Orlando, FL: United States Federal District Judge Paul G. Byron last week dismissed the sham federal complaint against the developer of Bella Collina, the luxury country club community just west of Orlando. This complaint, now the second filed by beleaguered Orlando Attorney Tim McCullough on behalf of Plaintiffs James and Virginia Shelton was dismissed by the court as being a “shotgun complaint” and noted that it was loaded with wild conspiracy allegations against the developer.
The first complaint was dismissed for the very same reasons in early 2018. In the original complaint filed in early 2017, the court noted that the plaintiffs accused the developer of no less than 12 major federal crimes that had no basis in fact and therefore completely unsupported. Some of the crimes claimed that were committed were RICO, embezzlement, and conspiracy among others. Oddly, Attorney McCullough even threw in a wild accusation of man slaughter into the salacious complaint. The plaintiffs claimed that in a previous incident a couple years before the complaint was filed, one of the defendants somehow caused a resident to die of a heart attack after a POA meeting. Numerous sources close to the case who did not want to be named stated that the claims were “outrageous”, “a complete work of fiction” and went on to say that the lawsuit was designed to inflict maximum damage to the defendant’s personal reputations. They further went on to state that this was done because McCullough advised that they would receive a huge payout from the developer to make this lawsuit go away quickly, which quite simply is a “shakedown” lawsuit at the end of the day.
The original complaint when filed had 14 plaintiffs and almost immediately they started dropping out. Some plaintiffs who dropped out complained that they did not even know they were plaintiffs and accused Attorney McCullough of inserting their names as plaintiffs without their permission. Others claimed that McCullough never briefed them on the risks should the case be lost just.
In a related state case with the same plaintiffs, former McCullough client Michael Choo who has since settled with the defendants, has publicly accused McCullough through a sworn affidavit that he forged his signature on an affidavit after refusing to sign it for McCullough. A hearing now has been set up in that case to see if McCullough will be held in Criminal Contempt of Court for his actions which could lead to felony charges and disbarment from practicing law.
The main defendants named in the complaint were DCS Real Estate Investments, Dwight C. Schar, Paul E. Simonson, Randall F. Greene, Rick Arrighi, and others associated with them. The former defendants refused comment for this article except one only anonymously stating that the “judge’s order speaks for itself”.