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COMPLAINT
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
COUNTY CIVIL
CASE NO.: 24-002072-CO
JOHANNA A. DELWICHE,
Plaintiff, vs.
JANICE M. ALBERT,
Defendant.
COMES NOW, the Plaintiff, JOHANNA A. DELWICHE., by and through her undersigned attorney, and files this Complaint against the Defendant, JANICE M. ALBERT, individually, and as grounds states the following:
1. This is an action for damages that does not exceed $30,000.00, this is the jurisdictional amount of this court.
2. Plaintiff, JOHANNA A. DELWICHE (hereinafter “Plaintiff”) is an individual in Pinellas County, Florida.
3. Defendant JANICE M. ALBERT is domiciled in Polk County, Florida.
4. Venue is selected on the basis of the agreement between the parties, and the venue of the home at issue in the case.
5. This court has jurisdiction over the parties.
6. The Defendant entered into an agreement to swap mobile homes. The plaintiff was going to give the mobile home located at 435 16th Ave SE, Lot 638 to the defendant, and the defendant was going to give the plaintiff the mobile home located at 2600 Harden Blvd., #284, Lakeland Florida 33803. (Double Wide Mobile Home Title Numbers 127128550 and 127128591, Manufacture HMMT, 2016).
7. Attached hereto is a bill of sale. Exhibit “A.”
8. The parties agreed to move out of their respective mobile homes. Plaintiff actually began improvements to the mobile home in Lakeland, believing herself to be the rightful owner per the contract and bill of sale.
9. Plaintiff, in reliance upon this agreement, began making improvements to the mobile home, in the amount of approximately $28,000.
10. Defendant subsequently changed her mind, when she saw how nice the improvements came out, and moved back into the mobile home.
11. Plaintiff seeks possession and declaration of her ownership of the mobile home, and/or reimbursement of the monies spent on improvements.
COUNT I - BREACH OF CONTRACT
12. Plaintiff repeats and realleges paragraphs 1-11 as if more fully set forth herein.
13. The Defendant breached the contract to swap mobile homes, and the plaintiff made improvements to the mobile home.
14. Plaintiff seeks to be reimbursed for the improvements to the mobile home.
COUNT II - UNJUST ENRICHMENT
15. Plaintiff repeats and realleges paragraphs 1-14, as if more fully set forth herein.
16. The plaintiff conferred upon the defendant, by fixing up the mobile home with substantial improvements.
17. The value of these improvements amounts to $28,000, was received by the defendant.
18. The defendant accepted the benefit of these improvements.
19. Under the circumstances, it would be inequitable for the defendant to retain the benefit without paying the value thereof.
WHEREFORE, Plaintiff demands judgment against the Defendant, including legal fees and costs from the Defendant, as well as any other and further relief that this Court may deem just and proper.
Dated: March 7, 2024.
Respectfully submitted by,
PEACOCK, GAFFNEY &
DAMIANAKIS, P.A.
/s/ Anthone R. Damianakis
ANTHONE R. DAMIANAKIS,
ESQUIRE
PEACOCK, GAFFNEY &
DAMIANAKIS, P.A.
FBN: 102740
2348 Sunset Point Road, Suite E
Clearwater, Florida 33765
(727) 796-7774
[email protected]
[email protected]
Attorney for Plaintiff
BILL OF SALE - MOBILE HOME
Delwiche v Alberts
Exhibit A
STATE OF FLORIDA
COUNTY OF PINELLAS
This Agreement made on the 27th day of February, 2023, Janice M. Albert, of 2600 Harden Blvd Lot 284, Lakeland Florida 33803-5931, referred to herein as Seller, and Johanna A. Delwiche, of 2100 East Bay Drive, Suite 208, Largo, Florida 33771, referred to herein as Buyer.
FOR AND IN CONSIDERATION OF $10.00 dollars and other good and valuable consideration the receipt and sufficiency of which is acknowledged, the undersigned do hereby grant, bargain and sell to Johanna A. Delwiche, or her Assigns, all interest or right of the Seller(s) in the following property:
One double wide Mobile Home, bearing Title registration numbers:
127128550 and 127128591 and all contents, accessions and fixtures related thereto.
Manufacturer: HMMT
Year: 2016
Size: 56 Ft long
Title #'s: 127128550 and 127128591
Sellers state that the Mobile Home is subject to a lien or liens. The lien holder is South State Bank. The transfer of title necessary for the completion of this Bill of Sale is subject to the terms, conditions and requirements set forth in that certain Assignment of Beneficial Interest in Trust executed by the parties contemporaneously with the signing of this Bill of Sale. Said Assignment of Beneficial Interest is incorporated into this Bill of Sale by reference herein.
There is other valuable consideration which is set forth in the Assignment of Beneficial Interest in Trust, referred to above, and executed by the parties contemporaneously herewith and incorporated by reference herein.
DATED: February 27, 2023.
Witness: /s/
Seller: Janice M. Albert
/s/ Janice M. Albert
Janice M. Albert
Witness: /s/
BUYER: JoHanna A. Delwiche
/s/ JoHanna A. Delwiche
JoHanna Delwiche
May 17, 24, 31; June 7, 2024 24-02333N