HERMAN, ERICA vs. JUPITER ISLAND IRREVOCABLE HOMESTEAD TRUST

On October 26, 2022, Erica Herman (“Plaintiff”), represented by Benjamin T. Hodas, Brendon Carrington, and Zachary Potter of Fisher Potter Hodas, PL, filed a civil action against Jupiter Island Irrevocable Homestead Trust (“Defendant”), seeking damages and injunctive relief for alleged breach of an oral tenancy agreement in violation of Florida Statutory Law. This case was filed in the Nineteenth Judicial Circuit for Martin County, Florida, with Judges Gary L. Sweet and Elizabeth A. Metzger presiding.

In the complaint, the plaintiff alleged, “By agreement with an agent(s) with actual or apparent authority to act for the Defendant, Plaintiff has resided at the Residence for the duration of the Defendant's ownership of the Residence. During that period of time, Plaintiff has performed valuable services at the request of Defendant's agents, all in part performance of the oral tenancy agreement and in reliance thereon.”

Plaintiff then alleged, “The oral tenancy agreement gave the Plaintiff the right to live in the residence for a certain duration of time. All expenses that related to Plaintiffs residency, or that resulted therefrom, were to be fully paid by the Defendant or its privies. This agreement was fully performed for the 6-year period prior to the events giving rise to this lawsuit.”

Plaintiff also alleged, “The duties that were performed by, and expected of, Plaintiff were extensive and of an extraordinary nature in light of the overall circumstances and environment in which she lived. Approximately 5 years remained on the oral tenancy agreement.”

The plaintiff then alleged, “No notice or lawful judicial proceeding was commenced to bring the tenancy to a lawful end. Instead, the Defendant elected to engage in ‘prohibited practices,’ i.e., self-help, causing severe actual, consequential, and severe emotional damages to the Plaintiff. The prohibited practices were done intentionally, with premeditation, and with malice aforethought.”

Plaintiff further alleged that “by trickery, agents of the Defendant convinced the Plaintiff to pack a suitcase for a short vacation and, when she arrived at the airport, they told her she had been locked out of her residence, in violation of the oral tenancy agreement and in violation of Florida law.”

The plaintiff then alleged, “They then informed her she was not allowed to return to her Residence and, without legal counsel to aid in her in this emotional moment, they utilized a lawyer to confront her with proposals to resolve the wrongdoing they were in the midst of committing.”

Additionally, the plaintiff alleged, “Defendant's agents attempted to justify their illegal conduct by paying for a hotel room and certain expenses for a short period of time, having successfully locked Plaintiff out of her home and frightened her away from returning. Since then, Plaintiff has continually demanded to be allowed back into her home, but Defendant's agents have refused.”

The plaintiff then alleged that “Defendant's agents removed Plaintiffs personal belongings from her Residence and misappropriated m excess of $40,000 in cash that belonged to her, making scurrilous and defamatory allegations about how she obtained the money.”

Plaintiff also alleged, “The Defendant, directly and through its agents, had a duty that was owed toward the Plaintiff to not conduct prohibited practices pursuant to § 83.67, Fla. Stat. The flagrant and purposeful violations and breaches of duty described above are the proximate cause of the Plaintiffs injuries.”

Plaintiff presented one claim for relief for alleged violation of Florida Statutory Law.

In the prayer for relief, the plaintiff requested a judgment for injunctive relief. The plaintiff also requested an award for actual and consequential damages.

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