Madison - St. Clair Record

Thursday, November 21, 2019

Florida company seeks to dismiss real estate dispute

By Heather Isringhausen Gvillo | Mar 29, 2016

A Florida company seeks to dismiss a woman’s lawsuit alleging she was defrauded in a real estate transaction in Granite City.

Allstar Enterprises & Cleaning of St. Petersburg, Fla. filed a motion to dismiss the complaint on Feb. 12 through attorney Michael Hertz of Lucco, Brown, Threlkeld & Dawson in Edwardsville.

The defendant argues that “it is unclear from the face of Plaintiff’s complaint whether Plaintiff is attempting to state a cause of action for declaratory judgment, fraud, or another theory. No cause of action is identified on the face of Plaintiff’s complaint.”

Circuit Judge Dennis Ruth scheduled a motion hearing for April 1 at 9 a.m.

Plaintiff Rebecca Click filed the lawsuit on Nov. 25 against Allstar, Michael D. Bender, Ramona E. Johnson and Shawn Greeves.

According to the complaint, Allstar and Bender executed a deed agreement with Click on June 9 for the sale of property located at 121 Riviera Drive in Granite City. Click allegedly purchased the property for $56,000 with a $20,000 down payment.

Click claims she entered into the agreement with no knowledge that the defendants were allegedly planning to acquire the property under a fictitious name and resell it after receiving the plaintiff’s down payment.

She also alleges they attempted to convey the property, using the non-existent Allstar Enterprises & Cleaning Services, to Greeves. Click alleges Greeves purchased the property from Allstar even though he knew the plaintiff occupied the property.

Click asks the court to find that her legal rights under the deed are fully enforceable, that the actions of the defendants are fraudulent, and that she be awarded actual and punitive damages, attorney fees and court costs.

She is represented by attorney Edward T. McCarthy of McCarthy & Allen of Edwardsville.

Madison County Circuit Court case number 15-L-1538

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McCarthy & Allen