Filing # 187377477 E-Filed 12/05/2023 12:24:11 PM
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` IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
` IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
`DIVISION
` CIVIL
` DISTRICTS
` FAMILY
` OTHER
`
`CASE NUMBER:
`
`JUDGE
`
`CIVIL COVER SHEET
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`PLAINTIFF
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`VS. DEFENDANT
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`CLOCK IN
`
`The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other
`documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting
`uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.)
`AMOUNT OF CLAIM
`Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data
`collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose.
` $8,000 or less
` $8,001 - $30,000
` $30,001 - $50,000
` $50,001 - $75,000
` $75,001 - $100,000
` over $100,000.00
`TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a
`subcategory (is indented under a broader category), place an x on both the main category and subcategory lines.
` CIRCUIT CIVIL
`
` Condominium
` Contracts and indebtedness
` Eminent domain
` Auto negligence
` Negligence - other
` Business governance
` Business torts
`
` Environmental/Toxic Tort
` Third party indemnification
` Construction defect
` Mass tort
` Negligent security
` Nursing home negligence
` Premises liability - commercial
` Premises liability - residential
` Products liability
` Real property/Mortgage foreclosure
` Commercial foreclosure
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` Homestead residential foreclosure
` Non-homestead residential foreclosure
` Other real property actions
` Professional malpractice
` Malpractice - business
` Malpractice - medical
` Malpractice - other professional
`CLK/CT. 096 Rev. 04/23
`
`  Other
` Antitrust/Trade regulation
` Business transactions
` Constitution challenge-statute or ordinance
` Constitution challenge-proposed amendment
` Corporate trust
` Discrimination-employment or other
` Insurance claims
` Intellectual property
` Libel/Slander
` Shareholder derivative action
` Securities litigation
` Trade secrets
` Trust litigation
`
` COUNTY CIVIL
` Civil
` Real property/Mortgage foreclosure
` Replevins
` Evictions
` Residential Evictions
` Non-residential Evictions
` Other civil (non-monetary)
`
` Clerk’s web address: www.miamidadeclerk.gov
`
`Brian Dickens, Endeavor Development
`International Limited, & Built By Brian,
`Inc.
`
`Schumacher Homes Operations, Inc.
`
`

`

` COMPLEX BUSINESS COURT
`
`REMEDIES SOUGHT (check all that apply):
` Monetary;
` Non-monetary declaratory or injunctive relief;
` Punitive
`
`NUMBER OF CAUSES OF ACTION: [
`(specify)
`
` ]
`
`IS THIS CASE A CLASS ACTION LAWSUIT?
` Yes
` No
`
`HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
` No
` Yes If “Yes”, list all related cases by name, case number, and court.
`
`IS JURY TRIAL DEMANDED IN COMPLAINT?
` Yes
` No
`
`I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and
`that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425.
`
`Signature
`
` Attorney or party
`
`Florida Bar #
`
` (Bar #, if attorney)
`
`(type or print name)
`
` Date
`
`CLK/CT. 096 Rev. 04/23
`
` Clerk’s web address: www.miamidadeclerk.gov
`
`12/4/2023
`
`8
`
`Breach of Contract; Fraud in the Inducement; Common Law Fraud; Florida Deceptive and Unfair
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`Trade Practices Act; Unjust Enrichment; Civil Theft; Conversion; Replevin
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`1031572
`
`Daniel Gabuardi
`
`McArthur VanOsdale v. Brian Dickens, Built By Brian, Inc., EMCH - Eco Modern Custom Homes LLC, Case No.
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`2022-018718-CA-01, 11th Judicial Circuit; CMJG Baker LLC v. Brian Dickens, Built By Brian, Inc., EMCH - Eco
`
`Modern Custom Homes LLC, Case No. 2022-018464-CA-01, 11th Judicial Circuit
`
`

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`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET
`
`Plaintiff must file this cover sheet with the first document filed in the action or proceeding (except small claims cases,
`probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law
`Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil
`case other than those excepted above may result in sanctions.
`I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original
`complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of
`plaintiff(s) and defendant(s).
`II. Amount of Claim. Enter the estimated amount of the claim, rounded to the nearest dollar. The estimated amount
`of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not
`be used for any other purpose.
`III.
`Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most
`definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the
`category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form.
`
`Circuit Civil
`(A) Condominium - all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is
`a party.
`(B) Contracts and indebtedness - all contract actions relating to promissory notes and other debts, including those
`arising from sale of goods, but excluding contract disputes involving condominium associations.
`(C) Eminent domain - all matters relating to the taking of private property for public use, including inverse
`condemnation by state agencies, political subdivisions, or public service corporations.
`(D) Auto negligence - all matter arising out of a party’s allegedly negligent operation of a motor vehicle.
`(E) Negligence-other - all actions sounding in negligence, including statutory claims for relief on account of death or
`injury, that are not included in other main categories.
`(F) Business governance - all matters relating to the management, administration, or control of a company.
`(G) Business torts - all matters relating to liability for economic loss allegedly caused by interference with economic or
`business relationships.
`(H) Environmental/Toxic tort - all matters relating to claims that violations of environmental regulatory provisions or
`exposure to a chemical caused injury or disease.
`(I) Third party indemnification - all matters relating to liability transferred to a third party in a financial relationship.
`(J) Construction defect - all civil lawsuits in which damage or injury was allegedly caused by defects in the
`construction of a structure.
`(K) Mass tort - all matters relating to a civil action involving numerous plaintiffs against one or more defendants.
`(L) Negligent security - all matters involving injury to a person or property allegedly resulting from insufficient security.
`(M) Nursing home negligence - all matters involving injury to a nursing home resident resulting from negligence of
`nursing home staff or facilities.
`(N) Premises liability-commercial - all matters involving injury to a person or property allegedly resulting from a defect
`on the premises of a commercial property.
`(O) Premises liability-residential - all matters involving injury to a person or property allegedly resulting from a defect
`on the premises of a residential property.
`(P) Products liability - all matters involving injury to a person or property allegedly resulting from the manufacture or
`sale of a defective product or from a failure to warn.
`(Q) Real property/Mortgage foreclosure - all matters relating to the possession, title, or boundaries of real property. All
`matters involving foreclosures or sales of real property, including foreclosures associated with condominium
`associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee
`pursuant to section 28.241, Florida Statutes.)
`(R) Commercial foreclosure - all matters relating to the termination of a business owner’s interest in commercial
`property by a lender to gain title or force a sale to satisfy the unpaid dept secured by the property.
`(S) Homestead residential foreclosure - all matters relating to the termination of a residential property owner’s interest
`by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been
`granted a homestead exemption.
`
`CLK/CT. 096 Rev. 04/23
`
` Clerk’s web address: www.miamidadeclerk.gov
`
`

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`(T) Non-homestead residential foreclosure - all matters relating to the termination of a residential property owner’s
`interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property
`has not been granted a homestead exemption.
`(U) Other real property actions - all matters relating to land, land improvements, or property rights not involving
`commercial or residential foreclosure.
`(V) Professional malpractice - all professional malpractice lawsuits.
`(W) Malpractice-business - all matters relating to a business’s or business person’s failure to exercise the degree of
`care and skill that someone in the same line of work would use under similar circumstances.
`(X) Malpractice-medical - all matters relating to a doctor’s failure to exercise the degree of care and skill that a
`physician or surgeon of the same medical specialty would use under similar circumstances.
`(Y) Malpractice-other professional - all matters relating to negligence of those other than medical or business
`professionals.
`(Z) Other - all civil matters not included in other categories.
`(AA) Antitrust/Trade regulation - all matters relating to unfair methods of competition or unfair or deceptive business
`acts or practices.
`(AB) Business transactions - all matters relating to actions that affect financial or economic interests.
`(AC) Constitutional challenge-statute or ordinance - a challenge to a statute or ordinance, citing a violation of the
`Florida Constitution.
`(AD) Constitutional challenge-proposed amendment - a challenge to a legislatively initiated proposed constitutional
`amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida
`Supreme Court has directed jurisdiction of such challenges.
`(AE) Corporate trust - all matters relating to the business activities of financial services companies or banks acting in a
`fiduciary capacity for investors.
`(AF) Discrimination-employment or other - all matters relating to discrimination, including employment, sex, race, age,
`handicap, harassment, retaliation, or wages.
`(AG) Insurance claims - all matters relating to claims filed with an insurance company.
`(AH) Intellectual property - all matters relating to intangible rights protecting commercially valuable products of the
`human intellect.
`(AI) Libel/Slander - all matters relating to written, visual, oral, or aural defamation of character.
`(AJ) Shareholder derivative action - all matters relating to actions by a corporation’s shareholders to protect and
`benefit all shareholders against corporate management for improper management.
`(AK) Securities litigation - all matters relating to the financial interest or instruments of a company or corporation.
`(AL) Trade secrets - all matters relating to a formula, process, device, or other business information that is kept
`confidential to maintain an advantage over competitors.
`(AM) Trust litigation - all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate
`proceedings.
`County Civil
`(AN) Civil – all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest, costs,
`and attorney fees.
`(AO) Real property/Mortgage foreclosure-all matters involving claims up to $30,000 relating to the possession, title, or
`boundaries of real property. All matters involving foreclosures or sales of real property up to $30,000, including
`associated with condominium associations or condominium units.
`(AP) Replevins—all lawsuits pursuant to Chapter 78. Florida Statutes, involving claims up to $30,000.
`(AQ) Evictions-all matters involving the recovery of possession of leased land or rental property by process of law.
`(AR) Other civil (non-monetary county civil matters that were not described in other county civil categories.
`____________________________________________________________________________________________
`
`IV. Remedies Sought. Place an “X” in the appropriate box. If more than one remedy is sought in the complaint or
`petition, check all that apply.
`V. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number
`and the name of the cause of action.
`VI. Class Action. Place an “X” in the appropriate box.
`VII. Related Cases. Places an “X” in the appropriate box.
`VIII. Is Jury Trial Demanded In Complaint? Check the appropriate box to indicate whether a jury trial is being
`demanded in the complaint.
`
`ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil
`cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is
`a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied
`with the requirements of Florida Rule of Judicial Administration 2.425.
`
`CLK/CT. 096 Rev. 04/23
`
` Clerk’s web address: www.miamidadeclerk.gov
`
`