Attorneys for former Walden Lake Golf and Country Club managers Professional Golf Global Group had a busy week in court recently with three different outcomes in three different lawsuits involving PGGG and president Lynn Archibald.
Three hearings were scheduled in three consecutive days for PGGG, all combating default judgments entered by the court against PGGG. In each case, defaults were entered because PGGG didn’t respond when served with court documents.
Archibald is still battling for a stake in the course, despite the court appointing Andrew Bolnick as the property’s receiver due to foreclosure proceedings between Today’s Bank, the mortgagor, and Visions Golf, which may or may not own the course.
Contended ownership was the subject of the first hearing. Visions Golf, the Walden Lake golf course’s former operator, filed a lawsuit saying PGGG falsely claimed ownership over the course, removing a deed from escrow without satisfying all conditions. That hearing was cancelled, however, when Alice Huneycutt, attorney for Visions, filed a voluntary dismissal.
Both parties claim ownership of the course, alleging that the other did not satisfy purchase agreements set when Archibald took control of the course in 2015. The court initially filed a default judgment against PGGG, but Jessie Ray and Elizabeth Fernandez, PGGG’s lawyers, filed a motion to set the judgment aside. Huneycutt declined to comment on why Visions voluntarily dismissed the case. Ownership of the course, though, remains contended.
“That’s still an issue,” Huneycutt said.
Regardless of the deed’s status, Archibald still has no control over the course because his challenged deed was filed after foreclosure proceedings between Today’s Bank and Visions had begun.
A tale of two Lynns
The day after the cancelled deed hearing, Oct. 10, Ray and Fernandez were in court, asking again for the setting aside of a default judgment against Archibald. Ann Hyunh, represented by New Port Richey’s Brendan Riley, sued Archibald over a loan of $70,000 she said he didn’t pay back on time. Court documents show she lent him the money to pay for golf carts, stocking the bar and payroll, among other maintenance items.
Archibald and PGGG are also involved in a lawsuit with Yamaha for failure to make payments on the lease of 60 golf carts.
Attorneys for each side attempted to paint opposite pictures of Archibald.
“They make a point that he was a sophisticated businessman,” Ray said. “That’s disputable based on him just being an officer and him managing a golf course, but he’s definitely not an experienced litigant.”
Ray went on to say there was no evidence Archibald is “as sophisticated as they say he is.” Dealing with multiple suits, all filed around the same time, is overwhelming to someone with limited legal experience, Ray stated. He argued Archibald acted in good faith to obtain proper representation, even speaking to another lawyer who turned the cases down before finding representation in Ray’s firm.
Among other issues Ray took with the loan contract and how quickly the judgment came, he said Archibald’s lack of legal experience established “excusable neglect” and the case should be allowed to be heard without the court’s default judgment.
Riley, however, said otherwise.
“It’s evident that the defendant is a sophisticated businessman, that he has some experience with litigation and that it’s undisputed he was certainly aware of the pendency of this lawsuit,” Riley said.
According to Riley, Archibald established at least some legal knowledge in the letter he filed asking to intervene in the foreclosure case. In the July letter, which was filed in Hillsborough County Court, Archibald asked for a 20-day extension to get a lawyer before the court appointed the receiver. He said that time would also allow him to gather funding for his promised repairs to the course.
In his letter responding to the Hyunh suit, Archibald was much less specific, only stating that he needed time to find a lawyer. Riley argued the divergence of the letters, filed within a week of each other, coupled with Archibald’s previous discussions with a lawyer, displayed a willful, not excusable neglect.
“That’s not neglect,” Riley said. “That’s a strategy that went awry.”
Judge Greg Holder found that Archibald did not establish enough ground to support setting aside the judgment, but complimented Ray’s team on its efforts.
“I place the blame squarely on Mr. Archibald, both on his individual behalf and on behalf of Professional Golf Global Group, LLC and not on, Mr. Ray, your firm,” Holder said. “Indeed, it was Mr. Archibald acting individually that failed and refused to uphold his individual reposnibilities.”
Archibald has 30 days to appeal the court’s decision.
In yet another hearing, Ray was back the next day to set aside a judgment for $50,000 and damages in a breach of contract case between Today’s Bank and PGGG.
In order to implement his multi-phase plan for the Golf Course and take control of the foreclosure proceedings, Archibald planned to purchase the $2 million mortgage from Today’s Bank. Today’s Bank is suing Archibald because he missed the scheduled down payment of $50,000 on the mortgage.
Ray made many of the same arguments, based on an affidavit filed by Archibald, stating there was excusable neglect while Archibald was overwhelmed with litigation and suggesting the suit be merged with the foreclosure case.
Today’s Bank’s attorney, Meghan Serrano, said it was “black-letter law,” that not having a lawyer doesn’t count as excusable neglect, but the request to set aside the judgment was granted, allowing the case to proceed.
Judge Richard Nielsen added that he didn’t wish to further ensnare the foreclosure case.
“We’re not going to be holding up this case, Mr. Ray, for the foreclosure,” Nielsen said. “Your client is already late to the party, so we’re not going to delay this unnecessarily.”
Representatives for Archibald did not respond to a request for comment.