’s fees and costs at closing of the cases, were in various stages of completion at the time of JERRY‘S death, some having been open for more than two years, others, for less time. In fact, one such case, for 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 example, 77/0 N. OLA, LLC v Homeowners Choice Property & Casualty Insurance Co., Inc. (Hillsborough Circuit Case No.:19-CA-003362) was filed by JJA P.A., on April 1, 2019. KASSEL LAW GROUP entered a Notice of Appearance and Substitution of Counsel (without joinder by client or any representative of JJA P.A.) on August 23, 2021, attended Mediation on August 26, 2021, settled and dismissed the case on October 3, 2021, keeping all attorney’s fees and reimbursement for costs derived from the case for themselves. It should be noted, that JOHN SACKS, and MATTHEW KASSEL were provided a copy of the Order Appointing Curator for a Limited Purpose, which specifically provided that GISELA was authorized to protect all firm files under the supervision of the undersigned attorney well before Defendant filed his and its, Notice of Appearance and Substitution of Counsel. Den By the time GISELA received the Order Appointing Limited Curator on August 11, 2021, JOHN SACKS and AMELIA MOSQUERA were employed by KASSEL LAW GROUP, and at the direction of the Curator, GISELA’S counsel emailed, called and wrote JOHN SACKS and MATTHEW KASSEL to make demand for (1) the names of the person or persons that assisted JOHN SACKS in removing 96 cases from JJA P.A., (2) return (after copying) the hard copy of files removed, and (3) a copy of all letters sent to the 96 clients (or more) who decided to go with JOHN SACKS, MATTHEW KASSEL or KASSEL LAW GROUP, showing written consent of the client. 23. JOHN SACKS, MATTHEW KASSEL and KASSEL LAW GROUP did not do any of the above and to date have not done so. 24. JOHN SACKS sent an email on August 16, 2021 (Composite Exhibit C-1) which enclosed three spreadsheets with the following headings, listing, qd) clients to JOHN - KLG (Exhibit C-2) (note, this list shows the 96 cases discussed throughout this Complaint); Q) clients that haven’t made contact with (Exhibit C-3) (note, without access to the cloud-based files, and having no hard copy files, there was no reasonable way to contact said clients, but it is believed some or all these clients have since signed up with Defendants, or one of them); and (3) clients not going to KLG (Exhibit C-4), 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 A copy of the email sent by JOHN SACKS on August 16, 2021 is attached hereto as Exhibit C- 1, followed by Exhibits C-2 through C-4 (the spreadsheets annexed to the email). The 77/0 N Ola, LLC Case, cited in paragraph 21 above, for example is listed as the first case on Exhibit C- 2 (cases going to KLG). 25; The list of cases “going with KLG” (Exhibit “C-2”) shows several important items. It shows (1) the client name or matter, (2) the status as to whether the case was in “pre- lit” or “Lit”, and (3) whether the case was taken from the JJA P.A. firm, or from the JARAMILLO, SPURGIN & SACKS TRIAL GROUP (shown as JJA or JSS respectively on the spreadsheet), of all cases that went to KASSEL LAW GROUP at some point. Plaintiffs do not know exactly how the transfers were made other than KASSEL LAW GROUP filing Notices of Appearances and Substitution of Counsel without joinder by the (1) client, or (2) stipulation from a representative of JJA P.A., nor whether the transfers were even necessary. Such a practice improperly purports to substitute counsel for the client. 26. Plaintiff SHIELD LAW GROUP was handling approximately 13 pending cases at the time of JERRY’S death. The status on these cases is unknown, but it is believed one or more of the Defendants either received the cases, and/or has knowledge of the disposition of said cases, 27. In the majority of the cases taken, removed, assigned and/or transferred to KASSEL LAW GROUP by JOHN SACKS, there was a “co-counsel” with JJA P.A., and/or JARAMILLO, SPURGIN & SACKS TRIAL GROUP; therefore there was no “gap” in client representation in those cases. Defendant, KASSEL LAW GROUP however, filed “Notices of Appearance and Substitution of Counsel” in most all the cases, replacing JJA PA., with MATTHEW KASSEL, KASSEL LAW GROUP, PLLC, without a signature from anyone at JJA P.A., nor even a reference that JERRY was deceased. 28. The firm JARAMILLO, SPURGIN & SACKS TRIAL GROUP, is named in this action as JERRY owned an interest in the firm and had contractual arrangements relating to fees derived from the cases assigned to said firm, however, no relief is requested with respect to this Defendant at this time; moreover, according to JOHN SACKS, approximately 23 cases were transferred from JARAMILLO, SPURGIN & SACKS TRIAL GROUP unto Defendant KASSEL LAW GROUP, who is named and is responsible for payment of Plaintiffs’ entitlement to attorney’s fees and costs. 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 29. JOHN SACKS operated Defendant law firm THE SACKS LAW GROUP, prior to and after JERRY’S death on July 9, 2021. Plaintiffs are unsure if any cases were transferred to said firm, as JOHN SACKS has refused to provide Plaintiffs with copies of any letters purported to have been written to any of the clients in the cases removed, taken, assigned or transferred from JJA P.A. 30. JARAMILLO & SPURGIN, LLC., is not named as a Defendant in this action at this time, but it is believed that said law firm had or may have had outstanding cases which were transferred out of the firm by JOHN SACKS after JERRY’S death to the KASSEL LAW GROUP, or other firm or firms, who would be liable for payment of Plaintiffs’ entitlement to legal fees and costs. One principal in the firm, GERALD SPURGIN, filed a voluntary dissolution of the entity on August 6, 2021, but GERALD SPURGIN, who asserted under Oath on the Sunbiz form for Voluntary Dissolution that the firm had “no assets” but it is unknown whether there were in fact any cases which Plaintiffs or any of them, had an interest remaining in the firm. 31. It is believed, and therefore alleged, that JOHN SACKS and the KASSEL LAW GROUP have closed many of the cases and accepted payment of the full attorney’s fees and reimbursement of costs attendant to such closed cases, as well as cases not on the lists in which Plaintiffs or one of them has an interest which were handled by other firms (including for example, cases handled by Morgan Barfield/Barfield Trial Group, LLC/Corless Barfield Trial Group, LLC/PLC and James S. Constable/Constable Law, P.A). Notwithstanding demand, the responsible Defendant or Defendants have refused to compensate Plaintiff(s) for the value of their services and return the costs advanced by Plaintiffs on the files, nor paid Plaintiffs as contractually agreed, and have kept all the attorney’s fees and costs (including costs Defendants did not advance) lawfully due Plaintiffs for themselves, intending to permanently deprive the Plaintiffs of their valuable property rights in such cases. 32. All cases referred to in this Complaint were taken on a contingent fee basis, most undertaken with a “co-counsel” (including without limitation, Morgan Barfield/Barfield Trial Group, LLC/Corless Barfield Trial Group, LLC/PLC and James S. Constable/Constable Law, P.A), but generally, the closing on settlements for such cases were all handled through JJA P.A. 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 38h, While some of the cases taken, removed, transferred and/or received by JOHN SACKS and received by KASSEL LAW GROUP have been settled, and closing and disbursement of fees and costs have been made, the status of all of the cases is unknown. 34, GISELA, through counsel, requested on numerous occasions, that JOHN SACKS and MATTHEW A. KASSEL, ESQ., on behalf of Defendants agree to a mechanism to determine the value of Plaintiffs’ entitlement to attorney’s fees and reimbursement of costs for the services and advances made by Plaintiff(s) until the time of JERRY’S death or as otherwise contractually agreed. JOHN SACKS and MATTHEW KASSEL, ESQ.. for the law firm KASSEL LAW GROUP, PLLC, steadfastly refused to enter into any such negotiations, refusing even to have a call to discuss the matter as JOHN SACKS claimed the call was not necessary, evidencing Defendants’ intent to permanently deprive Plaintiffs of their property. aa UNJUST ENRICHMENT: It would be unjust, and Defendants would be unjustly enriched, if Defendants retain all attorney’s fees and costs advanced on cases in which Plaintiffs have an interest and entitlement, including pending cases, and those that have settled and closing has occurred and funds disbursed, without determining the value of the services conferred, the costs Plaintiffs have advanced, taking into account any contractual agreements made with respect to said cases, and requiring Defendant(s) to pay Plaintiffs accordingly. 36. All conditions precedent in the maintenance of this action by Plaintiffs have been performed by Plaintiffs and/or have otherwise occurred or been waived. COUNT I DECLARATORY RELIEF- KASSEL LAW GROUP 37. Paragraphs 1-36 above are realleged herein as if set forth herein in haec verba. 38. That a bona fide controversy and dispute has arisen between Plaintiffs, ESTATE OF JERRY J. JARAMILLO, SHIELD LAW GROUP and JERRY JARAMILLO & ASSOCIATES, P.A., on the one hand and and Defendant, KASSEL LAW GROUP, PLLC., on the other hand as to Plaintiffs’ entitlement to attorney’s fees and to a return of costs advanced on cases JOHN SACKS removed, took, assigned, and transferred to KASSEL LAW GROUP, and/or cases received by KASSEL LAW GROUP from any other firm or attorneys, in which Plaintiffs, or one or more of them, had an interest. 39. As a result of the above-described disputed claims of Plaintiffs to his, their or its entitlement to attorney’s fees and costs advanced in cases removed, taken, assigned and/or 9 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 transferred by JOHN SACKS to Defendant, KASSEL LAW GROUP, and its refusal to pay over, or even discuss Plaintiffs’ claim to fees and costs as described herein, (a) the parties to this action have an actual, present, adverse, conflicting and antagonistic interest in the subject matter of this action (either in law and/or fact), which has created a genuine, actual, existing, bona fide dispute and justiciable controversy concerning Plaintiffs’ rights in and to their entitlement to attorney’s fees and costs in the cases removed, taken, assigned and or transferred to the KASSEL LAW GROUP; and (b) litigation between the parties is unavoidable. 40. All parties who have an adverse, conflicting, and/or antagonistic interest in the subject matter of the action are before the Court. 41. By virtue of the dispute and controversy between Plaintiffs and Defendant, KASSEL LAW GROUP, there are justiciable questions concerning the rights of the parties in and to the legal fees and costs associated with the cases removed, taken, transferred, or assigned to KASSEL LAW GROUP. There is a clear, bona fide, actual present practical need for those rights to be construed, determined and declared. 42. The state of facts with which the declaration of rights should deal, presently exist and are readily ascertainable. The rights and liabilities of the parties are dependent upon, and may be construed and declared through, the application of law to that state of facts. 43. That the declaration of rights and relief sought by this action is not the giving of legal advice by the Court or answers to questions propounded from curiosity. 44, All conditions precedent to this action, if any, have been performed, excused or waived. WHEREFORE, it is respectfully prayed, that the Court take jurisdiction over this controversy, determine the rights of the Parties to the attorney’s fees and costs associated with the cases removed, taken, transferred and/or assigned to Defendant KASSEL LAW GROUP, including those ascribed on Exhibits “C-2 through C-4” hereto, and any other cases assigned, transferred or taken in which Plaintiffs, or any of them, had an interest, and determine the amount of such attorney’s fees and costs to which Plaintiffs are entitled in each such case , and enter judgment in each such case to be paid immediately in such cases where the case has been closed and fees and costs paid out, and to direct Defendant, KASSEL LAW GROUP to pay such other amounts as determined appropriate in all such cases where the case has not closed, or 10 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10 reserve jurisdiction in each such case where a present determination is not possible, and award such other relief as to the Court is just and proper. COUNT II ACCOUNTING- KASSEL LAW GROUP 45. This is an action for an Accounting from Defendant, KASSEL LAW GROUP, brought in conjunction with the Demand for Declaratory Judgment set forth in Count I above. 46. Plaintiffs reallege Paragraphs 1 36 and 38 — 44 above, as if set forth herein in haec verba. 47. Defendant, KASSEL LAW GROUP has received valuable property rights of Plaintiffs, including law cases removed, taken, transferred and/or assigned to it which were property and property rights of Plaintiffs or one of them. 48. Plaintiffs have made demand for their entitlement to attorney’s fees and costs associated with said cases, but Defendant has denied payment of same, or even willingness to enter into a dialogue with Plaintiffs regarding same. 49. Plaintiffs have standing to demand an Accounting for all such cases, as Defendant’s representative, JOHN SACKS, has himself admitted that at least 96 cases were removed, taken, transferred and/or assigned from Plaintiffs to Defendant, KASSEL LAW GROUP. 50. Plaintiffs are in need of an Accounting of all attorney’s fees paid and to be paid, to KASSEL LAW GROUP from each of the cases it received from any transfer or assignment from a firm or individual in which Plaintiffs or any of them had an interest (including contractual entitlements and/or quantum meruit value) in order to determine the value of the services conferred by Plaintiffs unto Defendants and/or Plaintiffs’ contractual entitlement to attorney’s fees in such cases, and to determine the costs advanced by Plaintiffs in each said case. WHEREFORE, it is respectfully prayed, this Honorable Court enter its Order and Judgment, the terms of which will require Defendant, KASSEL LAW GROUP, PLLC, to provide an Accounting of all cases it received from any source in which Plaintiffs, or any of them had an interest at the time of JERRY J. JARAMILLO’S death, to include all time and charges of any attorney, paralegal or other billing professional working on such cases, all fees paid out, and all costs charged and/or paid on behalf of any such client, and grant such other relief as to the Court is just and proper. 11 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 11 COUNT III DECLARATORY RELIEF- JOHN P. SACKS Sl. That paragraphs 1-36 above are realleged herein as if set forth herein in haec verba, 52. That a bona fide controversy and dispute has arisen between Plaintiffs, on the one hand and and Defendant, JOHN SACKS on the other hand, as to Plaintiffs’ entitlement to payment in cases in which Plaintiffs, or one or more of them, have an interest, of attorney’s fees and to a return of costs advanced on all cases JOHN SACKS removed, took, assigned, and/or transferred to himself, if any, or that he transferred to KASSEL LAW GROUP and/or THE SACKS LAW GROUP, or any other firm, and for any other cases JOHN SACKS received from any other firm or attorneys, in which Plaintiffs, or one or more of them, had an interest at the time of JERRY’S death. 33. As a result of the above-described disputed claims of Plaintiffs to attorney’s fees and costs in cases removed, taken, assigned and/or transferred by JOHN SACKS to himself, KASSEL LAW GROUP, THE SACKS LAW GROUP, or one or more other firms and his refusal to pay over, or even discuss Plaintiffs’ claim to fees and costs as described herein, (a) the parties to this action have an actual, present, adverse, conflicting and antagonistic interest in the subject matter of this action (either in law and/or fact), which have created a genuine, actual, existing, bona fide dispute and justiciable controversy concerning Plaintiffs’ rights in, and to entitlement to fees and costs in, the cases taken, transferred and assigned by Defendant, JOHN SACKS; and (b) litigation between the parties is unavoidable. 54. All parties who have an adverse, conflicting, and/or antagonistic interest in the subject matter of the action are before the Court. 55. By virtue of the dispute and controversy between Plaintiffs and Defendant, JOHN SACKS, there are justiciable questions concerning the rights of the parties in and to the legal fees and costs associated with the cases taken, transferred or assigned to one or more law firms, or himself. There is clear, bona fide, actual present practical need for those rights to be construed, determined and declared. 12 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 12 56. The state of facts with which the declaration of rights should deal, presently exist and are readily ascertainable. The rights and liabilities of the parties are dependent upon, and may be construed and declared through, the application of law to that state of facts. Dt That the declaration of rights and relief sought by this action is not the giving of legal advice by the Court or answers to questions propounded from curiosity. 58. All conditions precedent to this action, if any, have been performed, excused or waived. WHEREFORE, it is respectfully prayed, that the Court take jurisdiction over this controversy, determine the rights of the Parties to the attorney’s fees and costs associated with the cases removed, taken, transferred and/or assigned by JOHN P. SACKS, including those ascribed on Composite Exhibit “C” hereto, and any other cases assigned, transferred or taken in which Plaintiffs, or any of them, have or had an interest, and determine the amount of such attorney’s fees and costs Plaintiffs are entitled, and enter judgment in each such case to be paid immediately in such cases where the case(s) has been closed and fees and costs have been paid out, and to direct Defendant, JOHN P. SACKS to pay such other amounts as determined appropriate in all such cases where the case has not closed, and reserve jurisdiction in each such case where present determination is not presently possible, and award such other relief as to the Court is just and proper. COUNT IV ACCOUNTING- JOHN P. SACKS 59. This is an action for an Accounting from Defendant, JOHN SACKS, brought in conjunction with the Demand for Declaratory relief set forth Count HI above. 60. Plaintiffs reallege Paragraphs 1 — 36, and 52 — 58, as if set forth herein in haec verba. 6l. Defendant, JOHN SACKS has received valuable property rights of Plaintiffs, including Plaintiffs’ entitlement to attorney’s fees and costs in all cases taken, removed, transferred and/or assigned by JOHN SACKS to himself, the KASSEL LAW GROUP, THE SACKS LAW GROUP, or to any other firm or firms. 62. Plaintiffs made demand of JOHN SACKS, for their respective lawful share of their attorney’s fees and for reimbursement of costs associated with said cases, but Defendant 13 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 13 has denied any obligation to make payment of same, or even a willingness to enter into a dialogue with Plaintiffs regarding same. 63. Plaintiffs have standing to demand an Accounting, as Defendant, JOHN SACKS, has himself admitted that he had taken, removed, assigned and/or transferred at least 96 cases to KASSEL LAW GROUP, from one or more of Plaintiffs, or other law firms, including JARAMILLO, SPURGIN & SACKS TRIAL GROUP, in which Plaintiffs or one or more of them have or had an interest. 64. Plaintiffs are in need of an Accounting of all fees and costs paid and to be paid to JOHN SACKS, for all of Plaintiffs cases and those of other firms in which Plaintiffs, or some of them have or had an interest, including JARAMILLO, SPURGIN & SACKS TRIAL GROUP, that he removed, assigned and/or transferred to himself, or any other firm, in order to determine the value of the services conferred by Plaintiffs or any of them, and/or due as a result of prior contractual agreements, approved by the client and other law firms. WHEREFORE, it is respectfully prayed, this Honorable Court enter its Order and Judgement, the terms of which will require Defendant, JOHN P. SACKS, A to provide an Accounting of the disposition of all cases in which Plaintiffs, or any of them had or has an interest, including whether closing and funding has or has not occurred, that he removed, assigned and/or transferred from Plaintiffs or any of them, or received from any other firms, which were also handling cases in which Plaintiffs, or one or more of them had an interest, and B. to provide an Accounting in all cases which JOHN P. SACKS received any payment for legal fees or costs in which Plaintiffs, or any of them had an interest at the time of JERRY J. JARAMILLO’S death, to include all time and charges of any attorney, paralegal or other billing professional working on each such case, all fees paid out and all costs charged in all such cases, and grant such other relief as to the Court is just and proper. COUNT V DECLARATORY RELIEF- THE SACKS LAW GROUP, PLLC 65. That paragraphs 1-36 above are realleged herein as if set forth herein in haec verba. 66. That a bona fide controversy and dispute has arisen between Plaintiffs, on the one hand and Defendant, THE SACKS LAW GROUP, PLLC (SACKS LAW GROUP) on the other 14 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 14 hand as to Plaintiffs’ entitlement to payment of attorney’s fees in cases in which Plaintiffs, or one or more of them have an interest, and to a return of costs advanced on all cases JOHN SACKS removed, took, assigned, and or transferred to SACKS LAW GROUP, and for any other cases SACKS LAW GROUP received from any other firm or attorneys, in which Plaintiffs, or one or more of them, had an interest at the time of JERRY’S death. 67. As a result of the above-described disputed claims of Plaintiffs to attorney’s fees and costs in cases removed, taken, assigned and/or transferred by JOHN SACKS to the SACKS LAW GROUP, or that Defendant SACKS LAW GROUP received from one or more other firms in which Plaintiff has an interest, (a) the parties to this action have an actual, present, adverse, conflicting and antagonistic interest in the subject matter of this action (either in law and/or fact), which have created a genuine, actual, existing, bona fide dispute and justiciable controversy concerning Plaintiffs’ rights in and to and entitlement to fees and costs in the cases taken, transferred and assigned by JOHN SACKS; and (b) litigation between the parties is unavoidable. 68. All parties who have an adverse, conflicting, and/or antagonistic interest in the subject matter of the action are before the Court. 69. By virtue of the dispute and controversy between Plaintiffs and Defendant, SACKS LAW GROUP, there are justiciable questions concerning the rights of the parties in and to the legal fees and costs associated with the cases taken, transferred or assigned to one or more jaw firms, or himself. There is clear, bona fide, actual present practical need for those rights to be construed, determined and declared. 70. The state of facts with which the declaration of rights should deal, presently exist and are readily ascertainable. The rights and liabilities of the parties are dependent upon, and may be construed and declared through, the application of law to that state of facts. 71. That the declaration of rights and relief sought by this action is not the giving of legal advice by the Court or answers to questions propounded from curiosity. 72. All conditions precedent to this action, if any, have been performed, excused or waived. WHEREFORE, it is respectfully prayed, that the Court take jurisdiction over this controversy, determine the rights of the Parties to the legal fees and costs associated with the 15 8/11/2023 5:15 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 15 cases removed, taken, transferred and/or assigned by JOHN P. SACKS, to Defendant, THE SACKS LAW GROUP and determine the amount of such fees and costs to which Plaintiffs are entitled, and enter judgment in each such case to be paid immediately in such cases where the case has been closed and fees and costs paid out, and to direct Defendant, THE SACKS LAW GROUP to pay such other amounts as determined appropriate in all such cases where the case has not closed, or reserve jurisdiction in each such case where present determination is not possible, and award such other relief as to the Court is just and proper. COUNT VI ACCOUNTING- THE SACKS LAW GROUP, PLLC B. This is an action for an Accounting from Defendant, THE SACKS LAW GROUP, PLLC, brought in conjunction with the Demand for Declaratory relief set forth Count V above. 74, Plaintiffs reallege Paragraphs 1 — 36 and 66 -72, as if set forth herein in haec verba. 75. Defendant, SACKS LAW GROUP has or may have received valuable property rights of Plaintiffs, or some of them,