Filing # 180367407 E-Filed 08/23/2023 04:09:30 PM

IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

LINDA L. CHEN,

Plaintiff, Case No.:

v.

TIMOTHY J. GALVIN, T.G.E., LLC d/b/a

TOURNAMENT GOLF EVENTS,
ACE HOLE IN ONE, INC. and BOYLAND AUTO
ORLANDO, LLC d/b/a MERCEDES-BENZ
OF SOUTH ORLANDO,

Defendants.
/

COMPLAINT

The Plaintiff, Linda L. Chen ("Plaintiffor "Ms. Chen") sues the Defendants, TIMOTHY

J. GALVIN ("Galvie), T.G.E., LLC d/b/a TOURNAMENT GOLF EVENTS (TGE"), ACE

HOLE IN ONE, INC. ("ACF') and BOYLAND AUTO ORLANDO, LLC d/b/a MERCEDES-

BENZ OF SOUTH ORLANDO ("MBSO"), jointly and severally, and alleges:

Preliminary Statement
1. Ms. Chen's claim stems from the hole-in-one she made on the eleventh hole at

Isleworth Golf & Country Club in Windermere, Florida during the golf tournament fundraiser on

May 22, 2023 known as "Fins on the Fairway" benefitting Nova Southeastern University Orlando.

The tournament, as well as the hole-in-one competition, was organized and operated by Defendant

Timothy J. Galvin and his company, TGE.

2. TGE and Mercedes-Benz of South Orlando advertised a "Mercedes E Class

$90,000" as the prize for hitting a hole-in-one at the event on May 22, 2023 and placed a sign

advertising the prize on the eleventh hole. A photograph of the prize advertisement placed on the

1
eleventh hole is attached hereto as Exhibit A.

3. Ms. Chen verbally made her claim for the advertised prize immediately following

the tournament to Mr. Galvin who refused to engage in a discussion regarding the claim. Instead,

Mr. Galvin walked briskly to his vehicle and stated to Ms. Chen that she was never going to be

able to claim the prize vehicle before leaving the property abruptly without providing Ms. Chen

with the tournament pairings sheet or the contact information for the two non-playing witnesses

hired by Mr. Galvin who witnessed Ms. Chen's successful hole-in-one, two pieces of information

Mr. Galvin knew that Ms. Chen was required to submit with her claim.

4. Ms. Chen, through undersigned counsel, notified all Defendants of her claim via

email on May 23, 2023. Additionally, Ms. Chen submitted all required Proof of Claim materials

to Defendants pursuant to the Tournament Contract, attached hereto as Exhibit "B" via email on

May 31, 2023.

5. Following the submission of Ms. Chen's Proof of Claim materials, Mr. Galvin

responded via email that Ms. Chen's claim has been denied because of her former status as a

professional golfer more than fifteen (15) years ago.

Parties, Jurisdiction and Venue

6. This action seeks damages in an amount excess of $50,000, exclusive of interest,

attorneysfees and costs. Therefore, jurisdiction is proper in this Court.

7. Venue is proper in Orange County pursuant to Section 47.011, Florida Statutes. At

all times material to this action, Mr. Galvin was a resident of Orange County, Florida. At all times

material to this action, TGE's principal address was located in Orange County, Florida. Plaintiff

is also a resident of Orange County

8. Plaintiff, Linda L. Chen, is a resident of Florida residing in Orange County.

2
 9. Defendant, Timothy J. Galvin, the President of TGE, is a resident of Florida

residing in Orange County.

10. Defendant, TGE, is a Florida Limited Liability Company that is authorized to

conduct business within the State of Florida and which has a principal place of business located at

859 McCullough Ave, Apt 514, Orlando, Florida 32803.

11. Defendant, ACE, is a Florida, for profit corporation that is authorized to conduct

business within the State of Florida and which has a principal place of business located at 4309

Place Le Manes, Lutz, Florida 33558.

13. Defendant, MBSO, is a foreign Limited Liability Company that is authorized to

conduct business within the State of Florida and which has a principal place of business located at

4301 Millenia Blvd., Orlando, Florida 32839.

14. This action arises out of the breach of contractual and quasi-contractual obligations

that were to be performed in Orange County, Florida and statutory violations committed in Orange

County, Florida. Therefore, venue is proper in this Court pursuant to Fla. Stat §§ 47.011 and

47.051.

15. All conditions precedent to the initiation and maintenance of this action have been

performed, have occurred, are excused or have been waived.

General Allegations

16. Ms. Chen successfully made a hole-in-one on the eleventh hole at Isleworth Golf

& Country Club in Windermere, Florida during the Fins on the Fairway tournament fundraiser on

May 22, 2023 benefitting Nova Southeastern University Orlando.

17. Nova Southeastern University Orlando contracted with Isleworth Golf & Country

Club in Windermere, Florida to host the Fins on the Fairway tournament fundraiser on their site.

3
 18. Isleworth Golf & Country Club in Windermere, Florida then contracted Timothy

J. Galvin and his company, Tournament Golf Events, to organize and operate the tournament,

including the hole-in-one competition, for the benefit of Nova Southeastern University Orlando.

19. TGE and Mercedes-Benz of South Orlando advertised a "Mercedes E Class

$90,000" as the prize for hitting a hole-in-one at the event on May 22, 2023 and placed a sign

advertising the prize on the eleventh hole.

20. Prior to the May 22, 2023 Fins on the Fairway tournament, TGE entered into a

contract with Isleworth Golf & Country Club for services to organize and run the golf tournament

benefitting Nova Southeastern University Orlando, including the hole-in-one contest for registered

golfers in the Fins on the Fairway tournament.

21. Prior to the May 22, 2023 Fins on the Fairway tournament, TGE entered into the

Tournament Contract with Ace Hole In One to provide hole-in-one prize coverage for the Fins on

the Fairway tournament in the event of a hole-in-one being made during the tournament.

22. Ms. Chen's hole-in-one during tournament play was made from the designated

tournament tee box, as set up by Mr. Galvin and TGE.

23. Ms. Chen's hole-in-one during tournament play was witnessed by two non-playing

witnesses hired by Tim Galvin, President of Tournament Golf Events, LLC, and by her playing

partner, Theodora Uniken Venema, who provided the required Playing Partner Affidavit and

videotaped Ms. Chen's walk from the tee box to retrieve her ball from the hole.

24. Ms. Chen's hole-in-one during tournament play was also witnessed by her caddie,

Charles Arias, who provided an attested witness statement and her two additional playing partners,

Carey Carter and Felipe Quiroga, who provided the required Playing Partner Affidavits.

25. Ms. Chen submitted substantially all required Proof of Claim materials to

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Defendants pursuant to the Tournament Contract via email from her counsel on Wednesday, May

31, 2023 at 9:35 a.m. Ms. Chen submitted an Amended Affidavit of Eligibility to Defendants on

Monday, June 5, 2023 at 1:09 p.m. The Defendants refused to provide Ms. Chen with the

tournament pairings sheet or the contact information for the two non-playing witnesses hired by

Mr. Galvin who witnessed Ms. Chen's successful hole-in-one.

26. On Wednesday, June 14, 2023, Mr. Galvin sent an email to Plaintiff s counsel

stating that "Ms. Chen's hole in one prize claim has been denied." Mr. Galvin's email is attached

hereto as Exhibit C.

27. Mr. Galvin's June 14, 2023 email denying Ms. Chen's claim stated Ms. Chen's

former status as a professional golfer as the sole reason her claim was denied. At the time of this

email, no claim denial letter from ACE had been received by Ms. Chen.

28. Ms. Chen has been officially registered with the USGA as an amateur for over

fifteen (15) years (GHIN No. 813581) and meets the definition of an "amateur golfee under both

the USGA guidelines and Ace Hole In One contract signed by the tournament client.

29. On June 29, 2023, Mr. Galvin sent an email to Ms. Chen and her counsel attaching

the claim denial letter from ACE dated June 14, 2023. The claim denial letter has been attached

hereto as Exhibit D.

30. Ms. Chen has hired the law firm of GrayRobinson, P.A., to represent her in this

action and has agreed to pay the law firm a reasonable fee for its services.

COUNT I —BREACH OF CONTRACT

(Galvin and TGE)

31. Plaintiff hereby re-alleges and incorporates Paragraphs 1-30.

32. Galvin, TGE and Mercedes-Benz of South Orlando jointly advertised a "Mercedes

E Class $90,000" as the prize for hitting a hole-in-one at the event on May 22, 2023 and placed a

5
sign advertising the prize on the eleventh hole, as shown in Exhibit A.

33. By showing up, entering the Fins on the Fairway golf tournament, her host paying

the entry fees, and hitting a hole-in-one on the eleventh hole of the Isleworth Golf & Country Club

during the Fins on the Fairway golf tournament, Plaintiff accepted the Defendantsoffer, formed
a contract, paid consideration, and fulfilled her obligations under the contract.

34. Plaintiff was at all times and in all ways in compliance with the Tournament

Contract.

35. Defendants breached the contract by failing to transfer title to the advertised

Mercedes-Benz E Class to Plaintiff or pay the value of $90,000.

36. As a direct and proximate cause and result of Defendants' joint enterprise and
breach of contract providing Plaintiff with an opportunity to win a Mercedes-Benz E Class by

hitting a hole in one on the eleventh hole of the Fins on the Fairway golf tournament on May 22,

2023, Plaintiff has suffered damages for which she seeks compensation.

37. Plaintiff is entitled to recover damages in an amount to be proven at trial, including

but not limited to the advertised Mercedes-Benz E Class or $90,000, the advertised value of the

vehicle.

COUNT II —BREACH OF CONTRACT

(ACE)

38. Plaintiff hereby re-alleges and incorporates Paragraphs 1-30.

39. Prior to the May 22, 2023 Fins on the Fairway tournament, TGE entered into the

Tournament Contract with Ace Hole In One to provide hole-in-one prize coverage for the Fins on

the Fairway tournament in the event of a hole-in-one being made during the tournament.

40. Galvin, TGE and Mercedes-Benz of South Orlando jointly advertised a "Mercedes

E Class $90,000" as the prize for hitting a hole-in-one at the event on May 22, 2023 and placed a

6
sign advertising the prize on the eleventh hole.

41. By showing up, entering the Fins on the Fairway golf tournament, her host paying

the entry fees, and hitting a hole in one on the eleventh hole of the Isleworth Golf & Country Club

during the Fins on the Fairway golf tournament, Plaintiff accepted the Defendantsoffer, formed
a contract, paid consideration, and fulfilled her obligations under the contract.

42. Plaintiff was at all times and in all ways in compliance with the Tournament

Contract.

43. ACE promised to pay a claim made by TGE, if a registered golfer in the Fins on

the Fairway golf tournament made a hole-in-one at the designated hole from the designated tee

boxes.

44. ACE breached its contract when it denied the claim made by TGE after Ms. Chen

made a hole-in-one on the eleventh hole at the Fins on the Fairway golf tournament.

45. ACE breached the contract by failing to transfer title to the advertised Mercedes-

Benz E Class to Plaintiff or pay the value of $90,000.

46. As a direct and proximate cause and result of Defendants' joint enterprise and
breach of contract providing Plaintiff with an opportunity to win a Mercedes-Benz E Class by

hitting a hole-in-one on the eleventh hole of the Fins on the Fairway golf tournament on May 22,

2023, Plaintiff has suffered damages for which she seeks compensation.

47. Plaintiff is entitled to recover damages in an amount to be proven at trial, including

but not limited to the advertised Mercedes-Benz E Class or $90,000.

COUNT III —NEGLIGENCE

(Galvin and TGE)

48. Plaintiff hereby re-alleges and incorporates Paragraphs 1-30.

49. TGE and Galvin had a duty to perform their contract with Isleworth Golf & Country

7
Club benefitting Nova Southeastern University Orlando by organizing, conducting, overseeing and

controlling the hole-in-one contest at the Fins on the Fairway golf tournament.

50. TGE and Galvin had a duty to do everything necessary which included, but was not

limited to supervision, control and independent witnessing of the hole-in-one contest.

51. TGE and Galvin breached their duty and were negligent by not supervising or

controlling the hole-in-one contest in accordance with the terms and conditions of the ACE

Tournament Contract.

52. As a result of TGE's and Galvin's negligence, ACE denied Ms. Chen's claim when

a hole-in-one was made at the Fins on the Fairway golf tournament on May 22, 2023.

53. As a result of TGE's and Galvin's negligence, they are rightfully responsible for

the $90,000 value of the Mercedes-Benz E Class owed to Ms. Chen.

54. As a direct and proximate cause and result of TGE's and Galvin's negligence,

Plaintiff has suffered damages for which she seeks compensation.

55. Plaintiff is entitled to recover damages in an amount to be proven at trial, including

but not limited to the advertised Mercedes-Benz E Class or $90,000.

COUNT IV —
DAMAGES FOR UNFAIR AND DECEPTIVE TRADE PRACTICES
(All Defendants)

56. Plaintiff hereby re-alleges and incorporates Paragraphs 1-30.

57. Defendants, acting jointly, severally and in concert with each other, are guilty of

unfair and deceptive acts, unconscionable acts, and unfair and deceptive trade practices in their

actions toward Plaintiff.

58. Defendants jointly advertised a "Mercedes E Class $90,000" as the prize for hitting

a hole-in-one at the event on May 22, 2023 and placed a sign advertising the prize on the eleventh

hole, inducing Plaintiff and other golfers participating in the event to participate in the hole-in-one

8
competition.

59. By showing up, entering the Fins on the Fairway golf tournament, hosts paying the

entry fees, and hitting a hole-in-one on the eleventh hole of the Isleworth Golf & Country Club

during the Fins on the Fairway golf tournament, Plaintiff and other golfers participating in the
event accepted the offer, formed a contract, paid consideration, and fulfilled their obligations under

the contract.

60. The purpose of the Florida Deceptive and Unfair Trade Practices Act is to protect

consumers, such as Ms. Chen, from those who engage in unfair methods of competition, or

unconscionable, deceptive or unfair acts or practices in the conduct of any trade or commerce.

Section 501.202(2), Florida Statutes (2022), such as offering to provide a product, service, or prize

that is not, in fact, available.

61. Unfair methods of competition, unconscionable acts or practices, and unfair or

deceptive acts or practices in the conduct of any trade or commerce have been declared unlawful

in Florida. Section 501.204(1), Florida Statutes (2021).

62. The Defendants knew of the existence of the Tournament Contract, and despite

such knowledge, they conspired to breach that agreements and they have intentionally and

wrongfully denied Ms. Chen's valid claim to the Mercedes-Benz E Class ($90,000) as advertised

as the prize for making a hole-in-one at the Fins on the Fairway golf tournament.

63. As a result of the unconscionable, unfair and deceptive acts and trade practices

perpetrated by the Defendants, Plaintiff has suffered damages in an amount in excess of

$90,000.00.

64. Plaintiff has retained the undersigned law firm to represent her in this case and are

obligated to pay the firm a reasonable fee for its services. Plaintiff is entitled to recover her

9
reasonable attorneysfees and costs from the Defendants pursuant to Section 501.2105(1), Florida

Statutes (2022).

WHEREFORE, Plaintiff respectfully requests the Court enter a judgment for damages

against all Defendants, jointly and severally, together with prejudgment interest, attorneys' fees

and costs.

COUNT V -
VIOLATION OF SECTION 849.094, FLORIDA STATUTES (2022)
(All Defendants)

65. Plaintiff hereby re-alleges and incorporates Paragraphs 1-30.

66. Section 849.094, Florida Statutes (2022), applies to game promotions in

connection with the sale of consumer

products or services.

67. Section 849.094(1)(a), Florida Statutes (2022), defines a "game promotioe as, "a

contest, game of chance, sweepstakes, or gift enterprise, conducted by an operator within or

throughout the state and other states in connection with and incidental to the sale of consumer

products or services, and in which the elements of chance and prize are present."

68. Section 849.094(1)(b), Florida Statutes (2022), defines an "operator" as, "retailer

who operates a game promotion or any person, firm, corporation, organization, or association or

agent or employee thereof who promotes, operates, or conducts a nationally advertised game

promotion."

69. The hole-in-one contest on the eleventh hole during the subject golf tournament

fundraiser on May 22, 2023 is covered by Section 849.094 as a game promotion operated by

Defendants TGE and MBSO.

70. Section 849.094(2)(a), Florida Statutes (2022), makes it unlawful for any operator

to design, engage in, promote, or conduct such a game promotion, in connection with the

10
promotion or sale of consumer products or services, wherein the winner may be predetermined or

the game may be manipulated or rigged.

71. Defendants conducted the hole-in-one contest on the eleventh hole of the Isleworth

Golf & Country club in such a manner so that it did not comply with the Tournament Contract and

any claim for the prize would be denied.

72. The Defendant's rigged the hole-in-one contest so that no tournament entrant could

win the advertised prize.

73. A violation of this section, or soliciting another to commit an act that violates this

section, constitutes a deceptive and unfair trade practice actionable under the Florida Deceptive

and Unfair Trade Practices Act pursuant to Section 849.094(11), Florida Statutes (2022).

PRAYER FOR RELIEF

WHEREFORE Plaintiff, Linda L. Chen, respectfully prays this Court find: (i) Defendants

are in material breach of the partiescontract, have been negligent, have committed

unconscionable, unfair or deceptive acts or trade practices and/or violated Section 849.094(2)(a),

Florida Statutes (2022) and that injustice can only be avoided by enforcing Defendants' promise

to transfer title of the Mercedes-Benz E Class or awarding $90,000 to Plaintiff together with

prejudgment interest; (ii) awarding Plaintiff s attorneys' fees and costs pursuant to Section

501.2105(1), Florida Statutes (2021); and (iii) for all other proper relief to which this Court finds

Plaintiff may be entitled and justice so requires.

11
DATED this 23rd day of August, 2023.

/s/ Dylan J. Hooper

JOHN M. BRENNAN
Florida Bar No.: 297951
Primary E-Mail Address:
Jay.Brennan@Gray-Robinson.com
Secondary E-Mail Address:
Jessica.Rolon@Gray-Robinson.com
DYLAN J. HOOPER
Florida Bar No. 1018147
Primary E-Mail Address:
Dylan.Hooper@Gray-Robinson.com
GrayRobinson, P.A.
301 E. Pine Street, Suite 1400
Post Office Box 3068
Orlando, Florida 32802-3068
(407) 843-8880 Telephone
(407) 244-5690 Facsimile
Attorneys for Plaintiff Linda Chen

12
EXHIBIT A
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EXHIBIT B
IMPORTANT: REMIT PAYMENT TO:
E
It is
IMPERATIVE that the Sponsor Not /4. Ace Hole One
ln
complies with all terms & conditions •fr '4309 Place Le Manes
'qv (1^
found in this contract, PAYMENT Lutz. FL 33558
•
& SIGNED CONTRACT must be
Phone #: 813-382-3221
received prior to the start of the event. Fax: 813-438-4890
Fed. Tax IlDtt: 82-1763011

Golf Hole In One Contract -

This Contract serves as your Invoice

Tournament Contract / Invoice: # 203033

Company Name: TGE, LLC. Tournament Golf Events Date Contract Issued: 05-19-23
Client Contact:Tim Galvin Contract Amount: $2,044
Address: P.O. Box 536146 Refund of event: $2,044
City: Orlando State: FL Zip: 32853-6146 Payment Balance Due: $2.044
Phone: 407-963-6026 Email: tgolfevents@grnail.com
Fax:

Name of Event: ACI CF

Sponsor Name: TGE, LLC. Tournament Golf Events

Tournament Lead: Tim Galvin
Phone: 407-963-6026
Email: tgollevents@gmail,com

Event Location: Isleworth CC

Address: 6100 Payne Stewart Dr.
City. Windermere State: FL Zip: 34786
Contact Name: Tim Galvin Phone: 407-366-1211 Email: tgolfevents@gmail.com

Event Datefsl Start Time Amateurs

Pros. Tour pros Total
Monday —
05-22-23 100 0 0 1;10

Hole # Men's Yardage Women's Yardage Value Prize Description Course Sign

5 170 155 $90,000 Car Isleworth CC N

11 170 155 $90,000 Isleworth CC N

Car

'Women (Amateurs Only) may play a minimum of 15 yards closer ((o a minimum of 130 yards) on the main prize and bonus prize holes'

Comments: Contact Kim Malatesta with any questions and to arrange payment. Phone: 407-408-6460, Fax: 813-438-4890,
Email:

ient Signature: "4"".—C"."""

Date: 0 - -
z

Sponsor agrees to protect, indemnify, and hold harrnless Ace Hole ln One frorn any cost or expense arising from any and all claims by tournament contestants
alleged to have been caused by an act of omission, negligent, or otherwise, of the sponsor or tournament director. Contract not valid unless signed and returned
with payment prior to the event. Any fulfillment provided would be based upon the terms and conditions on page 2 of this contract, all of which the
Sponsor
acknowledges 10 have read and to understand and be willing 10 abide by.
Dylan Hooper
From: Tim Galvin <tgolfevents@gmail.com>
Sent: Wednesday, June 14, 2023 9:38 AM
To: Dylan Hooper
Cc: Dominic Ford; Scott Malatesta; rebeccar@nova.edu; John M. "Jay" Brennan; Linda Chen;
Kim Malatesta
Subject: Re: FW: Submission of Claim -

Linda Chen (5/22/23 Hole In One)

This message originated outside of Gray Robinson.

Mr. Hooper:

Ms. Chen's hole in one prize claim has been denied.

Her former professional status excludes her eligibility.

Striking out that elernent on the affidavit does not change that.

Sincerely,
Timothy Galvin
J.
Tournament Golf Events, LLC.
407-963-6026

On Mon, Jun 5, 2023, 1:10 PM Dylan Hooper <Dylan.Hooper@gray-robinson.com> wrote:

All,

1 have attached Ms. Chen's Amended Affidavit of Eligibility here as referenced in rny enlail below.

As of today, you are all in receipt of all of Ms. Chen's Proof of Claim materials and should have what you
need to review her claim. We look forward to hearing your response upon review of Ms. Chen's claim.

Please feel free to reach out to me to discuss Ms. Chen's claim further either via email or at my direct line,
407-244-5632.

Best Regards,
 T 407.843.8880
F 407.244.5690
Dylan Hooper N _

Of Counsel
%1E11114//)W) \ in
_
_.

GrayRoblnson, P.A. •
301 East Pine Street, Suite 1400, Orlando, Florida 32801

GRAYROBINSON
AT1ORNEVS I ADVISORS I CONSULTANTS

From: Dylan Hooper <Dylan.Hooper@gray-robinson.com>

Sent: Wednesday, May 31, 2023 11:59 AM
To: Tirn Galvin <tgolfevents@gmail.com>; dfordembso.com; scott@acehio.com; rebeccarQnova.edu
Cc: Linda Chen <findachen08@vahoo.com>; John M. "Jay" Brennan clay.BrennanAgray-robinson.corn>;
kimQacehio.com
Subject: FW: Submission of Claim Linda Chen (5/22/23 Hole In One)
-

Importance: High

All,

I ant sending this as a follow up and clarification to my below entail regarding Ms. Chen's claim.

Ms. Chen competed professionally from 1994 to 1996 but has since regained her status as an amateur with the
USGA as referenced in my earlier email below.

Due to Ms. Chen's former status as a professional, we are hereby arnending Ms. Chen's Affidavit of Eligibility
to strike through the language indicating that Ms. Chen is not a "formee professional golfer. The failure to
strike that language from the affidavit sent this rnorning was an oversight.

Still, Ms. Chen's claim is valid despite her former status as a professional in the mid-1990s. The attached
contract for the tournament at Isleworth on 5/22/2023 provides that "Amateur Golfers Only" are eligible for
the prize. The attached contract defines amateur golfers using the USGA guidelines and does not contain
language prohibiting former professionals from eligibility for the prize.

Please feel free to reach out to me to discuss this clarification or Ms. Chen's claim further.
1les1 Rcpards.

T 407.843.8880
F 407.244.5690
Dylan Hooper
Of Counsel
•
,1 •
i1t/0,,f;
Gray Robinson, P.A. •

301 East Pine Street, Suite 1400, Orlando, Florida 32801

GRAYROBINSON
ATTORNEYS I ADVISORS I CONSULTANTS

From: Dylan Hooper <Dylan.Hooper@gray-robinson.corn>

Sent: Wednesday, May 31, 2023 9:35 AM
To: Tim Galvin <tgolfevents@gmail.com>; dford@mbso.com; scott@acehio.com; rebeccar@nova.edu
Cc: John M. "Jay" Brennan <Jay.BrennanQgray-robinson.corn>; kirn@acehio.corn; Linda Chen
lindachen08Ayahoo.com>
Siibject: Submission of Claim Linda Chen (5/22/23 Hole In One)
-

Importance: High

All,

As you know, our firm has been retained to represent Linda Chen in her claim stemming from her hole-in-one
hit during the tournament fundraiser on 5/22/23 benefitting Nova Southeastern University Orlando. The
tournament took place at Isleworth Golf & Country Club in Windermere, Florida and was
organized by Tim
Galvin and Tournament Golf Events, Inc.

This email is toserve as the submission of Ms. Chen's claim and to provide the required Proof of Claim materials
under the terms of the operative agreement between the tournament director and Ace Hole In One.

Ms. Chen's hole-in-one during tournament play was witnessed by two non-playing witnesses hired by Mr.
Galvin, and by all of her playing partners. Attached you will find Ms. Chen's executed Affidavit of Eligibility
as well as witness affidavits signed by each of her three playing partners. As of the writing of this email, Mr.
Galvin has refused to provide the contact information for the witnesses hired by Tournament Golf Events, Inc. I
have attached a list of tournament volunteers to this ernail. Please provide us with the narnes and contact
information of the two non-playing witnesses hired by Mr. Galvin who witnessed Ms. Chen's hole-in-one as
soon as possible. I have also attached a witness statement from Charles Arias, who served as a caddie to Ms.
Chen's group during the tournament.
Also attached are copies of Ms. Chen's Driver's License and Scorecard as required and a
photograph of Ms.
Chen and her playing partner prior to hitting her hole-in-one on the 11'1' hole.

Ms. Chen has worked diligently to acquire the tournament pairings sheet. However, Rebecca Rosenthal, Senior
Associate Counsel for Nova Southeastern University, has stated that Nova Southeastern will not provide us with
the official pairings sheet for the tournament, as required under the Ace Hole In One agreement, absent a court
order.

Again, Ms. Chen has been officially registered with the USGA as an amateur for over fifteen (15) years and
meets the definition of an "amateur golfer" under both the USGA guidelines and the operative Ace Hole In One
agreement.

With this email, Ms. Chen has now provided the Proof of Clairn materials under the terms of the contract within
ten (10) business days of today's date as required. Ms. Chen has met all requirements under the operative
agreement and submits her claim is for the "Mercedes E Class $90,000" as promoted on the attached sponsor
prize board. The prize is sponsored by Mercedes-Benz South Orlando and Mr. Ford has been included on this
submission of claim email.

If Ms. Chen's valid claim is denied, we are prepared to take the necessary legal action to pursue Ms. Chen's case
in court.

Please direct any response to both Jay Brennan and rne via ernail or to the Orlando office of GrayRobinson
located at 301 E Pine St # 1400, Orlando, FL 32801.

Regards,

T 407.843.8880
F 407.244.5690
Dylan Hooper
Of Counsel, f in

GrayRobinson, P.A. •
301 East Pine Street, Suite 1400, Orlando, Florida 32801

G R AY ROB I N SON
ATTORNEYS I ADVISORS I CONSULTANTS

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EXHIBIT D
 06-14-23

Tim Galvin
Tournament Golf Events, LLC
P.O. Box 536146
Orlando, FL 32853-6146

Tim,

In reference to the reported Hole In One on Contract #203033 at Isleworth Country Club on
May 22^d, 2023 we have denied this claim based on the following:

The Notarized Players Affidavit was signed by Ms. Chen confirming that she was not
a former professional golfer. Ms. Chen was a Professional Golfer and thus is
ineligible for the prize.
On the Players Affidavit that Ms. Chen Signed and had Notarized has the yardage
played at 115 yards. Signed contract #203033 had the Wornen's yardage at a
minimum of 155yards which also disqualifies this claim

Based on the above facts we are denying this Hole In One Claim.

If you have any questions, my contact information is below.

Thank You,

Scott Malatesta
President Ace Hole In One
-

insuring the opportunity of a Lifetime

(813) 382-3221 direct
(813) 438-4890 fax
4309 Place Le Manes
Lutz, FL 33558
U.S.A.
www.acehio.com