TROPICAL TRAILER GARDENS LLC

IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT, IN

AND FOR PALM BEACH COUNTY,

FLORIDA

CASE NO.: 50 2004 CA 009880 MB AE

MELVIN MOGUL,

ROBERT PHILLIPS,

SHERRY HENDERSON,

Plaintiffs,

TROPICAL TRAILER GARDENS LLC,

and

WESLEY COX,

Defendants.

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COMPLAINT

1. This is an action for Declaratory Relief, Injunctive Relief, Negligence, Breach of Statutory Duty and Intentional Infliction of Emotional Distress.

2. Plaintiff, Melvin Mogul, is an individual, over the age of eighteen (18) and at all times relevant hereto a resident of Tropical Trailer Gardens Mobile Home Park located in Palm Beach County, Florida.

3. Plaintiff, Robert Phillips, is an individual, over the age of eighteen (18) and at all times relevant hereto a resident of Tropical Trailer Gardens Mobile Home Park located in Palm Beach County, Florida.

4. Plaintiff, Sherry Henderson, is an individual, over the age of eighteen (18) and at all times relevant hereto a resident of Tropical Trailer Gardens Mobile Home Park located in Palm Beach County, Florida.

5. All of the named plaintiffs are on very limited fixed incomes and have limited if any financial resources. The plaintiffs do not have the present ability to relocate or to seek alterative housing.

6. TROPICAL TRAILER GARDENS, LLC is a corporation organized and existing under the laws of Florida and has its principal place of business at 1841 7^th Ave N, Lake Worth, Florida 33461.

7. WESLEY COX, is an individual, over the age of eighteen (18) and at all times relevant hereto a resident of Palm Beach County, Florida.

8. WESLEY COX is the designated Manager of Tropical Trailer Gardens Mobile Home Park.

9. TROPICAL TRAILER GARDENS, LLC operates a Mobile Home Park under the Name Tropical Trailer Gardens Mobile Home Park.

10. Tropical Trailer Gardens, Llc, as a mobile home park owner is bound by the provisions of Florida Statute '723.022, which provides in pertinent part that the Defendant shall at all times:

a. Comply with the requirements of applicable building, housing and health codes;

b. Maintain the common areas in good state of appearance, safety and cleanliness;

c. Provide access to the common areas, including building at all reasonable times for the benefit of the residents;

d. Maintain utility connections and systems for which the park owner is responsible in proper operating condition.

11. After the recent hurricane, the Plaintiffs lost electrical power. The Electrical Power was restored by the local utility company on 9/30/04 however the residents remain without power due to problem within the community, which is the responsibility of the owner.

12. On or about October 3, 2004, Lake Worth Utilities appeared and inspected the power lines and advised that the lines to the park were in working order and that the problem was within the park and thus the responsibility of

13. Prior to the hurricanes, TROPICAL TRAILER LLC did not properly maintain the system.

14. During the past several years, WESLEY COX has attempted to personally repair and maintain the electrical system within the park and has refused to retain an electrician to perform the services.

15. TROPICAL TRAILER GARDENS, LLC, by and through its manager WES COX, has refused to make the necessary repairs to the electrical system and continually places blame on the city and the utility company.

16. MELVIN MOGUL has been forced to exist without any electric since September 26, 2004. Prior to that time, MOGUL had partial electricity from September 4, 2004 through September 26, 2004. Although power was restored by utility company power has not been restored by the park owner.

17. ROBERT PHILLIPS has been forced to exist without any electricity since September 26, 2004. Prior to that time, he had partial electric from September 4, 2004 through September 26, 2004. Although power was restored by utility company full power has not been restored by the park owner.

18. SHERRY HENDERSON has been forced to exist with only partial electricity since September 26, 2004. Although power was restored by utility company full power has not been restored by the park owner.

19. In addition to the loss of electrical power, SHERRY HENDERSON, has experienced repeated and ongoing problems with her septic tank. TROPICAL TRAILER GARDENS, LLC and WESLEY COX have refused to make the necessary repairs.

20. On September 30, 2004, WESLEY COX issued a written statement wherein it was stated that it was against the law for anyone to remain inside of their homes if they did not have power and that those who remained in their homes without power would be arrested. (Copy Attached hereto).

21. WES LEY COX, is well aware that the residents who did not have power are without the financial resources to seek alternative housing.

22. On or about October 20, 2004, WESLEY COX, confronted MELVIN MOGUL and stated that the electric would not be restored to the tenants until all back due rent was paid in full.

23. On or about October 20, 2004, the Defendant, WESLEY COX appeared at the residence of ROBERT PHILLIPS, along with Lake Worth Police falsely accusing ROBERT PHILLIPS of placing a noose on the property.

COUNT I

24. This is an action for Injunctive Relief.

25. Plaintiffs re-allege paragraphs 1 through 23 above and further alleges:

26. Florida Statute, '723.022, expressly provides that the owner of a mobile home park shall at all times, maintain utility connections and systems for which the park owner is responsible in proper operating condition.

27. TROPICAL TRAILER GARDENS, LLC has failed to take the steps needed to conform to the statute and as of this date, there has been no action taken by the defendants to make the necessary repairs.

WHEREFORE, the PLAINTIFFS respectfully request that the Court:

a. Enter an Order requiring that the Defendants comply with the mandates of Florid Statute '723.022;

b. Grant any other relief deemed fair and just.

COUNT II

28. This is an action for Injunctive Relief

29. Plaintiffs re-allege paragraphs 1 through 23 above and further alleges:

30. The continued harassment of the Plaintiffs MOGUL, and PHILLIPS by TROPICAL and or its agents directly interferes with the Plaintiff=s property rights.

31. The threat that electric would not be restored until all rent has been paid is in violation of the applicable Florida Statutes.

32. There is no adequate remedy at law and the Plaintiffs will be irreparably harmed by the actions of the defendants if an injunction is not issued.

WHEREFORE the Plaintiffs request that this Court

a. Enter a judgment enjoining TROPICAL TRAILER GARDENS, LLC and all persons acting under the defendants from further harassing .

b. Enjoin TROPICAL TRAILER GARDENS, LLC from withholding electric.

c. Grant any other relief deemed fair and just.

COUNT III

33. This is an action for Breach of Statutory Duty.

34. Plaintiffs re-allege paragraphs 1 through 23 above and further alleges

35. TROPICAL TRAILER GARDENS LLC is bound by the provisions of Florida Statute '723.022.

36. TROPICAL TRAILER GARDENS, LLC has failed to comply with the applicable building, housing and health codes.

37. TROPICAL TRAILER GARDENS LLC has failed to Maintain the common areas.

38. TROPICAL TRAILER GARDENS LLC changed the locks on the restrooms and showers located within the public areas adjacent to the laundry room. The residents are thus precluded from utilizing public facilities.

39. TROPICAL TRAILER GARDENS LLC has failed to maintain the utilities within the community.

40. TROPICAL TRAILER GARDENS LLC, breached the statutory duty owed to the plaintiffs by failing to comply with the express provisions of Florida Statutes '723.022

41. As a result of the defendant=s breach of duty the Plaintiffs suffered damages.

WHEREFORE, the Plaintiffs request:

a. A jury trial on the merits;

b. A judgment for damages against Tropical ;

c. Any other relief that the Court deems just and proper.

COUNT IV

42. This is an action for Negligence.

43. Plaintiffs re-allege paragraphs 1 through 23 above and further alleges

44. During all times relevant hereto, TROPICAL TRAILER, LLC was and is responsible for the maintenance of the Tropical Trailer Gardens Mobile Home Park.

45. TROPICAL TRAILER GARDENS LLC, owes a duty to the plaintiffs, to provide a safe and habitable environment.

46. TROPICAL TRAILER GARDENS, LLC breached its duty to the plaintiffs by failing to maintain the park in a reasonable, safe and secure manner.

47. As a direct and proximate result of the breach of duty, the plaintiffs have sustained damages which are ongoing.

WHEREFORE, the Plaintiffs request:

a. A jury trial on the merits;

b. A judgment for damages for the negligence of Tropical ;

c. Any other relief that the Court deems just and proper.

COUNT V

48. This is an Action for Intentional Infliction of Emotional Distress.

49. Plaintiffs re-allege paragraphs 1 through 23 above and further alleges:

50. COX was in a position wherein he exercised was regularly entrusted with personal and confidential information regarding plaintiffs

51. COX took advantage of his position and the Plaintiffs= status and betrayed the Plaintiffs= to his own benefit and to the Plaintiffs= detriment, at all times knowing that the actions would cause the Plaintiffs severe emotional distress.

52. During the course of the relationship, COX abused his position of and preyed upon the Plaintiffs.

53. COX, is in a position to inflict grievous harm greatly over and above the same actions, because of his position as the manager.

54. COX=S conduct is outrageous, beyond all bounds of human decency.

55. It was foreseeable that COX=S conduct would cause the plaintiffs severe distress, and as a result thereof, the plaintiffs suffered severe emotional distress.

56. The actions of COX were deliberately designed to and did take advantage of the of the plaintiffs, especially in light of the plaintiffs= limited resources, and inability to secure other housing.

57. The actions of COX were performed within the scope of his employment and were, however misguided, in furtherance of the interests of COX, and TROPICAL TRAILER GARDENS LLC.

58. The actions of Defendant, COX , in the context of his position and Plaintiff=s dependence, were outrageous and extreme within the meaning of Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277 (Fla.1985).

59. As a result of the actions alleged, the Plaintiffs, suffered humiliation, physical pain and suffering, emotional distress, lasting psychological damage, mental anguish, betrayal, loss of capacity for enjoyment of life, expense of medical care and treatment, loss of ability to earn money, aggravation of previously existing conditions, and the loss of self esteem. The losses are either permanent or continuing, and the Plaintiffs will continue to suffer losses in the future.