-n fn THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCtW:rg; fn AND FOR PALM BEACH COUNTY, FLORIDA. ) ) Plaintiff, ) ) -vs- ) )

Size: px

Start display at page:

Download "-n fn THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCtW:rg; fn AND FOR PALM BEACH COUNTY, FLORIDA. ) ) Plaintiff, ) ) -vs- ) )"

Raymond Curtis
5 years ago
Views:

1 n.,1urn w: 1enc1ose sen-aooresseo stamped envelope Name: Address: n CFN OR BK PG 0783 RECORDED 10/25/ :23:14 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs ; <6pgs> -Ov >- > ("" :I: :;:::; ;oo:j~ ("" rrl c>:::o -n fn THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCtW:rg; fn AND FOR PALM BEACH COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, ST A TE OF FLORJDA, Plaintiff, -vs- THE BULLDOG EXCHANGE, LLC, a State of Florida Dissolved Limited Liability Corporation, and EV AN M. QUINT A VELLA, Individually, and as Manager, Owner, Officer and/or Director of THE BULLDOG EXCHANGE, LLC, Defendants. ~~~~~~~~~~~~~~~~~~~~ FINAL SUMMARY JUDGMENT <g~ r. :z:n '-''_,~ :<(-,..., ::0 r~:: CASE NO l-ca XXXX-MB-AA,.._, c::;:> '. ~ 0 ("" -I r--.&:'" ~ -0 :s:.. U1 c::> c.,. 0 rr-r;! l I F1NAL DISPOSITION FORM (F/a.R.Civ.P. Form THE CLERK IS DIRECTED TO CLOSE THIS fll[ MEANS OF FINAL DISPOSITION D Dismissed Before Hearing CB1lismissed After Hearing 0 Dismissed by Default 0 Disposed by Judge THIS CAUSE came before the Court on October 14, 2011, upon the Plaintiff's Motion for Summary Judgment re: Damages and for Entry of Final Judgment Re: Damages and Permanent Injunction against the Defendants, The Bulldog Exchange, LLC and Evan M Quintavella (Motion. The Plaintiff, the OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STA TE OF FLORIDA ("ATTORNEY GENERAL" and/or "Plaintiff' was present. All named Defendants, that is, THE BULLDOG EXCHANGE, LLC and EV AN QUINTA VELLA, Individually, and as Manager, Owner, Officer and/or Director of THE 0 Disposed by Non-Jury Trial D Disposed ll'j Jury Trial 0-0ther BULLDOG EXCHANGE, LLC: 1 failed to appear at the hearing; 2 failed to request an extension of time with respect to the hearing; and 3 failed to file any affidavits or documents in

2 Office of the Attorney General. Department of Legal Affairs v. The Bulldog Exchan2e. LLC.. et.al. Case No l-ca :xxxx-mb-aa Page 2 of6 The Court having considered the argument of counsel; having reviewed all relevant and admissible pleadings, affidavits and/or other documents; and having been otherwise fully advised in the premises thereof, makes the following findings: 1. On April 13, 2011, a Complaint for Injunctive Relief Civil Penalties and Other Statutory Relief was filed against the Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QUINTA VELLA, Individually, and as Manager, Owner, Officer, and/or Director of THE BULLDOG EXCHANGE, LLC. 2. On June 16, 2011, the Clerk of the Court entered a Default against both THE BULLDOG EXCHANGE, LLC and EV AN M. QUINTA VELLA, Individually, and as Manager, Owner, Officer and/or Director of THE BULLDOG EXCHANGE, LLC for the failure of each named Defendant to Answer or to otherwise respond to the Complaint for Injunctive Relief, Civil Penalties and Other Statut01y Relief which had been filed against the Defendants. 3. Neither the Defendant, THE BULLDOG EXCHANGE, LLC, nor the Defendant, EV AN M. QUINTA VELLA, Individually, and as Manager, Owner, Officer and/or Director of THE BULLDOG EXCHANGE, LLC., ever contacted the Court requesting additional time within which to either: 1 file an Answer or otherwise respond to the Complaint for Injunctive Relief Civil Penalties and Other Statutory Relief filed against the named Defendants; or 2 contest the entry of the Default entered against each Defendant. 4. As the result of the Clerk's entry of a Default against each named Defendant, the issue of liability has been adjudicated and established as to both the Defendant, THE BULLDOG EXCHANGE, LLC, and the Defendant, EV AN M. QUINT A VELLA, Individually, and as Manager, Owner, Officer and/or Director of THE BULLDOG CFN BOOK PAGE 890, 2 OF 6

3 Office of the Attorney General. Department of Legal Affairs v. The Bulldog Exchange. LLC.. et.al. Case No CA XXXX-MB-AA Page 3 of6 EXCHANGE, LLC. Specifically, all facts set forth within the Complaint for Injunctive Relief Civil Penalties and Other Statutory Relief, together with all reasonable inferences therefrom, are conclusively established as to liability for each named Defendant. See Rule l.l lo(e, Fla. R. Civ. P.; See also Board of Regents v. Stinson-Head, Inc., 504 So. 2d 1374 (fla.4 1 h DCA With respect to the issue of damages, on July 21, 2011, the ATTORNEY GENERAL filed the Plaintiff's Requests for Admissions Regarding Damages to Defendant, THE BULLDOG EXCHANGE, LLC and the Plaintiff's Requests for Admissions Regarding Damages to Defendant, EVAN M QUJNTAVELLA. 6. It is uncontroverted that no named Defendant to this action, that is, neither THE BULLDOG EXCHANGE, LLC and EVAN M. QUINTA VELLA, has ever: 1 filed a response to the Plaintiffs Requests for Admissions Regarding Damages directed to each Defendant; 2 objected to the Plaintiffs Requests for Admissions Regarding Damages directed to each Defendant; or 3 asked the Court for additional time within which to respond to Plaintiffs Requests for Admissions Regarding Damages directed to each Defendant. 7. As the result of each Defendants' failure to respond to the Plaintiffs Requests for Admissions Regarding Damages; failure to request additional time within which to respond to the Requests for Admissions; failure to object to the Requests for Admissions; and failure to inject their version of the facts into the record by any means, each requested admission therein is deemed admitted, and the related subject matters are deemed conclusively established pursuant to Rule (b of the Florida Rules of Civil Procedure. See Miles v. Robinson, 803 So. 2d 864 (Fla. 4th DCA 2002( where facts deemed admitted stood unchallenged, the trial court properly CFN BOOK24904 PAGEB91, 30F 6

4 Office of the Attomev General. Department of Leeal Affairs v. The Bulldog Exchanee. LLC.. er.al. Case No l-ca xxxx-mb-aa Page 4 of6 entered summary final judgment based upon a one-sided record. 8. Therefore, all material issues of fact regarding damages are resolved in favor of the Plaintiff, the A ITOR.i""\JEY GENERAL. See Fink v. Powsner, 108 So. 2d 324 (Fla. 3rd DCA See also Morgan v. Thompson, 427 So. 2d 1134 (Fla. 5th DCA IT IS NOW HEREBY ORDERED and ADJUDGED, that: l. The Plaintiff's Motion for Summary Judgment re: Damages and for Entry of Final Judgment Re: Damages and Permanent Injunction against the Defendants, The Bulldog Exchange, LLC and Evan M. Quin/ave/la, is GRANTED. Summary Final Judgment is hereby entered against the Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QUINTA VELLA, Individually, and as Manager, Ovmer, Officer and/or Director of THE BULLDOG EXCHANGE, LLC. 2. The Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QUINT A VELLA, and their owners, officers, presidents, directors, managers, agents, servants, employees and those persons in active concert or participation with them who receive actual notice of the Court's Orders, are hereby ENJOINED from engaging in any activity within the State of Florida, or from outside the State of Florida, but involving Florida businesses or Florida residents, which relates in any way to the sale of any domestic or farm animal, including, but not limited to, premium English, French and Miniature Bulldog dogs and puppies; 3. The Plaintiffs, THE OFFICE OF THE ATTTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, shall recover from the Defendants, THE BULLDOG EXCHANGE, LLC and EVAN M. QUINTA VELLA, jointly and severally, the sum of FIFTY-NINE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($59, in United States Currency which represents the restitution owed CFN SOOK PAGE 892, 4 OF 6

5 Office of the Attorney General, Department of Legal Affairs v. The Bulldog Exchange, LLC.. et.al. Case No CA XXXX-MB-AA Page 5 of6 to consumers who were deceived in connection with the sale of premiwn English, French and Miniature Bulldog dogs and puppies by the Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QlJINT A VELLA; 4. Civil penalties are assessed against the Defendants, THE BULLDOG EXCHANGE, LLC and EVAN M. QUINTAVELLA, in the amount of Ten Thousand Dollars ($10,000 for each violation of Chapter 501, Part II, pursuant to Section , Fla. Stat., and the Plaintiff, THE OFFICE OF THE A TITORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, shall recover from the Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QUINTA VELLA, jointly and severally, the sum of TWO HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS ($230, in United States Currency; 5. Civil Penalties are assessed against the Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QUINTA VELLA, in the amount of Fifteen Thousand Dollars ($15,000 for each violation in which a senior citizen was victimized, in accordance with Section , Fla. Stat, and The Plaintiff, THE OFFICE OF THE ATTTOR.i'\JEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORJDA, shalf recover from the Defendants, THE BULLDOG EXCHANGE, LLC and EV AN M. QUINTA VELLA, jointly and severally, the sum of FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15, in United States Currency. 6. The Plaintiffs, THE OFFICE OF THE ATTTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, shall recover from the Defendants, THE BULLDOG EXCHANGE, LLC and EV ~N M. QUINTA VELLA, jointly and severally, the sum CFN BOOK PAGE 893, 5 OF 6

6 Office of the Attomev General. Department of Legal Affairs v. The Bulldog Exchange. LLC.. et.al. Case No l-ca xxxx-mb-aa Page 6 of6 of FORTY-NINE THOUSAND EIGHTY-NINE DOLLARS AND EIGHTY-ONE CENTS ($49, in United States Currency, pursuant to Sections and , Fla. Stat, which represents reasonable attorneys' fees and costs incurred by the A TTONEY GENERAL in this matter. 7. The Court shall retain jurisdiction to enter any further Orders that it deems proper to enforce the terms of this Final Summary Judgment. DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida this /<t/--day of October, THE HONORABLE GLENN KELLEY PALM BEACH COUNTY CIRCUIT JUDGE Copies furnished to: THE BULLDOG EXCHANGE, LLC. c/o EV AN M. QUINT A VELLA, As Manager, Owner, Officer and/or Director of THE BULLDOG EXCHA.1"\JGE, LLC 4880 SAND DUNE CIRCLE, APT. 201 WEST PALM BEACH, FL EV AN M. QUINT AVELLA, As Manager, Owner, Officer and/or Director of THE BULLDOG EXCHANGE, LLC 4880 SAND DUNE CIRCLE, APT. 201 WEST PALM BEACH, FL EV AN M. QUINT A VELLA, Individually 4880 SAND DUNE CIRCLE, APT. 201 WEST PALM BEACH, FL CAROLE.A. DeGraffenreidt Assistant Attorney General 15 l 5 North Flagler Drive, 9 h Floor West Palm Beach, FL Attorney for Plaintiff

7 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, -vs- Plaintiff, THE BULLDOG EXCHANGE, LLC a State of Florida Dissolved Limited Liability Corporation, EVAN M. QUINTA VELLA, Individually, and as Manager, Owner Officer and/or Director of THE BULLDOG, EXCHANGE, LLC, CASE NO CA XXXX MB AF CFN OR BK PG 0789 RECORDED 10/25/ :23:14 Defendants. Palm Beach County, Florida Sharon R. Bock,CLERK & COKPTROLLER Pg 0789; C lpg AFFIDAVIT OF CAROLE.A. DeGRAFFENREIDT I, Carol E.A. DeGraffenreidt, being duly sworn, do state as follows: 1. I am an Assistant Attorney General employed by the Office of the Attorney General, State of Florida and assigned to the Economic Crimes Division. 2. The undersigned affiant says that the Office of the Attorney General, Department of Legal Affairs, State of Florida is the holder of a judgment in the above-styled action and that its address is 1515 N. Flagler Drive, Suite 900, West Palm Beach, F a Under penalties of perjury, I dee the facts stated in it are true. STATE OF FLORIDA COUNTY OF PALM BEACH SWORN TO AND SUBSCRIBED BEFORE ME thi0 ~ My commission expires: (Print, type or stamp commissioned name of Notary Public Personally known V or Produced identification Type of identification produced:_ Page 1of1

IN THE CIRCUIT COURT OF TilE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ) ) ) ) ) Plaintiff,

n~lviii LU. \tl'lllfiui!iv ~UII-i;t\IUI~:,~ ~UUIIJIU'U ei1yiiif0p81 Nama: Address: IN THE CIRCUIT COURT OF TilE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA OFFICE OF THE ATIORNEY GENERAL,