Multi-million dollar lawsuit filed against Boone law firm for legal malpractice

.
(photo, left to right: attorneys Jeff and Dan Boone, the public face of the Boone law firm)

Claiming he has lost millions as a direct result of legal negligence and breach of professional duty, noted Venice orthopedic surgeon J. Fred Miller has filed suit against the Boone law firm for legal malpractice.

Reached by phone, Miller's attorney, W. Cort Frohlich, stated, "This is as clear a case of legal malpractice as you can get and we are going full steam ahead."

The suit, filed in circuit court on October 15, 2009, by Miller's attorney, W. Cort Frohlich, accuses the Boone law firm of failing to represent Miller in a foreclosure lawsuit after the law firm agreed to do so. The suit names law firm partners Stephen Boone and John Koda as well as the Boone law firm in toto (civil complaint, 6 pages, PDF).

In March of 2008, Community National Bank (since absorbed by Stearns Bank) filed a foreclosure suit against Miller over his interest in some undeveloped commercial land in Sarasota County.

According to Frohlich's complaint, the Boone law firm was hired by Miller to represent him in the foreclosure action. Frohlich writes that the Boone law firm subsequently failed to provide any meaningful or substantive legal services, causing a domino effect of legal and financial failures which, in turn, culminated in the seizure of Miller's thoroughbred horse breeding operation in Kentucky during an advertised horse auction.

According to the complaint, the Boones failed to respond to the initial filing for foreclosure, which allowed Community National to successfully obtain a summary judgment against Miller. This not only gave Miller's land interest to the bank, but also allowed the bank to obtain a money judgment in the amount of $1.99 million with the crucial wording "for all of which let execution issue."

According to the complaint, this, then, gave Community National a huge legal crowbar to go after any and all of Miller's professional and personal assets, which the bank did, starting with Miller's thoroughbred breeding operation in Kentucky, Miller Thoroughbreds, LLC.

Miller, apparently unaware of the Boone law firm's failure to represent him in the first action, re-hired the Boones to represent him in the Kentucky foreclosure action. According to the complaint, Miller was told "that he need not take any action in response to the filing" in Kentucky.

That was a second case of negligence, according to Frohlich, one that shut down Miller's horse breeding business when, unbeknownst to Miller, an advertised auction of thoroughbred horses was taken over by the Jefferson County Court in Kentucky in November of 2008.

According to Frohlich's complaint, the proceeds of the then-upcoming advertised auction were ordered to be deposited with the court. The auction house was served with the seizure notice just days before the auction, and the auction house promptly canceled the auction and terminated Miller Thoroughbred's credit line.

Thanks to the fact that no attorney showed up in court to defend Miller, Community National obtained from the Kentucky courts a second summary money judgment against Miller, this time in the amount of $1.98 million.

Word spread quickly through the equine world, and Miller, according to the complaint, "was forced to sell his stock at severely deflated prices." That, in turn, caused Miller Thoroughbreds to be unable to pay vendors, auction houses, banks, etc., and the company quickly spiraled into bankruptcy.

Frohlich alleges that Miller's economic implosion is all a "direct result and consequence of the negligence of Boone, Koda and [the] Boone law firm. ...None of the above would have occurred, but for the negligence and breach of the professional duty of care by" the Boone firm.

Frohlich writes that "by advising Miller that he need not respond or take any action in response to the filing of the Kentucky Action...," and "by failing to advise Miller that he needed to immediately retain counsel in Kentucky to defend the effort by the bank" to go after his assets there, that the Boones "were further negligent in their legal representation of Miller and further breached their duty of professional care."

The court filing concludes with this statement: "As a direct and proximate result of the negligence of (the Boone firm], and their breach of their professional duty to Miller, Miller has suffered and will continue to suffer damages in the millions of dollars as a result of the impact to him personally as well as to the entities which he owned and invested in."

Reached by phone, Boone law partner Jeff Boone stated "I honestly can't comment on it as I am not the attorney handling this case." Jeff Boone referred all questions to his brother, law partner Stephen Boone, who was not in the office.

While Frohlich writes in the complaint that Miller is seeking damages in excess of $15,000, Frohlich stated by phone that was a necessary minimum amount that needed to be in the legal wording just to get the case into circuit court. Frohlich stated that his client had lost several million dollars and that Miller was seeking compensation for the money that was lost as a result of the Boone law firm's handling of the two cases.

The Boones have until this Friday (two days from today) November 29 to have their response clocked in to the clerk of court's office to avoid yet another default judgment.

Batshiat Crazy Harry on losing: "The horror," the horror, the horror

The man with the heart of darkness faces his own political apocalypse and the results are not pretty
.
Batshiat Crazy Harry Walia may come back for more self-created public abuse next year. Then again, he may not. It all depends.

In an open letter to his supporters (PDF file, one page), Walia shows off his math skillz, thanks his supporters, comments on "the horror of smear" aimed at him, and warns that he may come back for sloppy seconds next year.

Walia claims in his letter that he endured "the horror" only to lose by 70 votes. In fact, the margin was 139 votes, but who's counting? It's only math.

"Your hard work... helped us to dispel the difficulties, to withstand the horror of smear, insults, and personal attacks."

Claiming that his campaign was "a success even though it did not bring me a victory," Walia claimed to have run a "clean campaign."

Hold that thought for a moment. Here's an email I received on October 29, a week before the election.

During Sun Fiesta I had a yard sale and used one of his illegally posted [on city property] signs as the foundation for my yard sale sign. During the parade they blocked off an entrance to my street, so I went to check on my signage. The sign I posted below Walia's sign had been ripped off and was nowhere to be found (in other words, it had been stolen).

Several days later, I happened to look out my window and saw Harry placing one of his signs in MY yard. I promptly went out, picked it up, saw that he was walking back to his car which was parked halfway down the street, and approached him saying, "You cannot place your sign on my property."

He responded that it was not my property, but the property of the doctor's office next door.

I replied that a) he was mistaken, it was my property; and b) that regardless of whose property it was, it was illegal to post the sign so close to the road as it obstructs drivers' views.

I handed him his sign and he said, "You're miserable!"

I bit my tongue and only responded, "Well, at least I didn't throw your sign away. And, by the way, there are at least 30 of my friends and family whose vote you will not be getting."

After reading the comments on this website, and the article in the paper yesterday, I wonder, "Who's miserable NOW???" Cheers.

The real horror (or the real fun, depending on your point of view) comes in his less than obscure threat to maybe sort-of  return for more self-created public abuse: "I will only say I may return, God willing."

Hell, Harry, don't go away mad.

Wiand, Jet Center hit with second motion; Wiand accused of inflating Jet Center's value, profitability

.
Two days ago, City Attorney Bob Anderson sent out a letter to Burton Wiand, the court appointed receiver for Nadel's Scoop Management Ponzi scheme. Anderson's letter accused Wiand of playing fast and loose with the facts.

Early today, potential Jet Center buyer Earl Niemoth filed papers in federal court accusing Wiand of much the same thing [text copy provided by Niemoth].

This is Niemoth's second attempt at asking for court intervention to examine Wiand's involvement in the receivership of Nadel's Ponzi scheme.

His first attempt was rejected by the court because, according to the rejection ruling, the court apparently didn't recognize Niemoth as a potential buyer, instead ruling against Niemoth as a creditor trying to leapfrog over Wiand to get at the Jet Center's assets.

Niemoth addresses the apparent error in his newest filing.

To date, the only assett left for Wiand to recover is the fiunds tied in to the Jet Center. Niemoth accuses Wiand of inflating the value. Niemoth states he has examined the books and the tax returns for the Jet Center and that the business has been losing money steadily -- specifically in the six digit per annum range for the last three years.

Niemoth also accuses Wiand of playing fast and loose with potential buyers by not picking and choosing who Wiand would let have a seat at the table.

So far, no comment from the city on Niemoth's motion.

Attorney cat-fight -- Anderson to Wiand: DIAF, you lying sack of protoplasm

.
To: Burton W. Wiand, Esquire
From: City Attorney Robert C. Anderson
Date: November 10, 2009
Subject: Scoop Receivership

Your November 6, 2009 correspondence to Isaac Turner [link to story] continues your pattern of evasiveness, misrepresentation, and erroneous conclusions. Mr. Turner and I believe that a line by line response would be a futile exercise and the City of Venice prefers to allow your actions and those of the City to speak for themselves.

The City looks forward to working with the purchaser of the Venice Jet Center, LLC regarding future leasehold improvements.

Sincerely,
Robert C. Anderson
City Attorney

Press release from Wiand's approved Venice Jet Center buyer -- full text

.
(editor's prefatory note -- The big big question now is: Who are the angel investors, the hidden money guys behind this offer? Or, possibly: Does Tri-State really have them lined up yet? With the history of the Venice Jet Center as the site of a long history of known and documented criminal and terrorist activity (Art Nadel, Rudi Dekkers, Wally Hilliard, Mohamed Atta and the 9/11 terrorists, drug trafficking, etc.), the fact that it is planned to be opened under the name of Suncoast Air Center with no knowledge yet as to who the big money guys are behind the purchase is going to prove to be majorly distressing to city hall and to local residents who just want a cleanly run airport. -- JP, editor)

John:

My apologies for not copying you on the [press] release. I had e-mailed it directly to the Tribune and the Gondolier only, but I'm happy to share the complete text with you (found below). I know you are a voice in the community so I want to keep you in the loop. Unfortunately, all I am able to disclose at this time is the information contained within. The articles published in the Herald Tribune and Gondolier are correct with the exception of Mr. Giles report that I am a former Venice resident- I have not lived in the city, though I have been a resident of this area for some time.

If you have any further questions, feel free to e-mail and I will be happy to help answer them as best I can. I'm looking forward to working with you and your fellow Venetians to help resolve the ongoing issues for everyone's benefit.

Best Regards,
Marty Kretchman
Vice President
The Tristate Group, LLC

--PRESS RELEASE--
Tristate Aviation Group LLC was supplied a bidders package early this year along with many other potential bidder groups. Tristate did its own due diligence and we were asked to submit our best offer to purchase the assets of the Venice Jet Center controlled by Burton Wiand, the Receiver. Our offer was submitted and based on our understanding the Tristate offer was the best offer for the asset. This offer was accepted by the Receiver.
 
This closing of this contemplated transaction still requires approval by the Federal Judge overseeing the receivership and as a result, no assurance can given at this time as to whether the transaction as contemplated will close. In an effort to dispel any further misleading information, I can confirm that, based on what I have read in today's Herald Tribune, that the cash payment of our offer to the Receiver is "multiples higher" than that of any other party. We are also very sophisticated in this type of transaction.
 
As there are multiple parts of the transaction, the assets will be purchased by Tristate Aviation Group of Florida LLC, of which I am the Manager for Tristate. We intend on operating the FBO under Suncoast Aviation Center of Florida LLC under the trade name "Suncoast Air Center “, which are under common ownership by Tristate.
 
Our goal is to return the FBO to good standing in the Community and to work to mend broken fences with the residents of Venice and the City Council. Having the experience of operating FBO’s and being an integral part of numerous communities will allow us to utilize this experience to ease tensions and to the re-development of community relations. As a resident of the area, I am acutely aware of the need to re-establish many disconnected relationships.
 
Assuming the transaction closes as contemplated, our customers will notice a new face, new image and a willingness and desire to bring the aviation business and the attendant positive economic impact back to the forefront of SW Florida and to the residents of our area.
 
Tristate Aviation Group LLC., is comprised of myself Brian Ciambra and Henry Paulino. Collectively, we have over 40 years of combined experience owning and operating Fixed Base Operations, including the management and structuring of the Volo Aviation chain of FBO's across the country.
 
A short bio of each of us is as follows:

Marty Kretchman -­ Marty has worked in aviation within the state of Florida for over 7 years. He is a former corporate pilot, holding a Captain’s rating in Cessna Citation series business jets. Marty transitioned to the FBO management side of corporate aviation in 2004 when the organization employing him in Orlando acquired a facility at their airport. As General Manager of Avion Jet Center. Marty was able to increase market share over the competitor on-field by 40% within the first 12 months.

In early 2008, Marty was recruited as General Manager of Volo Aviation Sarasota. Managing a staff of fifteen Marty has earned the respect of his employees and customers as a solid leader with exceptional attention to customer service.

Marty is Senior Vice President of Tristate Aviation Group LLC.

Brian Ciambra - Brian has over 17 years aviation experience, half of which was spent working with Signature Flight Support, the world¹s largest FBO chain. Within that organization, he held the title of Regional General Manager covering White Plains and LaGuardia in New York and Morristown in New Jersey, some of the largest and most successful operations in their worldwide network.

Brian has more recently served as the Vice President of Operations for Volo Aviation, an FBO venture of Merrill Lynch. He personally oversaw the establishment of the Volo Aviation brand name and the acquisition of five fixed base operators across the country. He was instrumental in creating infrastructure to support and expand these operations on a national level.

Brian is the CEO and President of Tristate Aviation Group LLC.

Henry Paulino - Henry has worked in aviation for over 16 years. He spent 12 years with Signature as General Manager of several of their facilities in the Northeast. Along with Brian, he also worked with an entity known as Skyport Flight Services that acquired a small underutilized FBO in Westchester County, New York in June 2004.

In September of 2007, Henry was hired as Regional General Manager for Volo Aviation. In concert with the location General Managers, he has helped to oversee the operations of five facilities as well as the acquisition of several large clients, leading to multiple long term leases and lucrative returns for Volo and its partners.

Henry is the Chief Operating Officer of Tristate Aviation Group LLC.

Let me be careful to preface. There are still hurdles left to overcome prior to the transaction closing, that may affect whether or not it closes. As such, we are not at liberty to disclose the terms and conditions of the Tristate offer until they become a matter of public record, which we hope will be in the near future.

--Marty Kretchman,
Vice President, The Tristate Group, LLC
.