05079343-1 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

WON BUY LAND, LLC,

Plaintiff,

vs. CASE NO.: 

MIDWEST ASSETS AND OPERATIONS, LLC

A Georgia Limited Liability Company,

d/b/a ONE WATER YACHT GROUP

and

RIVIERA MARINE, (INT.) PTY. LTD., INC.,

An Australian Corporation, 

d/b/a YACHTS OF AMERICAS,

Defendants.

_________________________________________/

DEFENDANT, RIVIERA MARINE, (INT.) PTY. LTD., INC.’S NOTICE OF REMOVAL

Defendant, RIVIERA MARINE, (INT.) PTY. LTD., INC., pursuant to 28 U.S.C. §1332, 

1441 and 1446, and 15 U.S.C. §2310 has filed a Notice of Removal of this action to the United 

States District Court for the Southern District of Florida, West Palm Beach Division. In support of 

the removal of this action, DEFENDANT, RIVIERA MARINE, (INT.) PTY. LTD., INC.

(“Riviera”), states as follows:

1. Plaintiff, Won Buy Land, LLC, (“Plaintiff” or “Won Buy Land, LLC”), filed a civil action 

against Riviera Marine, (Int.) Pty. Ltd., Inc., in Palm Beach County Case No. 2022 CA 8601 for

alleged revocation of acceptance, and breach of express and implied warranties under the UCC 

and the Magnuson Moss Warranty Act.

2. Defendant, Riviera Marine, (INT.) PTY. LTD., INC., removes this action on the basis of 

diversity jurisdiction pursuant to 28 U.S.C. §1332, 1441 and 1446, and on the basis of Federal 

Question jurisdiction under 15 U.S.C. §2310. 

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 1 of 44
05079343-1 Page 2 of 3

3. This civil action is between citizens of different states and the amount of controversy 

exceeds the sum of $75,000.00 exclusive of interest and costs.

4. Plaintiff and each Defendant are diverse in citizenship.

5. Plaintiff is a Florida Limited Liability Company with a principle business office address in 

Boca Raton, Florida.

6. Riviera is an Australian Corporation with a principle business office in Australia.

7. Accordingly, for the purpose of determining whether diversity jurisdiction exists, 

Defendant is a citizen of Australia.

8. Midwest Assets and Operations, LLC is a Delaware limited liability company. On 

information and belief, its principal place is located in the state of Georgia. 

9. The Complaint alleges damages in excess of $5,097,968.68. Incidental and consequential 

damages alone are alleged to be $78,423.68. 

10. Accordingly, the $75,000.00 jurisdictional limit applicable to diversity actions, and the 

$50,000.00 threshold applicable to Magnusson Moss actions has each been exceeded. 

11. The United States District Court for the Southern District of Florida, West Palm Beach 

Division, encompasses the location of the State Court Action. Thus Defendant may properly 

remove the State Court action to this Court pursuant to 28 U.S.C. §1441(a).

12. Copy of all process, pleadings, and Orders are filed concurrently with this Notice of 

Removal as required by 28 U.S.C. §1441(a). (See Exhibit A).

13. Pursuant to 28 U.S.C. §1441(b), the Defendant has served written notice on the Plaintiff of 

this Notice of Removal. The Defendant filed and served a true and correct copy of the Notice of 

Filing Notice of Removal with the State Court as required by 28 U.S.C. §1446(d). (See Exhibit 

B).

14. Defendant has submitted herewith a filing fee.

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WHEREFORE, Defendant, RIVIERA MARINE, (INT.) PTY. LTD., INC., respectfully 

requests that this Court accept the removal of this action from State Court.

Respectfully Submitted on this 3rd day of October, 2022. 

BERLIN | PATTEN | EBLING, PLLC

3700 South Tamiami Trail, Suite 200

Sarasota, Florida 34239

Telephone: (941) 954-9991; Facsimile: (941) 954-9992

Primary E-Mail: dguarnieri@berlinpatten.com

Secondary E-mail: marinal@berlinpatten.com

By: s/Daniel C. Guarnieri

Daniel C. Guarnieri, Esq.

Florida Bar No. 0914401

CERTIFICATE OF SERVICE

I CERTIFY that on this 3rd day of October, 2022, I electronically filed the foregoing 

document with the United States District Court for the Southern District of Florida by using the 

CM/ECF system. I certify that all participants in the case are registered CM/ECF users and that 

service will be accomplished by the CM/ECF system. 

By: s/Daniel C. Guarnieri

Daniel C. Guarnieri, Esq.

Florida Bar No. 0914401

Service List:

Haas Hatic

Greenspoon Marder LLP

200 East Broward Blvd. Ste. 1800

Ft. Lauderdale, FL 33301

Email: haas.hatic@gmlaw.com

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GENERAL JURISDICTION DIVISION

Case No.

Plaintiff,

v,

and

Defendants.

COMPLAINT

Plaintiff, ON Y LAND, Defendant, MIDWEST ASSETS &

OPERATIONS, LLC a Georgia Limited liability company d/b/a ONEWATER YACHT GROUP

and Defendant. RIVIERA MARINE (TNT.) PTY. LTD.. INC. a Australian corporation d/b/a

RIVIERA YACHTS OF THE AMERICAS on three separate legal claims:

( 1) Revocation ofAcceptance,

(2) Breach of Express Warranty, and

51535684vl 05726.0009

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 09/02/2022 05:01:51 PM

IN Tl IE CIRCUIT COURT OF THE

15TH JUDICIAL CIRCUIT, IN

AND FOR PALM BEACH

COUNTY, FLORIDA

RIVIERA MARINE (INT.) PTY. LTD.,

INC. an Australian corporation

d/b/a YACHTS OF THE

AMERICAS, *

WON BUY LAND, LLC a

Florida limited liability company,

MIDWEST ASSETS &

OPERATIONS, LLC a Georgia

Limited liability company d/b/a

ONEWATER YACHT GROUP,

CASE NUMBER: 502022CA008601 XXXXMB Div: AA **** Filing# 156737742 E-Filed 09/02/2022 05:01:51 PM

L LC sues

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(3) Breach of the Florida Uniform Commercial Code and Magnuson Moss Warranty Act

Implied Warranty of Merchantability, and slates in support:

JURISDICTION AND VENUE

1. This is an action for damages over Thirty-Thousand Dollars ($30,000.00) and

within the jurisdiction of this Court.

2. Venue is appropriate in this Court inasmuch as ah activities and coi iyiug rise

to the action occurred in Palm Beach County, Florida.

PARTIES

3. Won Buy Land, LLC (“WBL”) is a Florida li li y company, which has

4 Defendant MIDWEST ASSETS IONS, LLC d/b/a 0NEWATER

YACHT GROUP ("OWYG”) is a foreign li ly company, which has and continues to

do business in Palm Beach County, Fiori

5. OWYG’s Register n r service of process is Jack Ezzcll, 65th S, Federal

Highway, Pompano Beach, Florida 3 162.

6 Defendant RIVIERA MARINE (INT.) PTY. LTD., INC. d/b/a RIVIERA

YACHTS OF T AMERICAS (“RIVIERA'’) is an Australian corporation, which has and

continues to .o business in Palm Beach County, Florida.

IV I ERA’S most recent corporate tiling with the Florida Department of

Corporations identifies RIVIERA’S Registered Agent for service of process as Ryan M. Angel,

101 E. Kennedy Blvd., Suite 2700, Tampa, Florida 33602 and states that RTVlERA's Business /

Mailing Address is 2801 SE Monroe St., Stuart, Florida 34997.

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and continues to do business in Palm Beach County, Florida.

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8. RIVIERA is subject to the personal jurisdiction ofthis Court, as an entity operating.

conducting, engaging in or carrying on a business venture in the stale of Florida or having an office

or agent in Florida or otherwise:

(a) Committing a tortious act and other negligent conduct within this state as

hereinafter described;

state;

(d) Producing materials, or things processed, a

consumed within this state in the ordinary course com: ce, trade, or use;

(e) Causing injury to persons or propi

act or omission outside this stale;

(g) Entering into contrai

including WBL who purch d or Yacht, in this state;

(h) Entering hit con cts with and performing work, including warranty work,

pursuant to contracts with WBL relating to a Motor Yacht;

(i) caching a contract in this slate by failing to perform acts

perfoi in icts required by the contract in this state.

GENERAL FACTUAL ALLEGATIONS

ll'BL Purchases a New Riviera 72 Sport Motor Yacht

9. WBL on December 1 7, 2021, purchased from OWYG a $5MM - 72 foot RIVIERA

Sports Motor Yacht (72’ SMY Hull #024), bearing FUN ll RIY720224H 1 22 and powered by two

Man Engines [Port 710 5886 814 5886 and Starboard 710 5886 802 5886J and named the Yacht

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or negligently

Ilin this state arising out of a RIVIERA

jwithjfnd issuing product warranties to consumers,

(b) Engaging in substantial and not isolated activity within this state;

(C) Engaging in anlinitaiton, adding, n,„k=<u,g. of ndflnn thia

iced, or manufactured used or

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Won Buy Land;’ (collectively, the “Yacht”). WBL attaches and incorporates by reference herein

“Contract”).

10. A marketing photograph of a like vessel is found on OWYG’s website 72-smyl.webp (1440x1080) (owyg.com), and WBL's Yacht looks very much like this:

m

11. Australian boat builder, which manufactures various models of

OWYG is a retail Dealer ofvarious lines of boats, including the RIVIERA line and

the Yacht sold to WBL.

13. Shortly after delivery of the Yacht, WBL began experiencing a fuel system leak,

spilling fuel into the hull and on the Yacht deck.

14. RIVIERA and OWYG had multiple opportunities to cure the defect, but failed.

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A’

1

motor yachts, including the IT Sport Motor Yacht that is the subject of this Action.

a partial copy of the "Purchase Agreement,” which WBL and OW YG signed as Exhibit “A” (the

RIVIERA i

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The Yacht Warranties

15, RIVIERA provides a 2- year Express limited warranty. See Riviera Warranty, which

CatCo attaches and incorporates fully herein as Exhibit “B”

16. OWYG provides warranties required under Florida law, which includes those under

the MMWA. See Contract, Ex. “A”1 8, page 2 of4.

17.

leaking fitting going to the secondary, standby generator.

18. The fitting leak spilled diesel fuel on to the Ys t dei

19. Extremely concerned about the leak an c

immediately contacted OWYG to repair and stop I leak.

20. OWYG took two days to s> To lician to address what became the first of

many fuel system leaks.

21. The OWYG Teci ici. aimed to have repaired the leak by tightening all hose

fittings.

22.

completely disconnei - an unfathomable danger to anyone aboard.

23: Of course, WBL could not use the Yacht in January 2022 until the Dealer fixed the

leaking fu- ysiem fitting.

The Sec ond and Third Repair Failed Attempts

24. After the OWYG’s first attempt to repair the Yacht’s leaking fuel system, WBL’s

‘Underway Hours" for the each month were approximately 11.5 hours in January, 48 hours in

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Th e Non-conformities giving rise to {he Breach ofWarranty:

The First Repair Attempt

issibilily ofa fire or explosion, WBL

The Technician reported he found the port fuel tank emergency shut-off valves

Barely two weeks into ownership of the Yacht. WBL’s Captain discovered a

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February, 5 1 hours in Match, 2 1 hours in April. 30 hours in May, 0 hours in June, 10 hours Tn July,

and R hours in August.

25. The fuel system continued to spill fuel into the Yacht, and only got worse.

26. Diesel fuel is a chemical that has a negative i in pact on the environment both during

and after its consumption.

a. Liquid diesel is poisonous if spilled, discharged,

threatens plant and animal species, particularly aquatic life that has contact with

b. Diesel fuel can threaten not only the animals buna coated by a spill,

but it also contaminates ground water and affects recreation; n dustrial, potable water

supply; and irrigation.

c. Diesel fuel is also a highly coj

federal government because of its flammable tn burning fuel, this chemical must

be stored, transported, and handled wit e to oid the risk of exposure to flame and sparks.

The hazards ofworking with di esc e risk offire and explosion, situations that can result

in property damage, physical i ; and even loss of life.

27.

unbeknownst to

leaking.

WYG sent a Technician, who simply used absorbent rowels to clean up rhe spill.

29. The next morning when the Captain went to the boat dock, he saw that the bilge

had pumped a large amount of diesel fuel into die water around the Yacht and dock.

30. Once on-board, the Captain learned that the fuel tank monitoring system showed

that the tank had lost 100-120 gallons of diesel fuel.

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51535684vl 05726.0009

crew and passengers, the Yacht’s starboard engine lank and fuel-line started

or leaked outdoors it

Tn May 2022. while underway and with the owner and guests aboard and

ed as a

chid

'ustible petroleum product regulated by the

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31. The overnight failure resulted from the flange fitting and sealant failing.

32. certain amount had

accumulated, the Yacht’s bilge pumped the diesel fuel directly into the water, which caused an

environmental incident

33. The spill necessitated an emergency pump-out and clean up. d another

replacement of the Yacht’s fuel system fittings.

34. WBL look the Yacht to OWYG's Fort Lauderdale location ;ently needed

fuel system repairs and correction of other punch-] i st deficiencies an C1C>

35. Despite the repair attempt, the tank and fuel syst ilCi second and then a third

time caused additional environmental contamination.

36 eight-mouth after WBL pure e acht, the Dealer OWYG and the

Manufacturer- RIVIERA - had the S5MM+- ,ii eir possession for nearly four of the eight

months of ownership.

37. During WrBL's posi iS

a. RIV1 and YG’s inability to repair and lack of tangible adequate

assurances of the effecti

Yacht Manufacl the ij]er, and Yacht itself.

b. he nonconformity, which has already caused risk to life and actual

enviro amagc, has a very real chance ofrecurring, which neither platitudes nor the hollow

reassures repeated by RIVIERA and OWYG after each recurrence assuage.

The K SL Yacht is not the only Riviera yacht to suffer the nonconformity

38, stigma the Yacht will

carry forward and that diminishes the value.

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In an

As the foregoing shows, the Yacht is “damaged goods,'’ a

AH of that lost fuel first spilled into the vessel and after a

ofthe Yacht, the nonconformity has repeated itself.

of the repairs engendered a complete lack of confidence in the

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39. On information and belief, WBL is informed, the nonconformity in the fuel system

is not an isolated to the WBL Yacht or the Riviera 72 SMV.

40. On information and belief, WBL is informed that more than a dozen various

models in the RIVIERA yacht line have and are experiencing this same leaking fuel system

nonconformity.

41. Diesel fuel is flammable and combustible, and poses a danger to life.

42. Flammable means it is prone to catch fire and combustible it. may explode

when ignited.

43. The WBL Yacht carries 2,695 US gallons (net tank capa> of highly combustible

and environmentally dangerous diesel fuel in three tanks. n the tanks are full.

OWYG returns the Yacht to WBL

44. After more than a month unde Dl iairs al OWYG's facilities,

2022, RIVIERA and OWYG returned tl cht WBL.

45. WBL’s Captain an possession of the Yacht and made a limited cruise

from lire Marina to WBL’s home d« in Boca Raton, where the Yacht sits - unused, but still

requiring daily attention ijntenance.

46. Th

WBL has not used the Yacht because of the resulting the matters discussed herein

and because of the total lack of confidence in the going forward safety of the Yacht, which WBL

intended be used solely for the personal use of the Owner of WBL. family, and friends.

48, WBL performed or each Defendant waived any condition precedent to bringing this

Action.

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on August 27,

achl is not as represented because of the threat of the non-conformity

reluming while underway, a threat to life of those aboard.

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49. W'BL retained the undersigned counsel to represent it in this Action and WBL is

obligated lo pay all costs of suit and reasonable attorneys' fees.

COUNT I - REVOCATION OF ACCEP1 AME

50. WBL realleges and revers allegations 1 through 49 as if specifically set forth fully

herein.

51. On December 1 7, 202 1 , WBL and OWYG entered a written Conti terms of

which WBL agreed Lo purchase the Yacht.

52. OWYG delivered the Yacht and WBL accepted the Y; ,t a: d the ful I price of

US 55,019,495.00. See Ex. “A” signed purchase Contract.

53. ity existed at the time of sale

and delivery of the Yacht.

54. By May 2022, WBL discov e ods did not conform lo the Contract

inasmuch as the fuel system leaks persisi nd er items were not completed.

55. Even though OWY1 a; 1ERA undertook the responsibility, under written

warranties, neither RIVIERA ir O G could conform the Yacht to its intended purpose even

though they had possess! ie Yacht four out of the eight months WBL has owned the Yacht.

56. W.

r things, OWYG and RIVIERA had exclusive control over the Yacht and kept

making promises about the repairs, which neither ofthem kept.

57. The defects in the fuel system severely and substantially impair and diminish the

value of the Yacht to WBL as “damaged goods '

58, The defects in the fuel system severely and substantially impaired the value of the

Yacht to WBL, because WBL intended to use the Yacht in Massachusetts during this entire

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could not have known lhe extent of such defects before early summer, 2022

because, among of

Unbeknownst to WBL. the fuel system nono

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summer and into the fall before returning to South Florida, for which purposes WBL could not use

the Yacht at all.

59. A reasonable person would find that multiple fuel system failures causing hundreds

ofgallons offuel spilling into the Yacht while underway is a non-conforming and life-threatening

defect.

60. A reasonable person would find that multiple unrepaired fuel system failures

spilling hundreds of gallons of iuel into the Yacht would undermine anyi idence in the

safety and seaworthiness of the Yacht.

61. By written Notice, WBL revoked the previous a< an

incorporates by reference a

partial copy of the Notice of Revocation on OWYG A as Composite Exhibit “C” (the

“Notice'’).

62. Al the time WBL gave YG d RIVIERA Notice on August 17, 2022, the

goods were in substantially the t condition as when OWYG and RIVIERA took

possession of the Yacht for the 4 a pts to repair.

63. August 26, 2022, WBL has done nothing to harm

the Yacht.

64. Sin ugust 26, 2022, WBL has held and still holds the goods for OWYG and

RIVIERA, and on repayment to WBL of the purchase price, together with WBL’s damages and

costs.

65. WBL is ready, willing, and able to deliver the Yacht to OWYG and RIVIERA,

before WBL covers and markets the Yacht for sale, in order to cover and mitigate WBL’s damages.

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Since redelivery of the Yacht on

n^^T^the Yacht, pursuant to

Section 672.601 et seq. of the Florida Statutes. WBL attaches

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66 As a direct result of OWYG and Rl VlERA's refusal to revoke WBL s purchase

Contract, WBL has suffered damages of US $5,097,968.68.

67. WBL has also suffered incidental and consequential damages justifiably incurred,

and which continue to accrue since RIVIERA and OWYG refuse to take the Yacht back.

for WBL and against OWYG and RIVIERA and:

A. by reason of

the facts described above;

B. Decree, on such revocation, that Won Buy Land, LLC faavi id gm ent against OWYG

the Contr; Ic, along with pre and post-judgment

interest thereon from date of the Contract;

C. Award WBL costs of suit. or statutory attorneys’ fees; and

D. Grant WBL such oth

COUNT II BREACH

68. WR alleges and revere allegations 1 through 49 as if specifically set forth fully

herein.

69. G promoted and wairanted Riviera yachts.

70.

cruising with safety and comfort in mind and" are ’ durable, strong, and reliable." Specifically,

OWYG at Riviera 72 Sports Motor Yacht One Water Yacht Group (owyg.com) states:

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51535684vl 05726.0009

•F UCC AND MAGNUSON MOSSWARRANTY ACT

EXPRESS WARRANTY

— 5

the purchase price of the goods paid on

, contractu;

id further relief as the Court may deem just and proper.

WHEREFORE, Plaintiff Won Buy Land. LLC prays this Honorable Court enter judgment

and RIVIERA, jointly and severally, for the sum of US 55.019,495.00, such being the amount of

For example, OWYG Louts on its webpage that Riviera yachts are ' built for serious

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SPORTS MOTOR YACHT COLLECTION

VESSEL DESCRIPTION

Combines outstanding sports-inspired looks and spans perform a n ze with ultra-luxurious i

Now experience extender cruising the Riviera Way.

RIVIERA YACHTS ALE

V* A

vt

iC5~

5.700 ya Chis built since its begin

training, and cussemir ft

Stfvict Ttimj c#n

o* all, we can :a

with #inanci perp e the d:**erence that comes with buying a Riviera Yacht with OWYG and Hive the

dream youle -ere 1*0.

BL purchased the Yacht from OWYG in December 202 1 .

72. In connection with the sale, OWYG expressly warranted that WBL enjoyed

warranties llas may be required under applicable state law” and adopted RIVIERA'S warranty.

73. express warranty, which states in part:

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51535684vl 05726.0009

Our largest, grandest, most spectacular design yet. O"ers an incomparably /a st: cockpit and covered mezzanine dining area, spectacular standard power and long range capability.

Tested in me rough waters around Australia, Riviera

water luxury yachts in the Southern Hemisphere,

fawn co the largest ma nufacturer of Ollieffch full fiberglass hulls oelow the water h r e,

ijoy the

bulwarks .

Features xabulous foredeck entertai n n- ent area ana enclosed flybridge with interna1^

luxury of an optional trew cabin or utility Space and th# surety of wide side decks

Your choice of three or 'our magnificent staterooms and four bathroom desig

RIVIERA too provided an

r4i!r lopf*'«ab« cru i-Hf. ihe R>ri«'B Sporrs Mowr Yackt rinf* pr&Yidt « in’aorh. qu<»E nwio'i. iRd luptr-o* critfiimaHrtiip »c <-.*ry luffi.

From 5C co dill «noo*l llni »i v*pi.u>I« if*o un raw o* eaiAm* 'tor oir*shoF* irj or for luxury efuIsIrv. Tbi uiv><ii*od«Rn dtrfr ii i-d*Hl for

a i n#mi fl.| eg.il awAtr i erb: *av*n:ui‘* tlerif with tr* i a* Rem*.

a s

= Jfr

. *r>i^:4mfort in mind. Known for bemj durable.

hkfner re -sale value ft Mrall. which 1 why many

tr or newer boar*. 7h* Interior! of every Rm. ar* an

Xnd the belt eouipmerc possible *sr cruijmj. With over

Has truly perfected its craft.

uyinf experience thro-jjh exceptional lanrica lupport. oerionji owner

•t events, Prom the Northeast to South Florid* our ind'ustry-ie*dmf

... .11 TM.<~ m.lm».n.. ... .< ...I.TM...

ur current boat m on trade towards tie purchase o' a new Riviera and even assist

these yachts are built 'Or itriOus Cfuilinf w -tri -fa

itronf ano '*i *bie Riviera i moae- 1 tend

owners st*y with.n tM brand a* they m

tarnished with exceptional woods, f 'w

As a factory ‘trained Riviera dealer 1 Yacht Group offers an unparalleledthatJccritinua Hy stocks new models at multiple locations. Qne Water

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See RIVIERA Warranty, attached as Ex. "B”.

74 Each Defendant provided an express warranty by affirmation of fact or promise, or

description ofdie Yacht.

75. The Yacht failed to conform Lu OWYG or R IVIERA’s affimiati rd riplion.

76. WBL notified RIVIERA and OWYG of the nonconfo: iti' ifi 'the goods on

77, Because of the breach of warranty, WBI. has :d damages represents by the

difference between the value ofthe Yacht as delivered, ,01 9.495.00, and the value the Yacht

would have had if the Yacht had been as warrant lively, the difference between lhe

price paid and (he amount received when th icht old

78. The breach of warrant .Si

c. re ongoing and accruing and include: camera in galley

- $1,072.6; - engine and generator s - $10,970.66; - props, shaft, bottom paint - $16,042.42;

- Fighting chair & pedest ’127.00; - upgraded charts for electronics $2,636.00; - re-rigged

outriggers and han ire $1,100.00; - ceramic coated windows and outriggers - $3,400.00; -

monthly .Vi ;om cleaning $235.00 x 4 months $940.00; insurance $27,675.00; and

WHEREFORE, Plaintiff Won Buy Land, LLC prays this Honorable Court enter judgment

for WBL and against OWYG and RIVIEREA and:

A. Award WBL the difference between the value of the Yacht as delivered, US

$5,019,495.00, and the value the Yacht would have had if the Yacht had been as warranted or,

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51535684vl 05726.0009

I,IM ITED EXPR ESS NON-STRUCTURAL WARRANTY: Rn icru ujiranlv Chat for two (1) years -after Lhe dale of delivery

or eight hundred |S00) hours (die earlier of), Co the ties! rel,nl purchiM:?. and lor lhe period before il is delivered Io the tirsl retail purchaser. all

vessel componenls manufudured by Riviera shall be free fivn defects due Io material or workmanship under normul non -commo rvui I use. On

components noi manu faclured by Riviera. R iviera shal I assign Io lhe first relai I purchaser lhe warranties extended by those manu faclurecs as allowed.

August 17, 2022, which was a reasonable time after WBL discovered the breach.

$78,423.68 as of August 17, 2022, whi

vices

transportation, crew movements with Yacht related to nonconformity $3,460,00,

apsed incidental and consequential damage of US

or, a

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 16 of 44
NOT A CERTIFIED COPY

alternatively, the difference between the price paid and the amount received when the Yacht is

sold,

B. Award WBL incidental and consequential damages, plus costs, fees, reasonable

statutory attorneys’ fees, and

C. Award W0L such other and further relief as the Court may deem just and proper.

79. set forth fully

herein.

80. WBL brings the legal Claim alleged in this'

§672314, ef al. and the Magnuson-Moss Warranty AcU 1

81. The Yacht is a “consumer product iihin the contemplation ofthe MMWA.

82. RIVIERA is was the comntei facture, supplier, merchant, and/or seller of

T, supplier, merchant and seller of similar motor

ithin the contemplation of Section 6723 14, et al. and the

MMWA.

83. WBL is a nsumcr" within the definition in the MMWA.

84. WBL purchased the Yacht from OWYG on December 17, 2022, a 72’ SMY hull

number 0

72-smy-L bp (1440* 1 080) (owyg.com) is found supra in paragraph 10.

85. RIVIERA and OWY G expressly and impliedly warranted that WBL could use the

Yacht because it conformed to the high standard of merchantable quality, safety, and condition.

86. RIVIERA and OWYG, warranted that the Yacht was fit for the ordinary purposes

for which it was to be used - long-range cruising and sport fishing; would ran as vessels similar

14

51535684vl 05726.0009

COUNT III - BREACH OF UCC AND MAGNUSON MOSS

IMPLIED WARRANTY OF MERCHANTABILITY^

a photograph of like vessel is found promoting Riviera yachts on OWYG’s website

vessels to the public, including WBL,

WBL realleges and revets allegations 1 through 49 as if specit!

c

^ounl pursuant to Florida Statute

the Yacht and was the commercial man

.S.C. § 2301, (“MMWA”).

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 17 of 44
NOT A CERTIFIED COPY

iii kind, price and quality; was adequately and accurately built to specifications; and would

conform to all affirmations of fact made regarding the quality and performance of the boat.

87. RIVIERA and OWYG each warranted that the Yacht:

a. would pass without objection in the trade;

b. was of fair average quality;

c. was lit for the ordinary purposes for which it was to he used;

d. would rim as vessels similar in kind, price and quail

c. would be adequately and accurately labeled; a:

f. would conform to all affirmations offai .de garding the quality and

performance of the vessel.

88. the

intended and

sold, (e g.* sport fishing).

89. The Yacht, when .sold, and/or delivered suffered from defects that

go beyond mere commission!: issues, including for example the repeated failure of the fuel

system, which wrere unre; ly dangerous to tlie user and consume]' - WBL and WBL guests

who were on boa: lie

90. O G delivered the Yacht as a "true long range” sport (fishing) motor vessel)

manufactured under “exacting RIVIERA standards”, but the Yacht was not of merchantable

quality, was unfit, unsafe, and unusable (e.g., as the persistent fuel system leak demonstrates) for

the ordinary purpose for which intended, which demonstrates the Yacht was non -conforming.

15

51535684vl 05726.0009

WBL was a foreseeable purchaser eseeable user, who relied on

warranty and used the Y acht as ordinary purpose for which constructed and

.chi idled at anchor or dock, or while underway,

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 18 of 44
NOT A CERTIFIED COPY

91 RIVIERA breached the Implied Warranty of Merchantability and Usage of Trade

by failing la properly design, inspect, lest, construct, manufacture, and outfit the Yacht and by

delivering a vessel that was unfit for ordinary use as outlined herein.

92. RIVIERA’s Warranty was in effect, therefore preventing it from disclaiming the

implied warranty of merchantability, trade, and usage.

93. The cause and origin of the damages was the result of RIVIERA ch of the

Implied Warranty of Merchantability imposed by Fla. Stat. § 672.314 el

Moss Warranty Act, 1 5 (JSC § 2301 cl al.

94. WBL timely notified RIVIERA and OWYG o wai ity issues, design, and

construction defects, which render the Yacht un-mercham

95. As a direct and proximate result of breach of warranty, Plaintiff, Won

Buy Land, LLC, suffered damages to the full

to consequential, indirect and incident; .pen; as well as attorneys' fees pursuant to the

Magnuson Moss Warranty Act, 15. SJM. 1, ct al.

fay Land. LLC prays this Honorable Court enter judgment

for WBL and against OWYG ,d RIVIERA and:

A. Deci

ibove;

rcc that on such revocation Won Buy Land, LLC have judgment against OWYG

and RIVIERA, jointly and severally, for the sum of US J5 ,01 9,495.00, such being the amount of

the: purchase price of the goods paid by plaintiff on the Contract of sale, along with pre and postjudgnient interest thereon from dale ai the Contract;

C. Award Won Buy Land, LLC costs of suit and statutory attorneys’ fees; and

16

51535684vl 05726.0009

ie purchase price af the Yacht, in addition

e Magnusonthc facts describe

WI IEREFORE, Plaintiff Wo

the Contract of Sale be revoked and found to be null and void by reason of

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 19 of 44
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I). Grant Won Buy Land, LLC such other and farther relief as the Court may deem just

and proper.

Dated: September 2nd, 2022

Respectfully submitted.

17

51535684vl 05726,0009

Mlaas Hatje

HAAS HATIC

Florida Bar No: 0843989

Primary: haas.hatic@gmlaw. coi

Secondary: rene.vazquez@gndai

GREENSPOON MARDER LI P

200 East Broward Blvd./!

Fort Lauderdale, Florida 3

954.491. 1 1 20 (Telephone

954.343,6956 (Facsimile)

Attorneys for Plaintiff

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 20 of 44
NOT A CERTIFIED COPY

?

teas

^Exhibit A

Won Buy Land, LLC vs. Midwest Assets &

Operations, LLC d/b/a OncVVat^r Yacht

Group and Riviera Marine (Int.) Pty. Ltd.

Inc. d/b/a Yachts of the A

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 21 of 44
NOT A CERTIFIED COPY

Purchase Agreement 700150

ukipMuw: NED DOZfER MDGR

Awning Comora Arning Camera Mwr-otcd to ST.-nrttess Rad

PresfiterrLaf layout - Mester headloaned In

»T

friMKrts}

Suyr Dilc Si

_.CO“0uy« Cat" Signod

Otte Dealer:

Paje 1 of 4

YfAR MA Kt Meeti HlNArW/StfttALMO. STOCK NO.

OPTIONAL EQUIPMEN1 & ACCESSORIES OPTIONS To or ADDED

HIN/VIN/SERJALHO. ITEMIZATION YEAfi MAKE

202?

2021

2021

UlViErtA

MAN

MAN

larmnd/a nd ap«tto these itTM

eoat/f iht Agreement the tempi

72 $MY

V12

V12

‘ Additional Terms red CwiSow attached were printedsb**? Beyer's iigrature,

RIY72024H122

71058B68145836

71058860025886

020* TJfiCHJRP 1 DEAL TO CL OSS BY 12117121

Si,000.000 DEPOSITUPON CONTRACTSIGNING

S250.000DEPOSIT WILL BERETURNED TORSH

FULL FUEL. CG SAFETYK7T. LINES. FENDERS.

TRANSOMNAME/NCl UDED

on»: 12/0112021

coin# turn: 12/17/2021

NC82881

NC62881E

NC62881E.0 New

New

New

1

4* underiTrtnsduecr Ci

IrVrnddenten bntod and Rubber Backed Saloon Fixed TEAK snteJ litto1 CoijVcul1 Speaker upgra Sat TV io i» cwmeofec

live bad lank fitted to t

irtj.

IM- J

ilt wire; or certified checkjreerreht. The rawW of wfkrs h

Lett C»h Down Payment

Less Factory-Reba! «

Unpaid Balance Nf/.ela unteK ngred Oya«lraniw| reisreteniHeeof the dea'cr. MC**Mt-3793-19ai -LRI *2.7 Y-N

Plate*

ijriMWI 7;<M MJ

Dual 12V40A heavy-duty plug and socket (f x port and J * Targe Uphgtitina Luirutw Echo White X 6 to ApW Sat Oomei

Install golf storage tube ndh to'ngod CRP trd instated to Underwater lighting (5 tr Transom Lights) Lumitoc SoaBlaia Garmin G-H?ND wvotess 2 Wnd transducer fitted to Navfgtt

Cockpit Camero Catmin GC 200 IP Dome Comoro (Infra Rod) . _ AIS Garwin Al$ BOO Transce/inorincftrfioj GA 3S GPSIGLOtT TSc - Cockpit Joystick to bo mounted On Sta

AUlO Plot .......... RgdjfGsrmur 12KIV GMR ‘224XHD? Often Array Rodsr5" Sp Ntew Array Radar end SM TVdame rteN mount Hardtop, Taiga & Roar GRP Rail Io tie painted RIVIERA PtAT Sounder/Transducer Panopiix (standard transducer end sound SuundedTranadiKor Ptmopiix (standard transducer and sound Aft Helm Screen 1 x 17' Garmin Grass Bridge S41 7 finked Io Screens 3 x 2A"Gnrmfii Glass BridgiS 8*?4 mm- GPS 4 GRID c Upgrade master stateroom blinds IO (eloctric) Timber- WALNUTinterior including Ngh GLOSS finish varrN

_ _ Sofid siiriawiw«cAcopto flyttodgo Korns' P

Engi.-in Room ttemgra Gdmifn GC 200 IP Dome Camara (infra Sts sltaiS? to cover lounging area. With 5 rvm

Lounge wxjracfo.. edditongt two inboard Lacing

Awning- Rearawning to Ifybridge hardtop (Ac Hstf rear awning (ocrylic canvas) Items: Sea Huir-iwuto Sc-st end Pin stripe the same colour Kerns; B Convert irlddy room to erwr cobin with sing

ADZ INFORMATION MOrc I

SATHHW?£ PACKAGE (10* Beach towete, tOxBath lowcts.

EiedroSea Gtoarlinc System 390

Soft Furnishing PaUcvgc (includes fitted bed Krum. ixOow

FiyOeidge - Upholstery to ftybridgo Lounges - Leather or S SaJoon UjphaWoiy to Port S Sbd Lounges - Leathernr Sy Premium grade vinyl flooring to Galley ord Selcon area wit Ftytpidge r»oin holm station to have separate bow S slum !

OneWater Yacht Group

OneWater Yacht Group

101 N. Clematis. West Palm Beach, FL 33401

(561)296-9800

Co-Buyar.

Dual Mount (Requined aH models when «Wy 1

LoudhoUcr wmeded to VHF (Speaker only, n KVH Dummy DpiTM KVH TV7 Empty T “ Separate Mteta washer (botow) Dryer Wnfermaie r Model: Blue Water Logar

Icom Command Microphone item Coi

tnsinkemtor, Well Io gotey oAbound GAILEYV/ARE PACKAGE (40pco CiHory set, CQpct) Etenor a. iTIftirmN (FI.tR) M232 Thcmiat Camt

- - ' - - fGMjnjit

oredgtais. curved

let inlay- TROIKA M

MtaA OOmm (!'

Spoalw upgrade to

iff TVs OntiOR'd- Yi> coaming wit

TMm ugh miot/aup Uti«»lD«MOMUnc.t Mfc

eswiWamooiiri . RIA ftrUrte'. N/A

Buyer and [ u!n cridartund tbitth's A(ra*twn i

the l ooir.cfjiria-ln ro w nude st dtel T^ottei

fiorkU docu mentaiy stomp lax rci|

directly io the Department of ftwei

jr.d |

List Price

Savings & Incantivoa

Freight

Prop

Added Option s (r* cm tf «dt ulrv. :1

Purchase Price

Less Trade-In Allowjnce Cash Dlfferen ce _ Service Contract

spnnceGirard

vessel Moniwrinfl

ire Ei Battery FecQiaptifcabte)

Uipoumentatkrn foe to Dealer *

reliance

ubw _ _

'csfetration & Title Fees

I ectconlc Title ft eg.htr4tion Fee

r r .i<ja payoff I Fl Ooc Stamp Ta>, it tppUcrWe j

'<L Filing Fee

' oast Guard Documcntaticui Fee

$5,890,284.00

7.2% | -390,284.00

0.00

0.00

0.00

$5,000,000.00

N/A

_$5 0C 0.00 0.00

o.oo’

0.00

0.00

0.00

• 1.195.00

$51001J_95.00

16.000.00

300.00

(LOO

0.00

0.00

_ 0.00

0.00

5,019,495.00

2 0.00

I $8.00

Buyth WON BUY LAND, LLC

Addreu: 710 LAKE DRIVE

f/s/rip: BOCA RATON. FL 33432

Pf>on*c H: W; Emal ;

ThH Purchdn Agmrrw-ii CApeemawt") h between me «s Ixryir (jointly and seveteLyJf mere than < n* and together ca Bed iMTHrrar-] and you as tel'iiM deter (the "tteeiar"]. The term 'Llrdt"

reters (dtectiwiy to the p:oJiid(il,<apU|*,*|oguJpn,*fltacc*rw»:»4*i>dl*r»femdes:-'lb«lbekw which Beier ft pjndTinJne. S^y-ct ta rhe conditions on thlinajoind lhe AdtftkMl Terms >rd Conduor.i bejtenma on page z of this Apeament, Cellar agrees to tell and Buyer apees to purrhaw tho ftfowlng demised UrJtfa J. The Peaiad, IkitIji Is the eddreii shown above.

a subject to ntteste ryearresiiorte md •djuewnems concerning ri- arrges in

‘tUement - awSectFon 13 of paga.i al this Arreement, __

tew in tire amount of $ NJA has been paid orwill be- paid

16. Certificate of Rceisiration No. 16*fi01 7244950-3 .

'The, charj.c represents edits and profit to the dealer for items such as fftSpectiOiDdeanlnt »4justing

vghictos, and preparing documents related to the sate,

“ Ouyerpgree$.tofin»nc;ewltfis><thtoujhbejl«v finrtxris) . (inrrlofs) . .

•* BUVfft AGBEE5 TO COMPUTE THE PURCHAS- OF 7 HE UNITON OR BEFORE THEFCUCWlNG DATEfUNLtSS

OCAI Fft NOTIFIES BUYER OF A LAlFft CtOSlNG DATTli 12117/2021 (iftftfali) fiRltfOts)

l*UOAG»lH.n«iTHruiTMup«ALANCtWIUSEPA«lDTHEA: brevKuSonof a Retail Install nn*nt Contract. pwiMory

note or qbic$J»finJnjStrMmJtr wed Aydccepence by « li-_art<*l . KIjnoetMlI

All doceUtTand down (terment|s) are ti^n reri.ndjtilajjiVrM Etohci’Jy anted in

acSncwvedged by Dealer tits dati

Pwof eertffiee diet Buyer het

hereto thh Aweemen-. and *i

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 22 of 44
NOT A CERTIFIED COPY

700150

2.

3.

4.

B.

6.

7.

8,

9.

10.

11.

f

'A ;n

JLof A.

TC T/ZlvM

W16T2W1 7.0BPM

Signed: -

Co-Buyer Name:

rafted upon Byyor's own fodgomool end Inspection to rtaternVnilig that 1 is of accopiiiWo qunify. Buy" has the right to have the Un* surveyed by a lloensad marina

surveyor prior to Buyer laki-jg posaeaiixi rfdbc Unit. 1! Buyer foil* 10 do so priorIo Ink inp possession Buyer shall tawn walvnd such right or.d shall be de tsnod to have

accepted the Unit nccnforjutosto ttioA^iecmonl.

17. I NSURANCE. Buyer upderstandilt Is Buyer*responsibility to secure Insurance for tho Uni. Buyer wrl not hotn Ceukir roupcnLibleforafly ciaime duo to lais or damage

wfrataoc-rer to the Utef.after Beyor repetvod possession wtiolhor or not Buyer romewad tho U nk from Doctor's property.

Signed:(J^^ Buyer Na i

additional terms and conditions

&/ signing below, Buyer and Deafer further agree to the tofcwtog additfeitte team and ooiteilfo.** (Matinued from page 1 of (Ms Agrori.TtanlJc

IP NOT A CASH TRANSACTION. IT Iho puichaso of the Unit to to ba firmneud by o retail installment safes contract. Ibis Agreement k subject to credit approval and

acctjnrront ol a rttni mlnllnwnt onion contract by tha Dua'or fa u Gnancwl institution prior to or sit the time or dteivey and Iho Annual Percentage Rale (APR) ray bo

oogrrterted yrfh Bonier end Orator may reraina componsteion for orrnnpinp linundng on Buyer's behalf. II financing Is arranged. Buyer understands Bist Biz,or iMU

radar into o retail inslalrretil rates contrast prcm'iconry nola or other Bgroamoot art may boroqused to finance Iho purchase tf tha Unit ndotvarod ptfar Io firm I finance

approval and funding of Unpaid Bala nee Dito. Buyer underworlds thsl < third potty financing approvaf or (Ksign.TMnl of a retail instollmont sales oonlrwS Is not obtained,

then (i) Buyer may pay the entire Unjtad Saiaow Duo in cash, bank vdre or certified check, or (ii) Deafer may cancel Jho Agmomont and Buyerjnu&l immed'alely raturn

tao Unit to Dealer.

TIKE. Trite Id Iho Unit punch Mod VdU remain tn (Jester utiM the Unpaid Bohnes D MJ is paid in fo( to cosh, be.nk wire or certified choc*, or Buyer has Signed a retail

tostallmerj sale* contract W pramsswy note and 1 has been accepted by th,c ban* rxfinnnoe company, al which lima fold la the Unit will pens to Buyer (cubjoct to any

security interest In favor of th*tank or financa oampany) man though the actual delivery oftha Unit purchased may bo made at a taler date. In the event tint Iho bonk pc finance company doos not arxofo th a oiacutod retail irretaltn-ent sales coteract be promissory note, lite to the Uni Wil remain vdth Dealer end Buyer wii be notified

to raturn ttio Unit ImmadiotoY on notifierrtion and in Iho some condition as delivered by Deafer to Buyer. In the event Buyer does not ImmctSatuly return the Unit on

nortfication. Buyer vh3 be mponsibla for Deafer » mrponsos to reirfevo tha Uni to inefntto reasonable etlortoirs1 fees, os permitted by Appfcabte Law. REAPPRAISAL Of J%AD£-IN- If Buyar is rooking olradorfn vrfretfwr or not a Is not delivered ta Prefer at toe limo ortho ortgtialapprabat ft ti subject to rcopprabof on Ns detivody or a1 the IITM of dosing t ttwrt oca any latent defects er other dnlncte not randty .apparent or J thnra haira b«n material changes ms-da In ttio famkhinjl or aKCSdoriM, or tn Its goneret physfcnt oondfton. Buyer understands and agrees that ih.is fetor appraisal value vrfll flton deleimiso Lw .-illowmco to ba nudebf tlto

tmdeJn.

FAILURE TO CQfttPLETB PURCHASE, if Buyer fnit> w refuses Io crxnpfete this puiduiso on cr before tho "Buyer Agrees In Complete tha pLTtJw.se on or Before'

dele on Idontrfiod on pogo 1 of Ihis Agreement, or wilhki a rautunty pgrood on axlonstoo of fSmo. for any renton (other then cnncntotlr.it betause of an Incwso In prf»). Buyer wifi be in dirfault of this Agreement. Failure to timely accopt delwery will giro Daelor lite right to dispose of ruty trade An. treat any cfeh consideration

rocorvcda»a dtperart or down payment and irfaLiing the Bamu, as permitted fay Appfcobto Law, sod pt our option. Itoright to retain any deposit Of down paymer.f and

pursue any other remedy avatatta under too few or in cquty (wth apgropttafa crbdl for any forfeited depose or ritwi pay mentortho value of any Itado in retained by

pa) to adequately cotnpOMatoeur bTcldontal and consequential damages and all other darreipos, Meta, orpenstts, or tosses Confer mry Incur because Buyofalod to

compiota this purchase, ac permitted by Appfcabte Low. II Deafer ptefJ any negative eqirity taikame on Iho trade-in. Buyer win pay Dealer the umqtint paid on Buyer's

betrad.

CHANGES BY fAri/jVFACTURER . Buyer bnrforaandc that thn nMunrfadurov of Bio Uni may make any change* in llw model, or tho designs, or any aocestcrie* ond

port* from r<n» to tens, and .n any lima. II tho manufo^urer does rrwka changas 1o unit* olhar khan Ute UlnB. nelllwr Dealer nor the manufacturer arc oNgatad to make

P» Ctama rfKingos iotfia Unit Buyer is punshettag, either bofiora or oflrrr it it dnlrvonxl to Beyor

TAXES. Buyw tmdoraicuKl& (hot the price ol tho Unit Buyer |* ptirahawig does not inefedo Idytiu.i .n-posad by a governmental agency or authority prior toorot the

limo of delivery unless II is written cm tho poga 1 of this Agreement. Buyer auuirac* end tiptoes n Mf.UFfes* pitth&lBd by Applicable Law. any arid all toes, excapl

Inoomo taxes, ItKii'may ba charged on Buyer's purchase, rogairdfess of lha pemon havirrHthoprim.17 lex tiabifity.

DELAYS. Buyerwl not bold Prefer liable for dcLiyfi by tho morirfockurw, InabSty Io obtain parts timely, ncddails. acts o! Gcd , etrikers, ffeod. firW, nobonal or regional

cffltrgency. dr'any other cause beyond Dealer's, control or without Dental's (curt or negixjin -e EXWJSWN OF WARRANTIES. If Buyers atfdrass on poge 1 of this Agreement Is located in a state other than MmylaiMl. tht* provlilon applies: BUYER

UNDERSTANDS THAT THE 1NFUED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES

EX PRESS OR IMPLIED ARE EXCLUDED BY DEALER FROM THIS TRANSACTION AND SHALL NOT A PPLY TO THE UNIT, TO THE EXTENT PERMHED BY

APPLICABLE LAW. BUYER UNDERSTANDS THAT DEALER MAKES NO WARRANTIES WHATSOEVER REGARDING THE UNIT NOR FOR ANY APPLIANCES

OR COMPONENTS OONTAINED THEREIN, EXCEPT AS MAY BE REQUIRED UNDER APPLICABLE STATE LAW. BUYER AGREES TO LOOK EXCLUSIVELY

TO THE MANUFACTURER OF THE UNIT OR COMPONENT OF THE UNIT, AS APPLICABLE, AND WAIVES ANY CLAIM FOR WARRANTY AGAINST DEALER,

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUYER AGREES TO INDEMNIFY DEALER FOR ALL COSTS OF DEFENSE AND DAMAGES IF BUYER

ORANY PARTY CLAIMING BY OR THOUGH BUYER ASSERTS ANY CLAIM FOR ANY MANUFACUR1NG OR DESIGN DEFECT AGAINST DEALER. If Buyer*

addreu bn page 1 Of thte Agreement I* located th Maryland, this provision applies: BUYER UNDERSTANDS THAT ALL EXPRESS WARRANTIES ARE

EXCLUDED BY DEALER FROM THIS TRANSACTION ANO SHALL NOT APPLY TO THE OOODS SOLD. BUYER UNDERSTANDS THAT DEALER MAKES NO

EXPRESS WARRANTIES WHATSOEVER REGARDING THE UNIT NOR FOR ANY APPLIANCES OR COMPONENTS CONTAINED THEREIN. EXCEPT AS MAY

BE REQUIRED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW. BUYER AGREES TO INDEMNIFY DEALER FOR ALLCOSTS

OF DEFENSE AND DAMAGES IF BUYER OR ANY PARTY CLAIfrfiNG BY OR THOUGH BUYER ASSERTS ANY CLAIM FOR ANY MANUFACURING OR DESIGN

DEFECT AGAINST DEALER.

EXCLUSION QF INCIOENTAL ANO C0N5EWL WIA, DAMAGES. To lha rotate parmitfed by Applicable Law, kiddentte and cor.ceqixmtail d.irrtjgMsrKng out of

the sate, into, servicing and'or quality of lhe Unit, irickiding but not Umiled to, any toss of uw. toss, of bmo. inwnvontanco, augtaraSon, los* of vrafjoo, earning* or

Inoomo, fuel arid traTrsportulion 'expa.-racs, hoteVmcfof costa. Jrvawance, storage, rental or roptoccmoml. aSomd or cui'-uatfed Iripa and VaMlforis, the cote Of any

food/maafa and any ofoerrxHttonLrland consoque,ill*l damegoiare tpKthcatly excluded AND WAIVED BY BUYER, Deofer epodFcdlY <fcdi>ifui fcabifcy fee ony inch

todrfental ond.'or cnruaiq ustelal damages Dealer writerY agrees riof io seek or racover such hckk-ntal or coatequartiieJ rinmagos tram Buyer. Buyer and Deafer

ackri owtadga Ihts dtsctaimo- of toddental end conuquenlijl dsmsgot is indapendant of and wit survive any failure of the «s onltal purpene of any warranty ar remedy . MANUFACTURERS WARRANTIES. BUYER UNDERSTANDS THAT THERE MAY BE WRITTEN WARRANTlES COVERI NG THE UNIT PURCHASED. INCLUDING

ANY APPUANCE(5} OR COMPONENT(5) BEING PART OF THE UN IT. DEALER AGREES TO OWE BUYER COPIES OF ANY AND ALLWRITTEN WARRANTIES

SUPPLIED BY MANUFACTURERS IN DEALERS POSSESSION. BUYER UNDERSTANDS AND AGREES THAT THE EXPRESS TERMS OF ANY

MANUFACTURERS' WRITTEN WARRANTY, TO THE EXTENT ANY EXIST AND APPLIES TO THE UNIT, AND THAT SUCH MANUFACTURER'S WARRANTY

SHALL CONTAl N ANO CONSTITUTE BUYER'S EXCLUSIVE AND SOLE REME QY FOR ANY PROBLEMS OR DEFECTS THE UNIT MIGHT CONTAIN,

INSPECTION. VHXib Btoyw takes defkery of lhe Uni, Buyervril ba downed to hove ewmtoeck tha UnX and found H suitable for Buyer's particular weds. Buyer has

ttio mdiltlsf

after BeyW rtec

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 23 of 44
NOT A CERTIFIED COPY

?

teas

Exhibit B

Won Buy Land, LLC vs. Midwest Assets &

Operations, LLC d/b/a OncVVat^r Yacht

Group and Riviera Marine (Int.) Pty. Ltd.

Inc. d/b/a Yachts of the A

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 24 of 44
NOT A CERTIFIED COPY

lure.

!ei ilism. iiLiidfnl

(f) Lilh< :d aggni for inspection prior to authorizartion of

|.b iji

Riviera Australia Pty Ltd. A.C.N. 139 663 906 (Riviera) makes this LimitedExpress Warranty

(Warranty) to the original retailpurchaser ofa vessel manufactured by Riviera, provided the

vessel is purchasedfrom an authorized Riviera dealer and saidfirst retail purchaser registers

this Warranty with Riviera within 30 days ofthe purchase. This Warranty is the only warranty

provided by Riviera, express or implied, with respect to any vessel manufactured by Riviera.

Effectivefrom 202 Pricing. 64SM hulls HO10 and beyond, 68SM/72SM hulls #022 and beyond.

Belize all hulls completed after 30 June 2020.

LIMITED EXPRESS STRUCTURAL WARRANTY: Riviera warrants to the first retail purchaser that for seven f

two thousand eight hundred (2,800) tours (Ito earlier of), aftei rhe date of delivery to the first retail purchaser, and for the period^he

delivered to ihc first retail purchaser, dial the hull, deck, fly bridge and luirdtup shall be free from structural defects due io man woikmanship, under normal non-commerrial use, that result in any de lamination or separation of the stringers or compositi

hin th irty (30 I days of the issue becoming apparent. Lal its absolute discretion, elect to re fuse any warranty claim whatsoever.

(a)

(bl

(=)

tgl

(hl

(i)

Transfer uf structural warranty:

In reference to the structural warranty of ifl

subsequent owner of i ves-*el. who purchai

transfer fee. Such transfer will an

rctn j iti ing terni ofthe hull wan

total period of seven (7) years'' delivered the vessel tv the Mra1

(a)

(b)

(c)

(d>

(e)

(f)

(«)

(h)

lii

ftwg

retail

years or

ue it is

(a>

(b)

(e)

(d)

(e)

Riviera Australia Pty Ltd.

LIMITED EXPRESS WARRANTY

lie Hull ONLY, Riviera may agree in its sole and absolute discretion. Io transfer Ito hull warranty to a

isft the vessel from an Authorized Riviera Dealer, upon application and payment of a 5600.00 USD

br eilectivc u|pun contiirranion in writing from Riviera. Where Riviera does approve the IrarsJet of the

to a subsequent owner in writing, then such hull warranty will Lie transfeired for j period of ntrt more than a

thousand eight hundred 12,800) hours (the earlier of), from the dale an Authorised Riviera Dealer first

I purchaser.

on website: rivierasnstralia ctm on the date

or Lack ot performance Of

(k) The above list is not intended io he exhaustive anc Riviera

A structural defect includes rhe fol lowing: Slrueiural failure of Hie fiberglass hull, deck, tlybridge and hardtop;

Structural failure ofany parts glassed onto the above components; or Structural failure ofthe jouib between any nflhe above components.

LI Ml I 'ED EX PR ICSS NON-STRL’CTL RA L WA RRAVI Y: Riviera warrants that for two (2) years after the dale of delivery

weight hundred (SwNioitrs I Ulf earlier of), to the first retail purchaser, and for ito period before it is delivered io 1 he first retail purchaser, all vessel components mamifi^lured by Riviera shall be fine from defects due to material or workmanship under norma] non -commercial use. On

components not mauu huelured by Riviera, Riviera shall assign to the first retail purchaser lhe warranties extended by those manufacturers as

flowed. V . , . The non-struclural warranty does nut apply to the following: Parts that are not manufactured by Riviera;

Any charger; incuitcd by any vessel returned to the factoiy, dealer or authorized agent for inspection prior In authorisation of warranty repairs; The cast of removal or reinstatement ofa part, or disassembly or reassembly of the unit of which il is a component:

I teal and/or sun damage to the hull and/or gelcoat on hulls 1ha1 are painted a dark color: The installation of any equipment liy a dealer or other installer. Any installation of products not to Riviera's recommended specifications, because of the possibility that the use ofthese Products will exceed Riviera or government specification for overpowering, steering, handling, speed and safety;

Any vessels sold 1o the fits1 retail purchaser by anyone other than an Authorized Riviera Dealer;

Any item which Riviera has not been nmi lied of wh hi n thirty (30) days of lhe issue becoming apparent, Travel costs incurred ifthe boat is more than two (2) hours away from an Author! rad Riviera Dealer Or Riviera appointed waminty

repairer;

Vessels dull go in Io a syndication or stored ownership program or used for comtrnrreiul purposes are entitled IO dlCSiL

terms, subjecl to fair wear and tear on the Vessel. I

Sy c»r reassembly ofthe unii o I:' which, it is a component:

that are pit i rated s dark color;

jjhc 1 lull only, subsequent owners to whom rhe slmcmral warranty ul'lhe

'urriibty:

:r than a Riviera dealer listed

lural warranty

The structural warranty does rot apply to the following; A water leak through the joints between the hull, deck, flybridge and hardtop:

I jberglHHS small parts failures; Pails that are not manufactured by Riviera:

Interior failures, window or hatch failures;

Damage resulting trerni misuse, abuse, negligence, improper dock ing/ normal nHuntonmce;

Any charges incurred by any vessel relumed to the factory, deapAcon

warranty repairs; The cost of removal or reinstatement ofa part, or dkasscml Heat aiiiltor sun damage to the hull and/or gelcoat on hulls Owners other dun ihe first retail purchaser, er in relation u Hull has been vulidly transferred in accordance with thisU

Any vessels sold to the first retail purchaser by anyone oth<

ofthe purchase (Authorized Riviera thulirj. nr Any item which Riviera has not been nojnied ofwi

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 25 of 44
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2

The non-structural warranty tor vessels (hat go into a syndication or shared ownership program expires after the earlier ofeight hundred (800)

hours of use or two (2) years from the date ofdelivery to the syndication or shared ownership program, whichever occurs fust.

LIMITATIONS

RIVIERA SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDEN I ’AL OR INDIRECT

DAMAGES OF ANY NATURE.

RIVIERA SHALL NOT BE LIABLE FOR ANY LOSS CAUSED BY OR ASSOCIATED WITH

ANY DEFECT IN THE VESSEL FOR ANY REASON (INCLUDING NEGLIGENCE) OTHER

THAN ITS OBLIGATION TO REPAIR OR RE PLACET RIVIERA’S SOLE DISCRETION)

ANY DEFECTIVE PARTS IN ACCORDANCE WITH THIS WARRANTY.

THIS WARRANTY GIVES THE PURCHASER SPECIFIC LEGAL RIGHTS, THE RIGHTS

AND REMEDIES OF THIS WARRANTY ARE EXCLUJ&1VE AND GIVEN IN I JEU OF ALL

OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING BY LAW, CUSTOM,

CONDUCT OR USAGE OF TRADE, Q/filER THAN THOSE WHICH MAY NOT BE

EXCLUDED BY LAW.

THE PURCHASER MAY HAVE OTHER RIGHTS NOT STATED HEREIN AND THOSE

RIGHTS MAY VARY AMONGST DIFFERENT STATES OR COUNTRIES, INCLUDING,

WITHOUT LIMITA I ION, RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.

IN THE EVENT THAI IMPLIED WARRANTIES OR GUARANTEES ARE FOUND TO EXIST

UNDER THE LAW OF A PARTICULAR STATE OR COUNTRY NOTWITHSTANDING THE

EXCLUSION CONTAINED HEREIN, THE DURATION OF SUCH WARRANTIES SHALL BE

LIMITED TO THE DURATION OF THE APPLICABLE LIMITED EXPRESS WARRANTY

STATED HEREIN. TO THE EXTENT THAT SUCH LIMITATION IS PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY LAW. RIVIERA'S OBLIGATIONS (IF ANY} UNDER

THE AU STRAL^J^CONSUMER LAW ARE LIMITED TO THE REPAIR OR

REPLACEMENT OF THE DEFECTIVE PARIS, AT RIM ERA’S SOLE DISCRETION.

THE PURCHASER MUST SUBMIT THE WARRANTY REGISTRATION CARD Wl 1 1 1 IN

THIRTY (30) DAYS OF PURCHASE TO ACTIVATE WARRANTY COVERAGE. IF THE

PURCHASER FAILS TO DO SO. THEY SHALL NOT BE ENTITLED TO CLAIM UNDER

THIS WARRANTY AND WILL BE DEEMED TO HAVE PURCHASED THE VESSEL AS IS

WITH NO WARRANTIES. EXPRESS OR IMPLIED.

THE SKI LING DKAl.FR 15 NOT AN AGENT OF RIVIERA OR a CO-WARRANTOR AND IS NOT AUTHORIZED TO AMEND OR MODIFY THIS LIMITED WARRANTY IN ANY MANNER OR ASSUME ANY LIABILITY OR EXPENSE ON RIVIERA'S BEHALF

EXCLUSIONS; These limited express w arranties do not cover nr extend tn any of the Following! (a) defects

that arc a result of normal wear a mi tear, commercial use. racing, rental, charter or military use, abuse,

negligence. vandalism, lack of maintenaau, casualty loss or docking damage; (b) alterations and

modifications made without the written authorization of Riviera; (c) Leaks in windows and. hatches outside nt'

the non-stmctural warranty period; (d) components manufactured by other ma nil Tact iirer(s) (including, but

not limited tv. engines, transmissions, propellers, generators, electronics, batteries, air conditioning units and

appliances); (e) tears, fading, discoloration or mildewing of fabric or upholstered components; (f) blistering,

fading, chalking or cracking of any gelcoat, varnish, paint or metallic finish; (g) electrolysis, galvanic

corrosion, crevice corrosion or any other deterioration of underwater components: (h) statements and

representations That estimate The speed, weight, fuel consumption or other performance characteristics of the

vessel mid any statements, representations or warranties given by a dealer or any Third persons, other than

those given in this Warranty; and (i) any vessel, which has been overpowered so as to exceed the Riviera

reco mnit nded horsepower sp ecifica tin n J

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 26 of 44
NOT A CERTIFIED COPY

3

:li.

NO1 ICES: All notices la the first retail purchaser

address listed on the warranty registration curd Or tis<S

All notices la Riviera shall be delivered by registered

med uf 3 purchase exists under tbe Laws of a Recking iTscissLOd or revocation ofacceptance

la die Gist retail purchaser.

H ho responsible

anseni of

Riviera Austral is Pty I.id, Attention: Warranty Lh'pitrlmei

50 Waterway Drive CQOMERA, QLD ttOT Australia

ke aci

atty u

I'delr

dance with lhe Laws ofthe Slate cl'

JicensJand courts and courts

.sd lotion or ineonvenienl forum. muf lhenice o:'i

CHOICE OF LAWS: I his Warranty and al I matters arising related Io it shall be interprctci

Queensland. Australia. The purchaser and Riviera, irrevocably submit Io the exclusive jurisdictioi

competent to hear appeals Irani those courts, ond waive any claim ar objectlai based on the abset

r unenforceable may be severed from this document and the

vision is or becomes illegal. unenforceable' or invalid in any

kdietton, but the nest of this Warranty will not be affected.

SEVERAB1 LTTY: A clause or part of a clam of this Warranty that k

remaining clauses or pacts of the clause of this Warranty continue tn force.

I tinidictiLin.. it is Io be treated as being severed from Ibis Warranty in the u

.I oi

Ifany pro

levant lurt WARRANTY REGISTRATION: PurchaMisofnew^

thirty i 30) days of purchase Io activate the Warranty. A 1 1 rs I relatt pi

WARRANTY CLAIM PROCEDURES: All claims in relation to tins Warranty must be made in accordance with the claim

procedure described herein. The first retail purchaser must notify the Authorized Riviera Dealer from which they purchased lhe vessel [Selling Dealer) within thirty (30) days of discovering any defect. The first retail purchaser may request from the Selling Dealer an appointment to have

the Selling Dealer examine the vessel, or at lhe Selling Dealer's election and by poor arrangement, the first retail purchaser may deliver the

vessel to the Selling Dealer far -examination. 1'he Selling Dealer shall conduct the examination and submit 1o Riviera a ecivicc and parts request

by entail together with any documentation to support the claim. Upon receiving notice of defects covered by this Warranty from the Selling Dirakr. Riviera must promptly take action, or aulliorizc the Selling Dealer Io lake action, Io repair or replace (at its absolute discrclionf any defective parts.

In the event the Selling Dealer fails to respond Io firs! retail purchaser's notification, or lhe first retail purchaser is dissatisfied with the Selling Dealer’s nsspons*. the first retail purchaser shall promptly notify' Riviera, in writing at the address shown herein, of lhe first retail purchaser’s

dissalisfect ion and provide Riviera a reasonable opportunity 10 cure any defect covered by this Warranty. Any Ccunmunicatlonv in connection wilh the Warranties, other than comniunicatvons directly with the Selling Dealer, should be sent Io the following address: Riviera Austral Li Pty I.id. Attention: Watmty Department 50 Waterway Drive COOMERA, QLD 4209 Austral la

hi lhe evetd chat lhe repairs require the transpotlatiim of the vessel, such transport slta I] be at die owner's risk and 1 he

for any Iransportultun related charges. In no event shall the vassal be returned to lhe Riviera facilities without the pri Riviera.

DESIGN CHANGES: Riviera rriBcrvts the right Lu modify ils vessels through changes in design and

responsibility Lu vessel owners of similar or the same mode) manufuclurvd at an earlier dale.

nhcfwisi

post on ci

STATUTE OF LIMITAT IONS; In lhe event I hat the right Lu rescind or revol

particular Slate Or Country, arising out of the sale of a vessel manufactured by Riviera,

of such purchase shall he barred unless cununenced within one ( I) year alter lhe date oi

hvered by registered past or by email la the first registered purchaser al lhe

itificd to Riviera by the find retail purchaser.

tmercial mad to:

must sufuniL the attached warranty registration cord to Riviera within

laser who fails lu do so shall not be entitled Lu claim under this Warranty.

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 27 of 44
NOT A CERTIFIED COPY

4

Riviera Australia Ptv Ltd. WARRANTY REGISTRATION CARD

Hull I D il

Name:

Address: Phone:

City; State: Post Code:

Country:

E-Mail Address;

Selling Dealer:

Purchase Date: Delivery Date:

CUSTOMER SIGNATURE Date

THE Pl'RCHASER ACKNOWLEDGES RECEIVING A COPY OF R1VI AND ACCEPTS AND AGREES TO THE LIMITATIONS AND

TITED WARRANTY AT TIME OF SATE,

IS SET OUT IN TH IS WARRANTY

VS 1.1

.l.'SKM

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 28 of 44
NOT A CERTIFIED COPY

5

Hull I.D#

Name:

Address:

City: State: Post Code:

Country:

E-Mail Address: Phone:

Selling Dealer:

Purchase Date; Delivery te:

Original Handover Date of the Vessel:

Hours of the Vessel at Purchase Date:

Component* .

CUSTOMER SIGNAT Date:

SELLING DEALER SIGNATURE: Date:

i he purc:

Riviera Australia Pty Ltd. WARR ANTY TRANSFER REGISTRATION

CARD

Warranty to be transferred:

’Pl ease note that the transfer of the ccrni

original handover dale. The structural, w;

handover date.

Hoth*n

warranty can only be done within the first 24 months of the

pan be transferred within the first seven years of the original

THIS REGISTRATION CARD MUST BF. COMPLETED IN FULL AND SENT TO RIVIERA AUSTRALIA PTY LTD. S WATERWAY DRIVE. CQOMERA QLD 4209, AUSTRALIA. ALONG WITH THE USD MOO REGISTRATION

FEE WITHIN 14 DAYS OF THE DELIVERY TO TILE NEW OWNER

AIKjNOW I. EDG ES RFXJi I V J NG A COPY OU H IV I E KA’S I J M I I ED WARRAM T AT I I M E UF HD ACCEPTS AND AGREES TO THE LIMITATIONS AND EXCLUSIONS SET OUT IN THIS WARRANTY

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 29 of 44
NOT A CERTIFIED COPY•5

Composite

Exhibit C

Won Buy Land, LLC vs. Midwest Assets &

Operations, LLC d/b/a OneWater Yacht

Group and Riviera Marine (Int.) Pty. Ltd

Inc. d/b/a Yachts of the Americas

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 30 of 44
NOT A CERTIFIED COPY

Via Email & U.S. Mail

August 17, 2022

Re:

Dear Mr. McC ;erty:

Please take notice that Harry Patten and Won Buy Land, LLC (“Buyer”) revoke

the previorb^acceptance of the referenced Riviera Yacht delivered by your

Dealer on December 16 and 17, 2021. The Riviera Yacht fails in any respect to

conform to the contract, as explained below.

As you know, in early January 2022 only a couple of weeks after delivery, the

Yacht Captain discovered a leaking fitting going to the secondary, standby

generator, which spilled diesel fuel on the deck. A few days later when the

Dealer sent a Technician to the Yacht, the Technician found the port fuel tank

emergency shut-off valves completely disconnected. The fuel system problems

only got worse.

Chris McCafferty

82 1 NE Third Street

Dania Beach, FL 33004

Chris McCafferty

International Sab

Riviera Yachts

5567 SE Aval\

Stuart, FL, 349'

Drive

7-8557

Haas Hatic, Partner

PNC Building

200 East Broward Boulevard, Suite I BOO

Tort Lauderdale, Florida 3330 1

Phone: 954.49 I . I I 20

Direct Phone: 954.343.6955

Direct Fax; 954.343.69S6

Email: haas.hatic@gmlaw.com

cmccaffertv@rivieraxoin.au

Chris McCafferty

International Sales Director

Riviera Yachts of the Americas

2801 SE Monroe Street

Stuart, Florida 34997

Greenspoon Marder^

Atlanta Bosa Raton Chitajo Denver Ft, Lauderdale Las Vegas Los Angelas Miami Naples Newark Nevt York Orlando Portland Scottsdale Tallahassee Tampa West Palm B-each

5ll454220vl O572f5.OOOT

(2) Notice ofbleach of warranty Riviera Yacht

(§672.607(3)(a), Fla. Stat.)

(1) Notice—Revocation of acceptance—Seller’s failure to cure

(§672.608(2), Fla. Stat.fR^iera - 72 SMY 024 “Won Buy Land,”

HIN # RIY720224H 122, and Two Man Engines & Components, Inc.

[Port 710 5886 814 5886 and Starboard 710 5886 802 5886]

(collectively, the “Riviejra Yacht”)

Director

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 31 of 44
NOT A CERTIFIED COPY

5 1454 ’20v] 0S726.Oim

In May 2022, while underway and with the owner and guests aboard, the

Yacht’s Captain discovered the starboard engine tank and fuel-line leaking. The

tank monitoring system revealed that the tank lost 100-120 gallons of diesel

fuel- That lost fuel spilled into the vessel causing an environmental incident,

which necessitated an emergency pump-out and clean-up of spilled fuel, and

another replacement of fuel system fittings.

Despite the repair attempt, the tank and fuel system failed a second and then a

third time caused additional environmental contamination. Now the $5MM+

Yacht has been in the Dealer or Manufacturer’s hands for nearly four out of

eight months of ownership, and the fall-out from the fuel system leaks persists.

Notice is also given, pursuant to Sectimfl672.607(3)(a) of the Florida Statutes,

that the Riviera 72 Sports Motor Yacht referenced above contracted for and

delivered on December 16 and 17, 2021, is not of merchantable quality, within

the meaning of Section 672.3 14^14 the Florida Statutes, and federal statutory

and common law. The Yacht does not meet the standards warranted by you

and required by state and federal law, as the above discussion of the fuel-leaks

and spills establishes, Sm

and Section 672.314, Fla.

Chris McCafferty

August 17, 2022

Page No. 2

As the revocation requires, and since you are in possession off the yacht,

please arrange to return the full purchase price of the Yacht paid

$5,019,495.00 along with all of Buyer’s expenses reasonably incurred, such as

incidental and consequential out-of-pocket expenses, presently $ 78,423.6g,1

for a total of $5,097,968,68, Buyer will surrender title to and release its

statutory j^ctmty interest in the Yacht on receipt of full payment. Should you

not provide these remedies, Buyer will cover by selling the Yacht in this

market, as you can expect, Buyer will necessarily have to disclose these

serious deficiencies to any prospective Buyer, and will seek all damages

provided by law in an amount no less than that stated above.

1 - camera in galley - $1,072,6; - engine and generator services - $10,970,66; - props, shaft, bottom paint

- $16,0+2.42; - Fighting chair & pedestal $1 1 ,127.00; - upgraded charts for electronics $2,636.00; - re

rigged outriggers and hardware $1 ,100.00; - ceramic coated windows and outriggers - $3,400.00; - monthly divers bottom cleaning $235.00x4 months S9 40.00insurance $27,675.00; and transportation,

crew movements with Yacht related to defect $3,460.00.

Attachment A, Section 672.607(3) “Notice of Default”

tat. ' Implied Warranty.”

The defect substantial impairs the value of the Yacht, A reasonable person

would find that fuel system issues causing hundreds of galldns of fuel spilling

into the Yacht while underway is a non-conforming and life-threatening defect.

Accordingly, Buyer now revokes the previous acceptance of the Riviera Yacht,

pursuant to Section 672.601 et seq. of the Florida Statutes. See Attachment A,

“Buyer’s Rights on Improper Delivery”.

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 32 of 44
NOT A CERTIFIED COPY

Your prompt attention to this matter is expected.

Very truly yours,

5 1 45422flv 1 05726.W9

Chris McCafferty

August 17, 2022

Page No. 3

GREENSPOON MARDER LLP

/Xf Bi

Haas Hatic, Partner

Attachment

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 33 of 44
NOT A CERTIFIED COPY

ATTACHMENT A

>n over.-

of bi

to’

the harrnleM against infringement or the like <5. ft?l, 3l2[3]l).

ism

It for

5 1 454220V 1 (15726.0009

Chris McCafferty

August 17, 2022

Page No. 4

he of

litigsl

**Lh of be birred from any remedy; j-ic

^o notify the teller wluiln a reasouirie

Ang that hit of her bn , er turn owr to him or her -control of the

all expense and to satisfy any adverse jiriynent. then sinless the

672.60 7 Effect of ac<eptarne; notice of breach; burden of establishi-ng breach after acceptance; notice -of claim or litigation to

fl} "The buyer must f-ay al the contract rate for any joods accepted.

|2| Jiceplance of goods by tbe buyer precludes rejection of the ^oods accepted and if made with knowledge of a nonconformity can

(he acceptance was on (he reawnaHe assumption that the npncoofonniity wouW be seasonably ccred but acceptance does not of itfWi

this Chapter for rtOrtMhfOrmlty

{1} Vlhere a tender has be« accepted:

|a| The buyer must within a reaMnaUetlme after he or she discovers or should have discovered any breach notify

|bj If the claim is one fee Infrlrigecient or Die lAe (s. 672,312(31] and the buyer Issued as a result of such a br&wZ

time after be or she receives notice of th? litigation or be barred from any remec, over for liability established by tbe Pl Hhe burden is On the buyer to establish any breach with respect to the goods accepted.

|$| where the buyer Is sued for bMM* of a warranty or ntber cblijation for which bls or her wller is

(1) thy buyer may -give hl;<X her seller wrfflM np(k+ pf (h* Helion. If tM notice stales (hit the) m she will be bound in any ifiiM a jaiut film or her by hH & her buyer by ity Petes irtinaiito tf factetr

recent d the notice does come in and defend hear she Is so bc^d.

If the cLiim fa we for Infrlngerwnt or ttie Ifte- (s> 672.112^3]) the original seller

Litigation including settlenwnt or else be barred from any remedy over and l< he she

buyer after se«cnab!e receipt of the demand does turn over consol the buyer « » bt*

|t| "The provision? of subsections. (3)? [4 and (5) apply to any obligaticwii of a er'

1, ch, ftMS* s, 5*2. ctl *? «Q.

7-Mi7.ii.r_r.

DU! nonconfwmlty jubstantlilly impjfc'i its value to he- or him If jhe ar he has accepted It:

"has not been wawnabty cured; or

nrtuly Induced either by the difficulty of dlsoo*e*y before iccetnaKeo* by the sellers

PfJ.frOi fievorMUmrUKceptance m whole or inpon.-

(I i The buyer may revoke her or hl* acceptance of a Lot or ci Cd the reasonable assompiton that tts nonconformity

(b) without dBcwery of such noncanfoimlty If he* -or h--s

assurances.

|I) Relation of acceptance must occur within a

in condition of the goods rrhich Is kA c*used by their | (3) * buyer who so renames has the same right? an.

Huterji-S. I . <F. W-2S< i. SB, cK Wdffl.

MfHjir.-T_i4JM.UXX-

(Mr:

C<nr in and defend and *htt if CM WH«r tfott nq( dp » hf

h tw$ IhlgnifrTS , then uMW IM Mllfrf seascriable

be because <jf it unless

nr any other remedy provided by

472.60 1 Buyer's rightion improper delivery.-Subject to the provisions of this chapter on breach In installment contracts [s. 472.61 2) and unless otherwise apeed under

the section? on contractual tintftatkjns of remedy jss. $72,716 and ft?2.7 1 *ji), if the goods or the tender of delivery fall In any respect to conform to the contract, the buyer

may:

fi) Reject the whole: or

[2] Accept the vwhtfe : or

|3 J Accept any commercial unit or units and reject the rest.

HWnr>-5. 1 . 4T-. ftfr-ZM.

I4bi, pXX.

to foods of that MfidL

(2) Goods to be rri

(aj Pass -wlthouK

(b) inti

tM

(d) Hun

(e) Jv*

(0 CiXifpini^ci thf pvoniues or jff Imitiom pf fKt nWit cn the mukwr <x lube) if jn^

(1) Unltts tvdudtu or nwoifltd (s- tn.316) ulbtr implied wrtrfiw nny ameWn owjiwof Peking or usogepf trifle,

i, tr-rt-rn.

lltrmo

11O.-I td

672.3 1 4 Implied warrontyr; merchantability; usage of IrAde.-

(1) Unless excluded or (Troi^gd (S. 672,3 lt>}, a warranty that the goodi shall be merchantable is implied In a contract for their ule if the seller is a merchant with ri

Juiiii'r ". his- S«4i^r the serving for value Of food Or drftlk to be COrtsimed either cci the premlieii dr elsewhere it a Sale.

leichnkable mbit be at least such as:

ibjeiticrt in the u*de uMer the cwtrict description; and

ftii'jjibi# gccxli. are of fair average Quality within, the descrlptlwu arri onftfiary purposes for wMch such goods are used: and

^•vafiatkws permitted by the agreensent , of e^en klbd. Quality wd quantity within each unit wd among all units liwcflved: and

luately contained, packaged, and labeled as the afreement may require; and

iasonabLe tl^^ner the buyer dHcowers or should ha-*e discovered the ground for It a«d before wy substantial change m defect}. 1^ not effective until the buyer notifies lhe sei.er ' it.

regard to the ioods involved as w she or he had rented (hern.

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 34 of 44
NOT A CERTIFIED COPY

Attachments:

Mr. McCafferty,

Please refer to rhe attached letter of today's date, from Haas A. Ha tic.

c should you have

-9264

1

niaain

Boca Raion | Denver fl Edison | Fc. Laud-erdale | Las Vegas New Ya-rk | Orlando fl Portland | Scottsdale | Tallahassee

Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any

attachments, is not, and is not intended to be, "written advice” as defined in Section 10.37 of Treasury

Department Circular 230.

Los Ar

Tarnpa.

From:

Sent:

To:

Cc:

Subject:

Thank you for your attention to this matter. Please do not hesitate to contact M

any questions or require additional information,

fefj Miami | Naples

resL Palm B-eaeh

ARDER LLP LEGAL NOTICE

ntained in this transmission may be attorney/client privileged and confidential, (t is intended

only for the use of the individual or entity named above, If the reader of this message is not the intended

recipient, you are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please notify us immediately by reply cmail.

Rene Vazquez <Rene.Vazquez@gmlaw.com>

Wednesday, August 17, 2022 5:51 PM

cmccaffe rty@ riviera .com .au Haas I latic

72 SMY 024 "Won Buy Land" - Revocation of Acceptance; and Breach of Warranty

[IWOV-Active. F I DI 5297757]

Patten -- Notice of Revocation and Notice Berach Warranty to Chris McCafferty.PDF

GREENSPOON ft

The information o

Greenspoon Marder.4)

I CELEB PATIN* FOflTT YEARS. TOGfTMER

Rene Vazquez

Legal Assistant to Evan B. Klinek, Esq,, and Haas A. Hall

Greenspoon Marder LLP

200 East Broward Boulevard, Suite 1800

Fort Lauderdale, FL 33301

Main: (9S4) 491-1120, Ext 1942 | Fax: (9S4)<7

rene.vazauez@amlaw.com | www.gnrilawxQ.pn

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 35 of 44
NOT A CERTIFIED COPY

you provide will be used for that

2

A portion of our practice involves the collection of debt and any information

purpose if we arc attempting to collect a debt from you.

you provide will be used for that

2

A portion of our practice involves the collection of debt and any information

purpose if we arc attempting to collect a debt from you.

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 36 of 44
NOT A CERTIFIED COPY

Via Email & U.S. Mail

August 17, 2022

Re:

Dear Mr. Do. r:

ce that Harry Patten and Won Buy Land, LLC (“Buyer") revoke

Ned Dozier

OneWater Yacht Group

3225 W. State Road 84

Fort Lauderdale, FL 33312

As you know, in early January 2022 only a couple of weeks after delivery, the

Yacht Captain discovered a leaking fitting going to the secondary, standby

generator, which spilled diesel fuel on the deck. A few days later when the

Dealer sent a Technician to the Yacht, the Technician found the port fuel tank

emergency shut-off valves completely disconnected. The fuel system problems

only got worse.

(2) Notice of breach of warranty Riviera Yacht

(§672. 607(3] (a), Fla. Stat.) '

Haas Hatic, Partner

PNC Building

200 East Broward Boulevard, Suite I BOO

Tort Lauderdale, Florida 3330 1

Phone: 954.49 I . I I 20

Direct Phone: 954.343.6955

Direct Fax; 954.343.69S6

Email: haas.hatic@gmlaw.com

ned@owyg.com

Ned Dozier

OneWater Yacht Group - Dania Beach

82 1 NE Third Street

Dania Beach, FL 33004

Please takeup

the previous acceptance of the referenced Riviera Yacht delivered by your

Dealer on December 16 and 17, 2021. The Riviera Yacht fails in any respect to

conform to the contract, as explained, below.

Atlanta Boea Raton Chitajo Denver Ft, Lauderdale Las Vegas Los Angeles Miami Naples Newark Nevt York Orlando Portland Seortsdale Tallahassee Tampa West Palm B-each

5I.45172RV1 0572(5.0009

Greenspoon Marder^

(1) Notice—Revocation of acceptance—Seller’s failure to cure

(§672.608(2), Fla. Stat.) Riviera - 72 SMY 024 "Won Buy Land,”

HIN # RIY720224H122, and Two Man Engines & Components, Inc,

[Port 710 5886 814 5886 and Starboard 710 5886 802 5886]

(collectively, the “Riviera Yacht”)

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 37 of 44
NOT A CERTIFIED COPY

5l45172Sv] 0S726.Oim

Ned Dozier

August 17, 2022

Page No. 2

In May 2022, while underway and with the owner and guests aboard, the

Yacht’s Captain discovered the starboard engine tank and fuel-line leaking. The

tank monitoring system revealed that the tank lost 100-120 gallons of diesel

fuel. That lost fuel spilled into the vessel causing an environmental incident,

which necessitated an emergency pump-out and clean-up of spilled fuel, and

another replacement of fuel system fittings

Despite the repair attempt, the tank and fuel system failed a second and then a

third time caused additional environmental contamination. Now The $5MMYacht has been in the Dealer or Manufacturer’s hands for nearly four out of

eight months of ownership, and the fall-out from the fuel systeniileaks persists.

Notice is also given, pursuant to Section 672.607 (3)(a) of the Florida Statutes,

that the Riviera 72 Sports Motor Yacht referenced above contracted for and

delivered on December 16 and 17, 202 I , is not of merchantable quality, within

the meaning of Section 672.3X4vf the Florida Statutes, and federal statutory

and common law. The Yacht doesmot meet the standards warranted by you

and required by state and federal law, as the above discussion of the fuel-leaks

and spills establishes. See Attachment A, Section 672,607(3) “Notice of Default”

and Section 672.314., Fla. Stat. “Implied Warranty.”

1 - camera in galley - $1,072,6; - engine and generator services - $10,970,66; - props, shaft, bottom paint

- $16,0+2.42; - Fighting chair & pedestal $1 1 ,127.00; - upgraded charts for electronics $2,636.00; - re

rigged outriggers and hardware $1 ,100.00; - ceramic coated windows and outriggers - $3,400.00; - monthly divers bottom cleaning $235.00x4 months S9 40.00insurance $27,675.00; and transportation,

crew movements with Yacht related to defect $3,460.00.

As the revocation requires, and since you are in possession off the yacht,

please arrange to return the full purchase price of the Yacht paid

$5,019,495.00 along with all of Buyer's expenses reasonably incurred, such as

incidental and consequential out-of-pocket expenses, presently $ 78,423.68, 1

for a tota^Jr $5,097,968.68. Buyer will surrender title to and release its

statutory security interest in the Yacht on receipt of full payment. Should you

not provide these remedies, Buyer will cover by selling the Yacht in this

market. As you can expect, Buyer will necessarily have to disclose these

serious deficiencies to any prospective Buyer, and will seek all damages

The defect substantial impairs the value of the Yacht,

would find that fuel system issues causing hundreds of

into the Yacht while underway is a non-conforming and life-threatening defect.

Accordingly, Buyer now revokes the previous acceptance of the Riviera Yacht,

pursuant to Section 672.601 et seq. of the Florida ^tatutes. See Attachment A,

“Buyer’s Rights on Improper Delivery’'.

A reasonable person

'aliens of fuel spilling

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 38 of 44
NOT A CERTIFIED COPY

provided by law in an amount no less than that stated above.

Your prompt attention to this matter is expected.

Very truly yours,

5l45172Sv] 0S726.Oim

Ned Dozier

August 17, 2022

Page No. 3

GREENSPOON MARDER LLP

Haas Hatic, Partner

Attachment

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 39 of 44
NOT A CERTIFIED COPY

ATTACHMENT A

m isweroble over.-

of bn

tr

the MnmL«5 agaimt infringement Qr th* like (i.

|*cth

It for

5 145172RV1 (15726.0009

Ned Dozier

August 17, 2022

Page No. 4

he ar sh®

litigatioA.

/wr the tn^er dfacortn & shcw'.d hi-** discovered the grouM for It a«d before wy stUHtaniUI change mt effective until the buyer notifies th* mU*t a' it.

regard to the goods involved as M she or he had refrectwl them,

?lch of be barred from any rentedy; and

so notify the seller within a reasonable

this?

tot-'*

fwsr noncoritamlty lubstaritlallY tanpUn its value to he* or him if ibe or be has accepted It: Oils not tawi wawmbty cured; or

tnably IMjeed e*iher by th* dlffteulty of disco-*<y before acceptance w by th# selle*

'em* In and defend and that If the letter foes not do so he

e two Iftlgatlefis , then unless the seller after seasonable

.be revr\#d because of it unless

ifir arty Other rtirttdy provided by

'asonab.t? tN

>n defeet4. Il krites

672.MM fievoc*! Ion ol «e*ptarK* In whole or Sn part.-

1 1 ) The buyer may revoke h#r or his accepurtce uf a Lot or ci

(a) On the reawnatil# awumptkm that its nonconformity wa

(b) without. dlscov#<y of such rwncmfo«mlty II he* -or h^

atsuranc«.

JI) Re*ocatiort of acceptance must occur within a

in condition of tiw good* rfhfch Is not caused by their | <3) AM*r wfto so revehei has the same rights a*

HMiw>-i. i . <n. es-ifce i. ssl >*. w- 102.

*M».- k 3 -UM. UrCjfi,

672.6D I Buyer '& rightion improper deliwry.-$dbj*ct to Hie provisions of this chapter on breach in installment contracts [i. QfZ.OIgfr and unless otherwise agreed under

th* sections on contractual llmitatlow of remedy |w. 472,716 and 672.719). H the goods or the lender of delivery fail In any respect to conform io th* contract, th* buyer

may:

[ij Reject the whole: or

[J] Accept th* whoi*; or

[J] Accept any commercial unit or urria and reject the iest.

rtHtcnu-s, I'di'tf-H*.

teML-A MOI, ULCC.

fnerctiamtaJbMy; usage of lre<Se.-

tieii (s, 4ZU11I . * wjjranty that th* goods shall be merchantable is Implied In a contract for th*lr tai* If w* seller Is a merchant with r<

pn th* serving for valu# of food or drink to b* consumed #ith#r on th* premlws or f«5*wh*re I* a sal*.

rt be at Least such »:

|n the Irada- under the contract description; and

goods, are of fair awerage quality within the description; and Ordinary purposes for which such goods Are used; and

^•variations permittee! by the agreement, of even kind, quality and quantity within each unit arid among all units liwoh«d; and

iuawly contained, packaged, and Labeled as the a^eerneni may requite: and

672.J 1 4 implied warren)

(1) Unless excluded o^jC

to goods Of that kind . JmXrr t (j) Goods to tw/nerchS|

(a) Passwithoul

(b) In tl

(0

Cd) Ruff

(*) Aw

(fl C&hfcxrnJo th* promises or afflrmattons f*ex niade co the container or label if any.

(3) Unless excluded or rnodifled (k 6723 «her impUed wammfeiM may arise Iron* course of dealing or usage cd trade. mstcr^-5, . ch-iS-rw.

Hct*,-5. i-3i*. uiC.C.

Iler ma Wi to

672 .607 Effect of acceptance: notice of breach; burden of establishi ng breach after acceptance; notice of claim or litigation to pei

4 1 1 The buyer must pay at the contrxt rat* for any goods accepted. A

42 1 AOCtpbMM of goods by the buyer precludes rejection of th* joods accepted and ff rrmd? with knowledge of a nonconformity ca»wi

the acceptance wa$ on the rewomWe assumption that the rtoftwn family wouM be wawruiWr cixed but acceptance do« mc or meti ;rnpi

this chapter for iwtconforrrtlty.

{1} Where a [»Uer Dai bew incepted:

|3| 7he fru^er msl vlthin s reasonable tine after he ar sire dfacown w should have discovered ary breach notify

lb) Jf Uw claim is one for kifrihjement or ttie luxe (s. 11 2(311 end the buyer Issirfd is a las* of such i breed!

time after Ire w she receives notice of the litigation or be barred from any remedy over for liability established by the

f*} The burden is on the buyer W establish any breech with respect to the gooes accepted.

|$| Where the buyer Is sued tor breach of iwlrrllibyOr Other dtUfltfcfl fur tfld) hit Or her teller Is 1

|a| the buyer may give his or Ire. seller written oatKe st the litigation. If rbe notice states tlut t'reh.-

n she will be -bound in irty setion a jalitsl him or her by hb er her buyer by ihy detwoHnnlon of fact conii

recent of th. notice does coTM in and defend he or she h so tawsd

|b) If th* ebrirn b we for Infrlngertent or th* Ifl® (s. 672312^3)] th* original seller

litigation includln? settlen^nt or els* be l»rj*d from any remedy over and il h* w she byyer after ise4Bon?ble receipt *f th* demand dws turn *w*r cwtrel the buyer is wJb^

|$| Th# prpriskmi *f jjjJbwctions (3), [4) and (5) apply to any pblijatkm of ajgyer 1 Htrtery. -5. 1. <h. 65-BA; ?• 5W. Ch- W- MJ?.

7-Ml7.ir.rjC.

vri-Jng that his or h*r buyer turn over to him or her control of the

aar ill expense and to satisfy any averse judgment, then unless the

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 40 of 44
NOT A CERTIFIED COPY

Attachments:

Mr. Dozier,

Please refer to rhe attached letter of today's date, from Haas A. Ha tic.

c should you have

-9264

1

raiaa in

Boca Raion | Denver fl Edison | Fc. Laud-erdale | Las Vegas New Ya-rk | Orlando fl Portland | Scottsdale | Tallahassee

Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any

attachments, is not, and is not intended to be, "written advice” as defined in Section 10.37 of Treasury

Department Circular 230.

Los Ar

Tarnpa.

From:

Sent:

To:

Cc:

Subject:

Thank you for your attention to this matter. Please do not hesitate to contact M

any questions or require additional information,

fefj Miami | Naples

resL Palm B-eaeh

ARDER LLP LEGAL NOTICE

ntained in this transmission may be attorney/client privileged and confidential, (t is intended

only for the use of the individual or entity named above, If the reader of this message is not the intended

recipient, you are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please notify us immediately by reply cmail.

Rene Vazquez < Re n e.Vazq uez@g ml aw.com > Wednesday, August 17, 2022 5:48 PM

ned@owyg.com

Haas I latic

72 SMY 024 "Won Buy Land" - Revocation of Acceptance; and Breach of Warranty

[IWOV-Active. F I DI 5297757]

Patten -- Notice of Revocation and Notice Berach Warranty to Ned Dozier.PDF

GREENSPOON ft

The information c

Greenspoon Marder.4)

I CELEB PATIN* FOflTT YEARS. TOGfTMER

Rene Vazquez

Legal Assistant to Evan B. Klinek, Esq,, and Haas A. Hati

Greenspoon Marder LLP

200 East Broward Boulevard, Suite 1800

Fort Lauderdale, FL 33301

Main: (9S4) 491-1120, Ext 1942 | Fax: (9S4)<7

rene.vazauez@gmlaw.com I www-gmlaw.com

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 41 of 44
NOT A CERTIFIED COPY

you provide will be used for that

2

A portion of our practice involves the collection of debt and any information

purpose if we arc attempting to collect a debt from you.

you provide will be used for that

2

A portion of our practice involves the collection of debt and any information

purpose if we arc attempting to collect a debt from you.

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 42 of 44
05079194-1 Page 1 of 2

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, INAND FOR 

PALM BEACH COUNTY, FLORIDA

WON BUY LAND, LLC,

Plaintiff,

vs. CASE NO.: 2022 CA 8601

MIDWEST ASSETS AND OPERATIONS, LLC

A Georgia Limited Liability Company,

d/b/a ONE WATER YACHT GROUP

and

RIVIERA MARINE, (INT.) PTY. LTD., INC.,

An Australian Corporation, 

d/b/a YACHTS OF AMERICAS,

Defendants.

_________________________________________/

DEFENDANT, RIVIERA MARINE, (INT.) PTY. LTD., INC.’S NOTICE OF FILING 

NOTICE OF REMOVAL

NOTICE IS HEREBY GIVEN, pursuant to 28 U.S.C. §1446, that Defendant, RIVIERA 

MARINE, (INT.) PTY. LTD., INC., has filed a Notice of Removal of this action to the United 

States District Court for the Southern District of Florida, West Palm Beach Division. A copy of 

the Notice of Removal is attached hereto as Exhibit A and incorporated as if fully set forth herein.

Respectfully Submitted on this 30th day of September, 2022. 

BERLIN | PATTEN | EBLING, PLLC

3700 South Tamiami Trail, Suite 200

Sarasota, Florida 34239

Telephone: (941) 954-9991; Facsimile: (941) 954-9992

Primary E-Mail: dguarnieri@berlinpatten.com

Secondary E-mail: marinal@berlinpatten.com

By: s/Daniel C. Guarnieri

Daniel C. Guarnieri, Esq.

Florida Bar No. 0914401

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 43 of 44
05079194-1 Page 2 of 2

CERTIFICATE OF SERVICE

I CERTIFY that on this 3rd day of October, 2022, I electronically filed the foregoing 

document with the United States District Court for the Middle District of Florida by using the 

CM/ECF system. I certify that all participants in the case are registered CM/ECF users and that 

service will be accomplished by the CM/ECF system. 

By: s/Daniel C. Guarnieri

Daniel C. Guarnieri, Esq.

Florida Bar No. 0914401

Service List:

Haas Hatic

Greenspoon Marder LLP

200 East Broward Blvd. Ste. 1800

Ft. Lauderdale, FL 33301

Email: haas.hatic@gmlaw.com

Case 9:22-cv-81536-DMM Document 1 Entered on FLSD Docket 10/04/2022 Page 44 of 44