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LEGAL PROCEEDINGS
12 Months Ended
Dec. 31, 2019
Legal Proceedings  
LEGAL PROCEEDINGS

NOTE 13 LEGAL PROCEEDINGS

Advanzeon is a party to litigation in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, Case No. 12-CA-2570, arising from an alleged breach of a Term Sheet. On March 8, 2017 the Court determined that Advanzeon breached the Term Sheet and entered a Final Judgment in the amount of $866,052 bearing interest at the statutory rate. In February 2018, a final judgment awarding attorney’s in the amount of $167,959.72 was entered in favor of the Plaintiff, Katzman. In June 2018, as part of the execution of judgment process, in a motion for proceedings supplementary, pursuant to agreement of the parties the court entered an order appointing  a special master to review the financial condition of Advanzeon to determine if the foregoing judgment could be paid and if so from what assets. Advanzeon has objected to paying the Final Judgment amount and the Parties have been ordered to Mediation to take place in 2020.  

 

The Company has filed a claim for money it maintains is owed by Universal Health Care Insurance Company. In re: The Receivership of Universal Health Care Insurance Company. Case number 2013-CA-00358 and Case number 2013-CA-00375 in the Second Judicial Circuit Court, Leon County, FL. The objection to the claim by the receivership was heard April 4, 2018 and on May 15, 2018 the court entered an Order awarding Company $139,344.04 and $130,406.06, representing a portion of monies claimed by the Company owed it by Universal. The Company agrees it is owed the $269,750.10 and filed for a rehearing as to that portion of the Order specific to the additional monies owed to it. The rehearing was denied. On July 20, 2018 Company filed an appeal with the First District Court of Appeals with respect the denial by the court.  The Company filed the appeal from the court denial of the additional monies owed to the Company by Universal Health Care Insurance Company. The additional monies the Company believes are owed to it are in excess of $900,000, but less than $1,000,000.

 

In Michael Ross et. al v. Advanzeon Solutions, Inc., Plaintiff is suing the Company for money it claims is owed pursuant to a promissory note. Plaintiff has not proceeded with any action and may be subject to a motion to dismiss for failure to prosecute. If any further action is taken by the Plaintiff the Company will file a motion for summary judgment. Case Number 16-CA-005737, Thirteenth Judicial Circuit Court Hillsborough County, FL. Filed April 7, 2015. This is the third attempt by the Plaintiff on the same note. The prior two actions were dismissed. The Company will continue to vigorously defend its position.

 

In Advanzeon Solutions, Inc. v. Mayer Hoffman et. al., Case Number 16-CA-005737 Filed June 17, 2016 Thirteenth Judicial Circuit Court Hillsborough County, FL., the Company sued Defendants for damages for breach of audit services contract. The Judge ruled in favor of Defendants motion for summary judgment, but no judgment was entered. The Company will file for a rehearing of the summary judgment and or an appeal in the event the Court enters a judgment in favor of Defendants.

 

In a matter entitled Pharmacy Value Management Solutions, Inc. vs. Young & Son Tax and Accounting, LLC, Charles Young Sr., Charles Young Jr. and Jay Jacques, the Company sued for breach of accounting service contract, mandatory injunction, return of documents and conversion of accounting funds held in the accountants’ trust account. The case is in the initial discovery stage. Case Number 18-CA-000960 Thirteenth Judicial Circuit, Hillsborough County, FL. Filed March 31, 2018. The Company will aggressively pursue recovery of monies owed to it.

 

In a matter entitled Advanzeon Solutions, Inc. v. Cook Children’s Health Plan and Intervenors Cook Children’s Medical Center and Cook Children Physician Network, file 4/20/18; the Company filed an action contesting the validity of a final foreign judgment (Texas) which judgment was filed in the records of Hillsborough County. The Company has objected to collection activities in Hillsborough County on the judgment based upon the Texas action filed by the Company contesting the judgment.

 

In a matter entitled Pharmacy Value Management Solutions, Inc., d/b/a SleepMaster Solutions™ vs. Kristi Staite filed 5/7/2018 Thirteenth Judicial Circuit, PVMS brought suit against Staite for damages based upon fraud in the non performance of services Ms. Staite owed to the Company in reference to obtaining insurance qualification. The case is in the beginning stages of response and discovery. The Company will aggressively pursue recovery of the monies paid to Ms. Staite for services not rendered.

 

In a matter entitled Rotech Healthcare, Inc. vs. Pharmacy Value Management Solutions, Inc. case no. 18-CA – 4218 Thirteenth Judicial Circuit Court – Tampa, the Plaintiff is suing the Company for breach of contract and open account for money owed in the amount of $160,355 for services and supplies. The Company disputes the charges were not permitted under the contract and disputes the claimed amounts. Previously, the Company incorrectly reported that the matter had been settled. In fact, the Company did not execute the draft settlement agreement and the matter remains in litigation. The Company is aggressively defending against the claims asserted by Plaintiff.

 

In the matter Oceans Healthcare, LLC, et al, v. Comprehensive Behavior Care, Inc., et al, 19th JDC No. 59633, Div. D, the Company is aware of a claim Oceans Healthcare seeks to assert against the Company arising from services rendered by a former subsidiary. Plaintiff is attempting to serve the Company and the Company disputes the service. The amount at issue is unknown at this time. In the event the Company is served at a later date, it will aggressively defend against this claim.