UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA

IN ADMIRALTY

WEST PALM DIVISION

PROVIDENT BANK

Plaintiff,

v.

DONALD W. MILLER

Defendant.

CASE NO:

COMPLAINT

COMES NOW, PROVIDENT BANK ("PROVIDENT"), by and through its undersigned 

Counsel, and files this, its Complaint against DONALD W. MILLER ("MILLER) and would 

allege as follows:

PARTIES JURISDICTION AND VENUE

1. This is admiralty and maritime action within the meaning of Rule 9(h). This Court 

has subject matter jurisdiction pursuant to 46 U.S.C. §31325, the Ship Mortgage Act.

2. Plaintiff PROVIDENT BANK is a New Jersey Corporation with its principal 

business address at 10 Woodbridge Center Drive, Woodbridge, New Jersey 07095.

3. Defendant MILLER is a resident of Palm Beach County, Florida, residing at 2347 

Prosperity Bay Court, Palm Beach Gardens, Florida 33410.

4. Venue is proper where Defendant MILLER resides in Palm Beach County, Florida.

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CASE NO. 

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FOWLER WHITE BURNETT P.A. • 200 EAST LAS OLAS BOULEVARD, SUITE 2000 – PENTHOUSE B, FORT LAUDERDALE, FL 33301• (954) 377-8100

GENERAL ALLEGATIONS

5. On or about December 2, 2005, Sovereign Holdings, LLC. (a single member LLC 

owned by MILLER) entered into a New Jersey Promissory Note and Security Agreement with 

Elite Financial Group, Inc. for the principal amount of $152,500.00, with interest at the rate of 6.9

percent per annum for a period of 240 months. A true and correct copy of the Promissory Note 

and Security Agreement ("Note") is attached hereto as EXHIBIT "A." 

6. As further security for the monies advanced pursuant to the Note, Sovereign 

Holdings, LLC granted PROVIDENT BANK a mortgage on the M/Y Legal Ease, a 2005 

Adventure Motor Yacht, USCG Official Number 1175776, Hull Identification Number 

VNM00315E505 ("Vessel"). A true and correct copy of the "Mortgage" is attached hereto as 

EXHIBIT "B."

7. The Mortgage was duly and validly recorded with the United States Coast Guard 

National Vessel Documentation Center on April 10, 2006 at 1:18P.M. at Batch Number 478867 

and Doc. ID: 5227087.

8. As further security for the monies advanced pursuant to the Note, on or about 

December 2, 2005, MILLER executed an unlimited Guaranty. A true and correct copy is attached 

hereto as EXHIBIT "C."

9. The Note and Security Agreement and Guaranty were assigned to the PROVIDENT 

BANK on December 2, 2005. A copy of the assignment is attached hereto as EXHIBIT "D."

10. In approximately June, 2020, the loan went into default where payments were not 

made pursuant to the terms of the Note Mortgage and Guaranty. Thereafter, PROVIDENT took 

possession of the Vessel in early September, 2021.

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CASE NO. 

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FOWLER WHITE BURNETT P.A. • 200 EAST LAS OLAS BOULEVARD, SUITE 2000 – PENTHOUSE B, FORT LAUDERDALE, FL 33301• (954) 377-8100

11. On or about September 8, 2021, PROVIDENT sent a copy of its Notice of Intent to 

Sell the Vessel to Sovereign Holdings, LLC. and MILLER. A true and correct copy of the Notice 

is attached hereto as EXHIBIT "E."

12. The Vessel was marketed by National Liquidators, and sold at a private sale on 

October 18, 2021 for a gross amount of $70,800.00. Taking into account commission, 

repossession charges, storage and other charges attendant to the sale of the Vessel, the net sales 

proceeds were $59,685.00. A copy of a Post Sale Notice is attached hereto as EXHIBIT "F."1

13. Taking into account the credit of the proceeds of the sale from the Vessel, as of

October 31, 2022, MILLER owes $46,628.54 with per diem interest thereafter in the amount of 

$7.18 each day. 

14. PROVIDENT BANK has retained undersigned Counsel and is entitled to the 

recovery of its reasonable attorney's fees from MILLER.

15. PROVIDENT BANK has satisfied all conditions precedent to bringing the instant 

lawsuit.

COUNT I: BREACH OF GUARANTY

16. PROVIDENT BANK realleges and re-avers the allegations contained in 

paragraphs 1-15 above as if fully set forth herein.

17. MILLER breached the note, mortgage and guaranty by failing to make installment 

payments when due.

1 The Post Sale Notice includes $1,552.50 in attorney's fees which has been removed from 

the principal amount owing herein and instead will be sought as attorney's fees post judgment.

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CASE NO. 

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FOWLER WHITE BURNETT P.A. • 200 EAST LAS OLAS BOULEVARD, SUITE 2000 – PENTHOUSE B, FORT LAUDERDALE, FL 33301• (954) 377-8100

18. As a result, PROVIDENT BANK exercised its right to repossess and sell the Vessel

as reflected in the Notice of Plan to Sell Property and Post Sale Notice attached hereto.

19. At all times material hereto, PROVIDENT BANK and its agents marketed and sold 

the Vessel in a commercially reasonable standard.

20. After the sale of the Vessel there remained a deficiency balance owed. MILLER

had a contractual obligation to pay the deficiency balance owed after the sale of by virtue of the 

Guaranty.

21. Despite Plaintiff's demands, MILLER breached his contractual duty by failing to 

pay the deficiency balance owed.

22. As a result of MILLER's breach, PROVIDENT BANK has suffered damages. As 

of October 31, 2022, MILLER owes $46,628.54 with per diem interest thereafter in the amount of 

$7.18. 

23. PROVIDENT BANK has been required to retain undersigned counsel to prosecute 

this action. PROVIDENT BANK is entitled to its reasonable attorney's fees and costs pursuant to 

the terms of the Note, Mortgage and Guaranty.

WHEREFORE, PROVIDENT BANK demands judgment against MILLER (as of October 

31, 2022) in the amount of $46,628.54 with per diem interest thereafter in the amount of $7.18, 

plus costs, reasonable attorney's fees and post judgment interest.

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CASE NO. 

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FOWLER WHITE BURNETT P.A. • 200 EAST LAS OLAS BOULEVARD, SUITE 2000 – PENTHOUSE B, FORT LAUDERDALE, FL 33301• (954) 377-8100

Respectfully submitted,

/s/ Adam B. Cooke

Adam B. Cooke

Fla. Bar No. 634182

Email: acooke@fowler-white.com

Robert D. McIntosh

Fla. Bar No. 115490

Email: rmcintosh@fowler-white.com

FOWLER WHITE BURNETT, P.A.

200 East Las Olas Boulevard

Suite 2000 - Penthouse B

Fort Lauderdale, Florida 33301

Telephone: (954) 377-8100

Facsimile: (954) 377-8101

Case 9:22-cv-81665-XXXX Document 1 Entered on FLSD Docket 10/28/2022 Page 5 of 5