please rewrite to include instructor corrections

IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA

ALYSON PIETRO, )

)

Plaintiff, )

)

v. ) CASE NO.:

)

DAVID & WILMA DRISCOLL, )

)

) JURY TRIAL DEMANDED

Defendants. )

)

)

COMPLAINT

Plaintiff, ALYSON PIETRO, brings this civil action for damages, civil penalties, injunctive, and other statutory relief against Defendants David and Wilma Driscoll for the following legal claims: Intentional Infliction of Emotional Distress, Violation of Florida Statutes chapter 49, 21 (2017), and Private Nuisance.

The Section for Parties should precede Jurisdiction and Venue.

JURISDICTION AND VENUE

1. This Court has jurisdiction pursuant to the provisions of -(add space -fixt through ought) 26.012, Fla. Stat. and 501.207, Fla. Stat. (2007). Include a short statement of facts supporting the court's jurisdiction (e.g. amount in controversy exceeds $50,000). See "Commencing a Lawsuit Drafting the Complaint" in Module 8 required resources.

2. Plaintiff, Alyson Pietro, (avoid legalese "Ms. Pietro") is an individual and is now, and at all times mentioned in this complaint was a resident of Collier County, Florida. You need to connect and explain that this is why the Court has personal jurisdiction over her.

3. Defendants, David and Wilma Driscoll, ("the Driscolls") own a home adjacent to Ms. Pietro's residence, and are thus residents of Collier County, Florida. You need to connect and explain that this is why the Court has personal jurisdiction over them.

4. The statutory violations what about the violations that are not statutory? Like nuisance and IIED? alleged herein occurred in Collier County, Florida and Ms. Pietro is seeking injunctive relief thus establishing subject matter jurisdiction.

What about venue?

PARTIES

5. Plaintiff, Ms. Pietro, (use your tag) is an individual and is now, and at all times mentioned in this complaint, a seventy-six-year-old widow who owns and resides at 378 Ocean View Lane, Naples, Florida. (She has resided there for the greater part of her life and having had no children; her favorite past time has become gardening. Ms. Pietro's roses and hydrangeas have won gardening awards in the community. ) This belongs in the facts. Please seeCommencing a Lawsuit: Drafting the Complaint Checklist (FL)Parties The Parties Wection should contain a numbered paragraph for each party that identifies: the party's name; the party's state of residence; the type of entity defendant, its state of incorporation, and the entity's principal place of business if the defendant is an entity or organizational party; andthe party's role in the action.

6. Defendants, David and Wilma Driscoll, (use your tag) are now and at all times mentioned in this complaint individuals who are married and are both forty-eight years old and reside in Collier County, Florida. (After recently selling a profitable construction business, the Driscolls bought beach front property that is adjacent to plaintiff Ms. Pietro. ) This belongs in the facts.

FACTS

7. Shortly after the Driscolls moved in, Moved in where? You need to incorporate some of the facts you previously stated here. they came to Ms. Pietro's door for some unknown reason. However, since Ms. Pietro was recovering from the flu, she asked her housekeeper not to answer the door. The next time that Ms. Pietro was out gardening in her yard she overheard the Driscolls refer to her several times as a "rich seacoast snob." Revise to separate into individual paragraphs. You only want to have one sentence per paragraph if possible. Remember the defendant will have to answer the allegations contained in the complaint.

8. The Driscolls then built a tennis court and played tennis often. The tennis balls hit Ms. Pietro a few times and hit her prized flowers, damaging them as well. ( Her landscaper and garden consultant, Ken W. Morita, affirms that Ms. Pietro built the garden six years ago at a cost of $26,000. Ms. Pietro would regularly consult with him regarding her roses and hydrangeas which have won gardening awards in the community and have been featured in the local paper.) You should divide into separate paragraphs. Each paragraph should preferably contain only one sentence. Remember the defendant will need to respond to each paragraph.

9. Just a few days later, a few days after what? You have not yet stated what Pietro told the Driscolls and w what they responded to her. the Driscolls had a construction crew build a 12-write out numbers from zero to ninety-nine per the Bluebook. foot-tall wall along their adjoined property line which caused Ms. Pietro's flowers to die and be damaged as the wall blocks the sunlight and they are not blooming like they should. ( Ms. Pietro not having any children, consider her flowers and her jam (made from rose hips) to be like "children" to her. Ever since her husband Edward passed away, she has found her biggest joy in caring for her flowers and making her jam.) Separate into its own paragraph and reorganize. You should include this information at the beginning of the facts section, rather than here.

10. Ms. Pietro, (realizing the tension getting worse between her and her next-door neighbors) this is not a fact. Omit. sent the Driscolls a note explaining what has happened to her flowers and she inquired whether there was another way to keep the tennis balls out of her yard. However, the Driscolls, never responded.

11. One day as Ms. Pietro was in the front yard, Driscoll yelled to her, "You're the one who wanted the fence, so you'll just have to live with it, snob." It was at this point that she developed a tic in her eye which lasted for days.

12. Shortly after the twelve-foot fence wall went up, the Driscolls installed mercury vapor security lights which lit up the entire house and the entire beach area which is again adjacent to Ms. Pietro. The Driscolls played tennislate into the night . The lights shine into Ms. Pietro's bedroom, making it feel as if it is 1:00 PM in the afternoon and she is not able to sleep at night because they are so bright. Did Pietro try to do anything to keep the lights from shining into her home? What was the result?

13. One night, Ms. Pietro decided to take a swim in her beach front area nude as she normally would it do. She wasn't (avoid using contractions) in the water very long before she noticed a group of approximately 8 to 10 write out numbers from zero to ninety-nine.people approaching the cove. Suddenly, the Driscolls turned on the vapor lights and Ms. Pietro found herself stuck in the water. She yelled out to the Driscolls that she was not decent and asked if they could please turn the lights off so that she can get out of the water. David Driscoll then hollered back, "I'll turn them off when you're through using our beach and not before and you are definitely not decent, you are a snob!" The group of people and Wilma Driscoll were commenting, laughing and pointing at her.Ms. Pietro saw David Driscoll raise a wine glass to her as if in a toast and yelled, "To that rich seacoast snob." Revise so that you only include one or two sentences in the paragraph.

14. Ms. Pietro tried to wait in the water for a while before coming out as she knew she was nude, but she could not bear the cold much longer. She came out and heard David Driscoll call her, a "naked wrinkled old prune," and made other snide and derogatory comments. However, she was in such shock that she had to cover herself up and did not remember what else was said.

15. Due to this humiliating and embarrassing event, Ms. Pietro has been seeing a therapist every week thereafter.

16. As a result of the events that have occurred since the Driscolls moved in, Ms. Pietro has suffered an eye tic, shingles, depression, sleep deprivation, nervousness and anxiety. She has also lost weight- Right?

COUNT I-INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

17. Plaintiff adopts, incorporates herein and realleges paragraphs 1 through 16.

18. Under Florida law, intentional infliction of emotional distress occurs when a person's conduct was intentional or reckless, outrageous, and caused severe emotional distress.

19. The Driscolls (knew or should have known that their conduct was intentional and reckless at the beach ) Revise. This is not clear. When someone acts intentionally, it means they knew or should have know the consequences of their conduct. on the night that they turned on their vapor bright lights and kept them on even after hearing and seeing Ms. Pietro in the water.

20. Ms. Pietro, asked the Driscolls several times to please turn off the lights as she was "not decent." The Driscolls were entertaining a group of 8 to 10 people who were witness to Ms. Pietro coming out of the beach naked. These two sentences are just a repetition of the facts. Rephrase so that you say, "The Driscolls' conduct when they did not turn off the lights when Ms. Pietro asked them to was outrageous.... (This outrageous conduct would go beyond what a civilized society would deem as decent neighborly behavior.) This is just the rule for "outrageous" and is not an allegation.

21. As a result of the Driscolls' intentional and outrageous behavior at the beach that night, Ms. Pietro suffered and continues to suffer with severe emotional distress.She had to begin seeing a therapist, Jeanne Helen Patrenos, and has been diagnosed with depression, nervousness, anxiety, the shingles, an eye tic and sleep deprivation.

Your request for relief as to the count of IIED should be included here. Commencing a Lawsuit: Drafting the Complaint Checklist (FL)

COUNT II-VIOLATION OF FLORIDA'S SPITE FENCE STATUTE

22. Plaintiff adopts, incorporates herein and realleges paragraphs 1 through 16. (just incorporate your factual allogations

23. The Driscolls erected a fence that was unnecessarily over six feet in height, and it was done with the purpose of annoying Ms. Pietro. (Ms. Pietro sent a note explaining what was happening to her flowers and informing the Driscolls that their tennis balls were hitting her and destroying her flower bed. The Driscolls never responded to Ms. Pietro's letter and yet instead erected a twelve-foot fence. (Paragraphs 8-12) ) Here you are just restating facts. You need to connect the facts to a specific element of Spite Fence to show how the fact(s) satisfy the element.

24. The Driscolls could have incorporated a net to keep the tennis balls from entering on to Ms. Pietro's property and hitting her, or even a fence that was six feet tall but built one that was unnecessarily over six feet in height. How is this an allegation of Spite Fence?

Request for Relief?

COUNT III-PRIVATE NUISANCE CLAIM

25. Plaintiff adopts, incorporates herein and realleges paragraphs 1 through 16.

26. The excess height of the fence going beyond six feet was maliciously built by the Driscolls for the purpose of annoying Ms. Pietro, their adjacent neighbor. The excessive height was done with the purpose to annoy Ms. Pietro.

27. Ms. Pietro's right to enjoyment of her property and land has been greatly diminished by the outrageous and egregious actions of the Driscolls. She considers her flowers to be like children to her and she is forced to deal with a dead and decaying garden.

28. Tthe excessive bright orange like vapor lights being on late at night, unreasonably interfere with her use and enjoyment of her property as she cannot go to sleep at a reasonable time. You want to track the elements of the statute and show how it is Nor can she swim at night, nude, like she was accustomed to doing.

RELIEF FOR ALL COUNTS

WHEREFORE, plaintiff demands judgment against defendants, and each of them, for the following:

1. General damages according to proof;

2. Monetary damages for therapeutic and medical expenses according to proof.

3. Damages for the loss of Ms. Pietro's award-winning roses and hydrangeas of at minimum $26,000.

4. An injunction order that will lower the height of the fence wall to six feet or lower and order prohibiting the vapor lights to be off by 10pm each night.

5. Interest according to law;

6. Costs of this action; and

7. Any other and further relief that the court considers proper.

JURY TRIAL DEMANDED

Plaintiff, Alyson Pietro, demands a jury trial for all issues that can be tried to a jury. Fla. R. Civ. P. 1.430(c).

Dated: November 23^rd, 2024 Respectfully submitted,

Hampton & Associates, LLP

1133 Westwood Blvd.

Naples, Florida 34109-7874

State Bar No: 111222

Telephone: (234) 877-7777

Facsimile: (234) 877-7774

By: /s/Monique F. Johnson

Monique F. Johnson

Florida State Bar No. 777444

Attorney for Plaintiff

VERIFICATION

I, ____ Alyson Pietro _____, am a plaintiff the above-entitled action. I have read the foregoing _Complaintand know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

DATED: 11/23/2024

NAME: Ayson Pietro

Monique- Nice effort overall. Please just read over my inline comments. If you have any questions about the feedback, feel free to ask.