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Filing # 186888008 E-Filed 11/28/2023 01:37:01 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
KENNETH L. HAYS,
Plaintiff,
v CASE NUMBER:
MICHAEL G. HAYS
Defendant.
COMPLAINT
COMES NOW, the Plaintiff, KENNETH L. HAYS, by and through his
undersigned attorney, and sues the Defendant, MICHAEL G. HAYS and
allege:
COUNT I
This is an action to partition real property located in
Sarasota County, Florida.
The property sought to be partitioned is described as follows:
LOT 20, SOUTH POINTE WOODS SUBDIVISON, ACCORDING TO THE
MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGE 23,
PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.
The title of the property is vested in the Plaintiff and the
Defendant, as tenants in common.
The place of residence of each person interested in the
property sought to be partitioned according to the best
knowledge and belief of Plaintiff and the quantity of title
held by each is listed opposite the name of each below:
Filed 11/28/2023 01:57 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Name & Address Interest
Kenneth L. Hays Undivided 50% interest
4307 Lost Forest Lane
Sarasota, FL 34235
Michael G. Hays Undivided 50% interest
3318 Plantation Drive
Sarasota, FL 34231
The property is indivisible and is not subject to partition
kind without prejudice to the owners.
The Defendant has ousted Plaintiff from possession and has
failed to keep property in a safe condition and abide by
Sarasota County Ordinances and Notices of Violations by the
Sarasota County Code Enforcement.
Plaintiff and his predecessor in interest have made payments
relative to the Property for its purchase, maintenance, debt
service, upkeep, improvements, taxes, and other expenses. To
the extent that Plaintiff and his predecessor in interest have
made any such payments, he claims a special
equity/reimbursement/credit against the Property, and any
proceeds derived from the sale of the Property.
Plaintiff's predecessor in interest has assigned to Plaintiff
her interests in and to all payments she made while she was a
joint tenant with Defendant.
The prosecution of this action is for the joint benefit of
both the Plaintiff and Defendant.
10 At all times material hereto the Defendant has ousted
Plaintiff and his predecessor in interest from the property,
and has otherwise had exclusive possession of the property.
The Plaintiff is entitled to a special
equity/reimbursement/credit against the property for his
share of the fair rental value of the property.
ai Plaintiff has retained the undersigned counsel to bring this
action, and he has agreed to be liable in accordance with his
ownership interest in the Property and Chapter 64 of the
Florida Statutes. In light of F.S. 64.081 the Plaintiff
requests that the Court grant the Plaintiff his reasonable
attorney's fees and costs for bringing and pursuing this
action.
WHEREFORE, Plaintiff, respectfully requests that the Court
enter an order as follows:
a For an accounting of all sums paid by and due to each party
relative to the Property:
b. For the grant of a special equity in favor of Plaintiff;
Cc For credits and reimbursements in favor of Plaintiff for all
sums paid over and above his ownership interest, to be applied
against the Plaintiff's ownership interest;
d. For an adjudication of the rights of the parties;
e For the Court to order that the Property be sold by court sale
and that the net proceeds of such sale (after costs of sale and
satisfaction of the amounts due the Mortgagee, be distributed to
the Parties in accordance with the special equities and credits
claimed by the Plaintiff;
f. For an award of attorney fees to be paid from the net proceeds
of the sale of the Property.
COUNT IT
12 This is an action for an accounting per Chapter 64, F.S., and
within the equity jurisdiction of this Court.
13 The Plaintiff incorporates herein paragraphs 2 - 11 as though
fully set forth herein.
14 The Plaintiff and his predecessor in interest has incurred
obligations and expenses of the property, including but not
limited to down payment and costs to acquire the property,
mortgage payments, insurance, taxes, County Code fines, and
repairs.
15 The Plaintiff is entitled to an accounting to determine
whether he has paid more than his proportionate share of said
obligations and expenses of the property.
WHEREFORE, the Plaintiff requests that this Court order that
an accounting be provided, that the Court determine that the
Plaintiff is entitled to an equitable lien on Defendant's share of
the sale proceeds or his interest in the subject real property to
the extent Plaintiff has paid more than hsis proportionate share of
said obligations and expenses of the property, and/or order that
Plaintiff is entitled to a credit from the proceeds of sale from
the Defendant’s share of the sale proceeds to the extent Plaintiff
has paid more than his proportionate share of said obligations and
expenses of the property, that Plaintiff is entitled to an award of
his reasonable attorneys fees and costs, and for such further
relief as this Court deems just and proper.
COUNT II
16 This is an action to recover possession of real property in
Sarasota County, Florida.
17 Defendant is in possession of the following real property in
the county:
LOT 20, SOUTH POINTE WOODS SUBDIVISON, ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGE 23, PUBLIC
RECORDS OF SARASOTA COUNTY, FLORIDA.
to which plaintiff claims title as shown by the attached
statement of plaintiff's chain of title, Exhibit “A” hereto.
18 Defendant refuses to deliver possession of the property to
Plaintiff.
WHEREFORE, Plaintiff demands judgment for possession of the
property and damages against Defendant, and for such further relief
as this Court deems just and proper.
GIBSON KOHL, P.L.
1800 2 Street, Suite 777
Sarasota, Florida 34236
Telephone: 941-362-8880
Facsimile: 941-362-8881
Primary Email: legaljimidg@comcast
net
Secondary Email: legal{imws2@comcast.net
Attorneys for Plai iff
Qi
By:
james D. Gibson
Fla. Bar No. 0709069
cc: client
Y:\CLIENT FINAL\4000\23-4013\Partition case\Complaint
.wed
EXHIBIT NA”
CHAIN OF TITLE
Grantor Date deed Book/Page or Instrument
recorded Number
John R. Leach 8-1-1984 1707/536
Rodger T. Sheets 8-18-1994 3662/1530
Douglas R. & 7-21-2004 Inst.# 2004166137
Jennifer J. Valtz
Karl B. Helbig 3-30-2007 Inst .# 2007052879
Dietrich F. 3-13-2015 Inst -# 2015029424
Von Diemar
Suntrust Bank 7-14-2015 Inst -# 2015090115
Rosmarie Hays 10-13-2023 Inst «# 2023157243
Preview
Filing # 186888008 E-Filed 11/28/2023 01:37:01 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA KENNETH L. HAYS, Plaintiff, v CASE NUMBER: MICHAEL G. HAYS Defendant. COMPLAINT COMES NOW, the Plaintiff, KENNETH L. HAYS, by and through his undersigned attorney, and sues the Defendant, MICHAEL G. HAYS and allege: COUNT I This is an action to partition real property located in Sarasota County, Florida. The property sought to be partitioned is described as follows: LOT 20, SOUTH POINTE WOODS SUBDIVISON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGE 23, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. The title of the property is vested in the Plaintiff and the Defendant, as tenants in common. The place of residence of each person interested in the property sought to be partitioned according to the best knowledge and belief of Plaintiff and the quantity of title held by each is listed opposite the name of each below: Filed 11/28/2023 01:57 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Name & Address Interest Kenneth L. Hays Undivided 50% interest 4307 Lost Forest Lane Sarasota, FL 34235 Michael G. Hays Undivided 50% interest 3318 Plantation Drive Sarasota, FL 34231 The property is indivisible and is not subject to partition kind without prejudice to the owners. The Defendant has ousted Plaintiff from possession and has failed to keep property in a safe condition and abide by Sarasota County Ordinances and Notices of Violations by the Sarasota County Code Enforcement. Plaintiff and his predecessor in interest have made payments relative to the Property for its purchase, maintenance, debt service, upkeep, improvements, taxes, and other expenses. To the extent that Plaintiff and his predecessor in interest have made any such payments, he claims a special equity/reimbursement/credit against the Property, and any proceeds derived from the sale of the Property. Plaintiff's predecessor in interest has assigned to Plaintiff her interests in and to all payments she made while she was a joint tenant with Defendant. The prosecution of this action is for the joint benefit of both the Plaintiff and Defendant. 10 At all times material hereto the Defendant has ousted Plaintiff and his predecessor in interest from the property, and has otherwise had exclusive possession of the property. The Plaintiff is entitled to a special equity/reimbursement/credit against the property for his share of the fair rental value of the property. ai Plaintiff has retained the undersigned counsel to bring this action, and he has agreed to be liable in accordance with his ownership interest in the Property and Chapter 64 of the Florida Statutes. In light of F.S. 64.081 the Plaintiff requests that the Court grant the Plaintiff his reasonable attorney's fees and costs for bringing and pursuing this action. WHEREFORE, Plaintiff, respectfully requests that the Court enter an order as follows: a For an accounting of all sums paid by and due to each party relative to the Property: b. For the grant of a special equity in favor of Plaintiff; Cc For credits and reimbursements in favor of Plaintiff for all sums paid over and above his ownership interest, to be applied against the Plaintiff's ownership interest; d. For an adjudication of the rights of the parties; e For the Court to order that the Property be sold by court sale and that the net proceeds of such sale (after costs of sale and satisfaction of the amounts due the Mortgagee, be distributed to the Parties in accordance with the special equities and credits claimed by the Plaintiff; f. For an award of attorney fees to be paid from the net proceeds of the sale of the Property. COUNT IT 12 This is an action for an accounting per Chapter 64, F.S., and within the equity jurisdiction of this Court. 13 The Plaintiff incorporates herein paragraphs 2 - 11 as though fully set forth herein. 14 The Plaintiff and his predecessor in interest has incurred obligations and expenses of the property, including but not limited to down payment and costs to acquire the property, mortgage payments, insurance, taxes, County Code fines, and repairs. 15 The Plaintiff is entitled to an accounting to determine whether he has paid more than his proportionate share of said obligations and expenses of the property. WHEREFORE, the Plaintiff requests that this Court order that an accounting be provided, that the Court determine that the Plaintiff is entitled to an equitable lien on Defendant's share of the sale proceeds or his interest in the subject real property to the extent Plaintiff has paid more than hsis proportionate share of said obligations and expenses of the property, and/or order that Plaintiff is entitled to a credit from the proceeds of sale from the Defendant’s share of the sale proceeds to the extent Plaintiff has paid more than his proportionate share of said obligations and expenses of the property, that Plaintiff is entitled to an award of his reasonable attorneys fees and costs, and for such further relief as this Court deems just and proper. COUNT II 16 This is an action to recover possession of real property in Sarasota County, Florida. 17 Defendant is in possession of the following real property in the county: LOT 20, SOUTH POINTE WOODS SUBDIVISON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGE 23, PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. to which plaintiff claims title as shown by the attached statement of plaintiff's chain of title, Exhibit “A” hereto. 18 Defendant refuses to deliver possession of the property to Plaintiff. WHEREFORE, Plaintiff demands judgment for possession of the property and damages against Defendant, and for such further relief as this Court deems just and proper. GIBSON KOHL, P.L. 1800 2 Street, Suite 777 Sarasota, Florida 34236 Telephone: 941-362-8880 Facsimile: 941-362-8881 Primary Email: legaljimidg@comcast net Secondary Email: legal{imws2@comcast.net Attorneys for Plai iff Qi By: james D. Gibson Fla. Bar No. 0709069 cc: client Y:\CLIENT FINAL\4000\23-4013\Partition case\Complaint .wed EXHIBIT NA” CHAIN OF TITLE Grantor Date deed Book/Page or Instrument recorded Number John R. Leach 8-1-1984 1707/536 Rodger T. Sheets 8-18-1994 3662/1530 Douglas R. & 7-21-2004 Inst.# 2004166137 Jennifer J. Valtz Karl B. Helbig 3-30-2007 Inst .# 2007052879 Dietrich F. 3-13-2015 Inst -# 2015029424 Von Diemar Suntrust Bank 7-14-2015 Inst -# 2015090115 Rosmarie Hays 10-13-2023 Inst «# 2023157243