Preview
Filing# 196836793 E-Filed 04/23/2024 05:35:49 PM
Form 1.997 Civil Cover Sheet
The civil cover sheet and the information contained replacenor supplement the filingand
in it neither
service of pleadingsor other documents as requiredby law. This form must be filed by the plaintiffor
petitionerwith the Clerk of Court for the purpose ofreportinguniform data pursuant to section 25.075,
Florida Statutes. (See instructions for completion.)
I. CASE STYLE
(Name of Court) Circuit Court
Plaintiff Leslie S. Osborne Case #: Lead Case CACE 23-001792
Judge: Fabienne E. Fahnestock
VS.
Defendant Mitchell Krasne
II. AMOUNT OF CLAIM
Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated
amount of the claim is requested for data collection and clerical processingpurposes only. The
amount of the claim shall not be used for any other purpose.
'
$8,000 or less
-
$8,001 $30,000
-
$30,001 $50,000
-
$50,001 $75,000
-
, $75,001 $100,000
/ Over $100,000
III. TYPE OF CASE(Ifthe case fits more than one type of case, select the most definitive category.)
label is a subcategory(isindented under a broader category),place an x in both the
Ifthe most descriptive
main category and subcategory boxes.
CIRCUIT CIVIL
Condominium
Contracts and indebtedness
Eminent domain
Auto negligence
/ Negligence-other
Business governance
J Business torts
Environmental/Toxic tort
Third party indemnification
Construction defect
Mass tort
Negligent security
CL-0891-2201
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/23/2024 05:35:48 PM.****
Nursing home negligence
Premises
Premises liability-residential
Products liability
0 Real property/Mortgage foreclosure
Commercial foreclosure
Homestead residential foreclosure
Non-homestead residential foreclosure
Other real property actions
Il Professional malpractice
Malpractice
- business
-
Malpractice medical
-
Malpractice other professional
? Other
Antitrust/Trade regulation
Business transactions
Constitutional challenge- statute or ordinance
Constitutional challenge - proposed amendment
Corporate trusts
Discrimination - employment or other
Insurance claims
, Intellectual property
Libel/Slander
Shareholder derivative action
Securities litigation
Trade secrets
Trust litigation
COUNTY CIVIL
Civil
Real property/Mortgage
foreclosure
Replevins
Evictions
Residential Eviction
Non-Residential Eviction
Other civil (non-monetary)
IV. REMEDIES SOUGHT (check all that apply):
4 Monetary;
Non-Monetary declaratoryor injunctiverelief;
Punitive
V. NUMBER OF CAUSES OF ACTION: [2 ] (specify)
Count I Breach of Fiduciary Duty Against Defendant
Count Il Action to Avoid and Recover Avoidable Transfers
CL-0891-2201
VI. IS THIS CASE A CLASS ACTION LAWSUIT?
yes
V no
VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
no
V yes If"yes",list all related cases by name, case number, and court.
In re Assignment for the Benefit of Creditors of Monogram Windows and Doors, LLC;
Case No. CACE 23-001792
Circuit Court of the 17th Judicial Circuit in and for Broward Countv. Florida
VIII. IS JIJRY TRIAL DEMANDED IN COMPLAINT?
yes
r no
IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE?
yes
4 no
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my
knowledge and belief, and that I have read and will comply with the requirements of Florida Rule
of General Practice and Judicial Administration 2.425.
Signatur Fla. Bar # 775400
?+---*ttorneyor party (Bar # if attorney)
/s/ David C. Cimo April23,2024
(type or printname) Date
CL-0891-2201
FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET
Plaintiff must file this cover sheet with first paperwork filed in the action or proceeding(exceptsmall claims
cases, probate,or family cases).Domestic and juvenilecases should be accompanied by a completed Florida
Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil
cover sheet in any civil case other than those excepted above may result in sanctions.
I. court, the appropriatecase number assigned at the time of filing
Case Style. Enter the name of the of the
the name of the judge assigned (ifapplicable),
originalcomplaint or petition, and the name (last, middle
first,
initial) and defendant(s).
ofplaintiff(s)
II. Amount Enter the estimated amount of the claim, rounded to the nearest dollar. The
of Claim.
estimated amount of the claim is requested for data collection and clerical processingpurposes only. The
amount ofthe claim shall not be used for any other purpose.
III. Type of Case. Place an "X" in the appropriate
box. If the cause fits more than one type of case, select
the most definitive. If the most definitive label a subcategory (indented under a broader category label,
is
place an "X" in the category and subcategoryboxes. Definitions of the cases are provided below in the order
they appear on the form.
Circuit Civil
(A) Condominium pursuant to Chapter 718, Florida Statutes, in which a condominium
- all civil lawsuits
association is a party.
(B) Contracts and indebtedness all contract actions relatingto promissory notes and other debts, including
-
those arisingfrom the sale of goods, but excluding contract disputesinvolvingcondominium associations.
(C) Eminent domain all matters relatingto the taking of privateproperty for public use, including inverse
-
condemnation by state agencies,political subdivisions, or public service corporations.
(D) Auto negligence arisingout of a party's allegedlynegligentoperationof a motor vehicle.
- all matters
sounding in negligence,including statutory claims for relief on account
- all actions
(IE)Negligence-other
of death or injury,that are not included in other main categories.
(F) Business governance all matters relating
- to the management, administration, or control of a company.
-
(G) Business torts all matters relatingto liability for economic loss allegedlycaused by interference with
economic or business relationships.
(H) Environmental/Toxic tort relatingto claims that violations of environmental regulatory
- all matters
provisionsor exposure to a chemical caused injuryor disease.
(I) Third party indemnification
- all matters transferred to a third party in a financial
relatingto liability
relationship.
(J) Construction defect all civil lawsuits in which damage or injurywas allegedlycaused by defects in the
-
construction of a structure.
(K) Mass tort - all matters relatingto a civil action involving numerous plaintiffs
against one or more
defendants.
(L) Negligent security
- all matters involving injury to a person or property allegedly resultingfrom
insufficient security.
(M) Nursing home negligence
-
all matters involving injury to a nursing home resident resultingfrom
negligence ofnursing home staff or facilities.
(N) Premises
- all
matters involving injuryto a person or property allegedlyresulting
from a defect on the premisesof a commercial property.
CL-0891-2201
(0) Premises liability-residentialall matters involving injuryto a person or property allegedlyresulting
-
from defect on the premises of
a a residential property.
(ID Products liability all matters involving injury to a person or property allegedly resultingfrom the
-
manufacture or sale of a defective product or from a failure to warn.
(Q) Real property/Mortgage foreclosure all matters relatingto the possession, title,or boundaries of real
-
property. All matters involving foreclosures or sales of real property, including foreclosures associated with
condominium associations or condominium units. (The amount o f claim specifiedin Section II,of the form
determines the filingfee pursuant to section 28.241, Florida Statutes.)
(R) Commercial foreclosure
- all matters
relatingto the termination of a business owner' s interest in
commercial property by a lender to gain title or force a sale to satisfythe unpaid debt secured by the
property.
(S) Homestead residential foreclosure relatingto the termination of a residential property
- all matters
owner' s interest by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property
where the property has been granted a homestead exemption.
(T) Non-homestead residential foreclosure all matters relatingto the termination of a residential property
-
owner' s interest by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property
where the property has not been granted a homestead exemption.
relatingto land, land improvements, or property rightsnot
- all matters
(U) Other real property actions
involvingcommercial or residential foreclosure.
(V) Professional malpractice
- all malpracticelawsuits.
professional
(W) matters relatingto a business's or business person's failure to exercise the
- all
degree of care and skill that someone in the same line ofwork would use under similar circumstances.
(X) Malpractice-medical all matters relatingto a doctor' s failure to exercise the degree of care and skill
-
thata physicianor surgeon ofthe same medical specialtywould use under similar circumstances.
(Y) Malpractice-other professional all matters relatingto negligence of those other than medical or
-
business professionals.
(Z) Other all civil matters not included in other categories.
-
(AA) Antitrust/Trade regulation- all matters relatingto unfair methods of competitionor unfair or deceptive
business acts or practices.
(AB) Business transactions all matters relatingto actions that affect financial or economic interests.
-
-
(AC) Constitutional challenge-statuteor ordinance a challenge to a statute or ordinance, citinga violation
ofthe Florida Constitution.
(AID Constitutional challenge-proposed amendment - a challenge to a legislatively initiated proposed
constitutional amendment, but excluding challengesto a citizen-initiated proposed constitutional amendment
because the Florida Supreme Court has direct jurisdiction of such challenges.
(AE) Corporate trusts all matters relating
- to the business activities of financial services companies or banks
acting in a fiduciarycapacity for investors.
- all
(AF) Discrimination-employment or other matters relatingto discrimination, including employment,
sex, race, age, handicap, harassment, retaliation,or wages
(AG) Insurance claims - all matters to
relating claims filed with an insurance company.
(AH) Intellectual property - all matters relatingto intangiblerightsprotectingcommercially valuable
products of the human intellect.
(AI) Libel/Slander
- matters relating
all to written, visual,oral, or aural defamation of character.
relatingto actions by a corporation's shareholders to protect
action - all matters
(AJ) Shareholder derivative
and benefit all shareholders againstcorporate management for improper management.
relatingto the financial interest or instruments of a company or
- all matters
(AK) Securities litigation
corporation.
(AL) Trade secrets all matters relating
- to a formula, process, device, or other business information that is
kept confidential to maintain an advantage over competitors.
CL-0891-2201
(AM) - all civil matters involvingguardianships,
Trust litigation estates, or trusts and not appropriately
filed
in probateproceedings.
Countv Civil
(AN) Civil -
all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of
interest,costs, and attorney fees.
(AO) Real property/Mortgage foreclosure
- all matters involving claims up to $30,000 relatingto
the possession,title,or boundaries of real property. All matters involving foreclosures or sales of
real property up to $30,000, including foreclosures associated with condominium associations or
condominium units.
(AP) Replevins
- all lawsuits pursuant to Chapter 78, Florida Statutes,involvingclaims up to $30,000.
Evictions - all matters involving the recovery of possession of leased land or rental property by
(AQ)
process of law.
(AR) Other Civil (non-monetary) - includes all other non-monetary county civil matters that were
not described in the other county civil categories.
IV. Remedies Sought. Place an "X" in the appropriatebox. If more than one remedy is sought in the
check
complaintor petition, all that apply.
V. Number of Causes of Action. If the complaintor petitionallegesmore than one cause of action,note
the number and the name ofthe cause of action.
VI. Class Action. Place an "X" in the appropriate
box.
VII. Related Cases. Place an "X" in the appropriatebox.
VIII. Is Jury Trial Demanded In Complaint? Check the appropriatebox to indicate whether a jury trial is
being demanded in the complaint
IX. Sexual Abuse. Place an "X" on the appropriateline.
ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legiblythe name of the person
signing the civil cover sheet. Attorneys must include a Florida Bar number. cover
Insert the date the civil
sheet is signed. Signature is a certification that the filer has provided accurate information on the civil
cover sheet,and has read and complied with the requirements of Florida Rule of General Practice and
Judicial Administration 2.425.
CL-0891-2201
Preview
Filing# 196836793 E-Filed 04/23/2024 05:35:49 PM Form 1.997 Civil Cover Sheet The civil cover sheet and the information contained replacenor supplement the filingand in it neither service of pleadingsor other documents as requiredby law. This form must be filed by the plaintiffor petitionerwith the Clerk of Court for the purpose ofreportinguniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE (Name of Court) Circuit Court Plaintiff Leslie S. Osborne Case #: Lead Case CACE 23-001792 Judge: Fabienne E. Fahnestock VS. Defendant Mitchell Krasne II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processingpurposes only. The amount of the claim shall not be used for any other purpose. ' $8,000 or less - $8,001 $30,000 - $30,001 $50,000 - $50,001 $75,000 - , $75,001 $100,000 / Over $100,000 III. TYPE OF CASE(Ifthe case fits more than one type of case, select the most definitive category.) label is a subcategory(isindented under a broader category),place an x in both the Ifthe most descriptive main category and subcategory boxes. CIRCUIT CIVIL Condominium Contracts and indebtedness Eminent domain Auto negligence / Negligence-other Business governance J Business torts Environmental/Toxic tort Third party indemnification Construction defect Mass tort Negligent security CL-0891-2201 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/23/2024 05:35:48 PM.**** Nursing home negligence Premises Premises liability-residential Products liability 0 Real property/Mortgage foreclosure Commercial foreclosure Homestead residential foreclosure Non-homestead residential foreclosure Other real property actions Il Professional malpractice Malpractice - business - Malpractice medical - Malpractice other professional ? Other Antitrust/Trade regulation Business transactions Constitutional challenge- statute or ordinance Constitutional challenge - proposed amendment Corporate trusts Discrimination - employment or other Insurance claims , Intellectual property Libel/Slander Shareholder derivative action Securities litigation Trade secrets Trust litigation COUNTY CIVIL Civil Real property/Mortgage foreclosure Replevins Evictions Residential Eviction Non-Residential Eviction Other civil (non-monetary) IV. REMEDIES SOUGHT (check all that apply): 4 Monetary; Non-Monetary declaratoryor injunctiverelief; Punitive V. NUMBER OF CAUSES OF ACTION: [2 ] (specify) Count I Breach of Fiduciary Duty Against Defendant Count Il Action to Avoid and Recover Avoidable Transfers CL-0891-2201 VI. IS THIS CASE A CLASS ACTION LAWSUIT? yes V no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? no V yes If"yes",list all related cases by name, case number, and court. In re Assignment for the Benefit of Creditors of Monogram Windows and Doors, LLC; Case No. CACE 23-001792 Circuit Court of the 17th Judicial Circuit in and for Broward Countv. Florida VIII. IS JIJRY TRIAL DEMANDED IN COMPLAINT? yes r no IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? yes 4 no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of General Practice and Judicial Administration 2.425. Signatur Fla. Bar # 775400 ?+---*ttorneyor party (Bar # if attorney) /s/ David C. Cimo April23,2024 (type or printname) Date CL-0891-2201 FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET Plaintiff must file this cover sheet with first paperwork filed in the action or proceeding(exceptsmall claims cases, probate,or family cases).Domestic and juvenilecases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions. I. court, the appropriatecase number assigned at the time of filing Case Style. Enter the name of the of the the name of the judge assigned (ifapplicable), originalcomplaint or petition, and the name (last, middle first, initial) and defendant(s). ofplaintiff(s) II. Amount Enter the estimated amount of the claim, rounded to the nearest dollar. The of Claim. estimated amount of the claim is requested for data collection and clerical processingpurposes only. The amount ofthe claim shall not be used for any other purpose. III. Type of Case. Place an "X" in the appropriate box. If the cause fits more than one type of case, select the most definitive. If the most definitive label a subcategory (indented under a broader category label, is place an "X" in the category and subcategoryboxes. Definitions of the cases are provided below in the order they appear on the form. Circuit Civil (A) Condominium pursuant to Chapter 718, Florida Statutes, in which a condominium - all civil lawsuits association is a party. (B) Contracts and indebtedness all contract actions relatingto promissory notes and other debts, including - those arisingfrom the sale of goods, but excluding contract disputesinvolvingcondominium associations. (C) Eminent domain all matters relatingto the taking of privateproperty for public use, including inverse - condemnation by state agencies,political subdivisions, or public service corporations. (D) Auto negligence arisingout of a party's allegedlynegligentoperationof a motor vehicle. - all matters sounding in negligence,including statutory claims for relief on account - all actions (IE)Negligence-other of death or injury,that are not included in other main categories. (F) Business governance all matters relating - to the management, administration, or control of a company. - (G) Business torts all matters relatingto liability for economic loss allegedlycaused by interference with economic or business relationships. (H) Environmental/Toxic tort relatingto claims that violations of environmental regulatory - all matters provisionsor exposure to a chemical caused injuryor disease. (I) Third party indemnification - all matters transferred to a third party in a financial relatingto liability relationship. (J) Construction defect all civil lawsuits in which damage or injurywas allegedlycaused by defects in the - construction of a structure. (K) Mass tort - all matters relatingto a civil action involving numerous plaintiffs against one or more defendants. (L) Negligent security - all matters involving injury to a person or property allegedly resultingfrom insufficient security. (M) Nursing home negligence - all matters involving injury to a nursing home resident resultingfrom negligence ofnursing home staff or facilities. (N) Premises - all matters involving injuryto a person or property allegedlyresulting from a defect on the premisesof a commercial property. CL-0891-2201 (0) Premises liability-residentialall matters involving injuryto a person or property allegedlyresulting - from defect on the premises of a a residential property. (ID Products liability all matters involving injury to a person or property allegedly resultingfrom the - manufacture or sale of a defective product or from a failure to warn. (Q) Real property/Mortgage foreclosure all matters relatingto the possession, title,or boundaries of real - property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (The amount o f claim specifiedin Section II,of the form determines the filingfee pursuant to section 28.241, Florida Statutes.) (R) Commercial foreclosure - all matters relatingto the termination of a business owner' s interest in commercial property by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property. (S) Homestead residential foreclosure relatingto the termination of a residential property - all matters owner' s interest by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property where the property has been granted a homestead exemption. (T) Non-homestead residential foreclosure all matters relatingto the termination of a residential property - owner' s interest by a lender to gain title or force a sale to satisfythe unpaid debt secured by the property where the property has not been granted a homestead exemption. relatingto land, land improvements, or property rightsnot - all matters (U) Other real property actions involvingcommercial or residential foreclosure. (V) Professional malpractice - all malpracticelawsuits. professional (W) matters relatingto a business's or business person's failure to exercise the - all degree of care and skill that someone in the same line ofwork would use under similar circumstances. (X) Malpractice-medical all matters relatingto a doctor' s failure to exercise the degree of care and skill - thata physicianor surgeon ofthe same medical specialtywould use under similar circumstances. (Y) Malpractice-other professional all matters relatingto negligence of those other than medical or - business professionals. (Z) Other all civil matters not included in other categories. - (AA) Antitrust/Trade regulation- all matters relatingto unfair methods of competitionor unfair or deceptive business acts or practices. (AB) Business transactions all matters relatingto actions that affect financial or economic interests. - - (AC) Constitutional challenge-statuteor ordinance a challenge to a statute or ordinance, citinga violation ofthe Florida Constitution. (AID Constitutional challenge-proposed amendment - a challenge to a legislatively initiated proposed constitutional amendment, but excluding challengesto a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges. (AE) Corporate trusts all matters relating - to the business activities of financial services companies or banks acting in a fiduciarycapacity for investors. - all (AF) Discrimination-employment or other matters relatingto discrimination, including employment, sex, race, age, handicap, harassment, retaliation,or wages (AG) Insurance claims - all matters to relating claims filed with an insurance company. (AH) Intellectual property - all matters relatingto intangiblerightsprotectingcommercially valuable products of the human intellect. (AI) Libel/Slander - matters relating all to written, visual,oral, or aural defamation of character. relatingto actions by a corporation's shareholders to protect action - all matters (AJ) Shareholder derivative and benefit all shareholders againstcorporate management for improper management. relatingto the financial interest or instruments of a company or - all matters (AK) Securities litigation corporation. (AL) Trade secrets all matters relating - to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors. CL-0891-2201 (AM) - all civil matters involvingguardianships, Trust litigation estates, or trusts and not appropriately filed in probateproceedings. Countv Civil (AN) Civil - all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest,costs, and attorney fees. (AO) Real property/Mortgage foreclosure - all matters involving claims up to $30,000 relatingto the possession,title,or boundaries of real property. All matters involving foreclosures or sales of real property up to $30,000, including foreclosures associated with condominium associations or condominium units. (AP) Replevins - all lawsuits pursuant to Chapter 78, Florida Statutes,involvingclaims up to $30,000. Evictions - all matters involving the recovery of possession of leased land or rental property by (AQ) process of law. (AR) Other Civil (non-monetary) - includes all other non-monetary county civil matters that were not described in the other county civil categories. IV. Remedies Sought. Place an "X" in the appropriatebox. If more than one remedy is sought in the check complaintor petition, all that apply. V. Number of Causes of Action. If the complaintor petitionallegesmore than one cause of action,note the number and the name ofthe cause of action. VI. Class Action. Place an "X" in the appropriate box. VII. Related Cases. Place an "X" in the appropriatebox. VIII. Is Jury Trial Demanded In Complaint? Check the appropriatebox to indicate whether a jury trial is being demanded in the complaint IX. Sexual Abuse. Place an "X" on the appropriateline. ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legiblythe name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. cover Insert the date the civil sheet is signed. Signature is a certification that the filer has provided accurate information on the civil cover sheet,and has read and complied with the requirements of Florida Rule of General Practice and Judicial Administration 2.425. CL-0891-2201