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35-2021-CA-001554-AXXX-XX
Filing # 134241402 E-Filed 09/09/2021 09:05:20 AM
IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT,
IN AND FOR LAKE COUNTY, FLORIDA
BUZZARD BEACH INC CASE Ni
a Florida for-profit corporation, and DIVISION:
JACK PROTZMAN,
Plaintiffs,
Vv.
SUZANNE RICCIARDI
Defendant.
VERIFIED COMPLAINT
COMES NOW, the Plaintiffs, BUZZARD BEACH, INC, and JACK
PROTZMAN, by and through undersigned counsel and sues the Defendant, SUZANNE
RICCIARDI and alleges:
COMMON FACTUAL ALLEGATIONS
This is an action for damages in excess of $30,000.00
Defendant, SUZANNE RICCIARDI is resident of Volusia County and is otherwise
sui juris.
Real property, which is the subject of this dispute is located in Lake County Florida,
(hereinafter referred to as the “Property”), and is otherwise sui juris, and described
as
THAT PART OF GOVERNMENT LOT 3 IN SECTION 30, TOWNSHIP 19
SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED
AND DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID SECTION 30, TOWNSHIP
19 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, RUN
SOUTH ALONG THE WEST LINE OF SAID SECTION 30, A DISTANCE
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/09/2021 03:25:29 PM.
OF 162.70 FEET; THENCE SOUTH 73°41°10” EAST, 2404.25 FEET;
THENCE NORTH 16°59°40” EAST, 85.44 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO
441, TO THE POINT OF BEGINNING OF THIS DESCRIPTION. FROM
SAID POINT OF BEGINNING RUN NORTH 73°31’20” WEST, ALONG
THE NORTHERLY LINE OF RIGHT OF WAY U.S. HIGHWAY NO. 441,
A DISTANCE OF 66.26 FEET; THENCE NORTH 18°30°07” EAST, 154.00
FEET; MORE OR LESS, TO THE WATERS OF LAKE EUSTIS; THENCE
SOUTHEASTERLY ALONG AND WITH THE WATERS OF LAKE
EUSTIS TO A POINT THAT IS NORTH 16°59’40” EAST OF THE POINT
OF BEGINNING; THENCE SOUTH 16°59’40” WEST, 120 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING.
Parcel Identification Number: 30-19-26-0002-000-00302
Commonly known as: 12335 US Highway 441, Tavares, FL 32778
Plaintiff, BUZZARD BEACH, INC, is a for profit corporation with its principal
place of business located at 2209 Cypress Cove Drive, Tavares, FL 32778.
Plaintiff, JACK PROTZMAN, is a resident of Lake County, Florida and is
otherwise sui juris.
The Court has personal jurisdiction over all parties named in this action.
The Court has subject matter jurisdiction over all matters raised in this action.
COUNT I
BREACH OF JOINT VENTURE AGREEMENT
Plaintiff sues Defendants and realleges paragraphs 1 through 7 of The Common
Factual Allegations above.
Plaintiff sues Defendant for breach of joint venture agreement.
10 The elements of a breach of joint venture agreement are first, that a contract was
formed; second, that there is a community of interests in the performance of the
common purpose; third, that joint control or right of control exists; fourth that a joint
proprietary interest in the subject matter exists; fifth, that a right to share in the profits
exists; and six, a duty to share in the losses exists.
11 Plaintiff and Defendant formed an oral agreement to purchase a sub-market property
with Defendant providing the initial funds for purchase, for Jack Protzman to rehab
and renovate the property, and for the parties to rent the property until the market
improved, and then to sell the property splitting the sales proceeds 50/50, however,
Jack retained the option to purchase the Property for $200,000.00 if the time came
that both parties decided to sell the Property.
12 The oral agreement to purchase and rehab the property is evidenced based on the
conduct of the parties, to wit: 1) Defendant possessed funds for the intial purchase
and was ready willing and able to close, 2) Plaintiffs provided labor and purchased
supplies as evidenced in the attached Affidavit and summary pages attached thereto
as Exhibit “A”.
13 Plaintiff and Defendant had a mutual interest in the performance of the venture as
shown by Jack Protzman’s purchase negotiations, property maintenance, tenant
coordination and rent collections, paying for the grounds maintenance, and providing
funds to Defendant to pay property taxes on the Property.
14 Defendant and Plaintiff shared joint control and proprietary interest over the venture
and shared a right to profits and losses based on the operations of the venture as
shown by the purchase, rehab, rental, and now attempted sale of the Defendant.
15 Plaintiff was obligated to retain counsel for the filing of this complaint and to
represent Plaintiff in this matter both personally and as President of Buzzard Beach
Inc.
16. In the event of a default by Defendant, a reasonable attorney's fees in the amount of
$2,500.00 shall be deemed reasonable for the cost of preparing this case for suit.
WHEREFORE, Plaintiff demands judgment against Defendant for damages totaling
$125,000.88, court costs, pre and post judgment interest, an order directing Defendant(s)
to complete a fact and information sheet on an annual basis until the judgment is satisfied,
and any other remedies this court deems just and proper, in the alternative, Plaintiff prays
for a finding of a constructive trust through an equitable lien.
COUNT II
UNJUST ENRICHMENT
17. Plaintiffs sue Defendant and reallege paragraphs 1 through 7 of The Common Factual
Allegations above.
18 Plaintiff sues Defendant for unjust enrichment.
19 A successful claim for unjust enrichment must include the following elements, first,
that the Plaintiff has conferred a benefit on the Defendant, who has knowledge
thereof; second, that the Defendant voluntarily accepts and retains the benefit
conferred; and third, that the circumstances render the Defendant’s retention of the
benefit inequitable unless the Defendant pays to the Plaintiff the value of the benefit.
20. Plaintiff conferred a benefit on the Defendant by providing $88,786.00 in labor in
rehabbing the property.
21 Plaintiff conferred a benefit on the Defendant by providing $36,214.88 in supplies
and machine rentals used in rehabilitating the property and by making capital
upgrades.
22 Defendant is aware or has knowledge of the benefit because when the Property was
purchased in the joint venture the house was in extreme disrepair and was mold
infested and dilapidated to the point that it nearly needed to be torn down which is
when Plaintiffs stepped in and rehabilitated the Property which is now listed for sale
at several times the intial purchase price.
23 Defendant voluntarily accepted and retained the benefit conferred, namely Defendant
has accepted the home in its present condition and has changed the locks in an attempt
to sell the Property.
24 Based on the circumstances it would be inequitable to allow Defendant to retain the
benefit of $125,000.88 of Plaintiffs labor and supplies without paying the Plaintiff
the fair value thereof.
25. The value of the conferred benefit is $125,000.88.
26 Plaintiff was obligated to retain counsel for the filing of this complaint and to
represent Plaintiff in this matter both personally and as President of Buzzard Beach
Inc.
27 In the event of a default by Defendant, a reasonable attorney's fees in the amount of
$2,500.00 shall be deemed reasonable for the cost of preparing this case for suit.
WHEREFORE, Plaintiff demands judgment against Defendant for damages totaling
$125,000.88, court costs, pre and post judgment interest, an order directing Defendant(s)
to complete a fact and information sheet on an annual basis until the judgment is satisfied,
and any other remedies this court deems just and proper, in the alternative, Plaintiff prays
for a finding of a constructive trust through an equitable lien.
COUNT Ii
QUANTUM MERUIT
28. Plaintiff sues Defendant and realleges paragraph 1 through 7 of The Common Factual
Allegations above.
29 Plaintiff sues Defendant for Quantum Meruit.
30. In the absence of an express agreement, plaintiff provided a benefit in the form of
goods or services accepted by the defendant, under the circumstances a reasonable
person would reasonably expect to pay for such benefit, defendant failed to pay for
the benefit, and damages resulted.
31 Plaintiff and Defendant did not have a written agreement for the purchase of the
Property or for the expenses paid by the Plaintiff, so there is an absence of an express
agreement.
32. Plaintiff purchased supplies and equipment and paid expenses on in furtherance of
the oral agreement to rehab and rent or sell the Property to the benefit of the
Defendant.
33 A reasonable person in the Plaintiff's situation would believe that the upgrades in
supplies and labor provided were expended in anticipation of future gain which was
to be the future sale of the Property, and that expectation is reasonable.
34 A reasonable person would not fix-up a property without compensation, as Plaintiff
did, without the expectation that they would be compensated at a later date.
35 Defendant has not paid Plaintiff back for all the money expended in the rehabilitation
nor paid him for the labors Plaintiff performed in the rehab process.
36. Plaintiff was damaged because he expended all the money to rehab only to be locked
out of the Property when Defendant had no intention of repaying Plaintiff.
37 Plaintiff sought to coordinate a sale of the Property and to settle up for the outstanding
balance owed to him from Defendant as shown in the text messages to Defendant.
38 Defendant, from time to time, requested Plaintiff to give her cash for immediate
needs, which was obliged by Plaintiff. Plaintiff provided monies in excess of
$10,000.00 not inclusive of funds for taxes, insurance or maintenance, as contained
in the attached affidavit found in Exhibit “A”.
39 Plaintiff paid for the rehab, gave cash to Defendant, and gave cash to Defendant for
the property taxes all under the reasonable understanding that Plaintiff would be
reimbursed later.
40. Plaintiff has been deprived of the value of his labor, the supplies and equipment
expenditures for upgrading the Property and for the periodic cash paid to Defendant
as well as the property taxes given to Defendant in cash and is therefore damaged.
41 Based on the circumstances, it would be inequitable for Defendant to the benefit of
Plaintiffs aforementioned efforts and expenditures without having to repay Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant for damages totaling
at least $125,000.88, attorney fees and costs, court costs, pre and post judgment interest
and any other remedies this court deems just and proper.
Pled In the Alternative, if this court determines there was no joint venture
agreement or that the elements of quantum meruit are insufficient.
COUNT IV
EQUITABLE LIEN
42 Plaintiff sues Defendant and realleges paragraph 1 through 7 of The Common Factual
Allegations above, and 17-27 of Count II.
43 Defendant promised to split the profits from the sale of the Property.
44 Plaintiff reasonably and justifiable relied on that promise.
45 Plaintiff was reasonably induced to rehabilitate and serve as landlord of the property
in the anticipation of a future payoff for a 50/50 split on the proceeds from the sale
of the Property.
46 Plaintiff spent 36,214.88 in supplies and equipment rehabilitating the Property.
47 Plaintiff provided services with a value of $88,786.00.
48 Plaintiff did the aforementioned acts believing Defendant and he would split the
proceeds at the closing table after paying off their investment expenditures.
49, Plaintiff reasonably and justifiably relied on those assurances and promises.
50. Plaintiff provided the aforementioned labor and supplies to his detriment.
51 Under the circumstances, it would be equitable to establish a lien against the building
located at 12335 US Highway 441, Tavares, FL 32778.
WHEREFORE, Plaintiff prays this Honorable Court will establish an equitable lien
against 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida in the amount
of $125,000.88, costs of suit, prejudgment interest and post judgment interest, and any
further relief this Court deems necessary and just.
COUNT V
FORECLOSURE OF EQUITABLE LIEN
52 Plaintiff sues Defendant and realleges paragraph 1 through 7 of The Common Factual
Allegations above, and paragraphs 42-51 of Count IV.
353. Plaintiff holds an equitable lien against assets of 12335 US Highway 441, Tavares,
FL 32778 and all personal property located at 12335 US Highway 441, Tavares, FL
32778, Lake County, Florida in the amount of $125,000.88.
354 Plaintiff upgraded the building and Defendant received a benefit by an increase in
property value.
55 Plaintiff holds an equitable lien against the real property owned by Defendant located
at 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida in the amount
of $125,000.88.
56. Defendant defaulted under the terms of the underlying promise of split profits when
they failed to make repayment for the money expended and earned by Plaintiff in the
amount of $125,000.88.
57. Plaintiffs accelerate the debt described herein.
58. Defendant owes Plaintiff the principle amount of $125,000.88 plus interest plus costs
and fees.
59 Plaintiff is the legal part-owner of the 12335 US Highway 441, Tavares, FL 32778,
Lake County, Florida.
60 Plaintiff alleges that all other claims are secondary, junior, inferior, and subject to the
prior claim of Plaintiff.
WHEREFORE, Plaintiff prays this Honorable Court will foreclose that certain
equitable lien against 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida
in the amount of $125,000.88 owned by SUZANNE RICCIARDI in the amount of
$125,000.88, the costs of suit, prejudgment interest, post judgment interest, and any further
relief this Court deems necessary and just.
”
VERIFICATION
STATE OF FLORIDA
COUNTY OF VOLUSIA
BEFORE ME, the undersigned authority, duly authorized to administer oaths and
take acknowledgements, personally appeared JACK PROTZMAN who after being duly
sworn deposes and says that under penalties of perjury:
1. Iam the Plaintiff.
2. Ihave personal knowledge of the facts stated herein.
3 I have read the foregoing, Verified Complaint, and t
Le‘Ktag
Cz PROTZM. [A eysonally and as
‘resident of Buzzard Beach, Inc.
Sworn to or affirmed and signed before me by means of ii physical presence or O online
notarization by Sack Cotenon on _Seolembe- 7, Jax 2
Deu. Abe, Une,
2021.
DEANN M. ROSER-MARION "NOTARY PUBLIC or DEPUTY CLERK
CommissionGG 352750
Expires July22, 2023
Bonded Thru Troy Fala insurance 800-385-7019
* Deca IN. Psa Nico
{Print, type or stamp commissioned name
Of Notary or Clerk.}
Personally known X% Produced Identification
Type of identification produced: Wr ACan
PETERSON LAW GROUP, PLLC.
Stade pls
David G. Hamilton, Esq., Florida Bar #1015311
418 Canal Street, New Smyrna Beach, FL 32168
Tel: (386) 428-2464
Fax: (386) 423-9967
E-mail: dhamilton@418canal.com
Attorney for the Plaintiffs
Exhibit “A”
Affidavit of Labor by Jack Protzman
Totals for Supplies in Rehab
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF VOLUSIA
BEFORE ME, the undersigned authority, duly authorized to administer oaths and
take acknowledgements, personally appeared JACK PROTZMAN who after being duly
sworn deposes and says that under penalties of perjury:
1 I performed a complete rehabilitation of the Property contained in this complaint.
2 I performed extensive labor on the Property.
3 I agreed with Suzanne Ricciardi to enter a joint venture. The terms of which were:
a. To purchase and rehab and rent/sell the Property and split the proceeds, though
I, Jack retained the option to purchase the property for $200,000.00 when we
mutually decided to sell since the property is adjacent another property which I
have an ownership interest in.
Suzanne was to purchase the Property.
Suzanne paid roughly $47,000.00 for the Property.
I, Jack gave the seller an additional $5,000.00 in cash to facilitate the deal.
I, Jack was to rehab the Property.
I, Jack rehabbed the Property for approximately $36,214.88 in supplies and
equipment and machinery and materials, a summary and total of which is
affixed hereto.
I, Jack provided labor the fair market value of which is $88,786.
I, Jack acted as landlord and rented the Property to various tenants over the last
few years.
I, Jack managed the Property by collecting rents from tenants of $900/month,
paying or otherwise maintaining the exterior of the property.
J I, Jack gave $1,000 in cash each month (from approximately January 2015 to
April 2021) to Suzanne, a $100 cash flow deficit.
k. I, Jack gave cash to Suzanne for annual property taxes in the amount of
$14,770.14 for years 2013-2020.
4. I, Jack gave cash to Suzanne whenever she “needed a little money,” totaling
approximately monies in excess of $10,000.00, not inclusive of funds for taxes,
insurance, etc.
The Joint Venture allowed Suzanne to tap her investment/retirement accounts without
penalty.
The Property locks were changed, and Suzanne sought to ouster me from the property
in the summer of 2021.
. 4
Suzanne has listed the property for sale in an effort to deprive me of the fair value of
my contribution, and his 50/50 share in the proceeds.
I notified Suzanne that her intention to sell the property without distributing my share
to me would be fraud in a text message sent 06/30/2021, a copy of which is affixed
hereto.
9 I have read the foregoing, Verified Complaint, and the facts stated in it are true.
Dated: "7 202
‘K PROTZMAN, personally and as
‘resident of Buzzay Beach, Inc.
Swom to or affirmed and signed before me by means of (if physical presence or O online
notarization by “ack Cslemen on 32 ptember ] oWD/ >
2021.
.
DEANN if, ROSER-MARION
| .
NOTARY PUBLIC or DEPUTY CLERK
-
Commission # GG 352759
Expltes July 22, 2023,
Theu Troy Fain Insurance 800-385-
7019
Dom (h.bsse--Marien
{Print, type or ‘stamp commissioned name
Of Notary or Clerk.}
Personally known
Xx Produced Identification
Type of identification produced: LX werd u Cans
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35-2021-CA-001554-AXXX-XX Filing # 134241402 E-Filed 09/09/2021 09:05:20 AM IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA BUZZARD BEACH INC CASE Ni a Florida for-profit corporation, and DIVISION: JACK PROTZMAN, Plaintiffs, Vv. SUZANNE RICCIARDI Defendant. VERIFIED COMPLAINT COMES NOW, the Plaintiffs, BUZZARD BEACH, INC, and JACK PROTZMAN, by and through undersigned counsel and sues the Defendant, SUZANNE RICCIARDI and alleges: COMMON FACTUAL ALLEGATIONS This is an action for damages in excess of $30,000.00 Defendant, SUZANNE RICCIARDI is resident of Volusia County and is otherwise sui juris. Real property, which is the subject of this dispute is located in Lake County Florida, (hereinafter referred to as the “Property”), and is otherwise sui juris, and described as THAT PART OF GOVERNMENT LOT 3 IN SECTION 30, TOWNSHIP 19 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, BOUNDED AND DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 30, TOWNSHIP 19 SOUTH, RANGE 26 EAST, IN LAKE COUNTY, FLORIDA, RUN SOUTH ALONG THE WEST LINE OF SAID SECTION 30, A DISTANCE FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/09/2021 03:25:29 PM. OF 162.70 FEET; THENCE SOUTH 73°41°10” EAST, 2404.25 FEET; THENCE NORTH 16°59°40” EAST, 85.44 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO 441, TO THE POINT OF BEGINNING OF THIS DESCRIPTION. FROM SAID POINT OF BEGINNING RUN NORTH 73°31’20” WEST, ALONG THE NORTHERLY LINE OF RIGHT OF WAY U.S. HIGHWAY NO. 441, A DISTANCE OF 66.26 FEET; THENCE NORTH 18°30°07” EAST, 154.00 FEET; MORE OR LESS, TO THE WATERS OF LAKE EUSTIS; THENCE SOUTHEASTERLY ALONG AND WITH THE WATERS OF LAKE EUSTIS TO A POINT THAT IS NORTH 16°59’40” EAST OF THE POINT OF BEGINNING; THENCE SOUTH 16°59’40” WEST, 120 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Parcel Identification Number: 30-19-26-0002-000-00302 Commonly known as: 12335 US Highway 441, Tavares, FL 32778 Plaintiff, BUZZARD BEACH, INC, is a for profit corporation with its principal place of business located at 2209 Cypress Cove Drive, Tavares, FL 32778. Plaintiff, JACK PROTZMAN, is a resident of Lake County, Florida and is otherwise sui juris. The Court has personal jurisdiction over all parties named in this action. The Court has subject matter jurisdiction over all matters raised in this action. COUNT I BREACH OF JOINT VENTURE AGREEMENT Plaintiff sues Defendants and realleges paragraphs 1 through 7 of The Common Factual Allegations above. Plaintiff sues Defendant for breach of joint venture agreement. 10 The elements of a breach of joint venture agreement are first, that a contract was formed; second, that there is a community of interests in the performance of the common purpose; third, that joint control or right of control exists; fourth that a joint proprietary interest in the subject matter exists; fifth, that a right to share in the profits exists; and six, a duty to share in the losses exists. 11 Plaintiff and Defendant formed an oral agreement to purchase a sub-market property with Defendant providing the initial funds for purchase, for Jack Protzman to rehab and renovate the property, and for the parties to rent the property until the market improved, and then to sell the property splitting the sales proceeds 50/50, however, Jack retained the option to purchase the Property for $200,000.00 if the time came that both parties decided to sell the Property. 12 The oral agreement to purchase and rehab the property is evidenced based on the conduct of the parties, to wit: 1) Defendant possessed funds for the intial purchase and was ready willing and able to close, 2) Plaintiffs provided labor and purchased supplies as evidenced in the attached Affidavit and summary pages attached thereto as Exhibit “A”. 13 Plaintiff and Defendant had a mutual interest in the performance of the venture as shown by Jack Protzman’s purchase negotiations, property maintenance, tenant coordination and rent collections, paying for the grounds maintenance, and providing funds to Defendant to pay property taxes on the Property. 14 Defendant and Plaintiff shared joint control and proprietary interest over the venture and shared a right to profits and losses based on the operations of the venture as shown by the purchase, rehab, rental, and now attempted sale of the Defendant. 15 Plaintiff was obligated to retain counsel for the filing of this complaint and to represent Plaintiff in this matter both personally and as President of Buzzard Beach Inc. 16. In the event of a default by Defendant, a reasonable attorney's fees in the amount of $2,500.00 shall be deemed reasonable for the cost of preparing this case for suit. WHEREFORE, Plaintiff demands judgment against Defendant for damages totaling $125,000.88, court costs, pre and post judgment interest, an order directing Defendant(s) to complete a fact and information sheet on an annual basis until the judgment is satisfied, and any other remedies this court deems just and proper, in the alternative, Plaintiff prays for a finding of a constructive trust through an equitable lien. COUNT II UNJUST ENRICHMENT 17. Plaintiffs sue Defendant and reallege paragraphs 1 through 7 of The Common Factual Allegations above. 18 Plaintiff sues Defendant for unjust enrichment. 19 A successful claim for unjust enrichment must include the following elements, first, that the Plaintiff has conferred a benefit on the Defendant, who has knowledge thereof; second, that the Defendant voluntarily accepts and retains the benefit conferred; and third, that the circumstances render the Defendant’s retention of the benefit inequitable unless the Defendant pays to the Plaintiff the value of the benefit. 20. Plaintiff conferred a benefit on the Defendant by providing $88,786.00 in labor in rehabbing the property. 21 Plaintiff conferred a benefit on the Defendant by providing $36,214.88 in supplies and machine rentals used in rehabilitating the property and by making capital upgrades. 22 Defendant is aware or has knowledge of the benefit because when the Property was purchased in the joint venture the house was in extreme disrepair and was mold infested and dilapidated to the point that it nearly needed to be torn down which is when Plaintiffs stepped in and rehabilitated the Property which is now listed for sale at several times the intial purchase price. 23 Defendant voluntarily accepted and retained the benefit conferred, namely Defendant has accepted the home in its present condition and has changed the locks in an attempt to sell the Property. 24 Based on the circumstances it would be inequitable to allow Defendant to retain the benefit of $125,000.88 of Plaintiffs labor and supplies without paying the Plaintiff the fair value thereof. 25. The value of the conferred benefit is $125,000.88. 26 Plaintiff was obligated to retain counsel for the filing of this complaint and to represent Plaintiff in this matter both personally and as President of Buzzard Beach Inc. 27 In the event of a default by Defendant, a reasonable attorney's fees in the amount of $2,500.00 shall be deemed reasonable for the cost of preparing this case for suit. WHEREFORE, Plaintiff demands judgment against Defendant for damages totaling $125,000.88, court costs, pre and post judgment interest, an order directing Defendant(s) to complete a fact and information sheet on an annual basis until the judgment is satisfied, and any other remedies this court deems just and proper, in the alternative, Plaintiff prays for a finding of a constructive trust through an equitable lien. COUNT Ii QUANTUM MERUIT 28. Plaintiff sues Defendant and realleges paragraph 1 through 7 of The Common Factual Allegations above. 29 Plaintiff sues Defendant for Quantum Meruit. 30. In the absence of an express agreement, plaintiff provided a benefit in the form of goods or services accepted by the defendant, under the circumstances a reasonable person would reasonably expect to pay for such benefit, defendant failed to pay for the benefit, and damages resulted. 31 Plaintiff and Defendant did not have a written agreement for the purchase of the Property or for the expenses paid by the Plaintiff, so there is an absence of an express agreement. 32. Plaintiff purchased supplies and equipment and paid expenses on in furtherance of the oral agreement to rehab and rent or sell the Property to the benefit of the Defendant. 33 A reasonable person in the Plaintiff's situation would believe that the upgrades in supplies and labor provided were expended in anticipation of future gain which was to be the future sale of the Property, and that expectation is reasonable. 34 A reasonable person would not fix-up a property without compensation, as Plaintiff did, without the expectation that they would be compensated at a later date. 35 Defendant has not paid Plaintiff back for all the money expended in the rehabilitation nor paid him for the labors Plaintiff performed in the rehab process. 36. Plaintiff was damaged because he expended all the money to rehab only to be locked out of the Property when Defendant had no intention of repaying Plaintiff. 37 Plaintiff sought to coordinate a sale of the Property and to settle up for the outstanding balance owed to him from Defendant as shown in the text messages to Defendant. 38 Defendant, from time to time, requested Plaintiff to give her cash for immediate needs, which was obliged by Plaintiff. Plaintiff provided monies in excess of $10,000.00 not inclusive of funds for taxes, insurance or maintenance, as contained in the attached affidavit found in Exhibit “A”. 39 Plaintiff paid for the rehab, gave cash to Defendant, and gave cash to Defendant for the property taxes all under the reasonable understanding that Plaintiff would be reimbursed later. 40. Plaintiff has been deprived of the value of his labor, the supplies and equipment expenditures for upgrading the Property and for the periodic cash paid to Defendant as well as the property taxes given to Defendant in cash and is therefore damaged. 41 Based on the circumstances, it would be inequitable for Defendant to the benefit of Plaintiffs aforementioned efforts and expenditures without having to repay Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant for damages totaling at least $125,000.88, attorney fees and costs, court costs, pre and post judgment interest and any other remedies this court deems just and proper. Pled In the Alternative, if this court determines there was no joint venture agreement or that the elements of quantum meruit are insufficient. COUNT IV EQUITABLE LIEN 42 Plaintiff sues Defendant and realleges paragraph 1 through 7 of The Common Factual Allegations above, and 17-27 of Count II. 43 Defendant promised to split the profits from the sale of the Property. 44 Plaintiff reasonably and justifiable relied on that promise. 45 Plaintiff was reasonably induced to rehabilitate and serve as landlord of the property in the anticipation of a future payoff for a 50/50 split on the proceeds from the sale of the Property. 46 Plaintiff spent 36,214.88 in supplies and equipment rehabilitating the Property. 47 Plaintiff provided services with a value of $88,786.00. 48 Plaintiff did the aforementioned acts believing Defendant and he would split the proceeds at the closing table after paying off their investment expenditures. 49, Plaintiff reasonably and justifiably relied on those assurances and promises. 50. Plaintiff provided the aforementioned labor and supplies to his detriment. 51 Under the circumstances, it would be equitable to establish a lien against the building located at 12335 US Highway 441, Tavares, FL 32778. WHEREFORE, Plaintiff prays this Honorable Court will establish an equitable lien against 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida in the amount of $125,000.88, costs of suit, prejudgment interest and post judgment interest, and any further relief this Court deems necessary and just. COUNT V FORECLOSURE OF EQUITABLE LIEN 52 Plaintiff sues Defendant and realleges paragraph 1 through 7 of The Common Factual Allegations above, and paragraphs 42-51 of Count IV. 353. Plaintiff holds an equitable lien against assets of 12335 US Highway 441, Tavares, FL 32778 and all personal property located at 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida in the amount of $125,000.88. 354 Plaintiff upgraded the building and Defendant received a benefit by an increase in property value. 55 Plaintiff holds an equitable lien against the real property owned by Defendant located at 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida in the amount of $125,000.88. 56. Defendant defaulted under the terms of the underlying promise of split profits when they failed to make repayment for the money expended and earned by Plaintiff in the amount of $125,000.88. 57. Plaintiffs accelerate the debt described herein. 58. Defendant owes Plaintiff the principle amount of $125,000.88 plus interest plus costs and fees. 59 Plaintiff is the legal part-owner of the 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida. 60 Plaintiff alleges that all other claims are secondary, junior, inferior, and subject to the prior claim of Plaintiff. WHEREFORE, Plaintiff prays this Honorable Court will foreclose that certain equitable lien against 12335 US Highway 441, Tavares, FL 32778, Lake County, Florida in the amount of $125,000.88 owned by SUZANNE RICCIARDI in the amount of $125,000.88, the costs of suit, prejudgment interest, post judgment interest, and any further relief this Court deems necessary and just. ” VERIFICATION STATE OF FLORIDA COUNTY OF VOLUSIA BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared JACK PROTZMAN who after being duly sworn deposes and says that under penalties of perjury: 1. Iam the Plaintiff. 2. Ihave personal knowledge of the facts stated herein. 3 I have read the foregoing, Verified Complaint, and t Le‘Ktag Cz PROTZM. [A eysonally and as ‘resident of Buzzard Beach, Inc. Sworn to or affirmed and signed before me by means of ii physical presence or O online notarization by Sack Cotenon on _Seolembe- 7, Jax 2 Deu. Abe, Une, 2021. DEANN M. ROSER-MARION "NOTARY PUBLIC or DEPUTY CLERK CommissionGG 352750 Expires July22, 2023 Bonded Thru Troy Fala insurance 800-385-7019 * Deca IN. Psa Nico {Print, type or stamp commissioned name Of Notary or Clerk.} Personally known X% Produced Identification Type of identification produced: Wr ACan PETERSON LAW GROUP, PLLC. Stade pls David G. Hamilton, Esq., Florida Bar #1015311 418 Canal Street, New Smyrna Beach, FL 32168 Tel: (386) 428-2464 Fax: (386) 423-9967 E-mail: dhamilton@418canal.com Attorney for the Plaintiffs Exhibit “A” Affidavit of Labor by Jack Protzman Totals for Supplies in Rehab AFFIDAVIT STATE OF FLORIDA COUNTY OF VOLUSIA BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgements, personally appeared JACK PROTZMAN who after being duly sworn deposes and says that under penalties of perjury: 1 I performed a complete rehabilitation of the Property contained in this complaint. 2 I performed extensive labor on the Property. 3 I agreed with Suzanne Ricciardi to enter a joint venture. The terms of which were: a. To purchase and rehab and rent/sell the Property and split the proceeds, though I, Jack retained the option to purchase the property for $200,000.00 when we mutually decided to sell since the property is adjacent another property which I have an ownership interest in. Suzanne was to purchase the Property. Suzanne paid roughly $47,000.00 for the Property. I, Jack gave the seller an additional $5,000.00 in cash to facilitate the deal. I, Jack was to rehab the Property. I, Jack rehabbed the Property for approximately $36,214.88 in supplies and equipment and machinery and materials, a summary and total of which is affixed hereto. I, Jack provided labor the fair market value of which is $88,786. I, Jack acted as landlord and rented the Property to various tenants over the last few years. I, Jack managed the Property by collecting rents from tenants of $900/month, paying or otherwise maintaining the exterior of the property. J I, Jack gave $1,000 in cash each month (from approximately January 2015 to April 2021) to Suzanne, a $100 cash flow deficit. k. I, Jack gave cash to Suzanne for annual property taxes in the amount of $14,770.14 for years 2013-2020. 4. I, Jack gave cash to Suzanne whenever she “needed a little money,” totaling approximately monies in excess of $10,000.00, not inclusive of funds for taxes, insurance, etc. The Joint Venture allowed Suzanne to tap her investment/retirement accounts without penalty. The Property locks were changed, and Suzanne sought to ouster me from the property in the summer of 2021. . 4 Suzanne has listed the property for sale in an effort to deprive me of the fair value of my contribution, and his 50/50 share in the proceeds. I notified Suzanne that her intention to sell the property without distributing my share to me would be fraud in a text message sent 06/30/2021, a copy of which is affixed hereto. 9 I have read the foregoing, Verified Complaint, and the facts stated in it are true. Dated: "7 202 ‘K PROTZMAN, personally and as ‘resident of Buzzay Beach, Inc. Swom to or affirmed and signed before me by means of (if physical presence or O online notarization by “ack Cslemen on 32 ptember ] oWD/ > 2021. . DEANN if, ROSER-MARION | . NOTARY PUBLIC or DEPUTY CLERK - Commission # GG 352759 Expltes July 22, 2023, Theu Troy Fain Insurance 800-385- 7019 Dom (h.bsse--Marien {Print, type or ‘stamp commissioned name Of Notary or Clerk.} Personally known Xx Produced Identification Type of identification produced: LX werd u Cans