Preview
Filing # 196547084 E-Filed 04/19/2024 09:08:59 AM
IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
KESNEL POMPILUS, MICHAELLE
LINDCELEY GAY and MARTINE GAY,
Plaintiffs,
Vv. CASE NO.:
PASTORA RUIZ, ANGELA SUAREZ,
MANUEL RUIZ CASOLA, MEYBER RUIZ
and NEYBER MANUEL RUIZ
Defendants.
/
COMPLAINT
Plaintiffs, KESNEL POMPILUS, MICHAELLE LINDCELEY GAY and MARTINE
GAY (collectively, the “Plaintiffs”) sue Defendants PASTORA RUIZ, ANGELA
SUAREZ,
MANUEL RUIZ CASOLA, MEYBER RUIZ, and NEYBER MANUEL RUIZ (collect
ively, the
“Defendants”) and allege:
1 This is an action for partition of real property pursuant to the Uniform
Partition of Heirs Property Act Section 64.203, Fla. Stats.
2. Pursuant to Section 64.011, jurisdiction is in chancery and jurisdiction
of this
Court is pursuant to Section 64.203(3).
ai Pursuant to Section 64.022, venue is proper because Miami-Dade
County
is where the land lies that is the subject of this action. See Section 64.203(3).
4 The property sought to be partitioned is described as:
Lot 22, Block 48, LEISURE CITY, Section Four, according to the
plat thereof, as recorded in Plat Book 61, Page 2, of the Public
Records of Miami-Dade County, Florida.
Address: 29725 SW 147* Court, Homestead, FL 33033
(the “Property”).
5 Title to the Property is vested in Plaintiffs and Defendants as tenants in
common. See Section 64.031.
6 The place of residence of each person interested in the Property sought
to
be partitioned according to the best knowledge and belief of Plaintiffs and the
quantity of
title held by each is listed opposite the name of each below:
NAME ADDRESS RELATIONSHIP QUANTITY OF TITLE
The Plaintiffs The Property Purchased from % interest in fee simple
Maribe Rafuls title
a/k/a Maribel
Pineda
Pastora Ruiz Unknown Wife of Manuel Life Estate as to %
(Country of Cuba) A. Ruiz
Angela Suarez 4711 SW 42" Terrace Daughter of 1/8 remainder interest
Fort Lauderdale, FL 33314 Manuel A. Ruiz
Manuel Ruiz Casola 1041 SW 139 Court Son of Manuel A. 1/8 remainder interest
Miami, Florida 33184 Ruiz
Meyber Ruiz 1056 W 79" Street #13 Son of Manuel A. 1/8 remainder interest
Hialeah, Florida 33014 Ruiz
Neyber Manuel Ruiz 7012 NW 179" Street Son of Manuel A. 1/8 remainder interest
Apartment 202 Ruiz
Hialeah, FL 33015
7 The Property is indivisible and is not subject to partition in kind without
prejudice to the owners.
8 Plaintiffs have paid all of the taxes, insurance premiums on the
improvements on the Property and maintenance expenses of the Propert
y since January
27, 2023 and are in possession of the Property.
9 Plaintiffs demand an accounting from Defendants. The request for an
account is/was timely. The time for an accounting has arrived.
10. Defendants should be required to make a contribution for their propor
tionate
share of the sums expended by Plaintiffs or their predecessors in interest, and through
which Plaintiffs claim by subrogation, from the Defendants’ partition or share
of the land.
Said sums include mortgage payments, real estate taxes, insurance, repairs and
renovations and interest thereon. Specifically, but without limitation, there was
a payment
of $161,577.61 April 6, 2022 to satisfy a mortgage in default.’ Plaintiffs are entitled to be
equitably subrogated to this sum, plus interest thereon from the date of paymen
t thereof.
11. Plaintiffs are obligated to pay Plaintiffs’ attorney a reasonable fee for the
attorney's services for which Defendants are liable pursuant to Section 64.081.
12. Pursuant to Section 64.203(a), this Court shall determine whether the
Property is heirs’ property.
13. WHEREFORE, Plaintiffs demand partition of real property, an accounting,
including subrogation and reimbursement, and providing for such other and
further relief
as is just and proper.
1 When the Property was sold in an arm's length transaction April 6, 2022, it sold for
$196,000.00 and the net proceeds were only $12,813.63, half of which the Defenda
nts
were arguably entitled to receive.
a
33
Dated: April \, 2024 GARY, DYTRYCH & RYAN, P.A.
Counsel for Plaintiffs KESNEL POMPILUS,
MICHAELLE LINDCELEY GAY and MARTINE
GAY
701 U.S. Highway One, Suite 402
North Palm Beach, FL 33408
Tel.: (561) 844-3700 / Fax: (561) 844-2388
By: /s/ Peter M. Armold
Peter M. Armold, Esq.
Florida Bar No. 660655
pma@gdr-law.com / Im@gdr-law.com
VERIFICATION
STATE OF FLORIDA
COUNTY OF Miami Node
Before me, the undersigned authority, personally appeared KESNEL POMPILUS, who
was sworn and says the foregoing Complaint is true.
KESNEL POMPILUS
Sworn to and subscribed before me by means of if physical presence or ao online
notarization on this day of April, 2024 by KESNEL POMPILUS.
aA Wiselda Gonraler . se HISELDA GONZALEZ
* Commission # HH 155166
Notary Public + State bf Florida aN P= Expires November 18, 2025
Foe Bonded Thru Budget Notary Services:
Personally Known or Produced Identification
Type of Identification Produced: Aver License
Preview
Filing # 196547084 E-Filed 04/19/2024 09:08:59 AM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KESNEL POMPILUS, MICHAELLE LINDCELEY GAY and MARTINE GAY, Plaintiffs, Vv. CASE NO.: PASTORA RUIZ, ANGELA SUAREZ, MANUEL RUIZ CASOLA, MEYBER RUIZ and NEYBER MANUEL RUIZ Defendants. / COMPLAINT Plaintiffs, KESNEL POMPILUS, MICHAELLE LINDCELEY GAY and MARTINE GAY (collectively, the “Plaintiffs”) sue Defendants PASTORA RUIZ, ANGELA SUAREZ, MANUEL RUIZ CASOLA, MEYBER RUIZ, and NEYBER MANUEL RUIZ (collect ively, the “Defendants”) and allege: 1 This is an action for partition of real property pursuant to the Uniform Partition of Heirs Property Act Section 64.203, Fla. Stats. 2. Pursuant to Section 64.011, jurisdiction is in chancery and jurisdiction of this Court is pursuant to Section 64.203(3). ai Pursuant to Section 64.022, venue is proper because Miami-Dade County is where the land lies that is the subject of this action. See Section 64.203(3). 4 The property sought to be partitioned is described as: Lot 22, Block 48, LEISURE CITY, Section Four, according to the plat thereof, as recorded in Plat Book 61, Page 2, of the Public Records of Miami-Dade County, Florida. Address: 29725 SW 147* Court, Homestead, FL 33033 (the “Property”). 5 Title to the Property is vested in Plaintiffs and Defendants as tenants in common. See Section 64.031. 6 The place of residence of each person interested in the Property sought to be partitioned according to the best knowledge and belief of Plaintiffs and the quantity of title held by each is listed opposite the name of each below: NAME ADDRESS RELATIONSHIP QUANTITY OF TITLE The Plaintiffs The Property Purchased from % interest in fee simple Maribe Rafuls title a/k/a Maribel Pineda Pastora Ruiz Unknown Wife of Manuel Life Estate as to % (Country of Cuba) A. Ruiz Angela Suarez 4711 SW 42" Terrace Daughter of 1/8 remainder interest Fort Lauderdale, FL 33314 Manuel A. Ruiz Manuel Ruiz Casola 1041 SW 139 Court Son of Manuel A. 1/8 remainder interest Miami, Florida 33184 Ruiz Meyber Ruiz 1056 W 79" Street #13 Son of Manuel A. 1/8 remainder interest Hialeah, Florida 33014 Ruiz Neyber Manuel Ruiz 7012 NW 179" Street Son of Manuel A. 1/8 remainder interest Apartment 202 Ruiz Hialeah, FL 33015 7 The Property is indivisible and is not subject to partition in kind without prejudice to the owners. 8 Plaintiffs have paid all of the taxes, insurance premiums on the improvements on the Property and maintenance expenses of the Propert y since January 27, 2023 and are in possession of the Property. 9 Plaintiffs demand an accounting from Defendants. The request for an account is/was timely. The time for an accounting has arrived. 10. Defendants should be required to make a contribution for their propor tionate share of the sums expended by Plaintiffs or their predecessors in interest, and through which Plaintiffs claim by subrogation, from the Defendants’ partition or share of the land. Said sums include mortgage payments, real estate taxes, insurance, repairs and renovations and interest thereon. Specifically, but without limitation, there was a payment of $161,577.61 April 6, 2022 to satisfy a mortgage in default.’ Plaintiffs are entitled to be equitably subrogated to this sum, plus interest thereon from the date of paymen t thereof. 11. Plaintiffs are obligated to pay Plaintiffs’ attorney a reasonable fee for the attorney's services for which Defendants are liable pursuant to Section 64.081. 12. Pursuant to Section 64.203(a), this Court shall determine whether the Property is heirs’ property. 13. WHEREFORE, Plaintiffs demand partition of real property, an accounting, including subrogation and reimbursement, and providing for such other and further relief as is just and proper. 1 When the Property was sold in an arm's length transaction April 6, 2022, it sold for $196,000.00 and the net proceeds were only $12,813.63, half of which the Defenda nts were arguably entitled to receive. a 33 Dated: April \, 2024 GARY, DYTRYCH & RYAN, P.A. Counsel for Plaintiffs KESNEL POMPILUS, MICHAELLE LINDCELEY GAY and MARTINE GAY 701 U.S. Highway One, Suite 402 North Palm Beach, FL 33408 Tel.: (561) 844-3700 / Fax: (561) 844-2388 By: /s/ Peter M. Armold Peter M. Armold, Esq. Florida Bar No. 660655 pma@gdr-law.com / Im@gdr-law.com VERIFICATION STATE OF FLORIDA COUNTY OF Miami Node Before me, the undersigned authority, personally appeared KESNEL POMPILUS, who was sworn and says the foregoing Complaint is true. KESNEL POMPILUS Sworn to and subscribed before me by means of if physical presence or ao online notarization on this day of April, 2024 by KESNEL POMPILUS. aA Wiselda Gonraler . se HISELDA GONZALEZ * Commission # HH 155166 Notary Public + State bf Florida aN P= Expires November 18, 2025 Foe Bonded Thru Budget Notary Services: Personally Known or Produced Identification Type of Identification Produced: Aver License