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Filing # 37889768 E-Filed 02/16/2016 06:20:56 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.
/
AMENDED COMPLAINT
COME NOW, the Plaintiffs, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC & SPINE CENTER OF SOUTH
FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
ORTHOPEDIC & 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”),
TODD CASH ALOFS, P.A. (“ALOFS P.A.”), KAPLAN & SCONZO, P.A. (“KAPLAN &
SCONZO”), and DAVID GUNTER (“GUNTER”) and in support thereof state:
JURISDICTION, PARTIES, VENUE
1. This is an action for damages in excess of $15,000.00 and accordingly, pursuant to,
inter alia, Article V, §5 Florida Constitution and §26.012, Florida Statutes, jurisdiction is vested
in this Honorable Court.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 2/16/2016 6:20:56 PM.****2. At all times material, ONE AND ONE, 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, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA,
LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, was a Florida limited
liability company doing business in, inter alia, Broward County, Florida.
4, At all times material, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA,
LLC, was a Florida limited liability company doing business in, inter alia, Broward County,
Florida.
5. At all times material, UNIVERSAL MEDIQUIP, LLC, was a Florida limited
liability company doing business in, inter alia, Palm Beach County, Florida.
6. At all times material, THE ALOFS LAW FIRM, was a fictitious name owned by
Todd Cash Alofs and doing business in, inter alia, Palm Beach County, Florida.
7. Atall times material, TODD CASH ALOFS, P.A. was a Florida corporation during
business in Palm Beach County, Florida.
8. Atall times material, KAPLAN & SCONZO, P.A., was a Florida corporation doing
business in, inter alia, Palm Beach County, Florida.
9. At all times material, on information and belief, DAVID GUNTER, was a Florida
resident, residing in Palm Beach County, Florida.
10. 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.
ll. All conditions precedent to filing this action have been met, satisfied or waived.ALLEGATIONS COMMON TO ALL COUNTS
12. Plaintiffs are providers who provide medical treatment and services.
13. On information and belief, GUNTER sustained injuries in a dog bite, personal
injury accident on or about May 25, 2007 (the “Underlying Tort Case’).
14. The Plaintiffs provided medical treatment to GUNTER.
15. On or about March 16, 2009, the Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, entered into a written
agreement with GUNTER (the “Hollywood LOP”), to provide medical treatment. Attached hereto
as Exhibit “A” is a copy of the Letter of Protection.
16. On or about January 12, 2009, the Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
entered into a written agreement with GUNTER (the “Neuro LOP”), to provide medical treatment.
Attached hereto as Exhibit “B” is a copy of the Letter of Protection.
17. In or about early 2009, the Plaintiff, ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC, entered into an oral agreement whereby ORTHOPEDIC & SPINE
CENTER OF SOUTH FLORIDA, LLC agreed to provide treatment to GUNTER and to await
payment until the distribution of the proceeds of litigation in the Underlying Tort Case (the “OSC
Agreement”).
18. On or about June 9, 2009, the Plaintiff, UNIVERSAL MEDIQUIP, LLC, entered
into a written agreement with GUNTER (the “Universal LOP”), to provide medical treatment.
Attached hereto as Exhibit “C” is a copy of the Letter of Protection.
19. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, in reliance on, inter alia, the Hollywood LOP, provided medicalservices to GUNTER, which resulted in a bill of $450.00. Attached hereto and marked as Exhibit
“D” is a copy of the invoiced charges for those medical services.
20. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, in reliance on, inter alia, the
NEURO LOP, provided medical services to GUNTER, which resulted in a remaining outstanding
balance of $81,701.80. Attached hereto and marked as Exhibit “E” is a copy of the invoiced
charges for those medical services.
21. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC, in
reliance on, infer alia, the OSC Agreement, provided medical services to GUNTER, which
resulted in a bill of $42,507.95. Attached hereto and marked as Exhibit “F” is a copy of the
invoiced charges for those medical services.
22. Plaintiff, UNIVERSAL MEDIQUIP, LLC, in reliance on, inter alia, the Universal
LOP, provided medical services to GUNTER which resulted in a bill of $16,642.50. Attached
hereto and marked as Exhibit “G” is a copy of the invoiced charges for those medical services.
23. GUNTER retained the law office of Steven E. Slootsky, P.A. (the “SLOOTSKY
FIRM”), who prosecuted the case for a period of time; during which time the SLOOTSKY FIRM,
inter alia, responded to discovery propounded by the Defendant in the Underlying Tort Case.
24. As part of the discovery responses GUNTER, through the SLOOTSKY FIRM, filed
his Answers to the Personal Injury Interrogatories wherein, among other things, GUNTER, under
oath:
1). identified “each injury for which” he was “claiming damages in” the Underlying
Tort Case (see Answer No.15);
2). identified “each item of expense that” he claimed “to have incurred as a result of
the injuries sued on” in the Underlying Tort Case (see Answer No. 12 and
referenced Schedule “A”);3). Listed “the names and business addresses of each physician who had treated or
examined (him), and each medical facility where (he) received any treatment or
examinations for the injury for which (he) (sought) damages in the Underlying Tort
Case (see Answer No. 16).
Attached as Exhibit “H” is a copy of the Plaintiffs Notice of Filing Answers to Interrogatories
Dated February 25, 2010 (the “Answers to Interrogatories”).
25. Noteworthy are the facts that the Answers to Interrogatories identify, inter alia:
Gary Bloomberg of Complete Rehab & Medical Center of Hollywood; Robert Simon, MD of
Orthopedic & Spine Center of South Florida, LLC and Dr. Anthony Hall of Orthopedic & Spine
Center of South Florida, LLC d/b/a Neurosurgical Associates of South Florida, as well as the
GUNTER injuries treated by the Plaintiffs in this action and some of the Plaintiffs’ invoices for
such treatment as of February 23, 2010 when GUNTER signed the Answers to Interrogatories.
26. In or about late September 2010, Defendant GUNTER, fired the SLOOTSKY
FIRM and hired KAPLAN & SCONZO to pursue the Underlying Tort Action.
27. At the time of transition from the SLOOTSKY FIRM to KAPLAN & SCONZO,
the SLOOTSKY FIRM provided KAPLAN & SCONZO with access to the SLOOTSKY FIRM’s
GUNTER file as well as the opportunity to copy said files.
28. In part, the SLOOTSKY FIRM provided KAPLAN & SCONZO with, inter alia,
1.) the table of non-party production which identifies, inter alia, treatment by a)
Orthopedic & Spine Center of South Florida, LLC b) Dr. Gary Bloomberg (a/k/a
Blumberg) of Complete Rehab & Medical Center of Hollywood; c) Dr. Anthony
Hall of Orthopedic & Spine Center of South Florida, LLC d/b/a Neurosurgical
Associates of South Florida; d) Dr. Robert Simon of Orthopedic & Spine Center of
South Florida, LLC. Attached as Exhibit “I” is a copy of the November 9, 2010
cover letter from the SLOOTSKY FIRM to KAPLAN & SCONZO, P.A.;
2.) a jump drive of Mr. Gunter’s medical records and bills;
3.) access to the SLOOTSKY FIRM’s file which was in turn copied for them by
DocuSolutions; and
4) the Answers to Interrogatorics
(collectively the “Identifying Documents”).29. On information and belief, around the same time as KAPLAN & SCONZO were
retained, GUNTER also retained THE ALOFS LAW FIRM (“ALOFS”) to co-counsel with
KAPLAN & SCONZO. Attached hereto and marked as Exhibit “J” is a copy of the Stipulation
for Substitution of Counsel.
30. The ALOFS LAW FIRM is a fictitious name owned by attorney, Todd Cash Alofs.
Attached hereto and marked as composite Exhibit “K” are the fictitious name filings for THE
ALOFS LAW FIRM, filed by Todd Cash Alofs on or about May 8, 2002; address change on June
10, 2002; March 26, 2008; and December 6, 2013.
31. On information and belief, GUNTER also retained Todd Cash Alofs, P.A.
(“ALOFS, P.A.”) to co-counsel with KAPLAN & SCONZO!.
32. Payment for the medical services and/or goods provided by Plaintiffs were due
upon distribution of the proceeds of settlement or judgment in the Underlying Tort Action.
33. At all times material, KAPLAN & SCONZO, ALOFS and ALOFS, P.A. knew or
should have known of the medical services/treatment provided to GUNTER by Plaintiffs.
34, On information and belief, KAPLAN & SCONZO, ALOFS and ALOFS, P.A.
knew that there were other medical providers who treated GUNTER, to wit: the Plaintiffs.
35. On information and belief, Defendants, KAPLAN & SCONZO, ALOFS and
ALOFS, P.A., used the medical records and bills provided by the Plaintiffs to obtain a settlement
in the Underlying Tort Action at the mediation.
36. | On information and belief, the Underlying Tort Action settled.
"Tt is unclear to the Plaintiffs if 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. The information is in the possession of Todd
Cash Alofs and Todd Cash Alofs, P.A. but despite request, they have refused to disclose the same. As discovery
proceeds, if it is determined that one or the other of Todd Cash Alofs or Todd Cash Alofs, P.A. are not a proper party
to this case, Plaintiffs will drop that party.37. On information and belief, the settlement proceeds from the Underlying Tort
Action were distributed on February 23, 2012.
38. KAPLAN & SCONZO, ALOFS and/or ALOFS, P.A., failed to pay the Plaintiffs
for the medical care and treatment they provided to GUNTER.
39. On information and belief, Defendant ALOFS and/or ALOFS, P.A., disbursed the
settlement proceeds and took their and KAPLAN & SCONZO’s legal fees without paying any of
the Plaintiffs’ medical bills.
40. 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-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS
d/b/a THE ALOFS LAW FIRM
41. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as
though fully re-written herein below.
42. At all times material, Defendant, ALOFS, knew or should have known of the
business relationship between Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER.
43. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, ONE AND ONE, 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, ONE AND ONE, LLC d/b/aCOMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another person and/or
entity.
44, Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, ALOFS’s, conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 II-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH
ALOFS d/b/a THE ALOFS LAW FIRM
45. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
46. At all times material, Defendant, ALOFS, knew or should have known of the
business relationship between Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH
FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and
Defendant, GUNTER.
47. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the
relationship and/or contract between the Plaintiff, ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and
the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff,ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity.
48. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of
Defendant, ALOFS’s, conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
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 III-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC AS AGAINST
TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM
49. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs | through 40 above as though fully re-written herein below.
50. At all times material, Defendant, ALOFS, knew or should have known of the
business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and Defendant,
GUNTER.
SL. 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.
52. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of
Defendant, ALOFS’s, 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.
COUNT IV-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD AS AGAINST KAPLAN & SCONZO, P.A.
53. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as
though fully re-written herein below.
54. At all times material, Defendant, KAPLAN & SCONZO, knew or should have
known of the business relationship between Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER.
55. Defendant, KAPLAN & SCONZO, intentionally and/or unjustifiably interfered
with the relationship and/or contract between the Plaintiff, ONE AND ONE, 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, ONE AND ONE,
LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another
person and/or entity.
56. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, KAPLAN &
SCONZO’s, conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgmentagainst Defendant, KAPLAN & SCONZO, P.A., for its damages, interest and costs, and for such
further and other relief as this Honorable Court deems just and proper.
COUNT V-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST
KAPLAN & SCONZO, P.A.
57. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs | through 40 above as though fully re-written herein below.
58. At all times material, Defendant, KAPLAN & SCONZO, knew or should have
known of the business relationship between Plaintiff, ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and
Defendant, GUNTER.
59. Defendant, KAPLAN & SCONZO, intentionally and/or unjustifiably interfered
with the relationship and/or contract between the Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
and the Defendant GUNTER, by, inter alia, making payment of amounts otherwise due to
Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity.
60. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of
Defendant, KAPLAN & SCONZO’s, conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,demands judgment against Defendant, KAPLAN & SCONZO, P.A.., for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT VI-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC
AS AGAINST KAPLAN & SCONZO, P.A.
61. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
62. At all times material, Defendant, KAPLAN & SCONZO, knew or should have
known of the business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and
Defendant, GUNTER.
63. Defendant, KAPLAN & SCONZO, 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.
64. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of
Defendant, KAPLAN & SCONZO’s, conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, KAPLAN & SCONZO, P.A., for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT VI-NEGLIGENCE
ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM
65. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL.
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as
though fully re-written herein below.66. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, owed Plaintiff,
ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD, a duty to protect its medical bills pursuant to the Letter of Protection.
67. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, breached this
duty by failing to pay GUNTER’s outstanding medical bills owed to Plaintiff, ONE AND ONE,
LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, upon
settlement of the Underlying Tort Action.
68. As a direct and proximate result of Defendant, TODD CASH ALOFS d/b/a THE
ALOFS LAW FIRM’s, failure to pay DAVID GUNTER’s outstanding medical bills owed to
Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD, it has suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 VII-NEGLIGENCE
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA, LLC AS AGAINST
TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM
69. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, restates the allegations made
in paragraphs | through 40 above as though fully re-written herein below.
70. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, owed Plaintiff,
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
13ASSOCIATES OF SOUTH FLORIDA, LLC, a duty to protect its medical bills pursuant to the
Letter of Protection.
71. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, breached this
duty by failing to pay DAVID GUNTER’s outstanding medical bills owed to Plaintiff,
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA, LLC, upon settlement of the Underlying Tort Action.
72. As a direct and proximate result of Defendant, TODD CASH ALOFS d/b/a THE
ALOFS LAW FIRM’s, failure to pay DAVID GUNTER’s outstanding medical bills owed to
Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, it has suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES 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 IX- NEGLIGENCE
UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS
d/b/a THE ALOFS LAW FIRM
73. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs | through 40 above as though fully re-written herein below.
74, Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, owed Plaintiff,
UNIVERSAL MEDIQUIP, LLC, a duty to protect its medical bills pursuant to the Letter of
Protection.75. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, breached this
duty by failing to pay GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL
MEDIQUIP, LLC, upon settlement of the Underlying Tort Action.
76. As a direct and proximate result of Defendant, TODD CASH ALOFS d/b/a THE
ALOFS LAW FIRM’s, failure to pay GUNTER’s outstanding medical bills owed to Plaintiff,
UNIVERSAL MEDIQUIP, LLC, it has suffered damages.
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.
COUNT X-NEGLIGENCE
ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST KAPLAN & SCONZO, P.A.
77. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as
though fully re-written herein below.
78. Defendant, KAPLAN & SCONZO owed Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, a duty to protect its
medical bills pursuant to the Letter of Protection.
79. Defendant, KAPLAN & SCONZO, breached this duty by failing to pay
GUNTER’ s outstanding medical bills owed to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, upon settlement of the Underlying Tort
Action.80. As a direct and proximate result of Defendant, KAPLAN & SCONZO’s, failure to
pay GUNTER’s outstanding medical bills owed to Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, it has suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment
against Defendant, KAPLAN & SCONZO, for its damages, interest and costs, and for such further
and other relief as this Honorable Court deems just and proper.
COUNT XI-NEGLIGENCE
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA, LLC AS AGAINST KAPLAN & SCONZO, P.A.
81. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, restates the allegations made
in paragraphs | through 40 above as though fully re-written herein below.
82. Defendant, KAPLAN & SCONZO, owed Plaintiff, ORTHOPEDIC & SPINE
CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, LLC, a duty to protect its medical bills pursuant to the Letter of Protection.
83. Defendant, KAPLAN & SCONZO, breached this duty by failing to pay
GUNTER’s outstanding medical bills owed to Plaintiff, ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
LLC, upon settlement of the Underlying Tort Action.
84. As a direct and proximate result of Defendant, KAPLAN & SCONZO”’s, failure
to pay GUNTER’s outstanding medical bills owed to Plaintiff, ORTHOPEDIC & SPINE
CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, LLC, it has suffered damages.WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
LLC, demands judgment against Defendant, KAPLAN & SCONZO, for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT XII-NEGLIGENCE
UNIVERSAL MEDIQUIP, LLC
AS AGAINST KAPLAN & SCONZO, P.A.
85. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
86. Defendant, KAPLAN & SCONZO, owed Plaintiff, UNIVERSAL MEDIQUIP,
LLC, a duty to protect its medical bills pursuant to the Letter of Protection.
87. Defendant, KAPLAN & SCONZO, breached this duty by failing to pay
GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL MEDIQUIP, LLC, upon
settlement of the Underlying Tort Action.
88. As a direct and proximate result of Defendant, KAPLAN & SCONZO’s, failure to
pay GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL MEDIQUIP, LLC, it
has suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, KAPLAN & SCONZO, for its damages, interest and costs,
and for such further and other relief as this Honorable Court deems just and proper.COUNT XII- BREACH OF CONTRACT
ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST DAVID GUNTER
89. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as
though fully re-written herein below.
90. Defendant GUNTER, breached his contract with Plaintiff, ONE AND ONE, LLC
d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, by, inter alia, failing
to pay the sums due to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND
MEDICAL CENTER OF HOLLYWOOD when due.
OL. Plaintiff, ONE AND ONE, 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, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 XIV- BREACH OF CONTRACT
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA
AS AGAINST DAVID GUNTER
92. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.93. Defendant, GUNTER, breached his contract with Plaintiff, ORTHOPEDIC &
SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF
SOUTH FLORIDA by, inter alia, failing to pay the sums due to Plaintiff, ORTHOPEDIC &
SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF
SOUTH FLORIDA, when due.
94. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC 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 & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC 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 XV- BREACH OF CONTRACT
UNIVERSAL MEDIQUIP, LLC AS AGAINST DAVID GUNTER
95. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
96. 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.
97. 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 XVI-OPEN ACCOUNT
ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST DAVID GUNTER
98. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as
though fully re-written herein below.
99. Defendant, GUNTER, owes Plaintiff, ONE AND ONE, 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
“—D.”
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 XVII-OPEN ACCOUNT
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA AS AGAINST DAVID GUNTER
100. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
101. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, the
20amount of $81,701.80 with interest since January 20, 2010, according to the account attached
hereto and marked as composite Exhibit “E.”
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC 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 XVUI-OPEN ACCOUNT
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC
AS AGAINST DAVID GUNTER
102. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC,
restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein
below.
103. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC & 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 “F.”
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & 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 XIX-OPEN ACCOUNT
UNIVERSAL MEDIQUIP, LLC AS AGAINST DAVID GUNTER
104. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
21105. 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 “G.”
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 XX-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS, P.A.
106. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as
though fully re-written herein below.
107. Atal times material, Defendant, TODD CASH ALOFS, P.A., knew or should have
known of the business relationship between Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER.
108. Defendant, TODD CASH ALOFS, P.A., intentionally and/or unjustifiably
interfered with the relationship and/or contract between the Plaintiff, ONE AND ONE, 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, ONE AND ONE,
LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another
person and/or entity.
109. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, TODD CASH ALOFS,
P.A.’s, conduct.
22WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment
against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and costs, and for such
further and other relief as this Honorable Court deems just and proper.
COUNT XXI-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA
AS AGAINST TODD CASH ALOFS, P.A.
110, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
111. Atall times material, Defendant, TODD CASH ALOFS, P.A., knew or should have
known of the business relationship between Plaintiff, ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and
Defendant, GUNTER.
112. Defendant, TODD CASH ALOFS, P.A., intentionally and/or unjustifiably
interfered with the relationship and/or contract between the Plaintiff, ORTHOPEDIC & SPINE
CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA, and the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise
due to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity.
113. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of
Defendant, TODD CASH ALOFS, P.A.’s, conduct.
23WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT XXII-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS
RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC
AS AGAINST TODD CASH ALOFS, P.A.
114. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs 1 through 40 above as though fully re-written herein below.
115. Atall times material, Defendant, TODD CASH ALOFS, P.A., knew or should have
known of the business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and
Defendant, GUNTER.
116. Defendant, TODD CASH ALOFS, P.A., 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.
117. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of
Defendant, TODD CASH ALOFS, P.A.’s, conduct.
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
24COUNT XXIII-NEGLIGENCE
ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD AS AGAINST TODD CASH ALOFS, P.A.
118. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as
though fully re-written herein below.
119. TODD CASH ALOFS, P.A. owed ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, to a duty to protect its medical bills
pursuant to the Letter of Protection.
120. TODD CASH ALOFS, P.A. breached this duty by failing to pay DAVID
GUNTER’s outstanding medical bills owed to ONE AND ONE, LLC d/b/a COMPLETE REHAB
AND MEDICAL CENTER OF HOLLYWOOD, upon settlement of the Underlying Tort Action.
121. As a direct and proximate result of TODD CASH ALOFS, P.A. failure to pay
DAVID GUNTER’s outstanding medical bills owed to ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD, it has suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment
against Defendant, TODD CASH ALOFS, P.A.., for its damages, interest and costs, and for such
further and other relief as this Honorable Court deems just and proper.
COUNT XXIV-NEGLIGENCE
ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH ALOFS, P.A.
122. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs | through 40 above as though fully re-written herein below.
25123. TODD CASH ALOFS, P.A. owed ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to a
duty to protect its medical bills pursuant to the Letter of Protection.
124. TODD CASH ALOFS, P.A. breached this duty by failing to pay DAVID
GUNTER’s outstanding medical bills owed to ORTHOPEDIC & SPINE CENTER OF SOUTH
FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, upon
settlement of the Underlying Tort Action.
125. As a direct and proximate result of TODD CASH ALOFS, P.A. failure to pay
DAVID GUNTER’s outstanding medical bills owed to ORTHOPEDIC & SPINE CENTER OF
SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, it
has suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER
OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,
demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT XXV-NEGLIGENCE
UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS, P.A.
126. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs | through 40 above as though fully re-written herein below.
127. TODD CASH ALOFS, P.A. owed UNIVERSAL MEDIQUIP, LLC, to a duty to
protect its medical bills pursuant to the Letter of Protection.
128. TODD CASH ALOFS, P.A. breached this duty by failing to pay DAVID
GUNTER’s outstanding medical bills owed to UNIVERSAL MEDIQUIP, LLC, upon settlement
of the Underlying Tort Action.
26129. As a direct and proximate result of TODD CASH ALOFS, P.A. failure to pay
DAVID GUNTER’s outstanding medical bills owed to UNIVERSAL MEDIQUIP, LLC, it has
suffered damages.
WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC,
demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and
costs, and for such further and other relief as this Honorable Court deems just and proper.
COUNT XXVI
BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS
/B/A THE ALOFS LAW FIRM OWED TO ONE AND ONE, LLC D/B/A
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD
130. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above, as
though fully re-written herein below.
131. At all times material, ALOFS owed ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD an implied fiduciary duty by virtue of,
inter alia;
a. Having assumed the role of the attorney for plaintiff in the Underlying Tort Case;
b. _ Relying in part on the medical care, treatment and invoices provided by ONE AND
ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD to Gunter to obtain a settlement of the Underlying Tort Case;
c. Injecting himself into the position where he knew or should have known of the
medical care, treatment and bills of ONE AND ONE, LLC d/b/a COMPLETE
REHAB AND MEDICAL CENTER OF HOLLYWOOD;
d. Negotiating the damages of Gunter; which damages included ONE AND ONE,
LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLY WOOD’s invoices;
e. Negotiating reductions of Gunter’s medical bills;
f. _ Distributing the proceeds of the litigation in the Underlying Tort Case.
132. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD relied on the defendants to honor and protect ONE AND ONE, LLC
27d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD’ s lien in the proceeds
of the litigation in the Underlying Tort Case.
133. ALOFS breached his fiduciary duty owed to ONE AND ONE, LLC d/b/a
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD by, inter alia, failing to
notify ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD of the settlement of the Underlying Tort Case and by distributing the settlement
proceeds without paying ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD its outstanding invoice for the medical services.
134. ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF
HOLLYWOOD suffered damages as a result of ALOFS breach of his fiduciary duty owed to ONE
AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD.
WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 XXVII
BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS
D/B/A THE ALOFS LAW FIRM OWED TO ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/d/ NEUROSURGICAL ASSOCIATES
OF SOUTH FLORIDA
135. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in
paragraphs 1 through 40 above, as though fully re-written herein below.
28136. At all times material, ALOFS owed ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA an implied
fiduciary duty by virtue of, inter alia;
a. Having assumed the role of the attorney for plaintiff in the Underlying Tort Case;
b. Relying in part on the medical care, treatment and invoices provided by
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA to Gunter to obtain a
settlement of the Underlying Tort Case;
c. Injecting himself into the position where he knew or should have known of the
medical care, treatment and bills of ORTHOPEDIC AND SPINE CENTER OF
SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA;
d. Negotiating the damages of Gunter; which damages included ORTHOPEDIC AND
SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA’s invoices;
e. Negotiating reductions of Gunter’s medical bills;
f. Distributing the proceeds of the litigation in the Underlying Tort Case.
137. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA relied on the defendants to honor and
protect ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA’s lien in the proceeds of the litigation
in the Underlying Tort Case.
138. ALOFS breached his fiduciary duty owed to ORTHOPEDIC AND SPINE
CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH
FLORIDA by, inter alia, failing to notify ORTHOPEDIC AND SPINE CENTER OF SOUTH
FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA of the settlement of
the Underlying Tort Case and by distributing the settlement proceeds without paying
ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL
ASSOCIATES OF SOUTH FLORIDA its outstanding invoice for the medical services.
29139. ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a
NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA suffered damages as a result of
ALOFS breach of his fiduciary duty owed to 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 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 XXVIII
BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS
D/B/A THE ALOFS LAW FIRM OWED UNIVERSAL MEDIQUIP.
140. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in
paragraphs | through 40 above, as though fully re-written herein below.
141. At all times material, ALOFS owed UNIVERSAL MEDIQUIP, LLC an implied
fiduciary duty by virtue of, inter alia;
a. Having assumed the role of the attorney for plaintiff in the Underlying Tort Case;
b. Relying in part on the medical care, treatment and invoices provided by
UNIVERSAL MEDIQUIP, LLC to Gunter to obtain a settlement of the Underlying
Tort Case;
c. Injecting himself into the position where he knew or should have known of the
medical care, treatment and bills of UNIVERSAL MEDIQUIP, LLC;
d. Negotiating the damages of Gunter; which damages included UNIVERSAL
MEDIQUIP, LLC’s invoices;
e. Negotiating reductions of Gunter’s medical bills;
f. Distributing the proceeds of the litigation in the Underlying Tort Case.
142. Plaintiff, UNIVERSAL MEDIQUIP, LLC relied on the defendants to honor and
protect UNIVERSAL MEDIQUIP, LLC’s lien in the proceeds of the litigation in the Underlying
Tort Case.143. ALOFS breached his fiduciary duty owed to UNIVERSAL MEDIQUIP, LLC by,
inter alia, failing to notify UNIVERSAL MEDIQUIP, LLC of the settlement of the Underlying
Tort Case and by distributing the settlement proceeds without paying UNIVERSAL MEDIQUIP,
LLC its outstanding invoice for the medical services.
144, UNIVERSAL MEDIQUIP, LLC suffered damages as a result of ALOFS breach of
his fiduciary duty owed to UNIVERSAL MEDIQUIP, LLC.
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.
COUNT XXIX
BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS, P.A.
OWED TO ONE AND ONE, LLC D/B/A
COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD
145. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL
CENTER OF HOLLYWOOD, re
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Filing # 37889768 E-Filed 02/16/2016 06:20:56 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. / AMENDED COMPLAINT COME NOW, the Plaintiffs, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, ORTHOPEDIC & 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”), TODD CASH ALOFS, P.A. (“ALOFS P.A.”), KAPLAN & SCONZO, P.A. (“KAPLAN & SCONZO”), and DAVID GUNTER (“GUNTER”) and in support thereof state: JURISDICTION, PARTIES, VENUE 1. This is an action for damages in excess of $15,000.00 and accordingly, pursuant to, inter alia, Article V, §5 Florida Constitution and §26.012, Florida Statutes, jurisdiction is vested in this Honorable Court. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 2/16/2016 6:20:56 PM.****2. At all times material, ONE AND ONE, 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, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, was a Florida limited liability company doing business in, inter alia, Broward County, Florida. 4, At all times material, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC, was a Florida limited liability company doing business in, inter alia, Broward County, Florida. 5. At all times material, UNIVERSAL MEDIQUIP, LLC, was a Florida limited liability company doing business in, inter alia, Palm Beach County, Florida. 6. At all times material, THE ALOFS LAW FIRM, was a fictitious name owned by Todd Cash Alofs and doing business in, inter alia, Palm Beach County, Florida. 7. Atall times material, TODD CASH ALOFS, P.A. was a Florida corporation during business in Palm Beach County, Florida. 8. Atall times material, KAPLAN & SCONZO, P.A., was a Florida corporation doing business in, inter alia, Palm Beach County, Florida. 9. At all times material, on information and belief, DAVID GUNTER, was a Florida resident, residing in Palm Beach County, Florida. 10. 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. ll. All conditions precedent to filing this action have been met, satisfied or waived.ALLEGATIONS COMMON TO ALL COUNTS 12. Plaintiffs are providers who provide medical treatment and services. 13. On information and belief, GUNTER sustained injuries in a dog bite, personal injury accident on or about May 25, 2007 (the “Underlying Tort Case’). 14. The Plaintiffs provided medical treatment to GUNTER. 15. On or about March 16, 2009, the Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, entered into a written agreement with GUNTER (the “Hollywood LOP”), to provide medical treatment. Attached hereto as Exhibit “A” is a copy of the Letter of Protection. 16. On or about January 12, 2009, the Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, entered into a written agreement with GUNTER (the “Neuro LOP”), to provide medical treatment. Attached hereto as Exhibit “B” is a copy of the Letter of Protection. 17. In or about early 2009, the Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC, entered into an oral agreement whereby ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC agreed to provide treatment to GUNTER and to await payment until the distribution of the proceeds of litigation in the Underlying Tort Case (the “OSC Agreement”). 18. On or about June 9, 2009, the Plaintiff, UNIVERSAL MEDIQUIP, LLC, entered into a written agreement with GUNTER (the “Universal LOP”), to provide medical treatment. Attached hereto as Exhibit “C” is a copy of the Letter of Protection. 19. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, in reliance on, inter alia, the Hollywood LOP, provided medicalservices to GUNTER, which resulted in a bill of $450.00. Attached hereto and marked as Exhibit “D” is a copy of the invoiced charges for those medical services. 20. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, in reliance on, inter alia, the NEURO LOP, provided medical services to GUNTER, which resulted in a remaining outstanding balance of $81,701.80. Attached hereto and marked as Exhibit “E” is a copy of the invoiced charges for those medical services. 21. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC, in reliance on, infer alia, the OSC Agreement, provided medical services to GUNTER, which resulted in a bill of $42,507.95. Attached hereto and marked as Exhibit “F” is a copy of the invoiced charges for those medical services. 22. Plaintiff, UNIVERSAL MEDIQUIP, LLC, in reliance on, inter alia, the Universal LOP, provided medical services to GUNTER which resulted in a bill of $16,642.50. Attached hereto and marked as Exhibit “G” is a copy of the invoiced charges for those medical services. 23. GUNTER retained the law office of Steven E. Slootsky, P.A. (the “SLOOTSKY FIRM”), who prosecuted the case for a period of time; during which time the SLOOTSKY FIRM, inter alia, responded to discovery propounded by the Defendant in the Underlying Tort Case. 24. As part of the discovery responses GUNTER, through the SLOOTSKY FIRM, filed his Answers to the Personal Injury Interrogatories wherein, among other things, GUNTER, under oath: 1). identified “each injury for which” he was “claiming damages in” the Underlying Tort Case (see Answer No.15); 2). identified “each item of expense that” he claimed “to have incurred as a result of the injuries sued on” in the Underlying Tort Case (see Answer No. 12 and referenced Schedule “A”);3). Listed “the names and business addresses of each physician who had treated or examined (him), and each medical facility where (he) received any treatment or examinations for the injury for which (he) (sought) damages in the Underlying Tort Case (see Answer No. 16). Attached as Exhibit “H” is a copy of the Plaintiffs Notice of Filing Answers to Interrogatories Dated February 25, 2010 (the “Answers to Interrogatories”). 25. Noteworthy are the facts that the Answers to Interrogatories identify, inter alia: Gary Bloomberg of Complete Rehab & Medical Center of Hollywood; Robert Simon, MD of Orthopedic & Spine Center of South Florida, LLC and Dr. Anthony Hall of Orthopedic & Spine Center of South Florida, LLC d/b/a Neurosurgical Associates of South Florida, as well as the GUNTER injuries treated by the Plaintiffs in this action and some of the Plaintiffs’ invoices for such treatment as of February 23, 2010 when GUNTER signed the Answers to Interrogatories. 26. In or about late September 2010, Defendant GUNTER, fired the SLOOTSKY FIRM and hired KAPLAN & SCONZO to pursue the Underlying Tort Action. 27. At the time of transition from the SLOOTSKY FIRM to KAPLAN & SCONZO, the SLOOTSKY FIRM provided KAPLAN & SCONZO with access to the SLOOTSKY FIRM’s GUNTER file as well as the opportunity to copy said files. 28. In part, the SLOOTSKY FIRM provided KAPLAN & SCONZO with, inter alia, 1.) the table of non-party production which identifies, inter alia, treatment by a) Orthopedic & Spine Center of South Florida, LLC b) Dr. Gary Bloomberg (a/k/a Blumberg) of Complete Rehab & Medical Center of Hollywood; c) Dr. Anthony Hall of Orthopedic & Spine Center of South Florida, LLC d/b/a Neurosurgical Associates of South Florida; d) Dr. Robert Simon of Orthopedic & Spine Center of South Florida, LLC. Attached as Exhibit “I” is a copy of the November 9, 2010 cover letter from the SLOOTSKY FIRM to KAPLAN & SCONZO, P.A.; 2.) a jump drive of Mr. Gunter’s medical records and bills; 3.) access to the SLOOTSKY FIRM’s file which was in turn copied for them by DocuSolutions; and 4) the Answers to Interrogatorics (collectively the “Identifying Documents”).29. On information and belief, around the same time as KAPLAN & SCONZO were retained, GUNTER also retained THE ALOFS LAW FIRM (“ALOFS”) to co-counsel with KAPLAN & SCONZO. Attached hereto and marked as Exhibit “J” is a copy of the Stipulation for Substitution of Counsel. 30. The ALOFS LAW FIRM is a fictitious name owned by attorney, Todd Cash Alofs. Attached hereto and marked as composite Exhibit “K” are the fictitious name filings for THE ALOFS LAW FIRM, filed by Todd Cash Alofs on or about May 8, 2002; address change on June 10, 2002; March 26, 2008; and December 6, 2013. 31. On information and belief, GUNTER also retained Todd Cash Alofs, P.A. (“ALOFS, P.A.”) to co-counsel with KAPLAN & SCONZO!. 32. Payment for the medical services and/or goods provided by Plaintiffs were due upon distribution of the proceeds of settlement or judgment in the Underlying Tort Action. 33. At all times material, KAPLAN & SCONZO, ALOFS and ALOFS, P.A. knew or should have known of the medical services/treatment provided to GUNTER by Plaintiffs. 34, On information and belief, KAPLAN & SCONZO, ALOFS and ALOFS, P.A. knew that there were other medical providers who treated GUNTER, to wit: the Plaintiffs. 35. On information and belief, Defendants, KAPLAN & SCONZO, ALOFS and ALOFS, P.A., used the medical records and bills provided by the Plaintiffs to obtain a settlement in the Underlying Tort Action at the mediation. 36. | On information and belief, the Underlying Tort Action settled. "Tt is unclear to the Plaintiffs if 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. The information is in the possession of Todd Cash Alofs and Todd Cash Alofs, P.A. but despite request, they have refused to disclose the same. As discovery proceeds, if it is determined that one or the other of Todd Cash Alofs or Todd Cash Alofs, P.A. are not a proper party to this case, Plaintiffs will drop that party.37. On information and belief, the settlement proceeds from the Underlying Tort Action were distributed on February 23, 2012. 38. KAPLAN & SCONZO, ALOFS and/or ALOFS, P.A., failed to pay the Plaintiffs for the medical care and treatment they provided to GUNTER. 39. On information and belief, Defendant ALOFS and/or ALOFS, P.A., disbursed the settlement proceeds and took their and KAPLAN & SCONZO’s legal fees without paying any of the Plaintiffs’ medical bills. 40. 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-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 41. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 42. At all times material, Defendant, ALOFS, knew or should have known of the business relationship between Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER. 43. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ONE AND ONE, 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, ONE AND ONE, LLC d/b/aCOMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another person and/or entity. 44, Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, ALOFS’s, conduct. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 II-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 45. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 46. At all times material, Defendant, ALOFS, knew or should have known of the business relationship between Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and Defendant, GUNTER. 47. Defendant, ALOFS, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff,ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity. 48. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of Defendant, ALOFS’s, conduct. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, 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 III-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 49. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 50. At all times material, Defendant, ALOFS, knew or should have known of the business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and Defendant, GUNTER. SL. 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. 52. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of Defendant, ALOFS’s, 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. COUNT IV-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST KAPLAN & SCONZO, P.A. 53. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 54. At all times material, Defendant, KAPLAN & SCONZO, knew or should have known of the business relationship between Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER. 55. Defendant, KAPLAN & SCONZO, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ONE AND ONE, 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, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another person and/or entity. 56. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, KAPLAN & SCONZO’s, conduct. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgmentagainst Defendant, KAPLAN & SCONZO, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT V-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST KAPLAN & SCONZO, P.A. 57. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 58. At all times material, Defendant, KAPLAN & SCONZO, knew or should have known of the business relationship between Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and Defendant, GUNTER. 59. Defendant, KAPLAN & SCONZO, intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and the Defendant GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity. 60. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of Defendant, KAPLAN & SCONZO’s, conduct. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA,demands judgment against Defendant, KAPLAN & SCONZO, P.A.., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT VI-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC AS AGAINST KAPLAN & SCONZO, P.A. 61. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 62. At all times material, Defendant, KAPLAN & SCONZO, knew or should have known of the business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and Defendant, GUNTER. 63. Defendant, KAPLAN & SCONZO, 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. 64. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of Defendant, KAPLAN & SCONZO’s, conduct. WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, KAPLAN & SCONZO, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT VI-NEGLIGENCE ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 65. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL. CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below.66. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, owed Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, a duty to protect its medical bills pursuant to the Letter of Protection. 67. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, breached this duty by failing to pay GUNTER’s outstanding medical bills owed to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, upon settlement of the Underlying Tort Action. 68. As a direct and proximate result of Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s, failure to pay DAVID GUNTER’s outstanding medical bills owed to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 VII-NEGLIGENCE ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 69. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 70. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, owed Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL 13ASSOCIATES OF SOUTH FLORIDA, LLC, a duty to protect its medical bills pursuant to the Letter of Protection. 71. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, breached this duty by failing to pay DAVID GUNTER’s outstanding medical bills owed to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, upon settlement of the Underlying Tort Action. 72. As a direct and proximate result of Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s, failure to pay DAVID GUNTER’s outstanding medical bills owed to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES 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 IX- NEGLIGENCE UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM 73. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 74, Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, owed Plaintiff, UNIVERSAL MEDIQUIP, LLC, a duty to protect its medical bills pursuant to the Letter of Protection.75. Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM, breached this duty by failing to pay GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL MEDIQUIP, LLC, upon settlement of the Underlying Tort Action. 76. As a direct and proximate result of Defendant, TODD CASH ALOFS d/b/a THE ALOFS LAW FIRM’s, failure to pay GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL MEDIQUIP, LLC, it has suffered damages. 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. COUNT X-NEGLIGENCE ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST KAPLAN & SCONZO, P.A. 77. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 78. Defendant, KAPLAN & SCONZO owed Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, a duty to protect its medical bills pursuant to the Letter of Protection. 79. Defendant, KAPLAN & SCONZO, breached this duty by failing to pay GUNTER’ s outstanding medical bills owed to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, upon settlement of the Underlying Tort Action.80. As a direct and proximate result of Defendant, KAPLAN & SCONZO’s, failure to pay GUNTER’s outstanding medical bills owed to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment against Defendant, KAPLAN & SCONZO, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XI-NEGLIGENCE ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC AS AGAINST KAPLAN & SCONZO, P.A. 81. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 82. Defendant, KAPLAN & SCONZO, owed Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, a duty to protect its medical bills pursuant to the Letter of Protection. 83. Defendant, KAPLAN & SCONZO, breached this duty by failing to pay GUNTER’s outstanding medical bills owed to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, upon settlement of the Underlying Tort Action. 84. As a direct and proximate result of Defendant, KAPLAN & SCONZO”’s, failure to pay GUNTER’s outstanding medical bills owed to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, it has suffered damages.WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, LLC, demands judgment against Defendant, KAPLAN & SCONZO, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XII-NEGLIGENCE UNIVERSAL MEDIQUIP, LLC AS AGAINST KAPLAN & SCONZO, P.A. 85. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 86. Defendant, KAPLAN & SCONZO, owed Plaintiff, UNIVERSAL MEDIQUIP, LLC, a duty to protect its medical bills pursuant to the Letter of Protection. 87. Defendant, KAPLAN & SCONZO, breached this duty by failing to pay GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL MEDIQUIP, LLC, upon settlement of the Underlying Tort Action. 88. As a direct and proximate result of Defendant, KAPLAN & SCONZO’s, failure to pay GUNTER’s outstanding medical bills owed to Plaintiff, UNIVERSAL MEDIQUIP, LLC, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, KAPLAN & SCONZO, for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper.COUNT XII- BREACH OF CONTRACT ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST DAVID GUNTER 89. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 90. Defendant GUNTER, breached his contract with Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, by, inter alia, failing to pay the sums due to Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD when due. OL. Plaintiff, ONE AND ONE, 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, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 XIV- BREACH OF CONTRACT ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST DAVID GUNTER 92. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below.93. Defendant, GUNTER, breached his contract with Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA by, inter alia, failing to pay the sums due to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, when due. 94. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC 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 & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC 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 XV- BREACH OF CONTRACT UNIVERSAL MEDIQUIP, LLC AS AGAINST DAVID GUNTER 95. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 96. 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. 97. 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 XVI-OPEN ACCOUNT ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST DAVID GUNTER 98. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 99. Defendant, GUNTER, owes Plaintiff, ONE AND ONE, 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 “—D.” WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 XVII-OPEN ACCOUNT ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST DAVID GUNTER 100. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 101. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, the 20amount of $81,701.80 with interest since January 20, 2010, according to the account attached hereto and marked as composite Exhibit “E.” WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC 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 XVUI-OPEN ACCOUNT ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC AS AGAINST DAVID GUNTER 102. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 103. Defendant, GUNTER, owes Plaintiff, ORTHOPEDIC & 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 “F.” WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & 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 XIX-OPEN ACCOUNT UNIVERSAL MEDIQUIP, LLC AS AGAINST DAVID GUNTER 104. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 21105. 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 “G.” 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 XX-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS, P.A. 106. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 107. Atal times material, Defendant, TODD CASH ALOFS, P.A., knew or should have known of the business relationship between Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, and Defendant, GUNTER. 108. Defendant, TODD CASH ALOFS, P.A., intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ONE AND ONE, 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, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to another person and/or entity. 109. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, has been damaged as a result of Defendant, TODD CASH ALOFS, P.A.’s, conduct. 22WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XXI-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH ALOFS, P.A. 110, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 111. Atall times material, Defendant, TODD CASH ALOFS, P.A., knew or should have known of the business relationship between Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and Defendant, GUNTER. 112. Defendant, TODD CASH ALOFS, P.A., intentionally and/or unjustifiably interfered with the relationship and/or contract between the Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, and the Defendant, GUNTER, by, inter alia, making payment of amounts otherwise due to Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to another person and/or entity. 113. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, has been damaged as a result of Defendant, TODD CASH ALOFS, P.A.’s, conduct. 23WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XXII-TORTIOUS INTERFERENCE WITH ADVANTAGEOUS BUSINESS RELATIONSHIP BY UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS, P.A. 114. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs 1 through 40 above as though fully re-written herein below. 115. Atall times material, Defendant, TODD CASH ALOFS, P.A., knew or should have known of the business relationship between Plaintiff, UNIVERSAL MEDIQUIP, LLC, and Defendant, GUNTER. 116. Defendant, TODD CASH ALOFS, P.A., 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. 117. Plaintiff, UNIVERSAL MEDIQUIP, LLC, has been damaged as a result of Defendant, TODD CASH ALOFS, P.A.’s, conduct. WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. 24COUNT XXIII-NEGLIGENCE ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD AS AGAINST TODD CASH ALOFS, P.A. 118. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 119. TODD CASH ALOFS, P.A. owed ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, to a duty to protect its medical bills pursuant to the Letter of Protection. 120. TODD CASH ALOFS, P.A. breached this duty by failing to pay DAVID GUNTER’s outstanding medical bills owed to ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, upon settlement of the Underlying Tort Action. 121. As a direct and proximate result of TODD CASH ALOFS, P.A. failure to pay DAVID GUNTER’s outstanding medical bills owed to ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, demands judgment against Defendant, TODD CASH ALOFS, P.A.., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XXIV-NEGLIGENCE ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA AS AGAINST TODD CASH ALOFS, P.A. 122. Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 25123. TODD CASH ALOFS, P.A. owed ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, to a duty to protect its medical bills pursuant to the Letter of Protection. 124. TODD CASH ALOFS, P.A. breached this duty by failing to pay DAVID GUNTER’s outstanding medical bills owed to ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, upon settlement of the Underlying Tort Action. 125. As a direct and proximate result of TODD CASH ALOFS, P.A. failure to pay DAVID GUNTER’s outstanding medical bills owed to ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, ORTHOPEDIC & SPINE CENTER OF SOUTH FLORIDA, LLC d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XXV-NEGLIGENCE UNIVERSAL MEDIQUIP, LLC AS AGAINST TODD CASH ALOFS, P.A. 126. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs | through 40 above as though fully re-written herein below. 127. TODD CASH ALOFS, P.A. owed UNIVERSAL MEDIQUIP, LLC, to a duty to protect its medical bills pursuant to the Letter of Protection. 128. TODD CASH ALOFS, P.A. breached this duty by failing to pay DAVID GUNTER’s outstanding medical bills owed to UNIVERSAL MEDIQUIP, LLC, upon settlement of the Underlying Tort Action. 26129. As a direct and proximate result of TODD CASH ALOFS, P.A. failure to pay DAVID GUNTER’s outstanding medical bills owed to UNIVERSAL MEDIQUIP, LLC, it has suffered damages. WHEREFORE, for the foregoing reasons, Plaintiff, UNIVERSAL MEDIQUIP, LLC, demands judgment against Defendant, TODD CASH ALOFS, P.A., for its damages, interest and costs, and for such further and other relief as this Honorable Court deems just and proper. COUNT XXVI BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS /B/A THE ALOFS LAW FIRM OWED TO ONE AND ONE, LLC D/B/A COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD 130. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, restates the allegations made in paragraphs | through 40 above, as though fully re-written herein below. 131. At all times material, ALOFS owed ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD an implied fiduciary duty by virtue of, inter alia; a. Having assumed the role of the attorney for plaintiff in the Underlying Tort Case; b. _ Relying in part on the medical care, treatment and invoices provided by ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD to Gunter to obtain a settlement of the Underlying Tort Case; c. Injecting himself into the position where he knew or should have known of the medical care, treatment and bills of ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD; d. Negotiating the damages of Gunter; which damages included ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLY WOOD’s invoices; e. Negotiating reductions of Gunter’s medical bills; f. _ Distributing the proceeds of the litigation in the Underlying Tort Case. 132. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD relied on the defendants to honor and protect ONE AND ONE, LLC 27d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD’ s lien in the proceeds of the litigation in the Underlying Tort Case. 133. ALOFS breached his fiduciary duty owed to ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD by, inter alia, failing to notify ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD of the settlement of the Underlying Tort Case and by distributing the settlement proceeds without paying ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD its outstanding invoice for the medical services. 134. ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD suffered damages as a result of ALOFS breach of his fiduciary duty owed to ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD. WHEREFORE, for the foregoing reasons, Plaintiff, ONE AND ONE, 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 XXVII BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS D/B/A THE ALOFS LAW FIRM OWED TO ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/d/ NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA 135. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA, restates the allegations made in paragraphs 1 through 40 above, as though fully re-written herein below. 28136. At all times material, ALOFS owed ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA an implied fiduciary duty by virtue of, inter alia; a. Having assumed the role of the attorney for plaintiff in the Underlying Tort Case; b. Relying in part on the medical care, treatment and invoices provided by ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA to Gunter to obtain a settlement of the Underlying Tort Case; c. Injecting himself into the position where he knew or should have known of the medical care, treatment and bills of ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA; d. Negotiating the damages of Gunter; which damages included ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA’s invoices; e. Negotiating reductions of Gunter’s medical bills; f. Distributing the proceeds of the litigation in the Underlying Tort Case. 137. Plaintiff, ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA relied on the defendants to honor and protect ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA’s lien in the proceeds of the litigation in the Underlying Tort Case. 138. ALOFS breached his fiduciary duty owed to ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA by, inter alia, failing to notify ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA of the settlement of the Underlying Tort Case and by distributing the settlement proceeds without paying ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA its outstanding invoice for the medical services. 29139. ORTHOPEDIC AND SPINE CENTER OF SOUTH FLORIDA d/b/a NEUROSURGICAL ASSOCIATES OF SOUTH FLORIDA suffered damages as a result of ALOFS breach of his fiduciary duty owed to 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 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 XXVIII BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS D/B/A THE ALOFS LAW FIRM OWED UNIVERSAL MEDIQUIP. 140. Plaintiff, UNIVERSAL MEDIQUIP, LLC, restates the allegations made in paragraphs | through 40 above, as though fully re-written herein below. 141. At all times material, ALOFS owed UNIVERSAL MEDIQUIP, LLC an implied fiduciary duty by virtue of, inter alia; a. Having assumed the role of the attorney for plaintiff in the Underlying Tort Case; b. Relying in part on the medical care, treatment and invoices provided by UNIVERSAL MEDIQUIP, LLC to Gunter to obtain a settlement of the Underlying Tort Case; c. Injecting himself into the position where he knew or should have known of the medical care, treatment and bills of UNIVERSAL MEDIQUIP, LLC; d. Negotiating the damages of Gunter; which damages included UNIVERSAL MEDIQUIP, LLC’s invoices; e. Negotiating reductions of Gunter’s medical bills; f. Distributing the proceeds of the litigation in the Underlying Tort Case. 142. Plaintiff, UNIVERSAL MEDIQUIP, LLC relied on the defendants to honor and protect UNIVERSAL MEDIQUIP, LLC’s lien in the proceeds of the litigation in the Underlying Tort Case.143. ALOFS breached his fiduciary duty owed to UNIVERSAL MEDIQUIP, LLC by, inter alia, failing to notify UNIVERSAL MEDIQUIP, LLC of the settlement of the Underlying Tort Case and by distributing the settlement proceeds without paying UNIVERSAL MEDIQUIP, LLC its outstanding invoice for the medical services. 144, UNIVERSAL MEDIQUIP, LLC suffered damages as a result of ALOFS breach of his fiduciary duty owed to UNIVERSAL MEDIQUIP, LLC. 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. COUNT XXIX BREACH OF FIDUCIARY DUTY OWED BY TODD CASH ALOFS, P.A. OWED TO ONE AND ONE, LLC D/B/A COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD 145. Plaintiff, ONE AND ONE, LLC d/b/a COMPLETE REHAB AND MEDICAL CENTER OF HOLLYWOOD, re