-
-
Loading
Loading
COMPLAINT
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY,
FLORIDA
Case No.: 22-CA-318
Division: CIVIL ACTION
MARC MORGAN
Plaintiff, vs.
AMBER MORGAN
Defendant
PARTIES
1. Plaintiff, MARC MORGAN, resides in Collier County, Florida.
2. Defendant, AMBER MORGAN, resides in Collier County, Florida.
JURISDICTIONAL STATEMENT
3. As provided by Section 86.011 of the Florida Statutes, this court has subject matter jurisdiction over this action because it is an action for declaratory relief, and the matter in controversy is within the jurisdictional limits of this court.
VENUE
4. Venue in Collier County, Florida is proper in this action under Section 47.011 of the Florida Statutes because both parties reside in Collier County giving rise to this action occurred in this county.
FACTS
5. Plaintiff is in doubt about his rights under a written instrument, and requests to obtain a declaration of rights, status, or other equitable or legal relations under such instrument.
6. This is an action for Declaratory Relief involving property of value greater than $30,000.
7. The Parties obtained a Final Judgement of Dissolution of Marriage on April 9, 2021, through Case No. 20-DR-1637, Collier County, Florida. A copy is attached hereto as Exhibit A.
8. The Court lacked jurisdiction to address Equitable Distribution and Alimony because the Defendant was constructively served.
9. The parties jointly hold title to the “Marital Residence” located at 5459 Useppa Dr, Ave Maria, Florida. A copy of the deed is attached hereto as Exhibit B. The legal description of the subject property is as follows:
Lot 129, Conquina at Maple Ridge, Phase 2 and 3, according to the map or plat thereof as recorded in Plat Book 61, Page 31, Public Records of Collier County, Florida.
Parcel Identification Number: 27725005444
DECLARATORY RELIEF REQUESTED
10. Plaintiff therefore requests that declaratory judgment be entered as follows:
a. The Marital Residence was purchased exclusively from the Plaintiff's non-marital assets and was titled in the Defendant's name solely for rights survivorship. The parties verbally discussed the same at the time the parties took title, and at no time did the Plaintiff intend to make a gift to the Defendant of any interest in the property.
b. The Plaintiff should be awarded the marital residence equal to purchase money paid from non-marital sources.
WHEREFORE, Plaintiff, MARC MORGAN, requests that Defendant, AMBER MORGAN, be cited to appear and answer herein, that on final trial hereof declaratory judgment be granted as requested herein and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and that the Court grant such other and further relief that may be awarded at law or in equity.
/s/ Marc-Anthony H. Morgan
STATE OF FLORIDA
COUNTY OF COLLIER
PERSONALLY APPEARED before me in the state and county above, Marc-Anthony H. Morgan, who has identified herself with a Florida Driver's License, who after being duly sworn and deposed, said that he has read the foregoing Petition for Dissolution of Marriage, and that the matters stated therein are true to the best of his knowledge and belief.
WITNESS MY HAND and official seal this 17th day of August, 2021.
NOTARY PUBLIC
STATE OF FLORIDA
MARIA ARAGUS
Notary Public - State of Florida
Commission # GG 274703
My Comm. Expires Jan 11, 2023
Bonded through National Notary Assn.
/s/ Jason K. Castro, Esq.
Jason K. Castro, Esq.
Attorney for Plaintiff
Golden Gate Legal Center
11725 Collier Blvd., Suite F
Naples, Florida 34116
(239) 353-1800
Florida Bar No. 118604
Primary:
[email protected]
E-Service:
[email protected]
Mar. 25; Apr. 1, 8, 15, 2022 22-00675C