IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH, COUNTY

JOSHUA LIDE and

RISE ABOVE WELLNESS LLC,
a Florida Limited Liability Company. .

Plaintiffs,
v.

FITDESTINY LLC., a Florida Limited Liability Company

and BRANDON SELLNOW, an individual.

Defendants.
________________________________________________/

COMPLAINT

Plaintiffs, JOSHUA LIDE and RISE ABOVE WELLNESS LLC, a Florida Limited

Liability Company, (hereinafter collectively “PLAINTIFFS”) sue the Defendants, FITDESTINY

LLC a Florida Limited Liability company, and BRANDON SELLNOW, an individual,

(hereinafter collectively “DEFENDANTS”), and as grounds therefore states as follows:

1. This is an action for damages greater than $15,000.00 but not exceeding $30,000.00.

2. Plaintiff, JOSHUA LIDE, is a resident of Palm Beach County Florida.

3. Plaintiff, RISE ABOVE WELLNESS LLC, is a Florida Limited Liability Company,

which conducts business in Palm Beach County, Florida.

4. Defendant, FITDESTINY LLC., a Florida Limited Liability company has offices and

conducts business in Palm Beach County, Florida.

5. Defendant, BRANDON SELLNOW, an Individual, is a resident of Palm Beach County

Florida.
 FACTS

6. On May 11th 2022 Defendants brought a business proposition to the Plaintiffs in the form

of an equal partnership to run and operate a gym. The Defendants then contacted a third

party to memorialize their understanding by reducing it to writing. The Plaintiffs then

brought the proposed agreement prepared by the third party to the undersigned, to review

and revise. After one-on-one negotiations between Plaintiffs and Defendants, the parties

came to an agreement on the final draft.

7. The parties met at Duffy’s restaurant, located at 11935 Southern Blvd, Royal Palm

Beach, FL 33411to finalize and execute the agreement. During this meeting both parties

signed the agreement, which was in PFS format, electronically. See “The Sublease and

Partnership Agreement” (hereinafter the “Agreement”), attached hereto and incorporated

herein as Exhibit “1.”

8. The Agreement states in Paragraph 1 titled “Rent and Utilities:

Both parties agree that rent will be split 50/50. Rise agrees
to send check or ACH payment to Fit by the 1st of each
month. Rent will be paid to the landlord by FitDestiny every
month by the 1st. Both parties agree to split CAM fees if
additional fees are billed at the end of the year. Both parties
agree to split the cost of all utilities 50/50. Fit will provide an
invoice for rent and all utilities that are split.”

9. The Plaintiffs fully performed by paying half of the rent, half of the FPL bill, and half of

the ADT security monthly charges. The Plaintiffs further performed by buying

significant amounts of gym equipment that include the following 1. Inverted table $125,

decline bench $40, weighted plates 190lbs $285, barbell $75, Technogym rowing

machine $1,498, curl bar cable attachment $25, V squat machine $375, elastic bands $40,

two commercial grade dumbbell racks $100, neutral grip cable attachment $30, free
 motion cable machine $1,200, 1500 SqFt flooring $3,400, 268 SqFt flooring $727, Small

dumbbell rack and dumbbells 8-50 lbs $350, fitgear bench $40, dip machine $350, Kid

area items $764, cubicles $150, divider $86, hightop table $119, planko storage trunk,

$34, Arnold poster $19, and mirror $75 totaling $9,907.

10. On or about December 15, 2022, the Defendants evicted the Plaintiffs from the gym, and

kept all of the equipment that was purchased by the Plaintiffs.

11. The Lease for the gym is held under the name of Defendant, FITDESTINY LLC, and

which has a clause in the Lease that subleases are not permitted. Defendants agreed to

the following clause in Paragraph 11, titled “Terms” of the Agreement which states:

1. Fitdestiny agrees to grant Rise Above Wellness all

rights and authority it enjoys under the subject lease which is
attached as exhibit A to this agreement. Fit agrees that as of the
signing of this agreement Rise shall be an equal partner with
regards to the subject lease and Fit cannot evict Rise Above
Wellness for any reason except nonpayment. Both of the agreed
to per month share of the lease payments. Rise shall have all
rights to renew lease at the expiration jointly with Fitdestiny.
Fitdestiny agrees that in event of renewal of the lease or
addendum to lease that Rise will be a 50/50% named participant
in the new lease.”

12. On December 15, 2022, the Defendants contact Plaintiffs to evict Plaintiffs from the

location, and to further accuse the Plaintiffs of forging Defendant, BRANDON

SELLNOW’S, signature on the Agreement. The Defendants then tell all of Defendants’

customers that Plaintiffs are not partners and that Plaintiffs are committing fraud upon the

Defendants in a somewhat unsophisticated scheme to tortiously interfere with Defendants’

customers and with the intent to defame Plaintiffs and steal the goodwill Plaintiffs worked

tirelessly to build up over the course of the partnership. The Defendants continues to defame

Plaintiffs through slanderous and libelous statements.

13. On December 18th 2022, Plaintiffs attempt to enter gym, and are informed by the Palm

Beach Police Department that Defendants have given them orders to arrest Plaintiffs for

trespassing if Plaintiffs try to enter the building.

COUNT I - BREACH OF CONTRACT

14. Plaintiffs re-allege paragraphs 1-13 of their complaint.

15. On or about May 26th, 2022, the parties entered into an Agreement, attached hereto and

incorporated herein as Exhibit A) stating that at Para.11 titled “Terms”:

Fitdestiny agrees to grant Rise Above Wellness all rights and

authority it enjoys under the subject lease which is attached as
exhibit A to this agreement. Fit agrees that as of the signing of
this agreement Rise shall be an equal partner with regards to the
subject lease and Fit cannot evict Rise Above Wellness for any
reason except nonpayment. Both of the agreed to per month
share of the lease payments. Rise shall have all rights to renew
lease at the expiration jointly with Fitdestiny. Fitdestiny agrees
that in event of renewal of the lease or addendum to lease that
Rise will be a 50/50% named participant in the new lease.”
16. Plaintiffs performed all conditions precedent to be performed by plaintiffs or the

conditions have occurred.

17. Defendants evicted Plaintiffs in violation of the above quoted agreed upon clause in the

Agreement.

18. Defendants have converted and or stolen the equipment and other investment made by

Plaintiffs to the partnership.

19. Defendants has defamed Plaintiffs and is stealing or attempting to steal all of Plaintiffs

customers.
 WHEREFORE, Plaintiffs, JOSHUA LIDE and RISE ABOVE WELLNESS LLC, a

Florida Limited Liability Company, respectfully demand judgment for damages against

Defendants, FITDESTINY LLC a Florida Limited Liability company, and BRANDON

SELLNOW, an individual, for damages and attorney’s fees and cost and any other remedies that

the deems just and proper against Defendants.

COUNT II – CIVIL THEFT

20. Plaintiffs re-allege paragraphs 1-13 of their complaint

21. On or about May 26th, 2022, the parties entered into an agreement (see Exhibit A) where

the parties agreed “Gym Improvements”:

any future paint scheme, design, machine placement,

purchases, etc. to be both equally agreed upon. Any purchases
made for the gym will be split 50/50. The partner purchasing
the equipment will provide the other partner a copy of the
receipt. Both parties must agree to new items proposed to be
purchased.
22. Defendants are illegally holding or converted Plaintiffs’ investment on equipment with

the felonious intent to, either temporarily or permanently, deprive Plaintiffs of the right to

the money and to appropriate the money to the Defendants’ own use in violation of §

812.014 (1) Florida Statutes.

23. As a result, Plaintiffs have been injured because of the violation of § 812.014 (1) Florida

Statutes, and has lost $ 9,907.00 plus interest from the date the eviction, December 15,

2022.

24. Before the filing this action, Plaintiffs made written demand on December 29, 2022, for

three times the amount Defendants are illegally holding or converted. Defendants have not

replied to demand letter attached hereto and incorporated herein as Exhibit B.

 25. Defendant is obligated to pay Plaintiffs’ attorney a reasonable fee for the attorney’s

services.

WHEREFORE, Plaintiffs, Plaintiffs, JOSHUA LIDE and RISE ABOVE WELLNESS

LLC, a Florida Limited Liability Company, demands judgment for treble damages in the amount

of $29,721.00 and for attorneys’ fees against Defendants, FITDESTINY LLC a Florida Limited

Liability company, and BRANDON SELLNOW, an individual.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to Fit

Destiny LLC., and Brandon Sellnow at 3133 Fortune Way unit 4 Wellington, Florida 33414

Brandon@fitdestiny.com on this 29th day of December 2022.

Respectfully submitted,

Jorge Diaz-Cueto, Esq.

(Attorney for Plaintiff)
223 East Flagler Street, Suite 502
Miami, FL 33131
Tel: 305-417-3530
jorgediazcueto@bellsouth.net
L.scaparone@yahoo.com

By: /s/ Jorge Diaz-Cueto

Jorge Diaz-Cueto
Florida Bar No. 0143367