Preview
Filing # 189356859 E-Filed 01/09/2024 09:47:04 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
MINDY SKURA,
Plaintiff,
Vv. CASE NUMBER
ROBERT WALTERS
Defendant.
COMPLAINT
COMES NOW, the Plaintiff, MINDY SKURA, by and through her
undersigned attorney, and sues the Defendant, ROBERT WALTERS 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:
UNIT 302 OF THE PRESIDENTIAL, A CONDOMINIUM, A
CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM
THEREOF RECORDED IN OFFICIAL RECORDS BOOK 1025 PAGE 2094,
AND ACCORDING TO THE PLAT THEREOF RECORDED IN CONDOMINIUM
PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF SARASOTA
COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO, TOGETHER
WITH ITS UNDIVIDED SHARE IN THE COMMON ELEMENTS.
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
1
Filed 01/09/2024 10:44 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
held by each is listed opposite the name of each below:
Name & Address Interest
MINDY SKURA Undivided 50% interest
845 Benjamin Franklin Dr
Unit 302
Sarasota, FL 34236
ROBERT WALTERS Undivided 50% interest
3006 Saddlerock Road
Holbrook, Ny 11741
The property is indivisible and is not subject to partition
kind without prejudice to the owners.
Plaintiff has made payments relative to the Property,
including but not limited to payments for the down payment and
closing costs for the purchase, maintenance, insurance,
remodeling and repair expenses, debt service, association
expenses, upkeep, improvements, taxes, and other expenses. To
the extent that Plaintiff has made any such payments, she
claims a special equity/reimbursement/credit against the
Property, and any proceeds derived from the sale of the
Property.
The prosecution of this action is for the joint benefit of
both the Plaintiff and Defendant.
The Plaintiff is entitled to a special
equity/reimbursement/credit against the property for her
share of the fair rental value of the property.
Plaintiff has retained the undersigned counsel to bring this
action, and he has agreed to be liable in accordance with her
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 her 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;
c For credits and reimbursements in favor of Plaintiff for all
sums paid over and above her 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 appoint a special magistrate for a private sale
of the property, and an order that the net proceeds of such sale,
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
10. This is an action for an accounting per Chapter 64, F.S., and
within the equity jurisdiction of this Court.
11. The Plaintiff incorporates herein paragraphs 2 - 9 as though
fully set forth herein.
12 Plaintiff has made payments relative to the Property,
including but not limited to payments for the down payment and
closing costs for the purchase, maintenance, insurance,
remodeling and repair expenses, debt service, association
expenses, upkeep, improvements, taxes, and other expenses.
13 The Plaintiff is entitled to an accounting to determine
whether he has paid more than her 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 her interest in the subject real property to
the extent Plaintiff has paid more than her 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 her proportionate share of said obligations and
expenses of the property, that Plaintiff is entitled to an award of
her reasonable attorneys fees and costs, 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: legaljimijdg@comcast.net
Secondary Email: legaljimws2@comcast.net
Attorneys for Pl tiff
Fla. Bar No. 0709069
cc: client
¥:\CLIENT FINAL\4000\23-4034\Partition case\pleadings\Complaint
.wpd
Preview
Filing # 189356859 E-Filed 01/09/2024 09:47:04 AM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA MINDY SKURA, Plaintiff, Vv. CASE NUMBER ROBERT WALTERS Defendant. COMPLAINT COMES NOW, the Plaintiff, MINDY SKURA, by and through her undersigned attorney, and sues the Defendant, ROBERT WALTERS 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: UNIT 302 OF THE PRESIDENTIAL, A CONDOMINIUM, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 1025 PAGE 2094, AND ACCORDING TO THE PLAT THEREOF RECORDED IN CONDOMINIUM PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO, TOGETHER WITH ITS UNDIVIDED SHARE IN THE COMMON ELEMENTS. 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 1 Filed 01/09/2024 10:44 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL held by each is listed opposite the name of each below: Name & Address Interest MINDY SKURA Undivided 50% interest 845 Benjamin Franklin Dr Unit 302 Sarasota, FL 34236 ROBERT WALTERS Undivided 50% interest 3006 Saddlerock Road Holbrook, Ny 11741 The property is indivisible and is not subject to partition kind without prejudice to the owners. Plaintiff has made payments relative to the Property, including but not limited to payments for the down payment and closing costs for the purchase, maintenance, insurance, remodeling and repair expenses, debt service, association expenses, upkeep, improvements, taxes, and other expenses. To the extent that Plaintiff has made any such payments, she claims a special equity/reimbursement/credit against the Property, and any proceeds derived from the sale of the Property. The prosecution of this action is for the joint benefit of both the Plaintiff and Defendant. The Plaintiff is entitled to a special equity/reimbursement/credit against the property for her share of the fair rental value of the property. Plaintiff has retained the undersigned counsel to bring this action, and he has agreed to be liable in accordance with her 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 her 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; c For credits and reimbursements in favor of Plaintiff for all sums paid over and above her 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 appoint a special magistrate for a private sale of the property, and an order that the net proceeds of such sale, 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 10. This is an action for an accounting per Chapter 64, F.S., and within the equity jurisdiction of this Court. 11. The Plaintiff incorporates herein paragraphs 2 - 9 as though fully set forth herein. 12 Plaintiff has made payments relative to the Property, including but not limited to payments for the down payment and closing costs for the purchase, maintenance, insurance, remodeling and repair expenses, debt service, association expenses, upkeep, improvements, taxes, and other expenses. 13 The Plaintiff is entitled to an accounting to determine whether he has paid more than her 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 her interest in the subject real property to the extent Plaintiff has paid more than her 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 her proportionate share of said obligations and expenses of the property, that Plaintiff is entitled to an award of her reasonable attorneys fees and costs, 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: legaljimijdg@comcast.net Secondary Email: legaljimws2@comcast.net Attorneys for Pl tiff Fla. Bar No. 0709069 cc: client ¥:\CLIENT FINAL\4000\23-4034\Partition case\pleadings\Complaint .wpd