Various Investers v. Payne & Thornton

IN THE SIXTH JUDICIAL CIRCUIT COURT
IN AND FOR PINELLAS COUNTY, FLORIDA

FINAL JUDGMENT

This matter came on to be heard this_____ day of July. 1999 and the court being fully advised herein it is therefore

ORDERED AND ADJUDGED as follows:

1. The Defendant, Payne and Thornton Inc., a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, is hereby adjudged to be in violation of §517.301 Florida Statutes and the damages set forth herein accrue as a result of the violation of 517.301 Florida Statute.

2. Plaintiffs, as set forth below, shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation, d/b/a Houston Investment Group or d/b/a Retirement Investment Group, in the respective amounts set forth below:

Plaintiff, KATHLEEN ALLEN, shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $123,840.61 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, LYLE ANUNDSON shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $74,704.76 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, GRACE BATEMAN shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $30,400.88 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, JAMES BENNETT shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $41,280.92 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, WARREN BREWSTER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $286,525.88 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof.

Plaintiff, SUSAN BYWATER-RABEN shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $34,400.00 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof.

Plaintiff, RICHARD CARPENTER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $61,920.44 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, MILDRED CORBETT shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $189,200.75 plus interest at the Florida Statutory rate (presently 10% per annum~, beginning on the date hereof

Plaintiff, FRANK and ADITH DILLMORE shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $121,913.60 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof.

Plaintiff, MARILYN GUEST shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $259,809.55 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, THOMAS and JUANITA HAISLIP shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $130,935.58 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ANTOINETTE HARVEY shall recover from Defendant. Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of$ 179,568.O2 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ARLEAN HAYES shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $114,552.54 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, PAUL and WALLY JAEGER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $110,080.25 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff. HARRY MASON shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $13,760.50 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, EVANGELINE MEDN1CK shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $197,352.80 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ARNAUD MICHAUD shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $166,974.03 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, HORACE MOODY shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $123,840.10 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ROBERTNIST shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $73,100.20 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof.

Plaintiff, MIRIAM OBERLANDER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $55,040.00 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof.

Plaintiff, LORRAINE PETERSON shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of$ 88,752.70 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, JOFIN PEW shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $79,930.46 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, MARTHA RANDALL shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or a/a Retirement Investment Group, the sum of $390,577.60 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, MARION REED shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or a/a Retirement Investment Group, the sum of $ 101.824,95 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, RICHARD and LAURA REED shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $77,056.88 plus interest at the Florida Statutory rate (presently 110% per annum), beginning on the date hereof.

Plaintiff, FORREST RICE shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $341,585.12 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ARCHIBALD ROSS shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $99,002.53 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, AGAPITO SANTO S shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $128,656.79 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, CAPTAIN CHARLES A. and PHYLLIS SCHAEFER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $102.952.32 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, WILLIAM SCHMIEDER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $211,904.63 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, MRS. THOMAS SEARLE shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of$ 173,376.25 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ROBERT SHIPLEY shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $286,029.12 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, HARVEY TAVEL shall recover from Defendant. Payne and Thornton, Inc. a Texas Corporation d/b/a J Houston Investment Group or d/b/a Retirement Investment Group, the sum of $309,428.15 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, ANDREW TOMASKOVIC shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $194,364.19 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

Plaintiff, MARJORIE MCKEEVER shall recover from Defendant, Payne and Thornton, Inc. a Texas Corporation d/b/a Houston Investment Group or d/b/a Retirement Investment Group, the sum of $157,732.14 plus interest at the Florida Statutory rate (presently 10% per annum), beginning on the date hereof

3. The Court reserves jurisdiction for such other matters as justice and equity may require and which this Court may deem appropriate.

FOR ALL OF WHICH SUMS LET EXECUTION ISSUE.

Done and Ordered at Sixth Judicial Circuit Court, Pinellas County, Florida this______ day of ____ 1999.

________________________________

Circuit Judge

Copies furnished to:

Jeffrey P. Coleman, Esq., Attorney for Plaintiffs, 619 Cleveland Street, Clearwater, Florida 33755.
Gary Schaff Esq., Attorney for Defendant, 501 First Avenue N., #1000, St. Petersburg, Florida 33701.

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION CASE NO. 99-5498-CI-20

ALICE BOOTH,

Plaintiff,

V.

NTG HOLDINGS, INC.
and RANDALL E. PRINCE,

Defendants.

______________________________/

FINAL SUMMARY JUDGMENT

This action was heard after a hearing on Plaintiff’s motion and review of pleadings, depositions and affidavits in file against Defendants, NTG HOLDINGS, INC. and RANDALL E. PRINCE, and it is adjudged:

1. That Plaintiff, BARBARA TAYLOR, as Personal Representative of the Estate of ALICE BOOTH, recover from the Defendant, NTG HOLDINGS, INC., $100,000.00 in principal, plus prejudgment interest in the amount of $20,021.91 for a total of $120,021.91, plus post judgment interest in accordance with Florida law. The post judgment rate of interest in this case is 10% per annum.
   
   
2. That Plaintiff, BARBARA TAYLOR, as Personal Representative of the Estate of ALICE BOOTH, recover from Defendant, RANDALL PRINCE, $239,094.02 plus interest from April 20, 2001, at the per diem rate of $65.5052 (This is at statutory rate of 10% per annum).
   
   
3. It is further ORDERED AND ADJUDGED, and this Court finds that the sued upon debt arose in connection with Defendant, RANDALL E. PRINCE, engaging in fraud and defalcation of duty in connection with the provisions of fiduciary services.
   
   
4. This Court finds that the actions of RANDALL E. PRINCE, were violative of Florida Statute §517.301.
   
   
5. The court reserves jurisdiction for the assessment punitive damages, court costs and attorney fees.

FOR ALL OF WHICH SUM LET EXECUTION ISSUE.

DONE AND ORDERED at Clearwater, Pinellas County, Florida this _________ day of ______, 2001

________________________________

CIRCUIT COURT JUDGE

Copies furnished to:
Jeffrey P. Coleman
619 Cleveland Street
Clearwater, FL 33755

Creditor:
Barbara Taylor as Personal Representative of the Estate of Alice Booth
c/o Coleman Law Firm
619 Cleveland Street
Clearwater, FL 33755

Debitor:
Randall E. Prince and NTG Holdings, Inc.
2812 Trinity Street
Irving, TX 75062

PRESS RELEASE

RE: ESTATE AWARDED NEARLY QUARTER MILLION DOLLAR JUDGMENT AGAINST TEXAS FIRM AND ITS OWNER FOR SECURITIES FRAUD

The Estate of Alice Booth, was recently awarded a judgment against a Texas company, NTG Holdings, Inc., and its President, Randall E Prince, in a Civil Court Action filed in Pinellas County, Florida, for an amount in excess of $239,000.00.

Mrs. Booth was a frail 86-year-old widow when she became acquainted with Randall Prince, after she received a “cold call” from Prince in 1998. Mrs. Booth was severely sight impaired which made her an even easier target for this unscrupulous telephone salesperson. Despite Mr. Price’s receipt of a letter from Mrs. Booth’s attorney directing Prince to cease all contact with Mrs. Booth, he continued to harass her until she had purchased approximately $300,000.00 worth of oil and gas limited partnership interest from him. Later, he convinced her to “lend him” $100,000.00. The court reserved jurisdiction for determination of attorney’s fees and punitive damages.

A local attorney, Jeffrey P. Coleman, of the Coleman Law Firm in Clearwater, Florida who represented Mrs. Booth and her estate in this action states:

“Our elderly population should be cautioned against the economic risks of listening to unknown callers. They should report any harassing phone calls to the appropriate authorities immediately, and in this particular case, the fact that her attorney had written a letter directing the Broker to cease communications with Mrs. Booth was a real plus. I only wish that Mrs. Booth was still alive so she could know of this victory. She was a very nice lady who didn’t deserve the harassment that she received from Prince.”

I have attached a copy of the Final Judgment, and the Complaint. Should you have any questions, please feel free to contact Jeffrey P. Coleman at the above address and/or telephone number.