Tom Padgett's Cases Tom's Mother Sues Laura in 1992

Despite Tom Padgett's contention that litigation against him was harrasive, evidence shows that he was actually the far more active and disputatious litigator.

A particularly glaring example of this is the lawsuit that his mother, Shirley T. Padgett, filed against Laura in Florida in December 1992, five months after Laura filed for divorce.

Though Padgett claimed he was not responsible for his mother filing the suit, in deposition he admitted that he had paid the initial lawyers' fees for Shirley to file this suit. One of the document experts that Shirley Padgett produced to affirm the signature was from Michigan, where Tom was living at the time the suit was filed..

While Laura admitted that the signature was hers, she disputed having signed the note that Shirley was suing over. Also, she was not in Boca Raton, Florida (the address on the note) when the note was allegedly signed -- and neither were Tom Padgett nor his mother Shirley.

This suit continued for about 6-1/2 years until dismissal in April 1998, months after the death of Shirley T. Padgett.

     
			
                                       IN THE CIRCUIT COURT IN THE
                                       15TH JUDICIAL CIRCUIT IN AND
                                       FOR PALM BEACH COUNTY, FLORIDA
                                       CASE NO:  CL 12556 AB
                                       CIVIL DIVISION
									   
              


			
			
SHIRLEY PADGETT, 
     Plaintiff, 


      V.


LAURA VANNOY PADGETT
     Defendant.





                
COMPLAINT


              
1.	This is an action to enforce a promissory note and exceeds the 
jurisdictional minimum of this Court.
2.	Plaintiff, SHIRLEY PADGETT, is a resident of Palm Beach 
County, Florida and is otherwise sui juris.
3.	Defendant, LAURA VANNOY PADGETT, is a resident of Hopkins 
County, Kentucky and is otherwise sui juris.
4. Jurisdiction over the parties is based on F.S. 48.193(1)(g), 
for repayment of a promissory note, which is due and payable in 
Palm Beach County, Florida.
5.	The Plaintiff is entitled to relief against the Defendant, 
upon the following facts:
a. The Defendant, LAURA VANNOY PADGETT, being indebted to 
the Plaintiff in the sum of twenty-four thousand ($24,000.00) 
dollars, on September 11, 1980, made, executed and delivered to the 
Plaintiff herein, her promissory note in the amount of twenty-four 
thousand ($24,000.00) dollars, payable on demand, attached hereto 
and incorporated by reference as Exhibit "A."

1

[Page -2-]

b. Defendant, LAURA VANNOY PADGETT, is jointly and severally 
liable to Plaintiff, for full payment of twenty-four thousand 
($24,000.00) dollars.

c. In and by the note, the Defendant, waived notice of 
nonpayment and protest and agreed to pay all costs of collection, 
including a reasonable attorney's fee upon default.

d. Despite numerous demands for payment made by the 
Plaintiff, the Defendant has failed and refuses to make payment 
under the terms of said note.

e. There is due upon the note, the sum of twenty-three 
thousand, three-hundred and fifty ($23,350.00) dollars, as 
principal.

f. By reason of the default in the payment of the note, 
Plaintiff has been compelled to employed the undersigned attorney 
to bring this suit and has obligated himself to pay such fees to 
these attorneys as the court may adjudicate to be reasonable and 
plaintiff claims such amount as attorney's fee in addition to the 
other sums herein alleged to be due.

WHEREFORE, it is prayed that this Court grant judgement 
against Defendant, in favor of the Plaintiff, plus attorney fees, 
court costs and whatever relief this court deems just and proper.

DATED this  16th day of December, 1992.

[signature]
RANDY ZELDIN, ESQUIRE
150 Corporate Drive, Suite 290 
Boynton Beach, FL 33435 
(407) 732-8004
Bar No: 400467

2

[Page -3-  Attached Exhibit]



                
DEMAND NOTE

          
              $ 24,000.00		                 Roca Raton, Florida 
           		                 September 11, 1980
												   
      On demand, the undersigned (jointly and severally if more than 
one) promise(s) to pay to the order of John W. Padgett and Shirley 
T. Padgett  $24,000.00	Dollars with no interest.
     Every maker, endorser, and guarantor hereof hereby waives 
presentment, demand, notice and protest and consents that this note 
may be extended from time to time and that no such extension or 
other indulgence, and no discharge or release of any other party 
primarily or secondarily liable hereon, shall discharge or other-
wise affect the liability of any such maker, endorser or guarantor. 
Each such party agrees to pay on demand all costs and. expenses 
(including reasonable attorneys' fees) incurred or paid by the
holder in enforcing this note on default.


                         [signature] 
                         Thomas C. Padgett


                         [signature] 
                         Laura V. Padgett


[End EXHIBIT "A"]