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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
PAULINE GAY
Plaintiff,
Vv. Case No.: 00-17CA
R. JOHN ZAVODNY, President and Director
JZ Morgan Capital, Inc., JZ MORGAN-TIDES
VILLAGE, LTD., a Florida Limited Partnership,
JZ MORGAN CAPITAL, INC., TIDES mm
VILLAGE, LTD., a Florida limited Partnership,
TIDES DEVELOPMENT COMPANY.
2 7
Nn ree
and DEAN SINIBALDL
Defendants A= CD
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re
AMENDED COMPLAINT
Plaintiff, PAULINE GAY, sues Defendants R. JOHN ZAVODNY, JZ MORGAN-
TIDES VILLAGE, LTD., JZ MORGAN CAPITAL, INC., TIDES VILLAGE, LTD., TIDES
DEVELOPMENT COMPANY, and DEAN SINIBALDI, and alleges
1 This is an action for damages that exceed $15,000.
2 At all times material hereto, Plaintiff, PAULINE GAY, was and is a resident of
Charlotte County, Florida.
3 At all times material hereto, Defendant, R. JOHN ZAVODNY, was and is a
resident of Florida, and served as President and Director of JZ Morgan Capital, Inc.
4 Defendant, JZ MORGAN-TIDES VILLAGE, LTD., (hereinafter “MORGAN.
TIDES”), is a Florida limited partnership with its principal place of business at 3415 W.
Cypress T., Tampa, Florida 33607
5 Defendant JZ MORGAN CAPITAL, INC., (hereinafter “JZ MORGAN”),
Florida corporation, is the general partner of JZ MORGAN-TIDES VILLAGE, LTD., and a
general partner of TIDES VILLAGE, LTD., with its principal place of business at 3415 W.
Cypress St., Tampa, Florida 33607
WILKINS, FROHLICH,
JONES, HEVIA, 6. Defendant, TIDES VILLAGE, LTD., (hereinafter “TIDES VILLAGE”), is a
RUSSELL & SUTTER
PROFESSIONAL ASSOCIATION Florida limited partnership with its principal place of business at 3415 W. Cypress T., Tampa,
ATTORNEYS AT LAW Florida 33607, and is a general partner, and/or held itself out to be a general partner, of JZ
PORT CHARLOTTE, FLORIDA Morgan-Tides Village, Ltd. Charlotte County Clerk
€1045399 Date : 01/28/00 - 09:47:01 id: 20
Case#: 00000017CA Pages: 00:
IAA Il
7 Defendant, TIDES DEVELOPMENT COMPANY (hereinafter “TIDES”), a
Florida corporation, is a general partner of TIDES VILLAGE, with its principal place of
business at 16611 Gulf Blvd., N. Reddington Beach, Florida 33708.
8 At all times material hereto, Defendant DEAN SINIBALDI was and is a
resident of Florida,
9 This Court has jurisdiction over all counts of this controversy because all
alleged tortious conduct by Defendants occurred in Charlotte County, Florida, the promissory
note allegedly in default was executed in Charlotte County, the money lent to MORGAN-
TIDES by the plaintiff was delivered in Charlotte County, repayment to the plaintiff was to be
made in Charlotte County, and all harm resulting to Plaintiff was incurred in Charlotte
County.
10. On or around January 11, 1996, Defendant DEAN SINIBALDI offered
Plaintiff the opportunity to purchase a promissory note offered by Defendant, MORGAN-
TIDES.
VW. The notes offered by MORGAN-TIDES were being issued for the purpose of
raising capital to invest in TIDES VILLAGE, which is a limited partnership formed to
develop and sell townhomes located on North Reddington Beach, Pinellas County, Florida.
12. On or about January 11, 1996, Plaintiff lent $80,000.00 to Defendant
MORGAN-TIDES and received a promissory note executed and delivered by Defendant
in Charlotte County, Florida, attached hereto as Exhibit A.
13. The terms of the note provided that Plaintiff was to be repaid the principal by
December 31, 1999, in addition to receiving “Regular” interest annually at the rate of eleven
percent (11%) per annum, and “Participative” interest of five percent (5%) per each $1,000.00
lent by Plaintiff, paid on or before January 15" of each year. (Please see attached Exhibit A).
COUNT 1
RECOVERY UNDER PROMISSORY NOTE AGAINST DEFENDANTS
JZ MORGAN-TIDES VILLAGE, LTD., JZ MORGAN CAPITAL, INC.,
TIDES VILLAGE, LTD., AND TIDES DEVELOPMENT COMPANY
14. Plaintiff, PAULINE GAY, realleges the allegations of paragraphs 1 through
13.
15. MORGAN-TIDES failed to pay Plaintiff the 5 % “Participative Interest”
contemplated by the note during the entire term of the loan.
WILKINS, FROHLICH,
JONES, HEVIA, 16. MORGAN-TIDES failed to pay Plaintiff the entire 11 % “Regular Interest”
RUSSELL & SUTTER
PROFESSIONAL ASSOCIATION contemplated by the terms of the note for the year of 1999,
ATTORNEYS AT LAW
PORT CHARLOTTE, FLORIDA
2.
17. The failure of MORGAN-TIDES to pay the aforementioned interest was a
default on the loan, as the terms of the note issued to Plaintiff state:
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION PAULINE GAY Plaintiff, Vv. Case No.: 00-17CA R. JOHN ZAVODNY, President and Director JZ Morgan Capital, Inc., JZ MORGAN-TIDES VILLAGE, LTD., a Florida Limited Partnership, JZ MORGAN CAPITAL, INC., TIDES mm VILLAGE, LTD., a Florida limited Partnership, TIDES DEVELOPMENT COMPANY. 2 7 Nn ree and DEAN SINIBALDL Defendants A= CD i xO oa asa re AMENDED COMPLAINT Plaintiff, PAULINE GAY, sues Defendants R. JOHN ZAVODNY, JZ MORGAN- TIDES VILLAGE, LTD., JZ MORGAN CAPITAL, INC., TIDES VILLAGE, LTD., TIDES DEVELOPMENT COMPANY, and DEAN SINIBALDI, and alleges 1 This is an action for damages that exceed $15,000. 2 At all times material hereto, Plaintiff, PAULINE GAY, was and is a resident of Charlotte County, Florida. 3 At all times material hereto, Defendant, R. JOHN ZAVODNY, was and is a resident of Florida, and served as President and Director of JZ Morgan Capital, Inc. 4 Defendant, JZ MORGAN-TIDES VILLAGE, LTD., (hereinafter “MORGAN. TIDES”), is a Florida limited partnership with its principal place of business at 3415 W. Cypress T., Tampa, Florida 33607 5 Defendant JZ MORGAN CAPITAL, INC., (hereinafter “JZ MORGAN”), Florida corporation, is the general partner of JZ MORGAN-TIDES VILLAGE, LTD., and a general partner of TIDES VILLAGE, LTD., with its principal place of business at 3415 W. Cypress St., Tampa, Florida 33607 WILKINS, FROHLICH, JONES, HEVIA, 6. Defendant, TIDES VILLAGE, LTD., (hereinafter “TIDES VILLAGE”), is a RUSSELL & SUTTER PROFESSIONAL ASSOCIATION Florida limited partnership with its principal place of business at 3415 W. Cypress T., Tampa, ATTORNEYS AT LAW Florida 33607, and is a general partner, and/or held itself out to be a general partner, of JZ PORT CHARLOTTE, FLORIDA Morgan-Tides Village, Ltd. Charlotte County Clerk €1045399 Date : 01/28/00 - 09:47:01 id: 20 Case#: 00000017CA Pages: 00: IAA Il 7 Defendant, TIDES DEVELOPMENT COMPANY (hereinafter “TIDES”), a Florida corporation, is a general partner of TIDES VILLAGE, with its principal place of business at 16611 Gulf Blvd., N. Reddington Beach, Florida 33708. 8 At all times material hereto, Defendant DEAN SINIBALDI was and is a resident of Florida, 9 This Court has jurisdiction over all counts of this controversy because all alleged tortious conduct by Defendants occurred in Charlotte County, Florida, the promissory note allegedly in default was executed in Charlotte County, the money lent to MORGAN- TIDES by the plaintiff was delivered in Charlotte County, repayment to the plaintiff was to be made in Charlotte County, and all harm resulting to Plaintiff was incurred in Charlotte County. 10. On or around January 11, 1996, Defendant DEAN SINIBALDI offered Plaintiff the opportunity to purchase a promissory note offered by Defendant, MORGAN- TIDES. VW. The notes offered by MORGAN-TIDES were being issued for the purpose of raising capital to invest in TIDES VILLAGE, which is a limited partnership formed to develop and sell townhomes located on North Reddington Beach, Pinellas County, Florida. 12. On or about January 11, 1996, Plaintiff lent $80,000.00 to Defendant MORGAN-TIDES and received a promissory note executed and delivered by Defendant in Charlotte County, Florida, attached hereto as Exhibit A. 13. The terms of the note provided that Plaintiff was to be repaid the principal by December 31, 1999, in addition to receiving “Regular” interest annually at the rate of eleven percent (11%) per annum, and “Participative” interest of five percent (5%) per each $1,000.00 lent by Plaintiff, paid on or before January 15" of each year. (Please see attached Exhibit A). COUNT 1 RECOVERY UNDER PROMISSORY NOTE AGAINST DEFENDANTS JZ MORGAN-TIDES VILLAGE, LTD., JZ MORGAN CAPITAL, INC., TIDES VILLAGE, LTD., AND TIDES DEVELOPMENT COMPANY 14. Plaintiff, PAULINE GAY, realleges the allegations of paragraphs 1 through 13. 15. MORGAN-TIDES failed to pay Plaintiff the 5 % “Participative Interest” contemplated by the note during the entire term of the loan. WILKINS, FROHLICH, JONES, HEVIA, 16. MORGAN-TIDES failed to pay Plaintiff the entire 11 % “Regular Interest” RUSSELL & SUTTER PROFESSIONAL ASSOCIATION contemplated by the terms of the note for the year of 1999, ATTORNEYS AT LAW PORT CHARLOTTE, FLORIDA 2. 17. The failure of MORGAN-TIDES to pay the aforementioned interest was a default on the loan, as the terms of the note issued to Plaintiff state: