Company and Case Information

Home

Index of Filings

News and Press Releases

Filings

Decisions

Settlements

Litigation Activity Indices

Top Ten List

Annual/Quarterly Updates

Clearinghouse Research

Articles & Papers

Search

Related Sites

About Us

Local Rules

Sponsors


Register


_______________
Copyright (c) 2001
Stanford Law School


First Home Builders of Florida
Summary: On October 15, 2007, the Court entered the Order directing the filing of the Amended Complaint on or before October 19, 2007. Further, according to the Order, the defendants’ various motions to dismiss were denied as moot. On October 19, 2007, the plaintiffs filed a First Amended Class Action Complaint. Since November 30, 2007, the defendants filed several motions to dismiss the Amended Complaint. The motions are currently pending before the Court.

A federal securities class action lawsuit has been commenced in the United States District Court for the Middle District of Florida (Fort Myers Division), on behalf of all persons who purchased one or more real properties for investment purposes from First Home Builders of Florida, a Florida general partnership (“First Home”) in Cape Coral, Florida or Lehigh Acres, Florida between September 1, 2003 and December 31, 2005 (the “Class Period”), based upon representations made by First Home and/or its agents, including the real estate brokerage firm of D’Alessandro & Woodyard, Inc. (“D&W”), that: (a) investors would receive a fourteen percent (14%) or greater return on their investment based upon a tenant occupying, and then purchasing, each property; (b) the tenants for each property would be procured solely through the efforts and expertise of First Home and/or D&W (and/or their respective affiliates or co-brokers); and (c) no further cash outlay would be required from investors other than the initial contract deposit.

The Complaint alleges that First Home, D&W, and several of its officers and directors, violated the federal securities laws by issuing materially false and misleading statements to prospective investors in order to induce them to purchase real estate investment properties from First Home. Specifically, the Complaint alleges that during the Class Period, defendants fraudulently induced investors to purchase real estate investment properties in Lee County, Florida by promising that: (a) defendants would procure tenants for all properties purchased by investors; (b) the rental income generated from these tenants would cover all of the investor’s mortgage expenses: and (c) investors would receive a guaranteed 14% return on their investment after the first year. These representations were knowingly false and misleading at the time that they were made.

INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Services
Industry: Real Estate Operations


COMPANY/ISSUER NAME: First Home Builders of Florida
COMPANY/ISSUER TICKER:
COMPANY WEBSITE: http://www.firsthomebuilders.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Sewell, et al. v. D'Alessandro & Woodyard, Inc., et al.
 COURT: M.D. Florida  DOCKET NUMBER: 07-CV-00343
 JUDGE NAME: Hon. John E. Steele
 DATE FILED: 5/30/2007  SOURCE: Notice of Filing
 CLASS PERIOD START: 9/1/2003  CLASS PERIOD END: 12/31/2005
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Becker & Poliakoff, PA
      P.O. Box 9057, Fort Lauderdale, FL, 33310-9057
       (voice) 954.987.7550, (fax) 954.985.4176, info@becker-poliakoff.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint
    Type: Complaint Date on the document: 05/30/2007

    REFERENCE COMPLAINT
    Sewell, et al. v. D'Alessandro & Woodyard, Inc., et al.
     COURT: M.D. Florida  DOCKET NUMBER: 07-CV-00343
     JUDGE NAME: Hon. John E. Steele
     DATE FILED: 10/19/2007  SOURCE: Docket
     CLASS PERIOD START: 9/1/2003  CLASS PERIOD END: 12/31/2005
     TYPE OF COMPLAINT: First Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Becker & Poliakoff, PA
      P.O. Box 9057, Fort Lauderdale, FL, 33310-9057
       (voice) 954.987.7550, (fax) 954.985.4176, info@becker-poliakoff.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    First Amended Class Action Complaint
    Type: Complaint Date on the document: 10/19/2007
    Summary Judgement Notice
    Type: Notice Date on the document: 6/11/2008
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 6/16/2008

     OTHER DOCUMENTS
    U.S. District Court Civil Docket
    Case Name and/or Number: Gonglik, et al. v. Woodyard Commercial Realtors, Inc., et al.
    Type: Docket Date on the document: 10/26/2007

    WARNING AND DISCLAIMER OF LIABILITY:
    The information included on this Web site, whether provided by personnel employed by Stanford Law School or by third parties, is provided for research and teaching purposes only. Neither Stanford University, Stanford Law School, nor any of their employees, agents, contractors, or affiliates warrant the accuracy or completeness of the information or analyses displayed herein, and we caution all readers that inclusion of any information on this site does not constitute an endorsement of the truthfulness or accuracy of that information. In particular, this Web site contains complaints and other documents filed in federal and state courts, which make allegations that may or may not be accurate. No reader should, on the basis of information contained in or referenced by this Web site, assume that any of these allegations are truthful.
    Go to Search  page | Go to Case Index  page | Back to Top