Alex Rodriguez Complaint
Alex Rodriguez Complaint
Alex Rodriguez Complaint
CONSTANTINE SCURTIS,
Plaintiff,
v.
6th AVENUE BUILDINGS, LTD,
a Florida for Profit Limited Partnership,
455 BUILDING LTD., a Florida for
Profit Limited Partnership, 750 BAYFRONT LTD.,
a Florida for Profit Limited Partnership,
500 NE 24TH STREET, LTD., a Florida for Profit
Limited Partnership, 2328 NE 6 AVE., LTD.,
a Florida for Profit Limited Partnership,
and ALEXANDER E. RODRIGUEZ, individually
Defendants.
_______________________________________/
COMPLAINT
Plaintiff, CONSTANTINE SCURTIS, by and through his undersigned counsel, files this
complaint against and sues 6th AVENUE BUILDINGS, LTD, a Florida for Profit Limited
Partnership; 455 BUILDING LTD., a Florida for Profit Limited Partnership, 750 BAYFRONT
LTD., a Florida for Profit Limited Partnership, 500 NE 24TH STREET, LTD., a Florida for Profit
Limited Partnership, 2328 NE 6 AVE., LTD., a Florida for Profit Limited Partnership,
ALEXANDER E. RODRIGUEZ, for good cause states:
JURISDICTION AND IDENTIFICATION OF PARTIES
LAW OFFICE OF VINCENT J. DUFFY
and
CASE NO:
1.
This is an action for damages exceeding the jurisdictional limits of this Court, to
principal place of business in Miami Dade County, at 107 Sarto Avenue, Coral Gables,
Florida 33134 (hereinafter 6TH AVENUE BUILDINGS, LTD).
4.
455 BUILDING LTD., is a Florida Limited Partnership with its principal place of
business in Miami Dade County, at 107 Sarto Avenue, Coral Gables, Florida 33134
(hereinafter 455 BUILDING, LTD)
5.
750 BAYFRONT, LTD., is a Florida Limited Partnership with its principal place
of business in Miami Dade County, at 107 Sarto Avenue, Coral Gables, Florida 33134
(hereinafter 750 BAYFRONT LTD).
6.
500 NE 24TH STREET, LTD is a Florida Limited Partnership with its principal
place of business in Miami Dade County, at 107 Sarto Avenue, Coral Gables, Florida
33134 (hereinafter 500 NE 24TH STREET, LTD).
7. 2328 NE 6th Ave., LTD. is a Florida Limited Partnership with its principal place of
business in Miami Dade County, at 107 Sarto Avenue, Coral Gables, Florida 33134
(hereinafter 2328 NE 6th Ave., LTD.).
8.
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CASE NO:
9.
Jurisdiction is proper in the State Florida and in Miami-Dade County, Florida for
b.
c.
10.
Venue is proper in Miami-Dade County, Florida for the above reasons and
because this cause of action accrued or otherwise arose in Miami-Dade County, Florida
and the subject contracts were to be performed by the parties in Miami-Dade County,
Florida.
11.
All conditions precedent to the bringing of this action have been performed, have
Sometime prior to March 18, 2003, SCURTIS and RODRIGUEZ agreed to enter
ACREI, LLC., a Florida Limited Liability Company with its principal place of business
at 107 Sarto Avenue, Coral Gables, Florida 33134. (Exhibit 1 Attached) SCURTIS was
the sole owner and officer of ACRE, L.L.C., and remains so to this day.
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CASE NO:
14.
Sometime after March 18, 2003, SCURTIS went about acquiring adjoining and/
Each property that was purchased was done so pursuant to a Limited Partnership
b.
c.
d.
e.
f.
g.
ACREI, LLC. (who SCURTIS was sole manager and sole owner of)
would be entitled to .0100% of net profits.
COUNT I
BREACH OF CONTRACT
6TH AVE BUILDINGS, LTD.
16.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
17.
CASE NO:
18.
Defendant, 6th AVENUE BUILDINGS, LTD., has breached the written contract
by selling the properties without authority, without notifying SCURTIS, and without
compensating SCURTIS. The list of properties whose sale breached the contract between
Plaintiff and 6th AVENUE BUILDINGS, LTD., are as follows:
19.
a.
b.
c.
d.
COUNT II
BREACH OF CONTRACT
455 BUILDING, LTD.
20.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
21.
provided by to 455 BUILDING, LTD., as contracted for in the written contract. ( See
Exhibit 1 and 2 Attached.)
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CASE NO:
22.
Defendant, 455 BUILDING, LTD., has breached the written contract by selling
the property without authority, without notifying SCURTIS, and without compensating
SCURTIS.
23.
WHEREFORE Plaintiff, SCURTIS, sues Defendant 455 BUILDING, LTD. for damages
far in excess of Fifteen Thousand ($15,000.00) Dollars, plus Court costs and demands trial by
jury of all issues so triable as of right by jury.
COUNT III
BREACH OF CONTRACT
750 BAYFRONT, LTD.
24.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
25.
provided by to 750 BAYFRONT, LTD., as contracted for in the written contract. (Exhibit
5 Attached)
26.
Defendant, 750 BAYFRONT, LTD., has breached the written contract by selling
the property without authority, without notifying SCURTIS, and without compensating
SCURTIS.
27.
The list of properties whose sale breached the contract between Plaintiff and 750
CASE NO:
28.
a.
b.
WHEREFORE Plaintiff, SCURTIS, sues Defendant 750 BAYFRONT, LTD. for damages
far in excess of Fifteen Thousand ($15,000.00) Dollars, plus Court costs and demands trial by
jury of all issues so triable as of right by jury.
COUNT IV
BREACH OF CONTRACT
500 NE 24TH STREET, LTD
29.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
30.
provided by to 500 NE 24TH STREET, LTD., as contracted for in the written contract. (Exhibit 6
Attached)
31.
Defendant 500 NE 24TH STREET, LTD., has breached the written contract by
selling the properties without authority, without notifying SCURTIS, and without compensating
SCURTIS.
32.
The list of properties whose sale breached the contract between Plaintiff and 500
b.
c.
CASE NO:
33.
d.
e.
f.
g.
h.
i.
WHEREFORE Plaintiff, SCURTIS, sues Defendant 500 NE 24TH STREET, LTD. for
damages far in excess of Fifteen Thousand ($15,000.00) Dollars, plus Court costs and demands
trial by jury of all issues so triable as of right by jury.
COUNT V
2328 NE 6 AVE, LTD.
34.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
35.
provided by to 2328 NE 6 AVE., LTD., as contracted for in the written contract. (Exhibit
7 Attached)
36.
Defendant 2328 NE 6 AVE, LTD., has breached the written contract by selling
the property without authority, without notifying SCURTIS, and without compensating
SCURTIS.
37.
CASE NO:
WHEREFORE Plaintiff, SCURTIS, sues Defendant 2328 NE 6TH AVE., LTD. for
damages far in excess of Fifteen Thousand ($15,000.00) Dollars, plus Court costs and demands
trial by jury of all issues so triable as of right by jury.
COUNT VI
BREACH OF CONTRACT
RODRIGUEZ
38.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
39.
COUNT VII
IMPROER CONVEYANCE
ALL DEFENDANTS
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CASE NO:
42.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
43.
At all times material hereto, Defendant RODRIGUEZ, and his agents knew of
properties in direct violation of the contract between RODRIGUEZ and SCURTIS and
failed to notify and compensate SCURITS.
45.
The properties that were sold in direct violation of the contract between
DAMAGES
47.
The Plaintiff readopts and re-alleges all prior paragraphs and further states:
48.
CASE NO:
a.
49.
b.
The loss of the right to sell the property in the future; and
c.
The breach of the respective contracts by the Defendants were the actual and
b.
SCURTIS has been damaged in the amount of 5% of the profits from each
and every sale of the properties contemplated by this complaint, plus interest;
c.
SCURITS has been damaged by having the right to sell the properties in
the future or develop the properties in the future taken from him by Defendants
unauthorized sale;
d.
void and each and every property contemplated by this complaint shall be
returned to ACREI, L.L.C., and each partnership that owned the remaining
interest in the property;
e.
f.
Any such other relief that this court may deem just and equitable.
CASE NO:
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