CLEARWATER — A business manager is suing a co-business manager/partner and a Pinellas County landscaping business, alleging breach of duty, fraud, unjust enrichment and vicarious liability.
Tania R. Tersigni, individually and derivatively on behalf of nominal defendant, Palm Harbor Palms Landscaping LLC ,filed a complaint June 15 in Pinellas County Circuit Court against Nicholas A. Tersegni and Palm Harbor Palms Landscaping LLC alleging breach of fiduciary duties, reckless self-dealing, gross mismanagement, waste of corporate assets and abuse of control over the business.
According to the complaint, between 2014 and 2017, the Tersignis were co-managing the business together as well as being married when the relationship deteriorated. The suit says Nicholas Teersegni became abusive and had numerous violations with the law.
At the same time, the suit alleges, Nicholas unlawfully ejected Tania from the business premises and effectively shut her out of the company by reinstating PH Palms, naming only himself as manager and unilaterally removed her from the list of authorized persons, managers and/or members.
The lawsuit alleges there were also numerous revenue warrants filed against PH Palms for alleged delinquent payments of collected sales and use taxes. As a result, Tania says, she suffered substantial damages.
The plaintiff alleges the defendants negligently violated state laws, including breaches of fiduciary duties, reckless self-dealing, gross mismanagement, waste of corporate assets, abuse of control, unjust enrichment, fraud and conversion over the business/company.
Tania Tersigni seeks trial by jury, judicial dissolution of PH Palms, appoint a receiver or custodian to wind down business affairs and liquidate corporate assets, damages in excess of $15,000, plus interest, court costs, attorney fees and all just and appropriate relief. She is represented by attorney Kathryn J. Sole of Sole Law, PLLC in St. Petersburg.
Pinellas County Circuit Court case number 18C4034 6/15