Motion,Ex Parte: BIBERSTEIN, HARRY vs. KIRCHBERGER, GABRIEL

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                                IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                             IN AND FOR CHARLOTTE COUNTY, FLORIDA
                                        CIVIL ACTION
 HARRY BIEBERSTEIN,

                    Plaintiff,
                                                                        Case No.      17-CA-917


 GABRIEL KIRCHBERGER, CAROL DEVILLE,
 SOUTHERN SHORES ENTERPRISES, LLC,
a Florida limited liability company, and
 MOONSTONE HOLDINGS, LLC, a Nevada                                                                         Ss
limited liability company,                                                                                            ~—


                    Defendants.                                                                                        +4
                                                                   /
                      ORDER ON CAROL DEVILLE’S MOTION TO DISMISS.
             GABRIEL KIRCHBERGER, SOUTHERN SHORES ENTERPRISES, LLC AND
                                                                                                    Sa
                   MOONSTONE HOLDINGS, LLC’S MOTION TO DISMISS AND
                     PLAINTIFF, HARRY BIEBERSTEIN’S ORAL MOTION TO
                                   AMEND HIS PLEADINGS
         THIS CAUSE         having come to be heard on June 18, 2018 on the following Motions to

Dismiss; CAROL DEVILLE’S MOTION TO DISMISS; GABRIEL KIRCHBERGER, SOUTHERN

SHORES        ENTERPRISES,         LLC and MOONSTONE         HOLDINGS,          LLC’S JOINT MOTIONS TO
DISMISS       and     PLAINTIFF,    HARRY     BIEBERSTEIN'S             ORAL    MOTION     TO     AMEND         HIS
PLEADINGS,          and after review of the file, review of the Motions,            after hearing argument of
counsel and after otherwise being duly advised, hereby finds that:

         1          The   DEFENDANTS,       in their   Motions     to    Dismiss,   objected    to this   Court's
recognition    and enforcement of the Out-of-Country             Foreign    Judgment    attached to Plaintiff's
Complaint as Exhibit “A”, asserting that it is not a money judgment as defined by §55.602(2) Fla.

Stat.   The Court finds that the Out-of-Country Foreign Judgment is not                 a money judgment as
defined by §55.602(2) Fla. Stat.
2             The Court finds the PLAINTIFF has properly pled and alleged in his Complaint,

causes of action against the DEFENDANTS                           under the Florida Uniform Fraudulent Transfer Act,

§726.101         Fla. Stat.        However, he has not alleged or attached any evidence of the underlying

debt other than the Out-of-Country Foreign Judgment which is attached to the Complaint as

Exhibit “A”.

        3             The PLAINTIFF made an oral motion at the hearing to amend his pleadings to

allege and/or attach evidence of the indebtedness and the Court granted the motion.

        Therefore, it is hereby ORDERED and ADJUDGED that:
        1
                 The Out-of-Country            Foreign Judgment            entered     by the Ontario     Superior Court of
                 Justice      on     September       23,   2016        against   GABRIEL        KIRCHBERGER,            Susanne
                 Viktoria Schmidt, Nomen Fitness Inc., 487223 Ontario Limited and 1171852 Ontario

                 Limited Carrying On Business as G.K. York Management                              Service, is not a money
                 judgment          and   therefore    cannot      be    recognized     and     enforced   under      the Out-of-
                 Country Foreign-Money Judgement Act.

                 The PLAINTIFF shall have twenty (20) days from the date of this Order with which to

                 amend his Complaint to allege a basis of the indebtedness he claims is owed to him

                 by DEFENDANT              KIRCHBERGER            in support of his claim under the Florida Uniform

                 Fraudulent Transfer Act.

        DONE AND ORDERED this a                             day pul                  , 2018.


                                                               Honorable Lisa S. Porter
                                                               Circuit Court Judge
                                                               Charlotte County
Conformed Copies:
       Mark A. Slack, Esq., Mslack@lawfirmnaples.com
       Robert W. Segur, Esq., legal@segurlaw.net
       David K. Oakes, Esq., doaksesq@comcast.net
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