Legal Question in Civil Litigation in Florida

Do something like this:

IN THE COUNTY COURT OF THE

17TH JUDICIAL CIRCUIT, IN AND FOR

BROWARD COUNTY, FLORIDA

CASE NO.: COCE:

,

Plaintiff,

vs.

STATE OF FLORIDA DEPARTMENT

OF HIGHWAY SAFETY AND MOTOR

VEHICLES, AND _____________________________.,

Defendants.

_________________________________________/

COMPLAINT FOR DECLARATORY JUDGEMENT AND DAMAGES AGAINST

______________________

1. This is an action for declaratory judgment pursuant to Fla. Stat. 86.021 as it relates to STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (hereinafter DMV).

2. This matter exceeds $5,000.00 but does not exceed $15,000.00 exclusive of attorney�s fees.

3. Plaintiff has resided in Broward County at all times material to this matter.

4. Defendant,__________,has resided in Broward county at all times material to this matter.

5. -----------------, the brother of the Plaintiff and father of the Defendant,-------------, owned a 2001 HD motorcycle ID#----------------------

6. ___________., gifted the above motorcycle to ---------------- on or about January-------------(see affidavits attached hereto as exhibits �A� and �B�). In addition, ------------. reaffirmed the gift and or gifted the motorcycle to plaintiff again on January ---------------. ------------------------------------., died on -----------------------------

7. In May of 2011, Plaintiff found out that Defendant,----------------., had improperly sought in September of 2010 to have the title to the Motorcycle placed improperly in his name from the DMV.

8. ----------------. knew the title to the motorcycle had been gifted or given to the Plaintiff months before his father�s death. Nevertheless, -------------------------. intentionally and maliciously had the title of the motorcycle falsely placed in his name. He never had possession of the motorcycle nor its title. Given ------------------.�s knowledge of the facts of ownership of the motorcycle and his lack of possession and title, the sole purpose of falsely seeking title of the motorcycle could only have been to cause hardship on the part of Plaintiff.

9. Because of ------------------------ actions, Plaintiff cannot obtain a certificate of title of the motorcycle, nor can she sell it, and has lost sale of the motorcycle.

DECLARATORY RELIEF

10. Under Fla. Stat. 86.011, courts �have jurisdiction within their respective Jurisdictional amount to declare rights, status, and other equitable or legal relations whether relief is or could be claimed.�

11. Plaintiff seeks to have her rights declared as the lawful owner of the motorcycle, so that she may obtain title from the DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.

WHEREFORE, Plaintiff respectfully requests this Court to issue a Declaratory Judgment declaring Plaintiff to be the lawful owner of the motorcycle and award costs and such other relief as it may deem just and equitable.

CLAIM AGAINST --------------------------------. FOR CONVERSION

12. Plaintiff realleges allegations 1 - 9 and further states:

13. Plaintiff is the rightful owner of the motorcycle as of ---------------- On this date,----------------. signed over the title to the motorcycle to plaintiff. In addition, and as an affirmation of --------------------------- gift to plaintiff on January------.,---------------------------- affirmed and or re-gifted the motorcycle to plaintiff on January----------

14. Defendant, --------------------. intentionally, without authorization, and wrongfully sought to take the property and or title of Plaintiff�s vehicle and wrongfully placed the title in his name.

15. Defendant,-----------------., has deprived Plaintiff of her property, deprived Plaintiff from obtaining title to the motorcycle, and deprived her of the sale of the motorcycle.

16. Defendant, -----------------------., does not have any right to the ownership of the motorcycle nor to seek a certificate of title to it, and as a result of ------------------ actions, Plaintiff has sustained damages.

WHEREFORE, Plaintiff respectfully requests this Court to award her compensatory damages, costs, loss of sale, and interest against the Defendant, -------------and such other relief as the Court deems just and equitable.

CLAIM FOR FRAUD AGAINST MORALES JR.

17. Plaintiff realleges allegations 1-9 and 13 and further states:

18. When Defendant, --------------applied for a certificate of title to the DMV, he made a false statement regarding the material fact that he claimed that he was entitled to the motorcycle when he knew he was not.

19. Defendant,-------------------------, knew his representations to the DMV were false.

20. Defendant,---------------------, intended that the DMV issue a title of the motorcycle in his name with the intent to deprive Plaintiff of her property, a certificate of title, and the marketable title to the motorcycle, and has deprived her of the sale of the motorcycle.

21. Plaintiff has suffered damages as a result of Defendant,----------------, fraud upon her, such as but not limited to seeking a certificate of title to the motorcycle and or selling the motorcycle.

WHEREFORE, Plaintiff respectfully requests this Court to ward her compensatory damages, costs, and interest against the Defendant,--------------, and such other relief as the Court deems just and equitable.

CERTIFICATE OF SERVICE

I

_______________________________

Plaintiff

Mr. Marino points out the complexities of your case. I would suggest you hire someone just like him to handle the matter for you.