Complaint,Petition: DENO P DIKEOU VS SOS FURNITURE

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                                Filing # 123452844 E-Filed 03/20/2021 10:38:54 AM



            IN THE CIRCUIT COURT OF
            EIGHTEENTH JUDICIAL CIRCUIT IN AND
            FOR BREVARD COUNTY, FLORIDA

            CASE NUMBER:

            DENO P. DIKEOU,
                                          Plaintiff,

            vs.                                                                                       [Space for Recording Only]

             SOS FURNITURE COMPANY, INC.,
                                          Defendant.



                                COMPLAINT              FOR FORECLOSURE               OF LANDLORD’S LIEN

                        COMES       NOW      the Plaintiff, DENO          P. DIKEOU,         by and through his undersigned

            attorney, and sues Defendant, SOS FURNITURE COMPANY, INC., and states as follows:

                                          ACTION FOR FORECLOSE OF LANDLORD’S LIEN

                    1        This is an action for foreclosure of a landlord’s lien on personal property in Brevard

            County, Florida.

                        2.   Plaintiff owns       the real property        located    at 1805-1807         W.     New      Haven         Ave.,

            Melbourne, Florida 32904 (“Premises”).

                        3    Defendant       leased     the   Premises    from     Plaintiff but     defaulted        under        the   lease

            agreement between the parties by failing to pay rent.
                        4    A Judgment        For Possession       of the Premises was           entered by the court in Case

            Number 05-2019-CA-052764, Circuit Court for Brevard County, Florida, on December 16, 2019

            (the “Initial Action”).        Plaintiff request this court take judicial notice of the Initial Action.                      Prior

            to Plaintiff taking possession the parties entered into a Settlement Stipulation in the Initial Action

            on December 31, 2019, which provided, inter alia, that Defendant could remain in possession of

            the Premises under the lease agreement pending fulfillment of the settlement terms which

             included paying back rent and rent accruing after the date of the Settlement Stipulation.

                    5        A Final Judgment For Damages was entered by the court in the Initial Action against


                    P. Dikeou v. SOS Furniture Company. Inc. COMPLAINT FOR FORECLOSURE OF LANDLORD'S LIEN - brevagd     9091-CA-021 069-XXXX-XX
 Filing 123492 ha
the Defendant in the amount of $85,054.13 plus interest at 6.03% per annum from the date of

             the judgment, i.e., September 3, 2020, which represented rent owed Plaintiff by Defendant.                                The

             monies owed Plaintiff for rent by Defendant under said judgment remain unpaid.

                       6    On March 11, 2021, the Sheriff of Brevard County, Florida, executed an Amended

           Writ of Possession if favor of Plaintiff and put Plaintiff in possession of the Premises. Inside the

           Premises        at that time      was    personal      property     consisting      of,   inter alia, mattresses,      bedding

           accessories, and office furniture upon which was                         impressed a landlord’s lien for rent owed

           Plaintiff.

                       WHEREFORE,           Plaintiff demands judgment for foreclosure of its landlord’s lien against

           the aforementioned personal property of Defendant, directing the Sheriff of Brevard County to

           conduct a sheriff’s sale of same, entitling Plaintiff the right to bid its judgment amount at said

           sheriff’s sale plus costs of this action, and such other relief as this court deems just, proper and

           appropriate.

                       DATED this 20" day of March, 2021.


           Attorney
                  for Deno Dikeou


           /s/ Jeffrey A. Icardi
           Jeffrey A. Icardi
              Florida Bar No. 381901
               E-Mail: jeff@icardi.com
           ICARDI & ICARDI, P.A.
           557 Wymore Road North, Suite 101
           Maitland, FL 32751
           Telephone: (407) 647-1859
           Fax: (407) 459-1040
           Secondary E-Mail
           noreen@icardi.com




           \icardi-f4\f-drive\wpS0\data\LITIGATE\COMPLAIN\LL-LIEN
                                                         Foreclosure - dikeou vs. SOS - 1805-1807 W. New Haven Ave_.docx




                   P. Dikeou v. SOS Furniture Company. Inc. COMPLAINT FOR FORECLOSURE OF LANDLORD'S LIEN - brevagd         9091-CA-021 069-RXXX-XX
Filing 123492 ha