Complaint Review: Frank L. Hollander Law Firm

IN THE COUNTY COURT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
SHEILA LUCAS GEORGE, and
BYRON GEORGE, CASE NO.: 13-25340 CC 05
Plaintiffs,
v.
TASHAY CAMPBELL,
Defendant.
_______________________________/

ORDER DENYING MOTION TO DISMISS COMPLAINT

THIS CAUSE came before the Court on the 21st day of January, 2014 on Defendant’s Motion to Dismiss Complaint and after hearing argument of counsel, it is

ORDERED AND ADJUDGED:

The Motion to Dismiss is Denied. Defendant’s counsel Christie McKinnon did not appear for the duly noticed 9:30 a.m. hearing. The Court called the Defendant’s office and cell phone numbers. There was no return call. The hearing took place after waiting until 10:30 a.m. Defendant’s counsel had called earlier in the morning at 7:30 a.m. leaving voice mail with opposing counsel indicating she had an extreme bout of morning sickness and was on her way to the emergency room. She also called the court’s chamber and spoke with the bailiff at, 7:30 a.m. She advised the bailiff she could not come to court because she was very ill. The Court heard from Marilyn Blumberg, counsel for Byron George in divorce case: Byron George v. Tashay Campbell, in case no.: 12-22973 FC 29, by telephone. Ms. Blumberg advised the same Defendant’s counsel previously failed to appear for a hearing at which time she did not call in. The Court shares counsels’ skepticism. At this time, there is nothing to corroborate the reason for counsel’s absence.

Upon filing an appropriate motion, the court will reconsider today’s ruling. The court
would expect the motion to be under oath and accompanied by some evidence of counsel’s
inability to attend the hearing. Accordingly, it is hereby

ORDERED AND ADJUDGED that the Defendant’s motion to dismiss is denied and she
has 10 (days) from the date of this order to answer the complaint.

DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 01/21/14.
___________________________________
WENDELL M. GRAHAM
COUNTY COURT JUDGE

---------------

IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION
SHEILA LUCAS GEORGE, and
BYRON GEORGE, CASE NO.: 13-25340 CC 05

Plaintiffs,

v.

TASHAY CAMPBELL,

Defendant.
_______________________________/

COMPLAINT

The Plaintiffs SHEILA LUCAS GEORGE (hereinafter “SHEILA”), and BYRON GEORGE (hereinafter “BYRON”), by and through their undersigned counsel sue the Defendant TASHAY CAMPBELL (hereinafter “CAMPBELL”), and would show as follows:
Introduction

1. This is an action by SHEILA and BYRON, mother and son as against CAMPBELL, as daughter-in-law and wife, respectively, for noneconomic damages for defamation and malicious prosecution, and for other specified damages, economic, respectively.
Parties, Venue and Jurisdiction

2. This is an action within the jurisdictional requirements of this Court as a matter in controversy in excess of $5000.00 but not in excess of $15,000.00, exclusive of attorney’s fees and costs, if any. Supplemental jurisdiction of this Court is invoked with respect to this Complaint because both counts derive from a common nucleus of operative facts, the claims of the Plaintiffs are so interrelated that the Plaintiffs would ordinarily be expected to try them in one judicial proceeding, and considerations of judicial economy, convenience and fairness to the litigants indicate that the Court should exercise discretion to hear all claims.

3. SHEILA is an individual over the age of eighteen (18), is a Miami-Dade County resident and is sui juris.

4. BYRON is an individual over the age of eighteen (18), is a Miami-Dade County resident and is sui juris.

5. CAMPBELL is an individual over the age of eighteen (18), is a Miami-Dade County resident and is sui juris.

6. Venue is proper in this Court as it is within the county where the Defendant
CAMPBELL resides and where the causes of action accrued pursuant to Florida Statute §47.011.

7. This Court has jurisdiction over the Defendant CAMPBELL pursuant to Florida
Statute §48.193(1)(a),(b), and (2). At all times material, the Defendant CAMPBELL operated, conducted, engaged in and carried on a business or business venture in Florida and had an office or agency in Florida. At all times material, the Defendant CAMPBELL committed tortious acts within Florida. At all times material, the Defendant CAMPBELL engaged in substantial activity, non-isolated activity within Florida.

8. All conditions, if any, to the filing or maintenance of this action have been performed, have occurred or have been waived.
Background Facts Common to All Counts

9. At all times material, the Plaintiff SHEILA was the mother of BYRON and BYRON was the husband of CAMPBELL.

10. BYRON and CAMPBELL are the parents of “E.G.,” an infant, born October 12, 2012.

Count I
SHEILA v. CAMPBELL
Loans

11. The Plaintiff SHEILA readopts and realleges paragraphs 1 through 10 as if fully set forth herein and further alleges as follows:

12. This is an action for damages.

13. On November 15, 2011, SHEILA loaned CAMPBELL $450. These funds were never repaid.

14. On April 18, 2012, SHEILA loaned CAMPBELL $100. These funds were never repaid.

15. On February 20, 2013 SHEILA loaned CAMPBELL $500. These funds were never repaid.

16. On February 21, 2013 SHEILA loaned CAMPBELL $500. These funds were never repaid.

17. From January to mid-May, 2012 for 4 ½ months, SHEILA loaned CAMPBELL
$900 for rent and was only repaid $200. The $700 balance has not been repaid to date.

18. In total, CAMPBELL owes SHEILA $2250.00 in loans.

WHEREFORE, the Plaintiff SHEILA demands judgment from the Defendant CAMPBELL for damages in the amount of $2250.00, costs, and such other relief as the Court deems just and proper.

Count II
SHEILA v. CAMPBELL
Defamation

19. The Plaintiff SHEILA readopts and realleges paragraphs 1 through 10 as if fully set forth herein and further alleges as follows:

20. On or about September 14, 2012 BYRON filed for dissolution of marriage
against CAMPBELL in case no.: 12-22973 FC 29, in the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida, Family Division, styled, Byron George, Petitioner/husband vs. Tashay Campbell, Respondent/Wife.

21. At all times material thereafter BYRON resided at 20340 SW 116th Road, Cutler
Ridge, Florida with SHEILA while CAMPBELL resided at 12251 SW 198th Terrace, Miami, Florida.

22. In those divorce proceedings, BYRON filed a well-founded motion to enjoin the wife CAMPBELL from making good on her threats to remove their child, once born, from the court’s jurisdiction, said motion, after the Court having heard from CAMPBELL, was granted on October 4, 2012.

23. In retaliation to the motion and the pending divorce in general, CAMPBELL engaged in a smear campaign against SHEILA by making publications to third parties of false and defamatory statements.

24. On or about April 12, 2013 E.G. was approximately 6 months old. At that time he was given an associated diagnosis of acute bronchiolitis by Dr. Maria Victoria Milla at Miami Children’s Hospital. At that time, CAMPBELL gave as a history a 4 day cough and runny nose which she attributed to a virus at the child’s day care center.

25. On or about June 15, 2013 E.G. was approximately 8 months old. At that time he was again given a diagnosis of acute bronchiolitis with a follow up with Dr. Milla within 1 to 2 days. At that time he was given a differential diagnosis of cough, bronchiolitis, and upper respiratory infection. At that time, CAMPBELL presented to the medial personnel at the hospital a history of the present illness. She stated that E.G.’s cough began 6 days earlier and she claimed the exacerbating factor was smoke exposure as a risk factor. CAMPBELL reported the 6 days of coughing began after E.G. spent the weekend with BYRON, SHEILA, and her husband, the paternal grandparents who live with BYRON who are smokers. CAMPBELL reported that although there was a court order for them not smoke inside the house, CAMPBELL reported the house smelled like smoke as does the child on return visits.

26. On June 16, 2013 E. G. was re-examined and re-evaluated. The differential diagnosis was cough, bronchiolitis, pneumonia, influenza, and upper respiratory infection. On that same day, CAMPBELL reported to the medical personnel that E.G. got sick the previous week, with a cough and a runny nose when he went to BYRON’s house “where they smoke, diagnosed with asthma...(when the) paternal grandmother was taking care of him during the weekend.”

27. CAMPBELL published the statements about SHEILA to medical personnel at Miami Children’s Hospital.

28. These statements were false.

29. CAMPBELL made the statements knowing them to be false.

30. These statements were intentionally made to make it appear as though SHEILA was smoking in the house where CAMPBELL and BYRON’s infant son E.G. was residing when E.G. at a time when E.G. was suffering from bronchitis.

31. The purpose of the false statements was to make it appear as though SHEILA was endangering E.G.’s health and safety.

32. The statements were made designed to likely result in E.G. not being allowed to live in the house with SHEILA and BYRON.

33. CAMPBELL knew that she was creating false medical records which constituted
a false representation of SHEILA's conduct around the child.

34. CAMPBELL created the false medical records with actual malice and for the

purpose of damaging SHEILA's reputation with the Court involving SHEILA taking out a restraining order against BYRON. In doing so, CAMPBELL defrauded and abused the court system.

35. CAMPBELL was motivated by personal spite towards SHEILA and she published the false statements with actual malice and for the purpose of ruining and/or tarnishing SHEILA's reputation and to cause her humiliation, embarrassment, and mental distress.

36. CAMPBELL published the false statements without reasonable care and with reckless indifference as to whether those statements were true or false.

37. CAMPBELL's publication exposed SHEILA to distrust, disgrace, hatred, contempt, ridicule and caused SHEILA to be avoided which injured her person.

38. As a direct and proximate result, SHEILA suffered damages.

WHEREFORE, the Plaintiff SHEILA demands judgment against CAMPBELL for $5250 in noneconomic damages for injury to her reputation, humiliation, embarrassment, for costs and any and all other relief the court deems just and proper.

Count III
BYRON v. CAMPBELL
Fraud

39. The Plaintiff BYRON readopts and realleges paragraphs 1 through 10 as if fully

set forth herein and further alleges as follows:

40. On or about October 5, 2011 BYRON paid $100 for a passport based on
CAMPBELL’s misrepresentations that she was taking BYRON on a trip to Jamaica.

41. On or about December 11, 2011 BYRON paid CAMPBELL $588 for BYRON’s
airplane tickets to Jamaica based on CAMPBELL’s misrepresentations that she was taking BYRON on a trip to Jamaica.

42. CAMPBELL intentionally, knowingly, and falsely represented these material facts.

43. CAMPBELL knew these material facts were false when made.

44. BYRON reasonably and justifiably relied on the misrepresentations to his
detriment. 45. As a direct and proximate result of the fraud, the Plaintiff BYRON has been damaged.

WHEREFORE, the Plaintiff demands judgment from the Defendant CAMPBELL for $688, for costs, and such other relief as the Court deems just and proper.

Count IV
BYRON v. CAMPBELL
Loans

46. The Plaintiff BYRON readopts and realleges paragraphs 1 through 10 as if fully set forth herein and further alleges as follows:

47. On or about February 6, 2013 BYRON paid $715.98 for vehicle insurance to All Motors as a loan to CAMPBELL for her car insurance. These funds were never repaid.

48. On February 20, 2013 or February 21, 2013 BYRON paid $900 for CAMPBELL’S car payment as a loan. These funds were never repaid.

49. In total, CAMPBELL owes BYRON $1615.98 in loans.

WHEREFORE, the Plaintiff BYRON demands judgment from the Defendant CAMPBELL for damages in the amount of $1615.98, costs, and such other relief as the Court deems just and proper.

Count V
BYRON v. CAMPBELL
Malicious Prosecution

50. The Plaintiff BYRON readopts and realleges paragraphs 1 through 10 as if fully

set forth herein and further alleges as follows:

51. On or about March 6, 2013 the Defendant CAMPBELL maliciously, falsely, perjuriously, and without probable cause commenced, instigated, procured and instituted a court proceeding in the family division of the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida in case no.: 13-6604 FC 04 seeking and obtaining a temporary injunction for protection against domestic violence issued without prior notice. In her petition, CAMPBELL falsely claimed she was either a victim of domestic violence or had reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence because BYRON allegedly had:

a. committed or threatened to commit domestic violence defined in Florida Statute  741.28, as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, of one family or household member by another.

b. previously threatened, harassed, stalked, or physically abused CAMPBELL, Attempted to harm CAMPBELL or family members or individuals closely associated with CAMPBELL,

c. threatened to conceal, kidnap, or harm CAMPBELL’S child.

d. physically restrained CAMPBELL from leaving the home or calling law enforcement, e. engaged in any other behavior or conduct that lead CAMPBELL to  have reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence.

52. The Petition for injunction made specific false factual claims:

a. In May, 2012, while pregnant with E.G., CAMPBELL and BYRON had a discussion about the telephone bill. CAMPBELL placed her cell phone on the microwave. BYRON took it. CAMPBELL asked for it back and BYRON pushed her. When CAMPBELL tried to retrieve it from BYRON’s pocket, BYRON pushed her again and placed his hand in a fist as if he was going to punch her.

b. On February 19, 2013 CAMPBELL falsely claimed that SHEILA smoked in her house so that she did not want BYRON to take E.G. there to visit. CAMPBELL falsely claimed when BYRON protested and walked outside with E.G. in the car seat where CAMPBELL grabbed onto the car seat and blocked the car door to prevent BYRON from taking E.G., that BYRON allegedly became aggressive and began to push CAMPBELL out of the way so BYRON could place E.G. into the car which allegedly caused CAMPBELL to fall to the ground with E.G. in the car seat on top of CAMPBELL. CAMPBELL further falsely claimed that BYRON then held his arm to CAMPBELL’s throat trying to push her away causing her to have difficulty breathing. CAMPBELL called 911 and further falsely claimed BYRON was laying on top of her and would not get off until she released her hand from the baby’s car seat. CAMPBELL further told fire rescue her limbs felt numb from lack of blood circulation.

c. CAMPBELL claimed on March 6, 2013 she feared for her life and the safety of E.G.

53. In her petition, CAMPBELL requested 100% time sharing of the minor child and requested BYRON go to a certified batter’s intervention program.

54. The petition was made under penalty of perjury, punishable under Florida Statute§ 837.011 and she acknowledged if she made a knowingly false statement she may be prosecuted.

55. The final hearing was scheduled for June 3, 2013. During the interim time period, the parties’ minor child, infant E.G., was given, 100% time-sharing to CAMPBELL and BYRON was denied all contact with his son during this time period, subject to arrest for a violation of the ex parte injunction order. The petition for the temporary injunction order falsely claimed a series of domestic violence acts. On incident was alleged to have occurred on February 19, 2013 in which CAMPBELL falsely claimed she was injured. CAMPBELL falsely claimed BYRON committed domestic violence and abuse in front of the minor child, baby E.G. and claimed the violence engraved a memory of violence in the young and innocent mind of the 4 month old. BYRON was denied time-sharing until the hearing.

56. During this same approximate time period, March through June, 2013, the CAMPBELL maliciously, falsely, perjuriously, and without probable cause commenced, instigated, procured and instituted a child protection case with the Department of Children and Family Services with allegations similar to the allegations stated in the Petition for Domestic Violence Injunction. After the Department of Children and Family Services conducted a complete, thorough and exhaustive investigation into the accusations, it found there was no basis for the complaint and closed the case as unsubstantiated. theSE proceedings terminated in favor of BYRON.

57. BYRON was wrongfully accused of being abusive, violent and aggressive and doing so in front of the minor child.

58. On June 3, 2013 the court entered its order dismissing CAMPBELL’s case and Petition for Injunction and denied CAMPBELL’s motion for extension of injunction finding a lack of just cause. At that time, time-sharing was ordered to commence immediately and along with BYRON’s May 15, 2013 emergency motion to establish timesharing, the proceedings terminated in favor of BYRON.

59. At all times material, CAMPBELL acted with malice, moral turpitude, wantonness, willfulness or reckless indifference to the rights of BYRON.

60. As a direct and proximate result, BYRON suffered injury to his reputation, mental anguish, humiliation, embarrassment, inconvenience, great shame, indignity, mortification, disgrace, loss of the capacity for the enjoyment of life, including the pain and suffering attributed to living for 3 months and 16 days without seeing or contacting his newborn first son, and hurt feelings.

61. BYRON seeks $5196.02 in noneconomic damages.

WHEREFORE, the Plaintiff demands judgment for $5196.02 in noneconomic damages, judgment for damages, costs and any and all other relief the court deems just and proper.

Hollander and Associates, LLC
Attorneys for Plaintiffs
One Biscayne Tower, Suite 1650
2 South Biscayne Boulevard
Miami, Florida 33131-1806
Tel: (305) 373-9999
Fax: (305) 373-7777
Email: frankh99@aol.com

By: /s/ Frank L. Hollander
Frank L. Hollander
F.B.N.: 745332