On July 10, 148 a
Motion,Ex Parte
was filed
involving a dispute between
Biberstein, Harry,
and
All Others Whom It May Concern,
Deville, Carol,
Frazer, Christine,
Golden Key Properties Llc,
Kirchberger, Andreas,
Kirchberger, Gabriel,
Kirchberger, Niclas X,
Moonstone Holdings, Llc, A Nevada Limited Liability Company,
Southern Shores Enterprises, Llc, A Florida Limited Liability Company,
for Other - Matters not falling within the Other Civil Subcategories
in the District Court of Charlotte County.
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Filing # 78311899 E-Filed 09/24/2018 01:03:53 PM
iN THE CIRCUIT COURT OF TH NIJETH
IN AND FOR CHARLOTTE COUN FLORIDA
HARRY BIBERSTEIN,
Plaintiff,
VS.
CASE NO. 17-917-CA
GABRIEL KIRCHBERGER,
CAROL DEVILLE UTHERN SHORES
ENTERPRISES, LLC. a
Florida limited liz ility Compai Y
and MOONSTONE HOLDINGS, LLC,
a Nevada limited liability Company.
Defendants.
enna
E'S FIRST AMENDED
MOTION TO DISMISS. COUNT IV.OF PLAINTIF
COMPLAINT
MOONSTONE HOLDING
Defendant, LLC, by and through its
COMES NOW
to Dismiss Count [V of the Plaintiff's First
undersigned attommey and moves this Honorable Court d for
te 726.110 and to strike the Plaintiff's deman
Amended Complaint pursuant to F lorida Statu
state:
attorney's fees and costs and in support thereof would
Complaint alleges that the
1 As plead Count 1V of Plaintiffs First Amended
berger to Moonstone Holdings LLC,
transfers of real property from Defendant Gabriel Kirch in Florida Statute
ed
violated the Uniform Fraudulent ‘Transfer Act, Florida Statute as adopt
726.105 (1) (a).
>
2 In Plorida, bring any acti on regarding an alleged fraudulent
a Plaintiff must
tr ansfer or obligation occurred, or if
transfer within 4 years of the date the alleged fraudulent
ation was or cou id have reasonably been
later, within one year after the transfer or oblig
discovered by the plainti #. Failure to bring an action within those time fram es results in an
extinguishment of a claim.
made by qui it t claim deeds dated
3 The real property wansfers being challenged were
County, Florida in February
in January o {2012 and recorded in the Public Records of Sarasota
and April of 20124
County, Florida in
4 The original action in this proceeding commenced in Sarasota
Sarasota County, Florida on Nov. 18 2016 case No, 16-38
72CA. The first claim ofa fraudulent
conveyance was filed in that case on January 26, 2017.
oy5. The case was subsequently transferred to Charlotte County Florida a result of
Defendant's Motion for a change of venue.
6. Plaintiff has failed to timely bring a cause of action for fraudulent conveyance as
to Moonstone Holdings, LLC within four years of the date of transfer and the Plaintiff's cause of
action in County IV of this proceeding is extinguished pursuant to Florida Statute 726,110.
4 or contractual basis as to an attomey fees award from
There is no statutory
Moonstone Holdings, LLC.
Wherefore Defendant, Moonstone Holdings, LLC, moves to dismiss Count 1V of the
of the
Kirst Amended Complaint as to Moonstone Holdings, LLC and to strike the portion
pleading requesting attorneys fees and costs.
Count
1 HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss
d by E-Servic e to
TV of the Plaintiff's First Amended Complaint has been furnishe
msl. mrglaw.com this 24° of September. 2018.
ons
Land &
ROBERT W. S$ UR PA
2828 S. McC “all R oad PMB S6
Englewood, Florida 34224
041-473-8878
Fla, Bar No.; 0700932
Legal egurlaw.net
Atty For Moonstone Holdings. LLC
Document Filed Date
September 24, 2018
Case Filing Date
July 10, 148
Category
Other - Matters not falling within the Other Civil Subcategories
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Filing # 78311899 E-Filed 09/24/2018 01:03:53 PM iN THE CIRCUIT COURT OF TH NIJETH IN AND FOR CHARLOTTE COUN FLORIDA HARRY BIBERSTEIN, Plaintiff, VS. CASE NO. 17-917-CA GABRIEL KIRCHBERGER, CAROL DEVILLE UTHERN SHORES ENTERPRISES, LLC. a Florida limited liz ility Compai Y and MOONSTONE HOLDINGS, LLC, a Nevada limited liability Company. Defendants. enna E'S FIRST AMENDED MOTION TO DISMISS. COUNT IV.OF PLAINTIF COMPLAINT MOONSTONE HOLDING Defendant, LLC, by and through its COMES NOW to Dismiss Count [V of the Plaintiff's First undersigned attommey and moves this Honorable Court d for te 726.110 and to strike the Plaintiff's deman Amended Complaint pursuant to F lorida Statu state: attorney's fees and costs and in support thereof would Complaint alleges that the 1 As plead Count 1V of Plaintiffs First Amended berger to Moonstone Holdings LLC, transfers of real property from Defendant Gabriel Kirch in Florida Statute ed violated the Uniform Fraudulent ‘Transfer Act, Florida Statute as adopt 726.105 (1) (a). > 2 In Plorida, bring any acti on regarding an alleged fraudulent a Plaintiff must tr ansfer or obligation occurred, or if transfer within 4 years of the date the alleged fraudulent ation was or cou id have reasonably been later, within one year after the transfer or oblig discovered by the plainti #. Failure to bring an action within those time fram es results in an extinguishment of a claim. made by qui it t claim deeds dated 3 The real property wansfers being challenged were County, Florida in February in January o {2012 and recorded in the Public Records of Sarasota and April of 20124 County, Florida in 4 The original action in this proceeding commenced in Sarasota Sarasota County, Florida on Nov. 18 2016 case No, 16-38 72CA. The first claim ofa fraudulent conveyance was filed in that case on January 26, 2017. oy5. The case was subsequently transferred to Charlotte County Florida a result of Defendant's Motion for a change of venue. 6. Plaintiff has failed to timely bring a cause of action for fraudulent conveyance as to Moonstone Holdings, LLC within four years of the date of transfer and the Plaintiff's cause of action in County IV of this proceeding is extinguished pursuant to Florida Statute 726,110. 4 or contractual basis as to an attomey fees award from There is no statutory Moonstone Holdings, LLC. Wherefore Defendant, Moonstone Holdings, LLC, moves to dismiss Count 1V of the of the Kirst Amended Complaint as to Moonstone Holdings, LLC and to strike the portion pleading requesting attorneys fees and costs. Count 1 HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Dismiss d by E-Servic e to TV of the Plaintiff's First Amended Complaint has been furnishe msl. mrglaw.com this 24° of September. 2018. ons Land & ROBERT W. S$ UR PA 2828 S. McC “all R oad PMB S6 Englewood, Florida 34224 041-473-8878 Fla, Bar No.; 0700932 Legal egurlaw.net Atty For Moonstone Holdings. LLC