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Filing # 180316512 E-Filed 08/23/2023 11:07:10 AM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR OKEECHOBEE, FLORIDA
JAMES HENRY STEPHENSON, individually
Plaintiff, CASE NO.: 2023CA000244
vs.
ASHRAF SHAABAN AHMED individually,
STATE OF FLORIDA DEPARTMENT OF REVENUE,
OKEECHOBEE UTILITY AUTHORITY,
a governmental utilities entity
Defendant.
/
AMENDED MOTION FOR FOR EJECTMENT AND FOR APPOINTMENT OF A
RECEIVER
COMES NOW the Plaintiff, James Henry Stephenson, through counsel and does hereby
file his Amended Motion for the Ejectment of the Defendant and for the Appointment of a
Receiver and in support thereof would state as follows (amended to add the Department of
Revenue to the Certificate of Service ):
1 The Plaintiff has filed a multi count Complaint against the defendant Ashraf Shaaban
Ahmed. (Hereinafter “Ash” or “Defendant”).
The plaintiff is the holder of the deed to the property and also the owner of the fictitious
name Okechobee Motel and RV park, a hotel and RV park located in Okechobee county
Florida and the subject of this dispute.
Pursuant to Exhibit A of the complaint, the defendant Ashraf Shaaban Ahmed entered
into an agreement for deed in order to purchase the property from the plaintiff. Plaintiff
asks the court to take judicial notice of Exhibit A attached to the complaint.
Electronically Filed Okeechobee Case # 2023000244CAAXMX 08/23/2023 11:07:10 AM
The motel and RV park are conducting business as a going concern. However, pursuant
to Exhibit A attached to the complaint the Defendant Ashraaf Shaaban Ahmed has failed
to make timely payments as outlined in the ammortization schedule made part of the
Exhibit A.
Pursuant to paragraph F on page 5 of 20 of Exhibit A, the defendant Ashraaf Shaaban
Ahmed is required to make all payuments under the ammortization schedule in the
amount of $ 8530.76 per month. The Defendant is significantly in arrears and the Plaintiff
was left with no choice but to file the instant action.
Included in the complaint is a count for ejectment requesting a court order to eject the
defendant from the property pursuant to section E on page 4 of 20 of exhibit a, and
pursuant to paragraph I on page 5 of 20 of exhibit a. paragraphs E and I require
relinquishment of the property of the defendant back to the plaintiffs possesion upon a
default in the terms or conditions of exhibit A. Plaintiff has requested defendant to
relinquish all rights to the business, assets, and real property and turn over the business,
assets, and real property to the plaintiff. Yet, defendant has failed and refused to so turn
over those assets.
Pursuant to Exhibit A paragraphs L, M, N, O, and P on page 6 of 20, the Defendant
Ashraf Shaaban Ahmed was required to timely pay all federal taxes, florida state sales
taxes, real estate taxes for the property, maintain insurance on the property and maintain
and run the daily needs of the business, assets, and real property.
Pursant to paragraph L, the Defendant Ashraf Shaaban Ahmed. is responsible for paying
all applicable federal state tax and report timely to the federal government,
9. Pursuant to paragraph M, defendant Ashraf Shaaban Ahmed. was responsible for collecting, reporting, and
remitting all sales tax for the services of the business and rental earnings derived from revenues from the
motel and rv park.
10. Pursuant to paragraph N, the defendant Ashraf Shaaban Ahmed. was responsible fro
timely paying the real estate property taxes for the real property located at 1422 highway
41 se okechobee fl, 34974 bearing parcel ID number 1-34-37-35-0a00-00022-a000 and
also on parxel id number 1-34-37-35-0a00-00022-0000.
11 Pursuant to paragraph O, the defendant Ashraf Shaaban Ahmed. was responsoible for
fullty maintining insurance coverage on the busoiness assets and real property and
providning proof o such insurance to the plaintiff upo plaintiff's request.
12. Pursuant to paragraoh P, the defendant Ashraf Shaaban Ahmed. was fully responsible for
amining and running the daily neesds of the business, assests, and real property of the
business, and make a payments related to the daily running of the business, assets, and
real property of the business. Pursuant to said paragrah, defendant is responsible for
maintaining the property such that all of the assets are maintained and remain in good
working order and repair same in a timely manner. Defendant has removed significant
assets belonging to the plaintiff from the property and sold or used them for his own use
and benefit.
13. There is a count for conversion in the Complaint addressing the property removed from
the premises and converted to defendants use and benefit. (See paragraph 18 below).
14. The defendant Ashraf Shaaban Ahmed. has failed to timely pay the payments pursuant to
the $8530.76 monthy payments to the plaintiff ans is in default of hias payments. Further,
the defendant has failed to timely pivdune proof of payments of all taxes relating to the
business and property despite request from the seller.
15. Despite numerous requests from the seller, the defendant Ashraf Shaaban Ahmed has
failed to collect, report and timely remit all sales tax payments to the department of
revenue and show proof of the same to the plaintiff.
16. The defendant Ashraf Shaaban Ahmed.has failed to timely pay the real estate property
taxes for the property and show proof of the same to the plaintiff despite request by the
plaintiff.
17. Despite numerous requests from the plaintiff, the purchaser has failed to provide proof of
insurance on the business assets and real property and give this proof to the seller despite
rquests by the seller. The Plaintiff has expended funds to secure insurance on the
premises.
18 The defendant has failed to properly maintain the property and business premises and has
allowed it to fall into a state of disrepair.
19. The defendant is required under section Q of exhibit A page 7 of 20 to get permission
from the seller before selling any of the assets or real property of the business. The
plaintiff has learned the defendant has sold a number of assets without his permission and
has kept the proceeds of said sales for his own use and benefit. Moreover, the defendant
has kept assets owned by the plaintiff that are being stored on the business premises and
has failed and refused to allow plainiff to retake possession of those assets. (see
paragraph 12 and 13 above).
20. Defendant remains on the property and continues to collect rents from the park’s guests
and is not paying his taxes, ammortization schedule payments, maintaiing the property,
has not maintained insurance coverage on the property, and has not reported accurately to
the plaintiff as required under exhibit A.
21. Platinff asserts the defendant’s actions are causing irreparable harm to the business asstes
and related property and plaintiff has no adequate remedy at law to prevent defemdant
from continunig in his malfeasance in the future, or remedy defendant’s past actions
surroudning the business assets, revenue, expenses, insurance coverage, payments under
the ammortization schedule, and its maintenance as a going concern.
22. Plaintiff requesrs this court to appoint a reciever to take control of the business, assets,
and real estate, oversee their operation, and report same to the court in order to maintain
the status quo of the business, assets, and real property.
23 Plaintiff further requests this court enter an order direcing defendant to provide the
plaintiff with access to the business’ books and records.
24. Futher plaintiff requestrs this court to enter an order ejecting Defendant from the
premises under FS 66.021 and order defendant to be removed from the business premises
and to not return to the business premises and not to interefere with the duties or
responsibilities of the reciever or James Stephenson the plaintiff pursuant to FS 66.021
WHEREFORE, plaintiff requests an order of ejectment and an appointing a receiver and
directing and authorizing the receiver to:
a. Eject Defendant pursuant to FS 66.021 and order his removal from the premeises and
prohitbit his return to the business premises and prohibiting him from interference
with the Plaintiff and or the actions of the reciever in the oversight and operation of
the business;
Direct the reciever to take control of financial and operational aspects of the buisness
to maintain its status quo, which includes the collection of rent, and sales tax, from
the park’s guests and paying the obligations owed to vendors, creditors and the
plaintiff. This includes the collection, reporting and remitting of sales tax, on the
appropriate forms, to the department of revenue.
authorise the reciver to use the funds from the collection of rents to pay for the
operations of the business and maintain the assets and oversee operations of the
property,
authorize the reciever to obtain and maintain insurance coverage and pay premiums
on same,
authorize the paument of any outstanding real estate, sales or other taxes owed,
authorize rents collected by the reciever to make repairs and maintain the assets and
real property fo the business including pay the expenses and obligations necessary for
the operation of the business and the property;
Authorize the reviever to set a schedule to file periodic reports to the court during the
pendency of this litigation. This report will contain the reciever’s actions and findings
while running the business and include the collection of revenues, and the payment of
expenses and obligations of the business:
Authorize the payment of the reciever’s fees to be derved from the proceeds and
revenues collected from the reciever;s operation of the business.
Authorise other actions by the reciever that are necessary and proper for the running
of the business and the maintence of the assets throughout this litigation;
Order that defendant not return to the property and not to interfere with the duties and
actions of the reciever,
k. Award any further relief the court deems proper for the reciever to carry out their
duties and responsibilites.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY, that a true and correct copy of the foregoing has been provided
via E-Service to Clay Yates and via US Mail to the Department of Revenue at 2450 Shumard
Oak Blvd #CCOC Tallahassee Florida 32399 this 23" day of August 2023.
SPOTTS LAW OFFICES CHARTERED
300 Colorado Avenue #203
Stuart, Florida 34994
772.781.7878
mspotts@spottslawoffices.com
karen@spottslawoffices.com
s/ Michael K. Spotts
Michael K. Spotts
FBN: 747955
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Filing # 180316512 E-Filed 08/23/2023 11:07:10 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE, FLORIDA JAMES HENRY STEPHENSON, individually Plaintiff, CASE NO.: 2023CA000244 vs. ASHRAF SHAABAN AHMED individually, STATE OF FLORIDA DEPARTMENT OF REVENUE, OKEECHOBEE UTILITY AUTHORITY, a governmental utilities entity Defendant. / AMENDED MOTION FOR FOR EJECTMENT AND FOR APPOINTMENT OF A RECEIVER COMES NOW the Plaintiff, James Henry Stephenson, through counsel and does hereby file his Amended Motion for the Ejectment of the Defendant and for the Appointment of a Receiver and in support thereof would state as follows (amended to add the Department of Revenue to the Certificate of Service ): 1 The Plaintiff has filed a multi count Complaint against the defendant Ashraf Shaaban Ahmed. (Hereinafter “Ash” or “Defendant”). The plaintiff is the holder of the deed to the property and also the owner of the fictitious name Okechobee Motel and RV park, a hotel and RV park located in Okechobee county Florida and the subject of this dispute. Pursuant to Exhibit A of the complaint, the defendant Ashraf Shaaban Ahmed entered into an agreement for deed in order to purchase the property from the plaintiff. Plaintiff asks the court to take judicial notice of Exhibit A attached to the complaint. Electronically Filed Okeechobee Case # 2023000244CAAXMX 08/23/2023 11:07:10 AM The motel and RV park are conducting business as a going concern. However, pursuant to Exhibit A attached to the complaint the Defendant Ashraaf Shaaban Ahmed has failed to make timely payments as outlined in the ammortization schedule made part of the Exhibit A. Pursuant to paragraph F on page 5 of 20 of Exhibit A, the defendant Ashraaf Shaaban Ahmed is required to make all payuments under the ammortization schedule in the amount of $ 8530.76 per month. The Defendant is significantly in arrears and the Plaintiff was left with no choice but to file the instant action. Included in the complaint is a count for ejectment requesting a court order to eject the defendant from the property pursuant to section E on page 4 of 20 of exhibit a, and pursuant to paragraph I on page 5 of 20 of exhibit a. paragraphs E and I require relinquishment of the property of the defendant back to the plaintiffs possesion upon a default in the terms or conditions of exhibit A. Plaintiff has requested defendant to relinquish all rights to the business, assets, and real property and turn over the business, assets, and real property to the plaintiff. Yet, defendant has failed and refused to so turn over those assets. Pursuant to Exhibit A paragraphs L, M, N, O, and P on page 6 of 20, the Defendant Ashraf Shaaban Ahmed was required to timely pay all federal taxes, florida state sales taxes, real estate taxes for the property, maintain insurance on the property and maintain and run the daily needs of the business, assets, and real property. Pursant to paragraph L, the Defendant Ashraf Shaaban Ahmed. is responsible for paying all applicable federal state tax and report timely to the federal government, 9. Pursuant to paragraph M, defendant Ashraf Shaaban Ahmed. was responsible for collecting, reporting, and remitting all sales tax for the services of the business and rental earnings derived from revenues from the motel and rv park. 10. Pursuant to paragraph N, the defendant Ashraf Shaaban Ahmed. was responsible fro timely paying the real estate property taxes for the real property located at 1422 highway 41 se okechobee fl, 34974 bearing parcel ID number 1-34-37-35-0a00-00022-a000 and also on parxel id number 1-34-37-35-0a00-00022-0000. 11 Pursuant to paragraph O, the defendant Ashraf Shaaban Ahmed. was responsoible for fullty maintining insurance coverage on the busoiness assets and real property and providning proof o such insurance to the plaintiff upo plaintiff's request. 12. Pursuant to paragraoh P, the defendant Ashraf Shaaban Ahmed. was fully responsible for amining and running the daily neesds of the business, assests, and real property of the business, and make a payments related to the daily running of the business, assets, and real property of the business. Pursuant to said paragrah, defendant is responsible for maintaining the property such that all of the assets are maintained and remain in good working order and repair same in a timely manner. Defendant has removed significant assets belonging to the plaintiff from the property and sold or used them for his own use and benefit. 13. There is a count for conversion in the Complaint addressing the property removed from the premises and converted to defendants use and benefit. (See paragraph 18 below). 14. The defendant Ashraf Shaaban Ahmed. has failed to timely pay the payments pursuant to the $8530.76 monthy payments to the plaintiff ans is in default of hias payments. Further, the defendant has failed to timely pivdune proof of payments of all taxes relating to the business and property despite request from the seller. 15. Despite numerous requests from the seller, the defendant Ashraf Shaaban Ahmed has failed to collect, report and timely remit all sales tax payments to the department of revenue and show proof of the same to the plaintiff. 16. The defendant Ashraf Shaaban Ahmed.has failed to timely pay the real estate property taxes for the property and show proof of the same to the plaintiff despite request by the plaintiff. 17. Despite numerous requests from the plaintiff, the purchaser has failed to provide proof of insurance on the business assets and real property and give this proof to the seller despite rquests by the seller. The Plaintiff has expended funds to secure insurance on the premises. 18 The defendant has failed to properly maintain the property and business premises and has allowed it to fall into a state of disrepair. 19. The defendant is required under section Q of exhibit A page 7 of 20 to get permission from the seller before selling any of the assets or real property of the business. The plaintiff has learned the defendant has sold a number of assets without his permission and has kept the proceeds of said sales for his own use and benefit. Moreover, the defendant has kept assets owned by the plaintiff that are being stored on the business premises and has failed and refused to allow plainiff to retake possession of those assets. (see paragraph 12 and 13 above). 20. Defendant remains on the property and continues to collect rents from the park’s guests and is not paying his taxes, ammortization schedule payments, maintaiing the property, has not maintained insurance coverage on the property, and has not reported accurately to the plaintiff as required under exhibit A. 21. Platinff asserts the defendant’s actions are causing irreparable harm to the business asstes and related property and plaintiff has no adequate remedy at law to prevent defemdant from continunig in his malfeasance in the future, or remedy defendant’s past actions surroudning the business assets, revenue, expenses, insurance coverage, payments under the ammortization schedule, and its maintenance as a going concern. 22. Plaintiff requesrs this court to appoint a reciever to take control of the business, assets, and real estate, oversee their operation, and report same to the court in order to maintain the status quo of the business, assets, and real property. 23 Plaintiff further requests this court enter an order direcing defendant to provide the plaintiff with access to the business’ books and records. 24. Futher plaintiff requestrs this court to enter an order ejecting Defendant from the premises under FS 66.021 and order defendant to be removed from the business premises and to not return to the business premises and not to interefere with the duties or responsibilities of the reciever or James Stephenson the plaintiff pursuant to FS 66.021 WHEREFORE, plaintiff requests an order of ejectment and an appointing a receiver and directing and authorizing the receiver to: a. Eject Defendant pursuant to FS 66.021 and order his removal from the premeises and prohitbit his return to the business premises and prohibiting him from interference with the Plaintiff and or the actions of the reciever in the oversight and operation of the business; Direct the reciever to take control of financial and operational aspects of the buisness to maintain its status quo, which includes the collection of rent, and sales tax, from the park’s guests and paying the obligations owed to vendors, creditors and the plaintiff. This includes the collection, reporting and remitting of sales tax, on the appropriate forms, to the department of revenue. authorise the reciver to use the funds from the collection of rents to pay for the operations of the business and maintain the assets and oversee operations of the property, authorize the reciever to obtain and maintain insurance coverage and pay premiums on same, authorize the paument of any outstanding real estate, sales or other taxes owed, authorize rents collected by the reciever to make repairs and maintain the assets and real property fo the business including pay the expenses and obligations necessary for the operation of the business and the property; Authorize the reviever to set a schedule to file periodic reports to the court during the pendency of this litigation. This report will contain the reciever’s actions and findings while running the business and include the collection of revenues, and the payment of expenses and obligations of the business: Authorize the payment of the reciever’s fees to be derved from the proceeds and revenues collected from the reciever;s operation of the business. Authorise other actions by the reciever that are necessary and proper for the running of the business and the maintence of the assets throughout this litigation; Order that defendant not return to the property and not to interfere with the duties and actions of the reciever, k. Award any further relief the court deems proper for the reciever to carry out their duties and responsibilites. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY, that a true and correct copy of the foregoing has been provided via E-Service to Clay Yates and via US Mail to the Department of Revenue at 2450 Shumard Oak Blvd #CCOC Tallahassee Florida 32399 this 23" day of August 2023. SPOTTS LAW OFFICES CHARTERED 300 Colorado Avenue #203 Stuart, Florida 34994 772.781.7878 mspotts@spottslawoffices.com karen@spottslawoffices.com s/ Michael K. Spotts Michael K. Spotts FBN: 747955