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Filing # 76358911 E-Filed 08/13/2018 03:07:39 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,


IN AND FOR LAKE COUNTY, FLORIDA

DCS REAL ESTATE INVESTMENTS, LLC,


a Florida limited liability company, THE CLUB
AT BELLA COLLINA, LLC, a Florida limited
liability company

Plaintiffs,

v. CASE NO.: 2017-CA-0667

DON K. JURAVIN, a/k/a


DON ADI JURAVIN, an individual

Defendant.
_____________________________________/

PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT


TO ADD RANDALL F. GREENE AS A PLAINTIFF

The plaintiffs, DCS Real Estate Investments, LLC (“DCS”), and The Club at Bella

Collina, LLC (“Bella Collina”) (collectively, the “plaintiffs”), through their undersigned counsel

and pursuant to Rules 1.190(a) and 1.250(c), Florida Rules of Civil Procedure, file this Motion to

Amend the Complaint to Add Randall F. Greene as a Plaintiff, and in support thereof states as

follows:

1. The plaintiffs initiated this action on April 12, 2017. Pursuant to Rule 1.190(a),

Florida Rules of Civil Procedure, leave of court is necessary in order for the plaintiffs to amend

the complaint to add Randall F. Greene as a plaintiff.

2. Randall F. Greene is the President of the Bella Collina Property Owner’s

Association, Inc., and the Chairman of the Bella Collina Community Development District. He is

personally named in the majority of the online posts that are the subject of this action. He has

been damaged as a result of the defendant’s actions against him.


3. The plaintiffs seek to amend the complaint to add Mr. Greene as a plaintiff. A true

and correct copy of the plaintiffs’ third amended complaint is attached as Exhibit “A.”

4. Florida Rule of Civil Procedure 1.190(a) states that “[l]eave of court shall be

given freely when justice so requires.” Additionally, public policy favors the liberal amendment

of pleadings. Sun Valley Homeowners, Inc. v. American Land Lease, Inc., 927 So.2d 259, 262

(Fla. 2d DCA 2006).

5. A party should be given leave to amend a pleading unless allowing the

amendment would prejudice the other party, the party has abused the amendment privilege, or

the amendment would be futile. Morgran Co. Inc. v. Orange Cty., 818 So.2d 640 (Fla. 5th DCA

2002). None of these factors are present here. This case is in the early stages of litigation and no

party will be prejudiced by the Court granting the requested amendment. This motion is made in

good faith. Moreover, the addition of Mr. Greene as a plaintiff in this lawsuit will not delay these

proceedings.

WHEREFORE, the plaintiffs respectfully request that the Court enter an order granting

leave to amend as set forth above and granting such additional relief as the circumstances

warrant.

Dated this 13th day of August, 2018.

/s/ Nicole L. Ballante


MICHAEL D. CROSBIE, ESQ.
Florida Bar No. 72575
mcrosbie@shutts.com
WILLIAM C. MATTHEWS, ESQ.
Florida Bar No. 0112079
wmatthews@shutts.com
NICOLE L. BALLANTE, ESQ.
Florida Bar No. 0125356
nballante@shutts.com
SHUTTS & BOWEN LLP
300 S. Orange Avenue, Suite 1600

2
Orlando, Florida 32801
Telephone: (407) 835-6796
Fax: (407) 849-7275
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

I certify that on August 13, 2018, a true and correct copy of the foregoing was
electronically filed with the Clerk of Court using the Florida ePortal system which will send a
notice of electronic filing to all counsel of record.

/s/ Nicole L. Ballante


NICOLE L. BALLANTE, ESQ.

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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR LAKE COUNTY, FLORIDA

DCS REAL ESTATE INVESTMENTS, LLC,


a Florida limited liability company, THE CLUB
AT BELLA COLLINA, LLC, a Florida limited
liability company, RANDALL F. GREENE, an
individual

Plaintiffs,

v. CASE NO.: 2017-CA-0667

DON K. JURAVIN, a/k/a


DON ADI JURAVIN, an individual

Defendant.
_____________________________________/

THIRD AMENDED COMPLAINT

The plaintiffs, DCS Real Estate Investments, LLC (“DCS”), The Club at Bella Collina,

LLC (“Bella Collina”), and Randall F. Greene (“Mr. Greene”) (collectively, the “plaintiffs”), by

and through the undersigned counsel, sue the defendant Don K. Juravin, a/k/a Don Adi Juravin

(the “defendant” or “Mr. Juravin”), and state as follows.

Parties, Jurisdiction, and Venue

1. This is a cause of action for damages in excess of $15,000.00, exclusive of costs,

interest, and attorney fees, and is otherwise within the jurisdiction of the Court.

2. DCS is a Florida limited liability company with its principal place of business in

Palm Beach County, Florida, which at all times material to this matter conducted business in

Lake County, Florida.

Exhibit A
3. Bella Collina is a Florida limited liability company with its principal place of

business in Palm Beach County, Florida, which at all times material to this matter conducted

business in Lake County, Florida.

4. Mr. Greene is an individual resident of Lake County, Florida. Mr. Greene is the

President of the Bella Collina Property Owner’s Association, Inc., and the Chairman of the Bella

Collina Community Development District.

5. Mr. Juravin is an individual resident of Lake County, Florida.

6. Jurisdiction over Mr. Juravin exists because Mr. Juravin resides and/or conducts

business in Florida.

7. Venue is proper in Lake County, Florida, pursuant to §47.011, Florida Statutes,

because Mr. Juravin resides in Lake County, Florida and the cause of action accrued in Lake

County, Florida.

8. The plaintiffs have performed or satisfied all conditions precedent to recovery

against Mr. Juravin or, in the alternative, all conditions precedent have been waived or otherwise

excused.

Count I - Libel

9. This is an action against Mr. Juravin for damages in an amount to be shown at

trial, exclusive of interest, cost, and attorney fees for defaming the plaintiffs.

10. The plaintiffs restate and reallege paragraphs 1 through 8 and incorporate them by

reference.

11. On numerous instances from late 2015 to present, Mr. Juravin published false and

libelous statements online through various mediums about the plaintiffs and their related

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business entities. True and correct printouts of Mr. Juravin’s false and defamatory statements

(the “Juravin Statements”) are attached hereto as Composite Exhibit “A.”

12. The Juravin Statements are false, fabricated, defamatory, and untruthful.

13. Mr. Juravin is known for posting online statements similar to the Juravin

Statements towards other Florida businesses and individuals.

14. Mr. Juravin posts online statements under his name, “Don Juravin,” and other

pseudonyms including, but not limited to, “Don Adi Juravin,” “Don Karl Juravin,” “Don ‘Don J’

J.,” “Nathan,” and “Real Estate Agent.”

15. Mr. Juravin’s false and libelous statements were published to third parties,

typically in the form of fake online reviews, as evidenced by Composite Exhibit “A.”

16. The Juravin Statements were intentionally, knowingly, and maliciously made to

third parties, made without reasonable care as to the truth or falsity of those statements, made to

inflict damages and/or financial loss upon the plaintiffs, to tarnish the plaintiffs’ reputation and

businesses, and to damage the plaintiffs’ future business relationships.

17. The plaintiffs and their related business entities have been injured and suffered

damages and/or financial loss including, without limitation, economic, non-economic, and

special damages as a result of Mr. Juravin’s publication of the Juravin Statements.

Wherefore, the plaintiffs respectfully request the Court to enter a Final Judgment in their

favor and against the defendant, Don K. Juravin, a/k/a Don Adi Juravin, for all damages and

equitable relief permitted by the Court including, but not limited to:

(a) All damages incurred by the plaintiffs as a result of Mr. Juravin’s actions;

(b) Injunctive relief ordering Mr. Juravin to remove the previous false postings aimed at

the plaintiffs and to stop posting defamatory reviews aimed at the plaintiffs;

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(c) Costs and interest as permitted by rule or law; and

(d) Such additional relief as the Court deems appropriate.

Count II – Tortious Interference With Business Relationships

18. This is an action against Mr. Juravin for damages in an amount to be shown at

trial, exclusive of interest, cost, and attorney fees for tortious interference with business

relationships.

19. The plaintiffs restate and reallege paragraphs 1 through 8 and incorporate them by

reference.

20. Business relationships exist between the plaintiffs and purchasers and/or

prospective purchasers of the plaintiffs’ property at the Bella Collina residential community, and

purchasers of services, including weddings and events at the Bella Collina residential

community.

21. Mr. Juravin has knowledge of these business relationships. Indeed, Mr. Juravin

has made defamatory comments specifically about weddings and events at Bella Collina.

22. On numerous occasions, Mr. Juravin has hung large banners (“the banners”) on

his property that slander and defame the plaintiffs. The banners contain false and defamatory

information regarding the plaintiffs, the plaintiffs’ entities, and/or the plaintiffs’ personnel. A

true and correct picture of the banner is attached hereto as Exhibit “B.”

23. The banners also violate certain rules set forth in the Second Amended and

Restated Declaration of Covenants, Conditions, and Restrictions for Bella Collina and

Supplement Declaration (the “Declaration”), which governs the plaintiffs’ property and actions

taken towards the plaintiffs’ related property. Additionally, Mr. Juravin has affixed magnetic

signs to a vehicle he drives in and around the plaintiffs’ properties.

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24. The banners are visible from the road bordering Mr. Juravin’s property. The

magnetic signs on the vehicle are visible from the plaintiffs’ properties.

25. The plaintiffs have suffered irreparable harm as a result of Mr. Juravin’s actions.

Mr. Juravin has negatively affected the corporate plaintiffs’ ability to sell their property.

Purchasers and prospective purchasers of the corporate plaintiffs’ property are dissuaded from

buying property because of Mr. Juravin’s banners and actions, including his false online posts.

26. Additionally, the plaintiff, Mr. Greene, has been denied numerous business

opportunities, including being turned down for positions on several boards. Mr. Greene has lost

hundreds of thousands of dollars of potential income due to the false online posts by Mr. Juravin.

Specifically, Mr. Juravin has falsely accused Mr. Greene of being a member of the mafia, being a

criminal, and bullying residents at Bella Collina. Attached as Composite Exhibit “C” are

examples of the online posts Mr. Juravin has directed at Mr. Greene.

27. Moreover, Mr. Juravin’s actions were designed to, and in fact have, interfered

with relationships between Bella Collina and its events and weddings customers.

28. As a result of Mr. Juravin’s actions, Mr. Juravin has intentionally and

unjustifiably interfered with the business relationships of the corporate plaintiffs and of Mr.

Greene.

29. The plaintiffs have suffered damages as a result of Mr. Juravin’s interference with

the business relationships.

30. Monetary damages alone, are inadequate to compensate the plaintiffs for the

irreparable harm and injury caused by Mr. Juravin. An equitable remedy is warranted

considering the balance of hardships between the plaintiffs and Mr. Juravin, and an equitable

remedy would not disserve the public interest.

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Wherefore, the plaintiffs respectfully requests the Court to enter a Final Judgment in their

favor and against the defendant, Don K. Juravin, a/k/a Don Adi Juravin, for all damages and

equitable relief permitted by the Court including, but not limited to:

(a) All damages incurred by the plaintiffs as a result of Mr. Juravin’s actions;

(b) Temporary and permanent injunctive relief;

(c) Costs and interest as permitted by rule or law; and

(d) Such additional relief as the Court deems appropriate.

Dated this 13th day of August, 2018.

/s/ Nicole L. Ballante


MICHAEL D. CROSBIE, ESQ.
Florida Bar No. 72575
mcrosbie@shutts.com
WILLIAM C. MATTHEWS, ESQ.
Florida Bar No. 0112079
wmatthews@shutts.com
NICOLE L. BALLANTE, ESQ.
Florida Bar No. 0125356
nballante@shutts.com
SHUTTS & BOWEN LLP
300 S. Orange Avenue, Suite 1600
Orlando, Florida 32801
Telephone: (407) 835-6796
Fax: (407) 849-7275
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

I certify that on August 13, 2018, a true and correct copy of the foregoing was
electronically filed with the Clerk of Court using the Florida ePortal system which will send a
notice of electronic filing to all counsel of record.

/s/ Nicole L. Ballante


NICOLE L. BALLANTE, ESQ.

ORLDOCS 16272776 1

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