Rothstein Revised Malpractice Complaint

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IN THE CIRCUIT COURT OF THE 17

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JUDICIAL CIRCUITIN AND FOR BROWARD COUNTY, FLORIDACASE NO.:EDWARD J. MORSE and CAROL A.MORSE,Plaintiffs,Vs.SCOTT W. ROTHSTEIN; HOWARD A.KUSNICK; STEVEN H. OSBER; RUSSELLS. ADLER; LESLIE STRACHER; and STUARTA. ROSENFELDT,Defendants. ______________________________/COMPLAINTALLEGATIONS COMMON TO ALL COUNTS1.This is an action for damages in excess of $15,000.00, alleging claims including professional malpractice, negligent supervision, and breach of fiduciary duty, among others.2.Plaintiffs, Edward J. Morse and Carol A. Morse, (collectively referred tosometimes as “Morse”) are residents of the State of Florida.3.Defendant, Scott W. Rothstein, (“Rothstein”), upon information and belief, is aresident of the State of Florida who has conducted substantial and not isolated business activityin the State of Florida, and in particular in Broward County, Florida. Rothstein was recentlydisbarred by the Florida Bar, but at all material times held himself out to the public as a licensedattorney and managing partner of the Rothstein, Rosenfeldt, Adler (“RRA”) law firm.4.Defendant, Steven H. Osber, (“Osber”), holds himself out as a licensed Floridaattorney, and at all times material has ostensibly been a partner at the firm of RRA in Fort524930-1

Lauderdale, Florida. As such, Mr. Osber has regularly conducted substantial and not isolated business activity in the State of Florida, and is subject to the jurisdiction and venue of this Court.5.Defendant, Stuart A. Rosenfeldt (“Rosenfeldt”) has held himself out during allmaterial times as a licensed Florida attorney as well as a co-founding shareholder and Presidentof the law firm of RRA. Rosenfeldt has conducted substantial and not isolated business activityin the State of Florida, and is subject to the jurisdiction and venue of this Court.6.Defendant, Russell S. Adler (“Adler”) has held himself out during all materialtimes as a licensed Florida attorney as well as a name Partner and Vice President of the law firmof RRA. Adler has conducted substantial and not isolated business activity in the State of Florida, and is subject to the jurisdiction and venue of this Court.7.Defendant Howard A. Kusnick (“Kusnick”) has held himself out during allmaterial times as a licensed Florida attorney and Partner in the RRA law firm. Kusnick hasconducted substantial and not isolated business activity in the State of Florida, and is subject tothe jurisdiction and venue of this Court.8.Defendant Leslie “Les” Stracher (“Stracher”) has held himself out during allmaterial times as a licensed Florida attorney, and as a Partner in the RRA law firm. Stracher hasconducted substantial and not isolated business activity in the State of Florida, and is subject tothe jurisdiction and venue of the Court.FACTUAL BACKGROUND OF CASES HANDLED BY RRA FOR MORSEThe Jan Jones Case524930-1

9.Sometime in 2006, Plaintiffs retained Defendant, Scott Rothstein to representthem in an action they wished to file against Jan Jones International, Inc. a/k/a Icon by Jan Jones(“Jones”), arising from a dispute concerning designer services provided by Jones at Morses’townhouse property in Boca Raton.10.Defendants, Rothstein and Osber filed suit on behalf of Edward and Carol Morsein the Circuit Court of the 15

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Judicial Circuit in and for Palm Beach County, Florida, under Case Number 2006-CA-004523XXXMB AB (“Jan Jones case”). Upon information and belief,Osber had day to day responsibility for the handling of the file, while Rothstein at all materialtimes became the conduit of information to and from the firm and Morse.11.Plaintiffs are informed and reasonably believe that counsel representing them inthe Jan Jones case have failed to meaningfully communicate with Morse, failed to advise them of scheduled depositions, negotiated a purported settlement on behalf of Plaintiffs without their knowledge and consent, and have consented to sanction orders arising from Plaintiffs’ failure tosign a Settlement Agreement that was never presented to, or agreed as to terms, by Plaintiffs.The Builder Services Case12.In June, 2007, a lawsuit was filed in Palm Beach Circuit Court under Case No.502007CA009733XXXXMB by Plaintiff Builder Services Group Inc. (the “Builder Servicescase”) in which Ed and Carol Morse were listed as Defendants.13.Plaintiffs retained Rothstein to assist them in the matter, and Osber was againgiven day to day responsibility for the matter.14.Ed and Carol Morse were served with process on or about July 13, 2007, and noresponsive pleadings were timely filed on their behalf by Defendants, thus resulting in entry of aDefault against Plaintiffs in August 2007.524930-1

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