IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 1021-00006
VERIMARK HOSPITALITY GROUP INC., a Delaware corporation,
Plaintiff,
v.
COASTAL PALMS FRANCHISE HOLDINGS LLC, a Florida limited liability company; RANDALL BRECKER, individually; and SUNCOAST ROOM MANAGEMENT INC., a Florida corporation,
Defendants.
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SUMMONS
THE STATE OF FLORIDA
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this Summons and a copy of the Complaint in this action on the following Defendant:
COASTAL PALMS FRANCHISE HOLDINGS LLC, a Florida limited liability company, to be served through its registered agent:
Garrison Registered Agents LLC 100 S. Ashley Drive, Suite 600 Tampa, FL 33602
COMMAND TO APPEAR / RESPOND
TO: COASTAL PALMS FRANCHISE HOLDINGS LLC, a Florida limited liability company
YOU ARE HEREBY NOTIFIED that an action has been filed against you in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, and you are required to serve a copy of your written defenses, answer, or other responsive pleading to the Complaint filed in this action on the Plaintiff's attorney, whose name and address are:
Priya Anand, Esq. Calderwood & Harkness LLP 110 SE 6th Street, Suite 2800 Fort Lauderdale, FL 33301
within twenty (20) days after service of this Summons and Complaint upon you, exclusive of the day of service, as required by the Florida Rules of Civil Procedure, Rule 1.140(a)(1), and to file the original of said responsive pleading with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter.
IF YOU FAIL TO SERVE A WRITTEN RESPONSE TO THE COMPLAINT UPON PLAINTIFF'S ATTORNEY WITHIN THE TIME REQUIRED BY LAW, A DEFAULT MAY BE ENTERED AGAINST COASTAL PALMS FRANCHISE HOLDINGS LLC FOR THE RELIEF DEMANDED IN THE COMPLAINT.
DESCRIPTION OF ACTION
This action concerns claims for breach of contract and related causes of action arising from certain Franchise License Agreements entered into between Plaintiff, Verimark Hospitality Group Inc., and Defendant, Coastal Palms Franchise Holdings LLC, pertaining to the operation, management, and licensing of hotel and hospitality properties under the Verimark brand portfolio. The total amount in controversy is approximately $150,000,000.00 (One Hundred Fifty Million Dollars), exclusive of interest, attorneys' fees, and costs. The specific claims, facts, and legal bases for the relief demanded are set forth in full in the Complaint on file with the Clerk of the Circuit Court, Seventeenth Judicial Circuit, Broward County, Florida, to which reference is hereby made for further details.
ISSUANCE INFORMATION
DATE OF ISSUANCE: March 7, 2022
ISSUED BY: Clerk of the Circuit Court, Seventeenth Judicial Circuit, Broward County, Florida
BRENDA D. FORMAN CLERK OF THE CIRCUIT COURT SEVENTEENTH JUDICIAL CIRCUIT BROWARD COUNTY, FLORIDA
By: ________
Deputy Clerk
Date: March 7, 2022
[SEAL OF THE COURT]
RETURN OF SERVICE
This section is to be completed by the process server or sheriff upon completion of service:
Date of Service: ________
Time of Service: ________
Manner of Service: ________ (e.g., personal service on registered agent, substitute service, etc.)
Name of Individual Served: ________
Capacity of Individual Served: ________ (e.g., registered agent for Coastal Palms Franchise Holdings LLC)
Address Where Service Was Effected: ________
________________________________________
Additional Comments or Remarks Regarding Service:
________________________________________
________________________________________
________________________________________
Signature of Process Server / Sheriff
Printed Name: ________
Process Server Identification No.: ________
Date of Return: ________
IMPORTANT NOTICES / STATUTORY WARNINGS
NOTICE TO THE PARTY BEING SERVED: You are advised of the following obligations and provisions under Florida law:
1. Pursuant to Florida Statutes § 48.031, service of process shall be made by delivering a copy of the process and initial pleading to the person to be served, and service is deemed complete upon such delivery.
2. Pursuant to Florida Statutes § 48.091, service of process on a limited liability company may be effected by service upon its registered agent at the registered agent's address as reflected in the records of the Florida Department of State, Division of Corporations. Service upon the registered agent of Coastal Palms Franchise Holdings LLC at the address set forth herein constitutes valid and effective service on said Defendant in accordance with applicable law.
3. The original Summons, together with proof of service, shall be returned to the Clerk of the Circuit Court, Seventeenth Judicial Circuit, Broward County, Florida, promptly upon completion of service. If service is not effectuated, the Summons shall nonetheless be returned to the Clerk with a notation explaining the circumstances of non-service.
4. The party being served is entitled to seek legal counsel regarding the claims asserted in this action. Failure to respond within the time prescribed by law may result in a default and default judgment being entered against the party for the relief demanded in the Complaint.
ADA COMPLIANCE NOTICE: If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator for the Seventeenth Judicial Circuit Court of Florida, Broward County Courthouse, 201 SE 6th Street, Fort Lauderdale, FL 33301, telephone (954) 831-7721, at least seven (7) days before your scheduled court appearance or other court event, or immediately upon receiving a notification of a court event if the time before the scheduled appearance is less than seven (7) days. If you are hearing or voice impaired, please call 711 (Florida Relay Service).
ATTORNEY INFORMATION
Filed by / Prepared by:
Priya Anand, Esq. Florida Bar No. 0087451 Calderwood & Harkness LLP 110 SE 6th Street, Suite 2800 Fort Lauderdale, FL 33301 Telephone: (954) 527-8000 Facsimile: (954) 527-8001
Email: panand@calderwoodharkness.com
Counsel for Plaintiff, Verimark Hospitality Group Inc.