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Filing # 40454671 E-Filed 04/19/2016 03:14:06 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF
HOLLYWOOD, ORTHOPEDIC & SPINE CASE NO.: CACE15-021427
CENTER OF SOUTH FLORIDA, LLC
d/b/a NEUROSURGICAL ASSOCIATES
OF SOUTH FLORIDA, ORTHOPEDIC &
SPINE CENTER OF SOUTH FLORIDA LLC,
and UNIVERSAL MEDIQUIP, LLC,
Plaintiffs,
vs.
TODD CASH ALOFS d/b/a THE ALOFS LAW
FIRM, TODD CASH ALOFS, P.A., KAPLAN &
SCONZO, P.A., and DAVID GUNTER,
Defendants.
/
PLAINTIFFS’ RESPONSE TO DEFENDANT, TODD CASH ALOFS d/b/a THE ALOFS
LAW FIRM’S, MOTION FOR SANCTIONS PURSUANT TO
FLOR) STATUTE & 57.
COME NOW, the Plaintiffs, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC AND SPINE CENTER OF SOUTH
FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and UNIVERSAL
MEDIQUIP, LLC (collectively, the “Plaintiffs”), by and through their undersigned counsel and
hereby file this Response to Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s
(hereinafter “ALOFS”), Motion for Sanctions pursuant to Florida Statute § 57.105, and in support
thereof state:
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/19/2016 3:14:06 PM.****1. On January 8, 2016, ALOFS was served with Plaintiffs’ Complaint!
(“Complaint”), Attached as Exhibit “A” is a copy of the Complaint.
2. On January 15, 2016, ALOFS’ counsel sent an email to Plaintiff's counsel
addressing one issue; to wit, the allegation that the wrong party had been sued. Attached hereto
and marked as Exhibit “B” is a copy of ALOFS’ counsel’s January 15, 2016 email.
3. On January 19, 2016, Plaintiff's counsel responded by advising, inter alia:
I certainly have no intention in pursuing the wrong party(ies) and
similarly have no desire to not pursue the right party(ies).
and seeking further information to verify the correct party(ies) to be pursued. Attached hereto and
marked as Exhibit “C” is a copy of said January 19, 2016 email.
4, On January 27, 2016, without response to the queries in Plaintiff's counsel’s
January 19, 2016 email, ALOFS served its Motion for §57.105 fees and costs making only the
bald assertions that:
i) ALOFS had signed no Letters of Protection;
ii) ALOFS had no contract with Gunter; and
iii) that the appropriate party ought to have been the corporate entity “Todd Cash Alofs,
P.A.”
Attached and marked as Exhibit “D” is a copy of ALOFS’ Motion and accompanying
correspondence.
5. On February 10, 2016, Plaintiff's counsel responded to ALOFS’ Motion and sought
clarification of the inconsistencies raised within the Motion and furthermore provided the support
* Defendant Todd Cash Alofs d/b/a The Alofs Law Firm’s Motion for Sanctions is directed to Plaintiff's
Original Complaint served January 8, 2016. Subsequently, on February 16, 2016, the Plaintiffs’ filed and served an
Amended Complaint—which Defendant’s Motion does not address.for filing suit as against ALOFS in his individual capacity. Attached hereto and marked as Exhibit
“E” is a copy of said email with accompanying attachments.
6. Having received no reply, on February 16, 2016, Plaintiff's counsel again wrote to
ALOFS’ counsel seeking clarification of ALOFS’ Motion. Attached hereto and marked as Exhibit
“F” is a copy of Plaintiff's counsel’s letter.
7. Still having received no reply to any of Plaintiff's efforts to clarify and resolve the
issues and with an impending statute of limitations about to expire, Plaintiff filed its Amended
Complaint adding the additional parties and further support for the claims. Attached hereto and
marked as Exhibit “G” is a copy of the Amended Complaint.
8. On February 26, 2016, ALOFS subsequently filed its Motion for Sanctions directed
to the original Complaint; not the Amended Complaint.
9. The Defendant’s Motion is predicated on two bases; to wit;
a. The assertion that ALOFS was unaware of the Plaintiff’s letters of protection and
treatment; and
b. The assertion that the proper party to the suit ought not have been ALOFS but
rather, ALOFS law firm — Todd Cash Alofs, P.A.
10. Specifically, ALOFS argues the ALOFS never signed the Letters of Protection, the
invoices are not addressed to ALOFS nor are any of the Letters of Protection “dated after the time
of Defendant ALOFS involvement in the underlying matter.” Def. Mtn. For Sanct. | 4-5.
ll. Defendant further alleges the Letters of Protection were never provided to
Defendant ALOFS and were not known by him to be in existence. Def. Mtn. For Sanct. {| 6.
12. Additionally, Defendant ALOFS’ Motion alleges the Plaintiffs have wrongfully
named Defendant ALOFS, individually, as a party to the suit, fail to allege ALOFS was involved
in the underlying claim in his individual capacity, and fail to make any allegation sufficient to
pierce the corporate veil. Def. Mtn. For Sanct. 4 9.13. However, for the following reasons, the Defendant ALOFS’ Motion for Sanctions,
is completely without merit and Defendant ALOFS’ Motion for Sanctions should be denied.
ARGUMENT
14, Section 57.105, Florida Statutes, provides:
(1) Upon the court's initiative or motion of any party, the court shall award a
reasonable attorney's fee, including prejudgment interest, to be paid to the
prevailing party in equal amounts by the losing party and the losing party's attorney
on any claim or defense at any time during a civil proceeding or action in which the
court finds that the losing party or the losing party's attorney knew or should have
known that a claim or defense when initially presented to the court or at any time
before trial:
(a) Was not supported by the material facts necessary to establish the claim or
defense; or
(b) Would not be supported by the application of then-existing law to those
material facts.
(3) Notwithstanding subsections (1) and (2), monetary sanctions may not be
awarded:
(a) Under paragraph (1)(b) if the court determines that the claim or defense was
initially presented to the court as a good faith argument for the extension,
modification, or reversal of existing law or the establishment of new law, as it
applied to the material facts, with a reasonable expectation of success.
(b) Under paragraph (1)(a) or paragraph (1)(b) against the losing party's
attorney if he or she has acted in good faith, based on the representations of his
or her client as to the existence of those material facts.
15. The purpose of section 57.105 is to discourage baseless claims, stonewall defenses,
and sham appeals. Read v. Taylor, 832 So. 2d 219, 222 (Fla. 4th DCA 2002). Florida favors access
to courts and has interpreted section 57.105 to provide a remedy only where the plaintiff's
compliant is completely untenable. Id.16. An award of attorney’s fees is not appropriate as long as the complaint alleges some
justiciable issue and a party’s good faith efforts to change existing law does not render an action
frivolous. Id.
17. Thus, in determining an award of fees under section 57.105, “[t]he [trial] court
determines if the party or its counsel knew or should have known that the claim or defense asserted
was not supported by facts or an application of existing law.” Blue Infiniti, LLC v. Wilson, 170
So. 3d 136, 140 (Fla. 4th DCA 2015).
18. A case is “frivolous,” justifying the award of fees, only when the case can be said
to be “completely without merit in law” or contradicted by overwhelming evidence.” Asinmax v.
Semrau, 42 So. 3d 955, 958 (Fla. 4th DCA 2010).
19. Further, the trial court’s findings must be based upon substantial competent
evidence presented to the court at the hearing on attorney’s fees or otherwise before the court or
in the trial records. Blue Infiniti, LLC, 170 So. 3d at 140.
20. As further stated in Connelly v Old Bridge Village Co-Op 915 So. 2d 652, 656 (Fla.
2™ DCA 2005:
“Failing to state a cause of action is not, in and of itself, a sufficient basis to support
a finding that a claim was so lacking in merit as to justify an award of fees pursuant
to section 57.105. Mason v Highlands County Bd. Of County Comm’rs 817 Sp 2d
922, 923 (Fla. 2d DCA 2002).
“[t]he revised statute, while broader than its predecessor, still is intended to address
the issue of frivolous pleadings.” Read 832 So. 2d at 222. There are good reasons
to apply the statute with restraint, as the First District cautioned in
Bridgestone/Firestone, Inc. v Herron 828 So. 2d 414,419 (Fla. 1 DCA 2002):
The courts must apply section 57.105 Florida Statutes (1999)
carefully to ensure that tit servers the purpose for which it was
intended. If an order dismissing a claim or striking a defense leads
to a motion for attorneys’ fees, the point of the statute would be
subverted and, in the end, it might even have the reverse effect of
making civil litigation more expensive...An even more significant potential ramification of the court’s unrestrained
assessment of fees is the unconstitutional infringement of our citizens’ rights of
access to the courts, as guaranteed by article I, section 21 of the Florida
Constitution.
21. First, ALOFS’ Motion is directed to the original Complaint which has been
supplanted by the Amended Complaint.
22. Contrary to Defendant, ALOFS’, assertions, there is no allegation in the Plaintiffs’
Compliant or the Amended Complaint that ALOFS signed the Letters of Protections.
23. Further, the facts that ALOFS never signed the Letter of Protection, that none of
the invoices or Letters of Protection were addressed to him or that the Letters of Protection were
not “dated after the time of Defendant ALOFS involvement in the underlying matter,” are
irrelevant. Def. Mtn. For Sanct. § 4-5.
24. A cause of action for tortious interference with a business or contractual
relationship only exist where the Defendant is not a signatory to the underlying contract. Franklin
Life Ins. Co. v. Davy, 753 So. 2d 581, 587 (Fla. Ist DCA 1999); Salit v. Ruden, McClosky, Smith,
Schuster & Russell, P.A., 742 So. 2d 381, 385-86 (Fla. 4th DCA 1999).
25. Moreover, Defendant ALOFS’ Motion for Sanctions admits he was “Co-counsel”
for DAVID GUNTER in the underlying tort action and had a “supervisory interest” in how that
case was resolved. Def. Mtn. For Sanct. { 7-8.
26. Further, in a telephone conversation between ALOFS’ Co-counsel Kaplan &
Sconzo, P.A. and Plaintiffs’ counsel, Stuart Kaplan, Esq., advised undersigned counsel that i)
ALOFS was the lead attorney in the underlying tort action of Defendant GUNTER, ii) that
Defendant ALOFS was the attorney who distributed the settlement proceeds in the underlying tort
action, and iii) that prior to the mediation of the underlying tort action, at the behest of ALOFS,KAPLAN & SCONZO’s associate obtained a lien update and accordingly, they were aware of
additional medical treatment and records.
27. Further still, ALOFS and his Co-counsel were provided with access and copies of
the file of the predecessor law firm; to wit, The Law Firm of Steven Slootsky, P.A.
28. Exhibit “I” to the Complaint reflects that the underlying medical records of Mr.
Gunter were provided to KAPLAN & SCONZO and that and more information was apparently
provided to Mr. Alof’s office. Attached hereto and marked as Exhibit “H” is a copy of an email
affirming communications between Mr. Alofs’s office and Mr. Slootsky’s office as to the relay of
the file that must have contained Plaintiff's medical records.
29. “[{O]Jne who has either actual or constructive information and notice sufficient to
put him on inquiry ... and ... fails to inquire and to learn that which he might reasonably be expected
to learn upon making such inquiry ... must suffer the consequence of his neglect.” Sickler_v.
Melbourne State Bank, 118 Fla. 468, 159 So. 678, 679 (Fla., 1935).
30. Specifically, the Slootsky Firm provided ALOFS Co-Counsel, KAPLAN &
SCONZO and by extension ALOFS with, inter alia:
a) a table of non-party production which must have included, inter alia, treatment by
i) Orthopedic & Spine Center of South Florida, LLC ii) Dr. Gary Bloomberg (a/k/a
Blumberg) of Complete Rehab & Medical Center of Hollywood; iii) Dr. Anthony Hall of
Orthopedic & Spine Center of South Florida, LLC d/b/a Neurosurgical Associates of South
Florida; iv) Dr. Robert Simon of Orthopedic & Spine Center of South Florida, LLC;
b) ajump drive of Mr. Gunter’s medical records and bills;
c) access to the SLOOTSKY FIRM’s file which was in turn copied for them by
DocuSolutions; and
d) the Answers to Interrogatories which listed several of the Plaintiffs’ employees and/or
independent contractors.
31. Based on the Interrogatory Responses filed almost nine (9) months before ALOFS
and KAPLAN & SCONZO substituted in as counsel, these files must have contained informationof the physicians, care and treatment, letters of protection and invoices of the Plaintiffs — all matters
within ALOFS and his co-counsel’s knowledge and easily confirmable by ALOFS.
32. Accordingly, Defendant, ALOFS, had a duty to investigate the existence of medical
bills and liens.
33. Furthermore, Public Records reflects the following:
i) The attorneys who substituted for the Slootsky firm were: The Alofs Law
Firm and Kaplan & Sconzo, P.A. Attached as EXHIBIT “I” is a copy of
the Notice of Substitution of Counsel;
ii) The Alofs Law Firm is a fictitious name owned by Todd Cash Alofs — in
his individual capacity. Attached as composite EXHIBIT “J” are filings
by Todd Cash Alofs reflecting his intent, accomplishment and perpetuation
of the filing of the fictitious name in his individual capacity.
34, Further, the Plaintiffs contacted Defendant ALOFS’ counsel to determine if
Defendant GUNTER retained the ALOFS LAW FIRM which is a fictitious name owned by Todd
Cash Alofs in his individual capacity or Todd Cash Alofs, P.A., or both. Despite request, the
Defendant ALOFS’ counsel and/or ALOFS has have refused to disclose the same.
35. Lastly, on January 15, 2016, in Plaintiffs’ Amended Complaint, Plaintiffs’ stated
that as discovery proceeds, if it is determined that one or the other of Todd Cash Alofs or Todd
Cash Alofs, P.A., was not a proper party to this case, Plaintiffs would drop that party from this
case.
WHEREFORE, for the foregoing reasons, Plaintiffs, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC AND
SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, and UNIVERSAL MEDIQUIPP, LLC, respectfully request that this Honorable Court
deny Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s, Motion for SanctionsPursuant to Florida Statutes § 57.105, and grant such further and other relief as this Honorable
Court deems just and proper.
Dated: April 19, 2016 SPYREDES LAW FIRM, P.A.
4400 North Federal Highway, Suite 408
Boca Raton, Florida 33431
Tel: 561-405-9000; Fax: 561-221-6730
Designated Email
Primary: ServiceDocuments@spylaw.net
Secondary: monica@spylaw.net
/S/ Anastasios Tom Spvredes
Anastasios Tom Spyredes, Esq.
Florida Bar No.: 0044740
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that, on this 19th day of April, 2016, a true and correct copy of
the foregoing has been electronically filed with the Clerk of Court via Florida Courts E-Filing
Portal and served as pursuant to Florida Rule of Judicial Administration 2.516, to:
Scott §. Warburton, Esq., at swarburton@iadamscoogler.com: chill@adamscoogler.com
bschuliz~@adamscoogler.com; wrivera@adamscoogler.com; Richard K. Slinkman, Esq. at
rich@sswlawfl.com and David Gunter at dpgunter@me.com.,
/S/ Anastasios Tom Spvredes
Anastasios Tom Spyredes, Esq.
Florida Bar No.: 0044740EXHIBIT “A”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, TWO
AND TWO, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF
DEERFIELD, ORTHOPEDIC AND
SPINE CENTER OF SOUTH FLORIDA
d/b/a NEUROSURGICAL ASSOCIATES
OF SOUTH FLORIDA, ORTHOPEDIC
AND SPINE CENTER OF SOUTH FLORIDA,
LLC, and UNIVERSAL MEDIQUIP, LLC,
Plaintiffs,
Vv.
TODD CASH ALOFS d/b/a
THE ALOFS LAW FIRM, and
DAVID GUNTER,
Defendants.
CASE NO.:
/
COMPLAINT
COME NOW, the Plaintiffs, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD, TWO AND TWO, LLC d/b/a COMPLETE REHAB
AND MEDICAL CENTER OF DEERFIELD, ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA,
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, and UNIVERSAL
MEDIQUIP, LLC (collectively, the “Plaintiffs”), by and through their undersigned counsel and
hereby sue the Defendants, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM (“ALOFS”)
and DAVID GUNTER (“GUNTER”), and in support thereof state:JURISDICTION, PARTIES, VENUE
1. This is an action for damages in excess of $15,000 and accordingly, pursuant to,
inter alia, Article V, §5 Florida Constitution and §26.012, Florida Statutes, jurisdiction is vested
in this Honorable Court.
2. At all times material, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD, was a Florida limited liability company doing business
in, inter alia, Broward County, Florida.
3. At all times material, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF DEERFIELD, was a Florida limited liability company doing business
in, inter alia, Broward County, Florida.
4. At all times material, ORTHOPEDIC AND SPINE CENTER OF SOUTH
FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, was a Florida
limited liability company doing business in, inter alia, Broward County, Florida.
5. At all times material, ORTHOPEDIC AND SPINE CENTER OF SOUTH
FLORIDA, LLC, was a Florida limited liability company doing business in, inter alia, Broward
County, Florida.
6. At all times material, UNIVERSAL MEDIQUIP, LLC, was a Florida limited
liability company doing business in, inter alia, Palm Beach County, Florida.
7. At all times material, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, was
a fictitious entity doing business in, inter alia, Palm Beach County, Florida.
8. On information and belief, at all times material, DAVID GUNTER, was a resident
of Palm Beach County, Florida.9. Venue is proper in Broward County as the acts or omissions giving rise to the claims
occurred in Broward County, Florida and payments under the subject agreements were due in
Broward County, Florida.
10. All conditions precedent to filing this action have been met, satisfied or waived.
ALLEGATIONS COMMON TO ALL COUNTS
ll. Plaintiffs are providers who provide medical treatment and services.
12. On information and belief, GUNTER, sustained injuries in a personal injury
accident.
13. On information and belief, Defendant, GUNTER, retained ALOFS to pursue a
personal injury action for the damages caused to Defendant, GUNTER (the “Underlying Tort
Action”).
14. The Plaintiffs provided medical treatment to Defendant, GUNTER.
15. On or about March 16, 2009, the Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, entered into a written
agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide medical
treatment. Attached hereto as composite Exhibit “A” is a copy of the Letter of Protection.
16. On or about March 16, 2009, the Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, entered into a written
agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide medical
treatment. Attached hereto as composite Exhibit “B” is a copy of the Letter of Protection.
17. On or about December 11, 2008, the Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, entered into a written agreement with the Defendant, GUNTER (the “Letter ofProtection”), to provide medical treatment. Attached hereto as composite Exhibit “C” is a copy
of the Letter of Protection.
18. On or about December 11, 2008, the Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, entered into a written agreement with the Defendant, GUNTER (the “Letter of
Protection”), to provide medical treatment. Attached hereto as composite Exhibit “D” is a copy
of the Letter of Protection.
19, On or about June 9, 2009, the Plaintiff, UNIVERSAL MEDIQUIP, LLC, entered
into a written agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide
medical treatment. Attached hereto as composite Exhibit “E” is a copy of the Letter of Protection.
20. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, in reliance of its Letter of Protection, provided medical services to
Defendant, GUNTER, which resulted in a bill of $450.00.
21. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, in reliance of its Letter of Protection, provided medical services to
Defendant, GUNTER, which resulted in a bill of $150.00.
22. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, in reliance of its Letter of
Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of
$81,701.80.
23. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC
d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, in reliance of its Letterof Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of
$42,507.95.
24. Plaintiff, UNIVERSAL MEDIQUIP, LLC, in reliance of its Letter of Protection,
provided medical services to Defendant, GUNTER, which resulted in a bill of $16,624.50.
25. At all times material, Defendant, ALOFS, was aware of the medical services
provided by Plaintiffs to Defendant, GUNTER, and of his agreement to honor and protect the
Plaintiffs pursuant to the Letters of Protection.
26. Payment for such medical services and/or goods was due upon either by settlement
and/or judgment being achieved in the Underlying Tort Action.
27. The Plaintiffs provided Defendant, ALOFS, with a copy of the medical records of
all treatments and the outstanding bills for Defendant, GUNTER. Neither ALOFS nor GUNTER
objected to the charges for medical services reflected on Plaintiffs’ outstanding bills.
28. On information and belief, Defendant, ALOFS, used the medical records and bills
provided by the Plaintiffs to obtain a settlement in the Underlying Tort Action.
29. On information and belief, the Underlying Tort Action was settled.
30. Despite demand, Defendant, ALOFS, has refused to pay the Plaintiffs or to
interplead the funds to permit the parties to litigate their relative entitlements.
31. On information and belief, Defendant, ALOFS, has disbursed the settlement
proceeds and taken its legal fees in priority of the Plaintiffs.
32. All conditions precedent to bringing this action have been met, satisfied or waived
and Plaintiffs are obligated to pay their counsel their reasonable attorneys’ fees and costs in the
prosecution of this action.COUNT I- BREACH OF CONTRACT
TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST DEFENDANT, DAVID GUNTER
33. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 32 above as
though fully re-written herein below.
34. Defendant, GUNTER, breached his contract with Plaintiff, TWO AND TWO, LLC
d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, by, inter alia, failing
to pay the sums due to Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD when due.
35. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, has suffered damages as a result of Defendant, GUNTER’s, breach
of his contract with Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD.
WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment
against Defendant, DAVID GUNTER, for its damages, interest and cost, and for such further and
other relief as this Honorable Court deems just and proper.
COUNT IIl- BREACH OF CONTRACT
TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
DEERFIELD AS AGAINST DEFENDANT, DAVID GUNTER
36. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, restates the allegations made in paragraphs 1 through 32 above as
though fully re-written herein below.37. Defendant, GUNTER, breached his contract with Plaintiff, TWO AND TWO, LLC
d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, by, inter alia, failing
to pay the sums due to Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF DEERFIELD, when due.
38. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, has suffered damages as a result of Defendant, GUNTER’s, breach
of his contract with Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF DEERFIELD.
WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD demands judgment against
Defendant, DAVID GUNTER, for its damages, interest and cost, and for such further and other
relief as this Honorable Court deems just and proper.
COUNT III- BREACH OF CONTRACT
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST
DEFENDANT, DAVID GUNTER
39. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1| through 32 above as though fully re-written herein below.
40. Defendant, GUNTER, breached his contract with Plaintiff, ORTHOPEDIC AND
SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA by, inter alia, failing to pay the sums due to Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, when due.Al. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has suffered damages as a result of
Defendant, GUNTER’s, breach of his contract with Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, demands judgment against Defendant, DAVID GUNTER, for its damages, interest
and cost, and for such further and other relief as this Honorable Court deems just and proper.
COUNT IV- BREACH OF CONTRACT
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA AS AGAINST DEFENDANT, DAVID GUNTER
42. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC,
restates the allegations made in paragraphs | through 32 above as though fully re-written herein
below.
43. Defendant, GUNTER, breached his contract with Plaintiff, ORTHOPEDIC AND
SPINE CENTER OF SOUTH FLORIDA, LLC by, inter alia, failing to pay the sums due to
Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, when due.
44. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC,
has suffered damages as a result of Defendant, GUNTER’s, breach of his contract with Plaintiff,
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA, LLC, demands judgment against Defendant, DAVIDGUNTER, for its damages, interest and cost, and for such further and other relief as this Honorable
Court deems just and proper.
COUNT V- BREACH OF CONTRACT
UNIVERSAL MEDIQUIP, LLC AS AGAINST DEFENDANT, DAVID GUNTER
45. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 32 above as though fully re-written herein below.
46. Defendant, GUNTER, breached his contract with Plaintiff, UNIVERSAL
MEDIQUIP, LLC by, inter alia, failing to pay the sums due to Plaintiff, UNIVERSAL
MEDIQUIP, LLC, when due.
47. Plaintiff, UNIVERSAL MEDIQUIP, LLC has suffered damages as a result of
Defendant, GUNTER’s, breach of his contract with Plaintiff, UNIVERSAL MEDIQUIP, LLC.
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, DAVID GUNTER, for its damages, interest and cost, and
for such further and other relief as this Honorable Court deems just and proper.
COUNT VI-ACCOUNT STATED
TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST, DAVID GUNTER
48. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 32 above as
though fully re-written herein below.
49. Defendant, GUNTER, owes Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, the amount of $450.00 with interest
since March 16, 2009, according to the account attached hereto and marked as composite Exhibit
“A”WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment
against Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and
other relief as this Honorable Court deems just and proper.
COUNT VII-ACCOUNT STATED
TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
DEERFIELD AS AGAINST DEFENDANT, DAVID GUNTER
50. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, restates the allegations made in paragraphs 1 through 32 above as
though fully re-written herein below.
SL. Defendant, GUNTER, owes Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF DEERFIELD, the amount of $150.00 with interest since
May 13, 2009, according to the account attached hereto and marked as composite Exhibit “B.”
WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, demands judgment against
Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and other
relief as this Honorable Court deems just and proper.
COUNT VIII-ACCOUNT STATED
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA AS AGAINST DEFENDANT, DAVID GUNTER
52. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1 through 32 above as though fully re-written herein below.
53. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, theamount of $81,701.80 with interest since January 20, 2010, according to the account attached
hereto and marked as composite Exhibit “C.”
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, demands judgment against Defendant, DAVID GUNTER, for its damages, interest
and costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT IX-ACCOUNT STATED
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC
AS AGAINST DEFENDANT, DAVID GUNTER
54. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC,
restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein
below.
55. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA, LLC, the amount of $42,507.95 with interest since May 24, 2010, according
to the account attached hereto and marked as composite Exhibit “D.”
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA, LLC, demands judgment against Defendant, DAVID
GUNTER, for its damages, interest and costs, and for such further and other relief as this
Honorable Court deems just and proper.
COUNT X-ACCOUNT STATED
UNIVERSAL MEDIQUIP, LLC AS AGAINST DEFENDANT, DAVID GUNTER
56. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 32 above as though fully re-written herein below.57. Defendant, GUNTER, owes Plaintiff, UNIVERSAL MEDIQUIP, LLC, the amount
of $16,642.50 with interest since June 16, 2009, according to the account attached hereto and
marked as composite Exhibit “E.”
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, DAVID GUNTER, for its damages, interest and costs, and
for such further and other relief as this Honorable Court deems just and proper.
COUNT XI-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD AS AGAINST TODD CASH
ALOFS d/b/a THE ALOFS LAW FIRM
58. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 32 above as
though fully re-written herein below.
59. At all times material, Defendant, ALOFS, was aware of the business relationship
between Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, and Defendant, GUNTER.
60. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, and the Defendant, GUNTER, by, inter
alia, making payment of amounts otherwise due to Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another person and/or
entity.
61. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, ALOFS’ conduct.WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment
against Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for its damages,
interest and costs, and for such further and other relief as this Honorable Court deems just and
proper.
COUNT XII-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY TWO AND TWO, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF DEERFIELD AS AGAINST TODD CASH ALOFS
d/b/a THE ALOFS LAW FIRM
62. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, restates the allegations made in paragraphs 1 through 32 above as
though fully re-written herein below.
63. At all times material, Defendant, ALOFS, was aware of the business relationship
between Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, and Defendant, GUNTER.
64. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF DEERFIELD, and the Defendant, GUNTER, by inter
alia, making payment of amounts otherwise due to Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, to another person and/or
entity.
65. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF DEERFIELD, has been damaged as a result of Defendant, ALOFS’s conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, demands judgment against
13Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT XII-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH
ALOFS d/b/a THE ALOFS LAW FIRM
66. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs | through 32 above as though fully re-written herein below.
67. At all times material, Defendant, ALOFS, was aware of the business relationship
between Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and Defendant, GUNTER.
68. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and the
Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff,
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity.
69. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of
Defendant, ALOFS’ conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, demands judgment against Defendant, TODD CASH ALOFS d/b/a THE ALOFSLAW FIRM, for its damages, interest and costs, and for such further and other relief as this
Honorable Court deems just and proper.
COUNT XIV-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC AS
AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM
70. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC,
restates the allegations made in paragraphs | through 32 above as though fully re-written herein
below.
71. At all times material, Defendant, ALOFS, was aware of the business relationship
between Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, and
Defendant, GUNTER.
72. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA, LLC, and the Defendant, GUNTER, by inter alia, making payment of
amounts otherwise due to Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH
FLORIDA, LLC, to another person and/or entity.
73. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC,
has been damaged as a result of Defendant, ALOFS’s conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA, LLC, demands judgment against Defendant, TODD CASH
ALOFS d/b/a THE ALOFS LAW FIRM, for its damages, interest and costs, and for such further
and other relief as this Honorable Court deems just and proper.
COUNT XV-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS
d/b/a THE ALOFS LAW FIRM74. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs | through 32 above as though fully re-written herein below.
75. At all times material, Defendant, ALOFS, was aware of the business relationship
between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and Defendant, GUNTER.
76. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, UNIVERSAL MEDIQUIP, LLC, and the
Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff,
UNIVERSAL MEDIQUIP, LLC, to another person and/or entity.
77. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of
Defendant, ALOFS’ conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for
its damages, interest and costs, and for such further and other relief as this Honorable Court deems
just and proper.
Dated: December 4, 2015 SPYREDES LAW FIRM, P.A.
4400 North Federal Hwy., Suite 408
Boca Raton, Florida 33431
Tel: 561-405-9000; Fax: 561-221-6730
Designated Emails:
Primary: ServiceDocumenis(@
Secondary: monica@spylaw.net
spylaw.net
/s/ Sheena D. Smith
Sheena D. Smith, Esq.
Florida Bar No.: 118919EXHIBIT “A”WBR-16-2B009(H0R) 15:S2 LAW OFFICE OF STEVEN-E SLOOTSKY (FRX) 3SA7SqI545 P,60t/a01
Oe Uate/Tina on om. 3134 : ®, val
fae ‘a _ AB ete (DIAN
Soca aed tageen bad Benton cao Soe een
Se
lérPatient Ledger
MEDICAL REHAB CENTERS
Complete Rehab Hollywood
DAVID GUNTER (3345)
Responsible: Self Homo: (561) 776-3896 Works (561) 267-0722
Pri OTECTION (LO!
First Biles Last ited Times Billed
Primary: 03/16/2009 osrsev2009 1
“Billing Total: ‘$300.00 $0.00 $300.00 |
42665 04/15/2009 .UMBOO! _99213_ RE- EXAM/FINAL EXAM/R.( ____$150.00 $0.00. $150.00
_Biling Tota $150.00 $0.00, $150.00 *
“Patient Total: $450.00 $0.00 $450.00 ©
* patient Unapplied Prepayment Total : $0.00 *
Provider Totals
GARY BLUMBERG, DO O0S6049
ue Se eee
! Report Prepayment Totals
Printedon 4/1/2015 12:26:53Ph Page 1 of 1EXHIBIT “B”ARR-16-2O0S(HON) 15:54 LAW OFFICE OF STEVEN-E SLOUTSKT (FBX) 950761585 P paren
Ry Bete/Tias aan 3030 fa aesq FOUR
Complete Rehab & Madical Centers
Letter of Protection
Pacers Some: DAW GER =o ot :
Sado heryextharte the etre cater to fant yan, my tion eth afl repo my east
{tor arbi treatment, ard progress Of rset to pega to my oxide
Thereby shea Dente std cn ary section cham, $etsment, ors as esa felt
Soe ee
setiiement Seaeeaeaee mer 7
EeGyarcestond sity meprats el dat rl eed
a aaa
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‘nce gs SSR aa BEES
on EM GO sn
Tea ate attorney of of thes atterreey, far
ae Sereegeeterinmma i ‘Who ces agrea toPatient Ledger
MEDICAL REHAB CENTERS
Complete Rehab of Deerfield
DAVID GUNTER (D1623)
Responsible: Self Home: (581) 776-3896 Work: (561) 267-0722 xCELL
Primary: LETTER OF PROTECTION (LOP)
Tertiary: STEVEN SLOOTSKY (SLOOTSKY)
|
10738 RE- EXAMIFINAL EXAMIR.C $150.00 “$0.00 $150.00
99213
Billing Total: $150.00 $0.00 $150.00
14544 08/05/2010 .UMB00: MED-R0000 MED-REC FEE $49.60 $0.00 $49.60
14544 08/05/2010 -UMB00: VEDREOOOC MED REC PAID $0.00 $49.60 $0.00
Note: 41095
Billing Total: $49.60 $49.60 $0.00
Patient Total: . $199.60 $49.60 $150.00
Patient Unapplied Prepayment Total $0.00
Provider Totals
GARY BLUMBERG, DO - OS6049 $49.60 $49.60 $0.00
ANJAN GHOSH, M.D. $150.00 $0.00 $150.00
Report Totals $199.60 $49.60 $150.00
Report Prepayment Totals $0.00
Printed on 6/5/2015 10:56:03An Page 1 of 1EXHIBIT “C”“fw DacesTice
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Thereby nutherte and direct yoo, my anoraey, te pay dlractly to Sci Flekds
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inchading all possible attomey fees for enforcement of this agreement I
“etd I cain pls ny oar vin ft me 7
anyone, dicliding to myielfthe client'to my atomtey of any atomey involved with ths
Cate, er any other fien holder or provider prior to South Florida Neurosurgical :
, Tatts, hie |
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‘The undessipsed Leing attamey of record for the above patient does herebyagres to
observe al the terms of the abave and a sediholdl such ous Irom any gedlefuens,
Juelgment of verdict as mséy be neces cl protect Sauth
Netrosurgical Institute, Inc,
7 " ROOT’: Please sign and retam to tht ofce at your eal convenience.NEURC™ "RGICAL ASSOCIATES SOUTH F, “DA, LEC
&/ DR ANTHONY J. HALL & DR. BEHNaw## J, MYERS
POWER OF ATTORNEY AND MEDICAL RELEASE
POWER OF ATTORNEY TO ENDORSE
EXPEDITE
PAYMENT TO PROVIDER
CHECKS AND OR SIGN ANY PIECE OF PAPER WHICH WILL ENHANCE OR
OF MEDICAL RECORDS AND ASSI
FOR SERVICES RENDERED. INCLUDING BUT NOT LIMITED TO. RELEASE
IGNMENT OF BENEFITS AUTHORIZATION TO PAY.
‘Know by all these present tha: The undersigned has made. constiuted and appointed and by these presems does hereby make
constione and eppoim NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC. and any of its duly autherized
ageats and employees as and to be the undersigned’ true and lawful ‘attomey for and in the undersigned’s name, place and stead
to endorse any and all checks, draft and money orders which made payable to the undersigned alone or to the undersigned and the
said NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC. which checks, drafts or money orders are made
Payable for the services which have been made by NEUROSURGICAL ASSOCLATES SOUTH FLORIDA, LLC. a the
Tequest or with the nowledge end approval of the undersigned and/or the marker of the check, draft or money order.
Furthermore, the undersigned allows NEUROS!
URGICAL ASSOCIATES SOUTH FLORIDA. LLC. or any of’ its agents
Yo sign any paper thet will be
necessary to enhance, expedite and/or allow payment said provider. This may include affidavits of
non-ownership of vehicles. insurance forms and other statements.
MEDICAL RELEASE
4. photocopy of this document shall ‘be sufficient to authorize any person having records of medical treatment. services. o1
‘Supplies pertaining to me to release true copies of same to NEUROSURGICAL ASSOCIATES SOUTH FLORIDA.
~ oF any other insurer providing coverage to me in connection with the processing af any claim for benefits made by-me or
by the assignee herein. A photocopy of this documem shall be as binding as an original signature page.
The undersigned does hereby ratify and confirm any and all actions
‘taken by the said attomey in accordance with this special
power ich the said
oes LS Gey Sols
‘atient Name (PLEASE.
Page 7 of 12v
3
NEUF "RGICAL ASSOCIATES SOUTH }
A, LLC
DR, ANTHONY J, HALL & DR. BEHNAY4 J.
L the undersigned patient or person responsible for the patient. do hereby direct and authorize
NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC to furnish my insurance company.
attorney, personal physician. or any representative thereof, any and all information which maybe
pertinent regarding my medical condition and medical treatment rendered to me.
T.the undersigned patient or person responsible for the patiem. do hereby acknowledge that | am
responsible-for the payment of fees for medical services rendered to me by NEUROSURGICAL
ASSOCIATES SOUTH FLORIDA, LLC to act as my agent in assisting me to obtain payment from
ty insurance company of bills for medical services rendered. ] authorize and direct
NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC to furnish upon request medical or
other information necessary to process claimsto any insurance company responsible for payment of
fees for medical services rendered on my behalf be NEUROSURGICAL ASSOCIATES SOUTH
FLORIDA, LLC.
1, the patient or person responsible for the patient, do hereby authorize and direct that payment of bills
for medical services rendered by NEUROSURGICAL ASSOCIATES SOUTH FLORIDA, LLC be
made directly to NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC on my behalf. | permit
a copy of this authorization to be used in place of the original.
Thereby declare by my signature helow thar | have read an¢ understand all of the provisions above
Signature:, Dare: iy tA4r ha
Witnessed By: Date:
Page 6 of 2YY
PAGE: 3
KAPLAN & & SCONZO, P.A. BILLING DATE: 07/07/15
PGA FINANCIAL PLAZA
3399 PGA BLVD STE#180 AMOUNT DUE : 81,701.80
P BG FL 33410
BILL TO: GUNTER DAVID CHART #; GP00231
DATE POS PROC DESCRIPTION CHARGES CREDITS BALANCE
01/20/10 W/O CIGNA c# 358471 150.80- 92866.60
01/20/10 PMT CIGNA c# 348201 310.05- 92556.55
01/20/10 W/O CIGNA c# 348201 103.35- 92453.20
02/12/10 DEDUCTIABLE VH c# 340981 0.00 92453.20
02/12/10 Deductible 650.00
D GUNTER .
BEHNAM MYERS
02/26/10 RESCHEDULED 50.00 92503.20
03/03/10 PMT CIGNA c# 340971 5,426.40- 87076.80
03/12/10 PMT CIGNA c# 326051 5,375.00- 81701.80
CURRENT/30-60 DAYS/60-90 DAYS/ >90 DAYS/ TOTAL TOTAL DUE
0.00 0.00 0.00 81,701.80 81,701.80 81,701.80
NEUROSORGICAL ASSOC OF FL
150 S ANDREWS AVE #440
POMPANO BEACH FL 33069
PHONE : 954 941 2679EXHIBIT “D”“a DecesTiaeDECH21-200RSUN) 1ST) 5
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Ho, 8404 ens YOU, My attorney, With a fil «
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accident er oa hee,
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Neurosurgin}
Inte, Te ft eer rer Brlor to South Florida
pect time Li f Dares 4 Loe /
‘The undersipsed being attomey of record for the :
Observe a the terms of the sbave and Dldeld ah sae
Jorlgmeat op vertiicr as may be ely proteet Seuth Finca
_ Aoi Az Date: 42-52-09 wtNEUR "RGICAL ASSOCIATES SOUTH F, “UDA, LLC
ey DR. ANTHONY J, HALL & DR. Bi J. MYERS
POWER OF ATTORNEY AND MEDICAL RELEASE
POWER OF ATTORNEY TO ENDORSE CHECKS AND OR SIGN ANY PIECE OF PAPER WHICH WILL ENHANCE OR
EXPEDITE PAYMENT TO PROVIDER FOR SERVICES RENDERED. INCLUDING BUT NOT LIMITED TO. RELEASE
OF MEDICAL RECORDS AND ASSIGNMENT OF BENEFITS AUTHORIZATION TOPAY.
Know by all these present thai The undersigned has made. constituted ané appointed and by these presents dots hereby make
constinne and appoim NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC. and any of its duly authorized
ageats and employees as and to be the undersigned's true and lawful smomey for and in the undersigned’s name, place and steed
w endorse any and al) Checks, draft and money orders w
Preview
Filing # 40454671 E-Filed 04/19/2016 03:14:06 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC & SPINE CASE NO.: CACE15-021427 CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA LLC, and UNIVERSAL MEDIQUIP, LLC, Plaintiffs, vs. TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, TODD CASH ALOFS, P.A., KAPLAN & SCONZO, P.A., and DAVID GUNTER, Defendants. / PLAINTIFFS’ RESPONSE TO DEFENDANT, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’S, MOTION FOR SANCTIONS PURSUANT TO FLOR) STATUTE & 57. COME NOW, the Plaintiffs, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and UNIVERSAL MEDIQUIP, LLC (collectively, the “Plaintiffs”), by and through their undersigned counsel and hereby file this Response to Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s (hereinafter “ALOFS”), Motion for Sanctions pursuant to Florida Statute § 57.105, and in support thereof state: *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/19/2016 3:14:06 PM.****1. On January 8, 2016, ALOFS was served with Plaintiffs’ Complaint! (“Complaint”), Attached as Exhibit “A” is a copy of the Complaint. 2. On January 15, 2016, ALOFS’ counsel sent an email to Plaintiff's counsel addressing one issue; to wit, the allegation that the wrong party had been sued. Attached hereto and marked as Exhibit “B” is a copy of ALOFS’ counsel’s January 15, 2016 email. 3. On January 19, 2016, Plaintiff's counsel responded by advising, inter alia: I certainly have no intention in pursuing the wrong party(ies) and similarly have no desire to not pursue the right party(ies). and seeking further information to verify the correct party(ies) to be pursued. Attached hereto and marked as Exhibit “C” is a copy of said January 19, 2016 email. 4, On January 27, 2016, without response to the queries in Plaintiff's counsel’s January 19, 2016 email, ALOFS served its Motion for §57.105 fees and costs making only the bald assertions that: i) ALOFS had signed no Letters of Protection; ii) ALOFS had no contract with Gunter; and iii) that the appropriate party ought to have been the corporate entity “Todd Cash Alofs, P.A.” Attached and marked as Exhibit “D” is a copy of ALOFS’ Motion and accompanying correspondence. 5. On February 10, 2016, Plaintiff's counsel responded to ALOFS’ Motion and sought clarification of the inconsistencies raised within the Motion and furthermore provided the support * Defendant Todd Cash Alofs d/b/a The Alofs Law Firm’s Motion for Sanctions is directed to Plaintiff's Original Complaint served January 8, 2016. Subsequently, on February 16, 2016, the Plaintiffs’ filed and served an Amended Complaint—which Defendant’s Motion does not address.for filing suit as against ALOFS in his individual capacity. Attached hereto and marked as Exhibit “E” is a copy of said email with accompanying attachments. 6. Having received no reply, on February 16, 2016, Plaintiff's counsel again wrote to ALOFS’ counsel seeking clarification of ALOFS’ Motion. Attached hereto and marked as Exhibit “F” is a copy of Plaintiff's counsel’s letter. 7. Still having received no reply to any of Plaintiff's efforts to clarify and resolve the issues and with an impending statute of limitations about to expire, Plaintiff filed its Amended Complaint adding the additional parties and further support for the claims. Attached hereto and marked as Exhibit “G” is a copy of the Amended Complaint. 8. On February 26, 2016, ALOFS subsequently filed its Motion for Sanctions directed to the original Complaint; not the Amended Complaint. 9. The Defendant’s Motion is predicated on two bases; to wit; a. The assertion that ALOFS was unaware of the Plaintiff’s letters of protection and treatment; and b. The assertion that the proper party to the suit ought not have been ALOFS but rather, ALOFS law firm — Todd Cash Alofs, P.A. 10. Specifically, ALOFS argues the ALOFS never signed the Letters of Protection, the invoices are not addressed to ALOFS nor are any of the Letters of Protection “dated after the time of Defendant ALOFS involvement in the underlying matter.” Def. Mtn. For Sanct. | 4-5. ll. Defendant further alleges the Letters of Protection were never provided to Defendant ALOFS and were not known by him to be in existence. Def. Mtn. For Sanct. {| 6. 12. Additionally, Defendant ALOFS’ Motion alleges the Plaintiffs have wrongfully named Defendant ALOFS, individually, as a party to the suit, fail to allege ALOFS was involved in the underlying claim in his individual capacity, and fail to make any allegation sufficient to pierce the corporate veil. Def. Mtn. For Sanct. 4 9.13. However, for the following reasons, the Defendant ALOFS’ Motion for Sanctions, is completely without merit and Defendant ALOFS’ Motion for Sanctions should be denied. ARGUMENT 14, Section 57.105, Florida Statutes, provides: (1) Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party's attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial: (a) Was not supported by the material facts necessary to establish the claim or defense; or (b) Would not be supported by the application of then-existing law to those material facts. (3) Notwithstanding subsections (1) and (2), monetary sanctions may not be awarded: (a) Under paragraph (1)(b) if the court determines that the claim or defense was initially presented to the court as a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, as it applied to the material facts, with a reasonable expectation of success. (b) Under paragraph (1)(a) or paragraph (1)(b) against the losing party's attorney if he or she has acted in good faith, based on the representations of his or her client as to the existence of those material facts. 15. The purpose of section 57.105 is to discourage baseless claims, stonewall defenses, and sham appeals. Read v. Taylor, 832 So. 2d 219, 222 (Fla. 4th DCA 2002). Florida favors access to courts and has interpreted section 57.105 to provide a remedy only where the plaintiff's compliant is completely untenable. Id.16. An award of attorney’s fees is not appropriate as long as the complaint alleges some justiciable issue and a party’s good faith efforts to change existing law does not render an action frivolous. Id. 17. Thus, in determining an award of fees under section 57.105, “[t]he [trial] court determines if the party or its counsel knew or should have known that the claim or defense asserted was not supported by facts or an application of existing law.” Blue Infiniti, LLC v. Wilson, 170 So. 3d 136, 140 (Fla. 4th DCA 2015). 18. A case is “frivolous,” justifying the award of fees, only when the case can be said to be “completely without merit in law” or contradicted by overwhelming evidence.” Asinmax v. Semrau, 42 So. 3d 955, 958 (Fla. 4th DCA 2010). 19. Further, the trial court’s findings must be based upon substantial competent evidence presented to the court at the hearing on attorney’s fees or otherwise before the court or in the trial records. Blue Infiniti, LLC, 170 So. 3d at 140. 20. As further stated in Connelly v Old Bridge Village Co-Op 915 So. 2d 652, 656 (Fla. 2™ DCA 2005: “Failing to state a cause of action is not, in and of itself, a sufficient basis to support a finding that a claim was so lacking in merit as to justify an award of fees pursuant to section 57.105. Mason v Highlands County Bd. Of County Comm’rs 817 Sp 2d 922, 923 (Fla. 2d DCA 2002). “[t]he revised statute, while broader than its predecessor, still is intended to address the issue of frivolous pleadings.” Read 832 So. 2d at 222. There are good reasons to apply the statute with restraint, as the First District cautioned in Bridgestone/Firestone, Inc. v Herron 828 So. 2d 414,419 (Fla. 1 DCA 2002): The courts must apply section 57.105 Florida Statutes (1999) carefully to ensure that tit servers the purpose for which it was intended. If an order dismissing a claim or striking a defense leads to a motion for attorneys’ fees, the point of the statute would be subverted and, in the end, it might even have the reverse effect of making civil litigation more expensive...An even more significant potential ramification of the court’s unrestrained assessment of fees is the unconstitutional infringement of our citizens’ rights of access to the courts, as guaranteed by article I, section 21 of the Florida Constitution. 21. First, ALOFS’ Motion is directed to the original Complaint which has been supplanted by the Amended Complaint. 22. Contrary to Defendant, ALOFS’, assertions, there is no allegation in the Plaintiffs’ Compliant or the Amended Complaint that ALOFS signed the Letters of Protections. 23. Further, the facts that ALOFS never signed the Letter of Protection, that none of the invoices or Letters of Protection were addressed to him or that the Letters of Protection were not “dated after the time of Defendant ALOFS involvement in the underlying matter,” are irrelevant. Def. Mtn. For Sanct. § 4-5. 24. A cause of action for tortious interference with a business or contractual relationship only exist where the Defendant is not a signatory to the underlying contract. Franklin Life Ins. Co. v. Davy, 753 So. 2d 581, 587 (Fla. Ist DCA 1999); Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742 So. 2d 381, 385-86 (Fla. 4th DCA 1999). 25. Moreover, Defendant ALOFS’ Motion for Sanctions admits he was “Co-counsel” for DAVID GUNTER in the underlying tort action and had a “supervisory interest” in how that case was resolved. Def. Mtn. For Sanct. { 7-8. 26. Further, in a telephone conversation between ALOFS’ Co-counsel Kaplan & Sconzo, P.A. and Plaintiffs’ counsel, Stuart Kaplan, Esq., advised undersigned counsel that i) ALOFS was the lead attorney in the underlying tort action of Defendant GUNTER, ii) that Defendant ALOFS was the attorney who distributed the settlement proceeds in the underlying tort action, and iii) that prior to the mediation of the underlying tort action, at the behest of ALOFS,KAPLAN & SCONZO’s associate obtained a lien update and accordingly, they were aware of additional medical treatment and records. 27. Further still, ALOFS and his Co-counsel were provided with access and copies of the file of the predecessor law firm; to wit, The Law Firm of Steven Slootsky, P.A. 28. Exhibit “I” to the Complaint reflects that the underlying medical records of Mr. Gunter were provided to KAPLAN & SCONZO and that and more information was apparently provided to Mr. Alof’s office. Attached hereto and marked as Exhibit “H” is a copy of an email affirming communications between Mr. Alofs’s office and Mr. Slootsky’s office as to the relay of the file that must have contained Plaintiff's medical records. 29. “[{O]Jne who has either actual or constructive information and notice sufficient to put him on inquiry ... and ... fails to inquire and to learn that which he might reasonably be expected to learn upon making such inquiry ... must suffer the consequence of his neglect.” Sickler_v. Melbourne State Bank, 118 Fla. 468, 159 So. 678, 679 (Fla., 1935). 30. Specifically, the Slootsky Firm provided ALOFS Co-Counsel, KAPLAN & SCONZO and by extension ALOFS with, inter alia: a) a table of non-party production which must have included, inter alia, treatment by i) Orthopedic & Spine Center of South Florida, LLC ii) Dr. Gary Bloomberg (a/k/a Blumberg) of Complete Rehab & Medical Center of Hollywood; iii) Dr. Anthony Hall of Orthopedic & Spine Center of South Florida, LLC d/b/a Neurosurgical Associates of South Florida; iv) Dr. Robert Simon of Orthopedic & Spine Center of South Florida, LLC; b) ajump drive of Mr. Gunter’s medical records and bills; c) access to the SLOOTSKY FIRM’s file which was in turn copied for them by DocuSolutions; and d) the Answers to Interrogatories which listed several of the Plaintiffs’ employees and/or independent contractors. 31. Based on the Interrogatory Responses filed almost nine (9) months before ALOFS and KAPLAN & SCONZO substituted in as counsel, these files must have contained informationof the physicians, care and treatment, letters of protection and invoices of the Plaintiffs — all matters within ALOFS and his co-counsel’s knowledge and easily confirmable by ALOFS. 32. Accordingly, Defendant, ALOFS, had a duty to investigate the existence of medical bills and liens. 33. Furthermore, Public Records reflects the following: i) The attorneys who substituted for the Slootsky firm were: The Alofs Law Firm and Kaplan & Sconzo, P.A. Attached as EXHIBIT “I” is a copy of the Notice of Substitution of Counsel; ii) The Alofs Law Firm is a fictitious name owned by Todd Cash Alofs — in his individual capacity. Attached as composite EXHIBIT “J” are filings by Todd Cash Alofs reflecting his intent, accomplishment and perpetuation of the filing of the fictitious name in his individual capacity. 34, Further, the Plaintiffs contacted Defendant ALOFS’ counsel to determine if Defendant GUNTER retained the ALOFS LAW FIRM which is a fictitious name owned by Todd Cash Alofs in his individual capacity or Todd Cash Alofs, P.A., or both. Despite request, the Defendant ALOFS’ counsel and/or ALOFS has have refused to disclose the same. 35. Lastly, on January 15, 2016, in Plaintiffs’ Amended Complaint, Plaintiffs’ stated that as discovery proceeds, if it is determined that one or the other of Todd Cash Alofs or Todd Cash Alofs, P.A., was not a proper party to this case, Plaintiffs would drop that party from this case. WHEREFORE, for the foregoing reasons, Plaintiffs, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and UNIVERSAL MEDIQUIPP, LLC, respectfully request that this Honorable Court deny Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s, Motion for SanctionsPursuant to Florida Statutes § 57.105, and grant such further and other relief as this Honorable Court deems just and proper. Dated: April 19, 2016 SPYREDES LAW FIRM, P.A. 4400 North Federal Highway, Suite 408 Boca Raton, Florida 33431 Tel: 561-405-9000; Fax: 561-221-6730 Designated Email Primary: ServiceDocuments@spylaw.net Secondary: monica@spylaw.net /S/ Anastasios Tom Spvredes Anastasios Tom Spyredes, Esq. Florida Bar No.: 0044740 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that, on this 19th day of April, 2016, a true and correct copy of the foregoing has been electronically filed with the Clerk of Court via Florida Courts E-Filing Portal and served as pursuant to Florida Rule of Judicial Administration 2.516, to: Scott §. Warburton, Esq., at swarburton@iadamscoogler.com: chill@adamscoogler.com bschuliz~@adamscoogler.com; wrivera@adamscoogler.com; Richard K. Slinkman, Esq. at rich@sswlawfl.com and David Gunter at dpgunter@me.com., /S/ Anastasios Tom Spvredes Anastasios Tom Spyredes, Esq. Florida Bar No.: 0044740EXHIBIT “A”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, and UNIVERSAL MEDIQUIP, LLC, Plaintiffs, Vv. TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, and DAVID GUNTER, Defendants. CASE NO.: / COMPLAINT COME NOW, the Plaintiffs, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, and UNIVERSAL MEDIQUIP, LLC (collectively, the “Plaintiffs”), by and through their undersigned counsel and hereby sue the Defendants, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM (“ALOFS”) and DAVID GUNTER (“GUNTER”), and in support thereof state:JURISDICTION, PARTIES, VENUE 1. This is an action for damages in excess of $15,000 and accordingly, pursuant to, inter alia, Article V, §5 Florida Constitution and §26.012, Florida Statutes, jurisdiction is vested in this Honorable Court. 2. At all times material, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, was a Florida limited liability company doing business in, inter alia, Broward County, Florida. 3. At all times material, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, was a Florida limited liability company doing business in, inter alia, Broward County, Florida. 4. At all times material, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, was a Florida limited liability company doing business in, inter alia, Broward County, Florida. 5. At all times material, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, was a Florida limited liability company doing business in, inter alia, Broward County, Florida. 6. At all times material, UNIVERSAL MEDIQUIP, LLC, was a Florida limited liability company doing business in, inter alia, Palm Beach County, Florida. 7. At all times material, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, was a fictitious entity doing business in, inter alia, Palm Beach County, Florida. 8. On information and belief, at all times material, DAVID GUNTER, was a resident of Palm Beach County, Florida.9. Venue is proper in Broward County as the acts or omissions giving rise to the claims occurred in Broward County, Florida and payments under the subject agreements were due in Broward County, Florida. 10. All conditions precedent to filing this action have been met, satisfied or waived. ALLEGATIONS COMMON TO ALL COUNTS ll. Plaintiffs are providers who provide medical treatment and services. 12. On information and belief, GUNTER, sustained injuries in a personal injury accident. 13. On information and belief, Defendant, GUNTER, retained ALOFS to pursue a personal injury action for the damages caused to Defendant, GUNTER (the “Underlying Tort Action”). 14. The Plaintiffs provided medical treatment to Defendant, GUNTER. 15. On or about March 16, 2009, the Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, entered into a written agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide medical treatment. Attached hereto as composite Exhibit “A” is a copy of the Letter of Protection. 16. On or about March 16, 2009, the Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, entered into a written agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide medical treatment. Attached hereto as composite Exhibit “B” is a copy of the Letter of Protection. 17. On or about December 11, 2008, the Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, entered into a written agreement with the Defendant, GUNTER (the “Letter ofProtection”), to provide medical treatment. Attached hereto as composite Exhibit “C” is a copy of the Letter of Protection. 18. On or about December 11, 2008, the Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, entered into a written agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide medical treatment. Attached hereto as composite Exhibit “D” is a copy of the Letter of Protection. 19, On or about June 9, 2009, the Plaintiff, UNIVERSAL MEDIQUIP, LLC, entered into a written agreement with the Defendant, GUNTER (the “Letter of Protection”), to provide medical treatment. Attached hereto as composite Exhibit “E” is a copy of the Letter of Protection. 20. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, in reliance of its Letter of Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of $450.00. 21. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, in reliance of its Letter of Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of $150.00. 22. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, in reliance of its Letter of Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of $81,701.80. 23. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, in reliance of its Letterof Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of $42,507.95. 24. Plaintiff, UNIVERSAL MEDIQUIP, LLC, in reliance of its Letter of Protection, provided medical services to Defendant, GUNTER, which resulted in a bill of $16,624.50. 25. At all times material, Defendant, ALOFS, was aware of the medical services provided by Plaintiffs to Defendant, GUNTER, and of his agreement to honor and protect the Plaintiffs pursuant to the Letters of Protection. 26. Payment for such medical services and/or goods was due upon either by settlement and/or judgment being achieved in the Underlying Tort Action. 27. The Plaintiffs provided Defendant, ALOFS, with a copy of the medical records of all treatments and the outstanding bills for Defendant, GUNTER. Neither ALOFS nor GUNTER objected to the charges for medical services reflected on Plaintiffs’ outstanding bills. 28. On information and belief, Defendant, ALOFS, used the medical records and bills provided by the Plaintiffs to obtain a settlement in the Underlying Tort Action. 29. On information and belief, the Underlying Tort Action was settled. 30. Despite demand, Defendant, ALOFS, has refused to pay the Plaintiffs or to interplead the funds to permit the parties to litigate their relative entitlements. 31. On information and belief, Defendant, ALOFS, has disbursed the settlement proceeds and taken its legal fees in priority of the Plaintiffs. 32. All conditions precedent to bringing this action have been met, satisfied or waived and Plaintiffs are obligated to pay their counsel their reasonable attorneys’ fees and costs in the prosecution of this action.COUNT I- BREACH OF CONTRACT TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST DEFENDANT, DAVID GUNTER 33. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 32 above as though fully re-written herein below. 34. Defendant, GUNTER, breached his contract with Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, by, inter alia, failing to pay the sums due to Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD when due. 35. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, has suffered damages as a result of Defendant, GUNTER’s, breach of his contract with Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD. WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and cost, and for such further and other relief as this Honorable Court deems just and proper. COUNT IIl- BREACH OF CONTRACT TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD AS AGAINST DEFENDANT, DAVID GUNTER 36. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below.37. Defendant, GUNTER, breached his contract with Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, by, inter alia, failing to pay the sums due to Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, when due. 38. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, has suffered damages as a result of Defendant, GUNTER’s, breach of his contract with Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD. WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD demands judgment against Defendant, DAVID GUNTER, for its damages, interest and cost, and for such further and other relief as this Honorable Court deems just and proper. COUNT III- BREACH OF CONTRACT ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST DEFENDANT, DAVID GUNTER 39. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1| through 32 above as though fully re-written herein below. 40. Defendant, GUNTER, breached his contract with Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA by, inter alia, failing to pay the sums due to Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, when due.Al. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has suffered damages as a result of Defendant, GUNTER’s, breach of his contract with Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and cost, and for such further and other relief as this Honorable Court deems just and proper. COUNT IV- BREACH OF CONTRACT ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST DEFENDANT, DAVID GUNTER 42. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, restates the allegations made in paragraphs | through 32 above as though fully re-written herein below. 43. Defendant, GUNTER, breached his contract with Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC by, inter alia, failing to pay the sums due to Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, when due. 44. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, has suffered damages as a result of Defendant, GUNTER’s, breach of his contract with Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, demands judgment against Defendant, DAVIDGUNTER, for its damages, interest and cost, and for such further and other relief as this Honorable Court deems just and proper. COUNT V- BREACH OF CONTRACT UNIVERSAL MEDIQUIP, LLC AS AGAINST DEFENDANT, DAVID GUNTER 45. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. 46. Defendant, GUNTER, breached his contract with Plaintiff, UNIVERSAL MEDIQUIP, LLC by, inter alia, failing to pay the sums due to Plaintiff, UNIVERSAL MEDIQUIP, LLC, when due. 47. Plaintiff, UNIVERSAL MEDIQUIP, LLC has suffered damages as a result of Defendant, GUNTER’s, breach of his contract with Plaintiff, UNIVERSAL MEDIQUIP, LLC. WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and cost, and for such further and other relief as this Honorable Court deems just and proper. COUNT VI-ACCOUNT STATED TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST, DAVID GUNTER 48. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. 49. Defendant, GUNTER, owes Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, the amount of $450.00 with interest since March 16, 2009, according to the account attached hereto and marked as composite Exhibit “A”WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT VII-ACCOUNT STATED TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD AS AGAINST DEFENDANT, DAVID GUNTER 50. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. SL. Defendant, GUNTER, owes Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, the amount of $150.00 with interest since May 13, 2009, according to the account attached hereto and marked as composite Exhibit “B.” WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT VIII-ACCOUNT STATED ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST DEFENDANT, DAVID GUNTER 52. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. 53. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, theamount of $81,701.80 with interest since January 20, 2010, according to the account attached hereto and marked as composite Exhibit “C.” WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT IX-ACCOUNT STATED ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC AS AGAINST DEFENDANT, DAVID GUNTER 54. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. 55. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, the amount of $42,507.95 with interest since May 24, 2010, according to the account attached hereto and marked as composite Exhibit “D.” WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT X-ACCOUNT STATED UNIVERSAL MEDIQUIP, LLC AS AGAINST DEFENDANT, DAVID GUNTER 56. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below.57. Defendant, GUNTER, owes Plaintiff, UNIVERSAL MEDIQUIP, LLC, the amount of $16,642.50 with interest since June 16, 2009, according to the account attached hereto and marked as composite Exhibit “E.” WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, DAVID GUNTER, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XI-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 58. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. 59. At all times material, Defendant, ALOFS, was aware of the business relationship between Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER. 60. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, and the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another person and/or entity. 61. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, ALOFS’ conduct.WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment against Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XII-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 62. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, restates the allegations made in paragraphs 1 through 32 above as though fully re-written herein below. 63. At all times material, Defendant, ALOFS, was aware of the business relationship between Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, and Defendant, GUNTER. 64. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, and the Defendant, GUNTER, by inter alia, making payment of amounts otherwise due to Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, to another person and/or entity. 65. Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, has been damaged as a result of Defendant, ALOFS’s conduct. WHEREFORE, for the foregoing reasons, Plaintiff, TWO AND TWO, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF DEERFIELD, demands judgment against 13Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XII-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 66. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs | through 32 above as though fully re-written herein below. 67. At all times material, Defendant, ALOFS, was aware of the business relationship between Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and Defendant, GUNTER. 68. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity. 69. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of Defendant, ALOFS’ conduct. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, demands judgment against Defendant, TODD CASH ALOFS d/b/a THE ALOFSLAW FIRM, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XIV-TORTIOUS INTERFERNCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 70. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, restates the allegations made in paragraphs | through 32 above as though fully re-written herein below. 71. At all times material, Defendant, ALOFS, was aware of the business relationship between Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, and Defendant, GUNTER. 72. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, and the Defendant, GUNTER, by inter alia, making payment of amounts otherwise due to Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, to another person and/or entity. 73. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, has been damaged as a result of Defendant, ALOFS’s conduct. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA, LLC, demands judgment against Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XV-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM74. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs | through 32 above as though fully re-written herein below. 75. At all times material, Defendant, ALOFS, was aware of the business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and Defendant, GUNTER. 76. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, UNIVERSAL MEDIQUIP, LLC, and the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff, UNIVERSAL MEDIQUIP, LLC, to another person and/or entity. 77. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of Defendant, ALOFS’ conduct. WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. Dated: December 4, 2015 SPYREDES LAW FIRM, P.A. 4400 North Federal Hwy., Suite 408 Boca Raton, Florida 33431 Tel: 561-405-9000; Fax: 561-221-6730 Designated Emails: Primary: ServiceDocumenis(@ Secondary: monica@spylaw.net spylaw.net /s/ Sheena D. Smith Sheena D. Smith, Esq. Florida Bar No.: 118919EXHIBIT “A”WBR-16-2B009(H0R) 15:S2 LAW OFFICE OF STEVEN-E SLOOTSKY (FRX) 3SA7SqI545 P,60t/a01 Oe Uate/Tina on om. 3134 : ®, val fae ‘a _ AB ete (DIAN Soca aed tageen bad Benton cao Soe een Se lérPatient Ledger MEDICAL REHAB CENTERS Complete Rehab Hollywood DAVID GUNTER (3345) Responsible: Self Homo: (561) 776-3896 Works (561) 267-0722 Pri OTECTION (LO! First Biles Last ited Times Billed Primary: 03/16/2009 osrsev2009 1 “Billing Total: ‘$300.00 $0.00 $300.00 | 42665 04/15/2009 .UMBOO! _99213_ RE- EXAM/FINAL EXAM/R.( ____$150.00 $0.00. $150.00 _Biling Tota $150.00 $0.00, $150.00 * “Patient Total: $450.00 $0.00 $450.00 © * patient Unapplied Prepayment Total : $0.00 * Provider Totals GARY BLUMBERG, DO O0S6049 ue Se eee ! Report Prepayment Totals Printedon 4/1/2015 12:26:53Ph Page 1 of 1EXHIBIT “B”ARR-16-2O0S(HON) 15:54 LAW OFFICE OF STEVEN-E SLOUTSKT (FBX) 950761585 P paren Ry Bete/Tias aan 3030 fa aesq FOUR Complete Rehab & Madical Centers Letter of Protection Pacers Some: DAW GER =o ot : Sado heryextharte the etre cater to fant yan, my tion eth afl repo my east {tor arbi treatment, ard progress Of rset to pega to my oxide Thereby shea Dente std cn ary section cham, $etsment, ors as esa felt Soe ee setiiement Seaeeaeaee mer 7 EeGyarcestond sity meprats el dat rl eed a aaa eniaediemniieosiama ale ano a sara seen ‘nce gs SSR aa BEES on EM GO sn Tea ate attorney of of thes atterreey, far ae Sereegeeterinmma i ‘Who ces agrea toPatient Ledger MEDICAL REHAB CENTERS Complete Rehab of Deerfield DAVID GUNTER (D1623) Responsible: Self Home: (581) 776-3896 Work: (561) 267-0722 xCELL Primary: LETTER OF PROTECTION (LOP) Tertiary: STEVEN SLOOTSKY (SLOOTSKY) | 10738 RE- EXAMIFINAL EXAMIR.C $150.00 “$0.00 $150.00 99213 Billing Total: $150.00 $0.00 $150.00 14544 08/05/2010 .UMB00: MED-R0000 MED-REC FEE $49.60 $0.00 $49.60 14544 08/05/2010 -UMB00: VEDREOOOC MED REC PAID $0.00 $49.60 $0.00 Note: 41095 Billing Total: $49.60 $49.60 $0.00 Patient Total: . $199.60 $49.60 $150.00 Patient Unapplied Prepayment Total $0.00 Provider Totals GARY BLUMBERG, DO - OS6049 $49.60 $49.60 $0.00 ANJAN GHOSH, M.D. $150.00 $0.00 $150.00 Report Totals $199.60 $49.60 $150.00 Report Prepayment Totals $0.00 Printed on 6/5/2015 10:56:03An Page 1 of 1EXHIBIT “C”“fw DacesTice a a 22098 ‘ oe “pee Se-pi-anobisun) 16:87" Atos: Se Sy ‘aio eh Teoh Leyva eee p. 008 He, B404 "P2713 “& Q\4e4 elite ait ale ~ G&G BE: MEDICA, BECORDS AND DOCTOR'S LIEN (cuENT: Novtel Curler ‘ erat min te hom dcr furnish you, may attorney, with a fill « mien cle ret, cel eens aged be oe 8S Thereby nutherte and direct yoo, my anoraey, te pay dlractly to Sci Flekds Neurosurgical Instltote, Inc: and ay physician ar other health care providers be frag Geen rincad crsaeeton ce tah brtecon of asia Sea aoe fhe, wanfiet as tinny bi fesestary to ty, fer aes os ty one Seah Fe Neetu lsu, ne Apnsey ., tid all proceeds of any setlement, judimaent, er verdict which may be paid.ie you, my eee rere ee ener te eee eee “se Teun ately snd filly respodsible to Soup Meni » sali elas tng tel Nereis neta Atal apemen ieeatleblely fer sd a's additional protection andin © = * orscasch epee lea etree inchading all possible attomey fees for enforcement of this agreement I “etd I cain pls ny oar vin ft me 7 anyone, dicliding to myielfthe client'to my atomtey of any atomey involved with ths Cate, er any other fien holder or provider prior to South Florida Neurosurgical : , Tatts, hie | eZ owe 2h frscay ‘The undessipsed Leing attamey of record for the above patient does herebyagres to observe al the terms of the abave and a sediholdl such ous Irom any gedlefuens, Juelgment of verdict as mséy be neces cl protect Sauth Netrosurgical Institute, Inc, 7 " ROOT’: Please sign and retam to tht ofce at your eal convenience.NEURC™ "RGICAL ASSOCIATES SOUTH F, “DA, LEC &/ DR ANTHONY J. HALL & DR. BEHNaw## J, MYERS POWER OF ATTORNEY AND MEDICAL RELEASE POWER OF ATTORNEY TO ENDORSE EXPEDITE PAYMENT TO PROVIDER CHECKS AND OR SIGN ANY PIECE OF PAPER WHICH WILL ENHANCE OR OF MEDICAL RECORDS AND ASSI FOR SERVICES RENDERED. INCLUDING BUT NOT LIMITED TO. RELEASE IGNMENT OF BENEFITS AUTHORIZATION TO PAY. ‘Know by all these present tha: The undersigned has made. constiuted and appointed and by these presems does hereby make constione and eppoim NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC. and any of its duly autherized ageats and employees as and to be the undersigned’ true and lawful ‘attomey for and in the undersigned’s name, place and stead to endorse any and all checks, draft and money orders which made payable to the undersigned alone or to the undersigned and the said NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC. which checks, drafts or money orders are made Payable for the services which have been made by NEUROSURGICAL ASSOCLATES SOUTH FLORIDA, LLC. a the Tequest or with the nowledge end approval of the undersigned and/or the marker of the check, draft or money order. Furthermore, the undersigned allows NEUROS! URGICAL ASSOCIATES SOUTH FLORIDA. LLC. or any of’ its agents Yo sign any paper thet will be necessary to enhance, expedite and/or allow payment said provider. This may include affidavits of non-ownership of vehicles. insurance forms and other statements. MEDICAL RELEASE 4. photocopy of this document shall ‘be sufficient to authorize any person having records of medical treatment. services. o1 ‘Supplies pertaining to me to release true copies of same to NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. ~ oF any other insurer providing coverage to me in connection with the processing af any claim for benefits made by-me or by the assignee herein. A photocopy of this documem shall be as binding as an original signature page. The undersigned does hereby ratify and confirm any and all actions ‘taken by the said attomey in accordance with this special power ich the said oes LS Gey Sols ‘atient Name (PLEASE. Page 7 of 12v 3 NEUF "RGICAL ASSOCIATES SOUTH } A, LLC DR, ANTHONY J, HALL & DR. BEHNAY4 J. L the undersigned patient or person responsible for the patient. do hereby direct and authorize NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC to furnish my insurance company. attorney, personal physician. or any representative thereof, any and all information which maybe pertinent regarding my medical condition and medical treatment rendered to me. T.the undersigned patient or person responsible for the patiem. do hereby acknowledge that | am responsible-for the payment of fees for medical services rendered to me by NEUROSURGICAL ASSOCIATES SOUTH FLORIDA, LLC to act as my agent in assisting me to obtain payment from ty insurance company of bills for medical services rendered. ] authorize and direct NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC to furnish upon request medical or other information necessary to process claimsto any insurance company responsible for payment of fees for medical services rendered on my behalf be NEUROSURGICAL ASSOCIATES SOUTH FLORIDA, LLC. 1, the patient or person responsible for the patient, do hereby authorize and direct that payment of bills for medical services rendered by NEUROSURGICAL ASSOCIATES SOUTH FLORIDA, LLC be made directly to NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC on my behalf. | permit a copy of this authorization to be used in place of the original. Thereby declare by my signature helow thar | have read an¢ understand all of the provisions above Signature:, Dare: iy tA4r ha Witnessed By: Date: Page 6 of 2YY PAGE: 3 KAPLAN & & SCONZO, P.A. BILLING DATE: 07/07/15 PGA FINANCIAL PLAZA 3399 PGA BLVD STE#180 AMOUNT DUE : 81,701.80 P BG FL 33410 BILL TO: GUNTER DAVID CHART #; GP00231 DATE POS PROC DESCRIPTION CHARGES CREDITS BALANCE 01/20/10 W/O CIGNA c# 358471 150.80- 92866.60 01/20/10 PMT CIGNA c# 348201 310.05- 92556.55 01/20/10 W/O CIGNA c# 348201 103.35- 92453.20 02/12/10 DEDUCTIABLE VH c# 340981 0.00 92453.20 02/12/10 Deductible 650.00 D GUNTER . BEHNAM MYERS 02/26/10 RESCHEDULED 50.00 92503.20 03/03/10 PMT CIGNA c# 340971 5,426.40- 87076.80 03/12/10 PMT CIGNA c# 326051 5,375.00- 81701.80 CURRENT/30-60 DAYS/60-90 DAYS/ >90 DAYS/ TOTAL TOTAL DUE 0.00 0.00 0.00 81,701.80 81,701.80 81,701.80 NEUROSORGICAL ASSOC OF FL 150 S ANDREWS AVE #440 POMPANO BEACH FL 33069 PHONE : 954 941 2679EXHIBIT “D”“a DecesTiaeDECH21-200RSUN) 1ST) 5 «Dee, 2h 2008 2:097t ‘ 9502365071. P. 002 Ho, 8404 ens YOU, My attorney, With a fil « a Boekel a na eee accident er oa hee, Thereby authori and direct yuo, my atoraey, ta diretdly to Soi eee! neds, lean ny phn or eter halk car provides he ot Fas jester is dere ee Ste a Tay be duc and apg bees byveason 4 se AS su bis a nyse, "fly undeetadha apicl and ily espoistle to Bout Mery « Drager stile Fo mes avnined for erles eden “ier ges de eal at ns Anyone, icchiding t0 myself ie itiomysneriy See fea “ Neurosurgin} Inte, Te ft eer rer Brlor to South Florida pect time Li f Dares 4 Loe / ‘The undersipsed being attomey of record for the : Observe a the terms of the sbave and Dldeld ah sae Jorlgmeat op vertiicr as may be ely proteet Seuth Finca _ Aoi Az Date: 42-52-09 wtNEUR "RGICAL ASSOCIATES SOUTH F, “UDA, LLC ey DR. ANTHONY J, HALL & DR. Bi J. MYERS POWER OF ATTORNEY AND MEDICAL RELEASE POWER OF ATTORNEY TO ENDORSE CHECKS AND OR SIGN ANY PIECE OF PAPER WHICH WILL ENHANCE OR EXPEDITE PAYMENT TO PROVIDER FOR SERVICES RENDERED. INCLUDING BUT NOT LIMITED TO. RELEASE OF MEDICAL RECORDS AND ASSIGNMENT OF BENEFITS AUTHORIZATION TOPAY. Know by all these present thai The undersigned has made. constituted ané appointed and by these presents dots hereby make constinne and appoim NEUROSURGICAL ASSOCIATES SOUTH FLORIDA. LLC. and any of its duly authorized ageats and employees as and to be the undersigned's true and lawful smomey for and in the undersigned’s name, place and steed w endorse any and al) Checks, draft and money orders w