Case Number: CACE-15-014236 Division: 04 Filing 30745357 E-Filed 08/11/2015 04:40:17 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA SUPERIOR MOVING STORAGE, INC., a Florida corporation, GENERAL CIVIL DIVISION Plaintiff, CASE NO.: v, WALTER CHISLAK and DENA CHISLAK, Defendants. COMPLAINT Plaintiff, SUPERIOR MOVING STORAGE, by and through its undersigned counsel, sues Defendant, WALTER CHISLAK and DENA CHISLAK (?Chislak?), and states: NATURE OF THE ACTION I. This is an action for damages in excess of $15,000 for defamation, and therefore within the jurisdiction of this Court. 2. Plaintiff, SUPERIOR MOVING STORAGE, INC. (?Superior?), is a Florida corporation organized and existing under the laws ofthe State of FIorida. 3. Defendants, Chisiak, are individuals residing in Palm Beach County, Florida and are sui juris. IURISDICTION AND VENUE 4. This Court has personal jurisdiction over the Defendant inasmuch as they are residents of the State of Florida. 5. Venue is proper in Broward County, Florida as the contract of the parties provides for mandatory venue for any action to be in Broward County, Florida. FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/11/2015 4:40:17 6. Superior is a licensed and insured moving company that provides local and long distance moving services for both residential and commercial businesses. It also offers storage services in a fully air conditioned and secure storage facility. 7. On or about May 2015, Superior and Chislak executed a South Florida Contract for Services/Bill of Lading (the ?Contract?) for a residential move, and thereafter, Defendant executed the following documents two Inventory Options declining a written inventory and agreeing to note any damage to Chislak's goods on the Contract after the move. Copies of each of the documents is attached as composite Exhibit A 8. Pursuant to the Contract, Superior performed the move in accordance with the parties? agreement. 9. Despite the fact that Superior fulfilled its contract, the Defendants have been defaming Superior in online postings. Defendants, through the Yelp account of Dena C. published the following false statements about Superior: "The movers Arrived 1.5hrs late into 31 If my 4hr elevator reservation with the condo. Almost every single piece of furniture was damaged including the TV which was completely destroyed with a smashed screen.? ?They clearly do not care about customer service or customer satisfaction or in this case even ethical treatment.? 10. Each and every one of the above statements is false. 11. Superior has been required to retain the undersigned counsel to represent it in this action and is obligated to pay said counsel a reasonable fee for services rendered. 12. As a direct and proximate result of the foregoing false statements, Superior has been damaged. WHEREFORE, Plaintiff, Superior, respectfully demands judgment in its favor against Defendants Chislak, for compensatory damages, special damages including lost profit and revenue, attorney?s fees pursuant to the Contract, and such additional relief as this Court deems just and proper. IURY DEMAND Plaintiff demands trial by jury of all claims so triable. MICHAEL B. MANES, RA. Attorney for Plaintiff 950 S, Pine Island Rd, A-150 Plantation, FL 33324 Telephone: [954] 523--1844 Email: michael@maneslegal.com By: l/S/ Michael B. Manes Florida Bar 372684 COMPOSITE EXHIBIT A . sound FLORIDA CONTRACT FOR or LADING 35 fig mum SUPERIOR MOVING STORAGE. INC. 2055 ELOUNT ROAD 'summR Moth 5 STORAGE IS POMPANO FL 33069 REGISYERED THE STATE usnomarsa: 954; 379999 or asexsmmuu Nu M492 MC mam a ncrmuve com com no Hutu um 15 cam: new oswmv WE VAN - 3/ ms IASIS AND Home rw, :xcon. :stL gamma Momma RATE . ms MENQS pm wow? m2 mom Mums mm mun: wa'bLssA UL LL44 (I 7 or mus. 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THE INVENTORY WELL STATE THE EXACT AMOUNT OF my AND THE EXACT common OF THE ITEMS Ems TRANSPORTER CUSTONER NOTIFIED Of (hair right to a descriptive Written inventory nfvhe' (ems to be moved by Superior anmg 8: Storage, By signing fills document either ACCEPTS or DECLINES a full written inventory ofilerns L0 be transported By declining the inventory it is the customers responsibile to inspect each item and note any daniagdloss caused by Superior Moving Storage on the contract in: services <<1'th completion ofthe move. CONTRACT MUST LOSS ITEMS. The contract for services sermon 7 allows a rennin time period for filing claims. Superior Moving and Storage has no knowledge dime--existing damages unless a full-completed inventory is perfumed before me rnnye. in order foryaur elsirn tobe processed, damages must be nnted at the completion of the move>> nr noted on in inventory at delivery. IF YOU DECLINE A WRITTEN INVENTORY, IT IS YOUR REFONSIBILITV TO INSPECT YOUR ITEMS AND THE TRUCK AT THE COWLETION OF THE MOVE I ACCEPT the written inventory and understand this will add additional time and cost to my moves 3 SIGNED: DATE: . . I LINE THE WRITTEN INVENTORY AND UNDERSTAND it is my responsibility to inspect all nfmy inner and note and damages or loss or. thewmrac DATE: "Ll SOUTH FLORIDA CONTRACT FOR OF a NO SUPERIOR MOVING 8. STORAGE, INC. 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TEE INVENTORY mu. STATE BOTH THE EXACT AMOUNT OF maMS, AND THE EXACT CONDITION OF THE ITEMS BEING TRANSPORTER CUSTOMER WAS NOTIFIED 01' their right to a descriptive Written mveumry omeir items to be moved by Superior Moving st Storage By signing this document customat timer ACCEPTS or DECLINES a full written inventory ofitems be umspomd. By declining the invmtory it is the customers responsibility to inspect each item 32nd note any damgenoss caused by Superior Moving Storage on the contrac' for sexvicen at Lb: completion of :11: move. CONTRACT MUST STA LOSS ITEMS. The contract for services secfion 7 ailow: a certain time period for filing claims. Supm'or Movmg and Storage has no knowledge ofpra-cxisting damages unless a fullecompleted invemory Is pcrformed bcforc the move, In order far your claim to be processed, damages must be noted a: the eompleuou of the mve, or 110in on an mvemory at dehvery. IF YOU DECLINE A WRITTEN INVENTORY, IT IS YOUR TO INSPECT YOUR ITEMS AND THE TRUCK AT THE COMPLETION OF THE MOVE. 1 ACCEPT the wrmen inventory and this will add demonfl rim and cost to my move. 3 SIGNED: DATE: . . inngfim 113:5 WRITTEN INVENTORY AND UNDERSTAND It is my respons tunes and note and or loss en the comm SIGNED: gnaw;