Friday, March 10, 2006

Florida court dismisses Web defamation suit

A Florida trial court has dismissed for lack of jurisdiction a builder's defamation lawsuit against the owner of a Web site critical of its work. The owner, Peter Siskind, created the site, bad-lexingtonhomesinc.net, after his relationship deteriorated with the builder he had hired to construct a Florida home. The site -- which the court labels a "gripe site" -- describes itself as dedicated to "all the consumers who have had bad experiences using Lexington Builders (west coast of Florida)." Siskind spells out his complaints with Lexington and invites others to add their stories.

The builder, Lexington Homes Inc., sued Siskind in Florida's Sixth Judicial Circuit. Siskind, not a Florida resident, asked the court to dismiss the case for lack of personal jurisdiction. The court granted the request, finding that the nature and quality of Siskind's activity in maintaining the site did not support the minimum contacts required for the exercise of personal jurisdiction. It said:
"Under these facts, this court cannot find that the defendant 'purposefully directed' its activities at residents of the forum state. Mere maintenance of a website accessible in Florida is not enough to create jurisdiction, and the contacts that tie the defendant to Florida must be particular and specific and not merely contacts that link the defendant with equal strength to all states. … Websites accessibIe in the state of Florida do not create jurisdiction absent some sort of active solicitation of activity in the State of Florida."
This is not an appellate case, but it is noteworthy. The court declined to find jurisdiction even though the Web site grew out of deal gone bad in Florida and targeted a Florida company's business practices. The court made the right call, in my opinion.

The decision, issued Nov. 2, 2005, is not available at the court's Web site, as far as I could determine, so I have posted the PDF version here.

Thanks for bringing this to my attention to Marc John Randazza of Weston, Garrou, DeWitt & Walters, Altamonte Springs, Fla.

48 comments:

Anonymous said...

What state did/does the defendant reside in?

Dealer Invoice said...

Good for the website... Maybe the builder will wake up and see that they need to take care of their clients. It takes a lot for a person to build a site and share their story with everyone so I am glad that this is out there.

Dealer Invoice said...

Sorry, here is my story!Before You Buy A Car

Anonymous said...

Lexington Homes sucks! They use the Media to mislead the public gloating, and ranting about how they build a great home. Truth is they have a horrible tack record, but use a Attorneys to intimidate anyone who disagrees with them. I guess its easier for Lexington to Sue its customers base rather than build a quality home. Want to throw away hundreds of thousands of $$$$$???? Hire Lexington Homes in New Port Ritcy Florida, and consider it done. Now that the housing boom is over, we may see Lexington Homes go belly UP! I hope this company dies a slow death!

Anonymous said...

OH MY.....

Im going to tell my friend asap to dump Lexington before they sign a contract for a constrution loan. She was considering Lexington, but this looks like a hugh mistake to use these guys. Im glad I found this WEB sight! Anyone who would try to silence a customer over free speech is crazy. If your going to build homes for people in the public eye, then you gotta be able to take the heat. Apparently Lexington has no shame, and uses attorney's to bid their dirty work??? NO THANK YOU!!!!!!!!!!

Rob Tampa Bay said...

Lexington is currently dragging out the completion of my new home. They have cost me in excess of $25,000 in loan fees, interest expense, etc. Lexington has also been asked to sell the model they build in the community due to the numerous complaints from their customers. They continue to lie to me and my attorney as to why they haven't finished the house 11 1/2 months since pouring the slab. Thats' right, it's been 355 days since the slab was poured and the house is not complete. I would NEVER buy a home from these integrity challenged people again. Make no mistake, they promise you your dreams but deliver nothing but nightmares.

Anonymous said...

Jesus Crist! I feel you pain! Those A-HOLES fucked a friend of mine too! Just so you know...this company is run by a bunch of inbreds....cousins, brothers, sisters, mother-in laws, and their over-officias jerks-ass attorneys from " shumakker-Loop in Tampa. This is why your getting hosed. The inbreds dont care about you, or anyone else.

Sounds like they might be in FINANCIAL TROUBLE since the Real Estate market slow down. The building market has come to scretching HAULT, so there is no reason for your project to to carry the timeline of 12 months???

I know they are carrying 30-40 inventory homes(they cant sell ) in serveral counties, and many land parcels that are undeveloped. I also heard they have hundereds of unresolved complaints( not to mention yours) levied against them which just SPELLS TROUBLE.

You might try the local Media ( St. Pete times) to air your grievences. As you already know, dont expect any service after you close when things break. Lexington has no plans to honor your warrenty.

All this and your heading into another hurricane season. Try to keep the faith, tell everyone, EVERYONE, the avoid the Feddie Krugger of all Builders, the nighmare on Elm Street, the Evil that is LEXINGTON HOMES.

Anonymous said...

my relative was going to buy an already built house in spring hill..the house is a 600k home...turns out the foundation is all cracked and they used 14 wiring instead of at leat12 or 10..be careful...be very careful w lexington homes..we were lucky the neighbor told us plus we could see the holes in the foundation..home will eventually collapse.

Anonymous said...

The home that one of the comments refers to in Spring Hill is the one I built with Lexington. I had 2 1/2 years of problems with them. I got an attorney and would not back down. They bought the house back from me, paid my attorney's fees, paid all my construction interest and paid all of my mortgage fees as I had to extend the interest rate on my construction loan 17 times. Each extention is equal to 30 days. That was after is was locked in for 12 months.

I had a top notch engineer come out, that I paid for, to prove that the foundation was poured wrong. I know which neighbor told the anonymous buyer not to buy. This was a 5400 square foor home with 5 bedrooms, 5 baths and an office. WOuld have been a real nice house on 3/4 of an acre.

The owner of Lexington did not want to do anything but argue with me all the way. I would not back down. I got almost all my money out that I put in. I only wish some of the other buyers that had (and have) issues were able to do the same thing.

Now the home sits vacant with a lexington "For Sale" sign on the property.

just my 2-cents.

Anonymous said...

Enjoyed the 2 cents worth. Signed a contract for a home in Pasco w/1000 down (Lex. wanted $30k ). From day one, these jerks botched the project,and all the Lex construction supervisors wanted to do was argue, hem & haw. When I brought this to the attention of the owners gallagher or fiebe, they told me to piss-off. Which is exactly what I did. Left them, that cracker box, and the $1000.00. I feel sorry for whom ever buys that money pit. The walls are out of Plum, the house is wired wrong, the a/c ductwork is a joke. Yep, that slab probably poured incorrectly as will. And yes, Lex homes currently has a for sale sign on that one too.

After dealing with Lexington, they make US HOME, and others look like saviours. Best decision I ever made was to walk away! Thank god!

Anonymous said...

LHI has been eliminated, banned from developer in both Twin Rivers and Mill Creek, Bradenton. The issues are mind blowing with this company. One house in Twin Rivers was built below grade [is that not published?] and must be tworn down.
I have a laundry list of owners who have been held up at the bank in 4 developments that LHI builds in. It is so far reaching that the only hope is that they just will go bankrupt. If this site were available to anyone who was in contract with LHI, you would be approaching hundreds of hits.
So much to say, but nowhere to go.

Anonymous said...

There must be 100's complaints! We have some warrenty claims on them, that they wont fix that include HVAC,Electrical,Plumbing, and Trim items.

Some loud mouth Lexington employee " cunt " named MEGAN BURGESS, is blocking all our request for assitance with these items. We are in process of hiring a attorney to help.

I just know Lexington is going to piss-off the wrong customer, and someone @ Lexington is going to get hurt. Fiebe??? Gallagher?? Burgess?? Baldwin?? These guys may be on someones hit list already. If it were to happen, I dont think it would surprise anyone. These thieves deserve punishment for ripping-off,stealing, and Robbing hard working honest Floridians!

Anonymous said...

My husband and i are in the middle of a legal battle with LHI. we are trying to get our deposit back on a house in springhill that they never started, faulty contract and very very bad c/s. Does anyone know of a kick ass attorney to put gallagher and friends in their place and to get our deposit back? we are now suppose to be going to arbitration as they will not cooperate. Heard through the grape vine LHI is going bankrupt and has started preliminary filings. 10-02-06

Anonymous said...

10/5/06

Hope Lexington is H-I-S-T-O-R-Y. They cant die fast enough. REALITY...if they have your money, its gone. You best move is arbitration. File the paperwork, and tell the arbitor exactly how they ripped you off, and if you win, you should get payment is 14 days ( if still solvent ). Good Luck, and keep the faith.

Anonymous said...

Noticed Lexington Homes has not run a Ad in the Tampa Tribune in 8 weeks. Guess they are going down the tubes.

10/17

Anonymous said...

http://forum.freeadvice.com/showthread.php?p=1488502

Another customer ripped by Lexington Homes. $18k down payment, Customer lost job, Lexington told her to piss-off. WHY DO PEOPLE GIVE LARGE DEPOSITS TO THESE ASSHOLES! NEVER GIVE ANYONE,ANY BUILDER LARGE DEPOSITS! JEZZZZZZ>

Anonymous said...

we put $20,000 down payment to build a home with park square homes
with lost our jobs and a denied letter from lender,sumitted all papers and until now never here from them,we believe they whant to
keep our deposit,we hire a lawyer
he send a letter and they piss on lawyers letter,now my main concern is how I'am going to get my money back

Anonymous said...

I think Lexington Homes is a racist company, and part of the Ku KLUX KLAN. We tried to buy one of their homes, but they refused to let us sign a contract because they says we needs $30k foe a Down pay. I guess we wasnt whhite enough foe dim. We are filing a complaint with the NAACP.

Anonymous said...

TO: Craig Gallagher, Craig fiebe & Megan Burgess

Happy Holidays you FUCKING THIEVES!

Anonymous said...

http://www.sptimes.com/2006/11/12/Pasco/Residential_slump_tri.shtml

LEXINGON HOMES meets its maker!!

Read it and laugh your ass off!!

They just laid almost 70% of their employee's just before Christmas 2006 because their product SUCKS!!!!!!!

Wonder if their Wreck Chasing Attorney's @ Shumuccer-PooP got their Pink-slips too???

Come-on LEXINGTON!! WHY did you wait til Christmas to dump 80 or 120 employee's??? Guess the OWners thought they could fool all of the people all of the time with their Shit for Brains homes they build. Goddamn crooks cant die fast enough!!

The State should envoke the Death Penalty to Lexington Owners Fiebe & Gallahger for Ripping-off honest Floridains.

Anonymous said...

Lexington homes just laid-off 70% of their employees. Read the article in St. Pete Times. Craig gallagher claims its the economy??? But we know better! Its the SHoddy homes he builds that no one will buy! Looks like this dog is having his day!

11/2006

Anonymous said...

xxx

Anonymous said...

Saw that hugh layoff by Lexington Homes. LOL. Guess the payroll for Gallagher's attorneys, and legal problems are eating all his profits. Next thing the owners Gallagher & Fiebe will do it haul ass out of town with the remaing loot they siffoned off from nieve buyers of their shoddy homes.

Anonymous said...

I just wish I would have seen all of this before we bought - we have been in our home now for a year and still have outstanding items to be fixed from our walk through!! I have filed complaints with the BBB with no luck and they still have a "SATISFACTORY" rating!! How is that? These people should be convicted for the hell that they have put people though. Hopefully, their end is near. Best of luck to everyone unfortunate enough to have purchased one of their homes...

Anonymous said...

CHECK OUT THIS STORY ON LEXINGTON HOMES!!!!!!! YOU WONT BELIEVE IT!

www.nahb.org/news_details.aspx

Anonymous said...

What a bunch of STUPID FUCKS!! They don not know their asses from a hole in the ground. They have extreme financial financial problems, have no respect for customer service and LIE!!! Have a couple of inventory homes in my neighborhood and I will see to it that they don't sell. I will cause them more problems than they have caused me!!!

Anonymous said...

Their homes are CRAP!!!! Most of their labor are illegal aliens from Mexico whom have no clue what a Hammer & Nail are. But they are cheap!! Want a piece of CRAP home, built with Mexican labor??? Buy a LExington home in Tampa florida, MANGE!

Anonymous said...

I own 2 Lexington Homes and am very happy. I have read through this website and all of the comments. I would like to start off by saying there is nothing wrong with a Mexican building a home. Just because someone is Mexican does not mean they are illegal and useless on the construction site. I also see a comment as far out as Lexington Homes is part of the KKK. Some of the best construction crews are Mexican and this comment is uncalled for. I also would like to say every builder has their issues or upset consumers. Nothing is perfect in life that is touched by human hands. In comparison to many of the new home construction companies Lexington Homes builds a quality home. I am sorry to see that some of you are so angry. I am sure many of you on this site have a problem with many things that you buy. Lexington Homes has bent over backwards to take care of me and I am shocked at some of these comments.

Anonymous said...

7/17/2007...to the 3:48 poster....you must be fucking kidding, RIGHT??? Walk into ANY subdivision, and ask ANY 10 people their experience with LEXINGTON HOMES, and most will explain their personal horror story. I haven't found 1 WEB SIGHT that mentions any positives about these predators that slither around on their bellies waiting for the next Moron to show-up to buy their next NIGHTMARE. IF YOU CLAIM LEXINGTON is doing such a great job, then WHY did they just get booted ( May-2007)from the "BETTER BUSINESS BUREAU" Suncoast chapter??????? GO and read public records, and count the number of Lawsuits they filed against their own customers who bought their lousy product that Lexington refused to fix. When customer complaints ensued especially on WARRANTY ISSUES, LEXINGTON called out their attorneys from SUMAKKER-LOOP in TAMPA to shut them up!!! Notwithstanding, just look at the contract they insist you sign!!! You waive all your rights away, including any and all monies you've paid in advance. THESE THIEVES have RIPPED-OFF 100's of HONEST FLORIDIANS from HERNANDO COUNTY to MANATEE COUNTY. The SCARS they have inflicted are lifetime, and no one ever dealt with them, will ever forget the shame,dishonesty, deceit,lies,the thievery, the faceless RIPOFF's!! How can anyone steal money from Senior Citizens, and then make them homeless??? These guys are the lowest of the demons. Craig Fiebe, and Craig Gallagher should be in JAIL for what they have done. They recently ran a AD in the TAMPA TRIBUNE ranting about numerous lie, after lie. They both live in PASCO COUNTY, FLORIDA. CRAIG FIEBE'S daughter LIVES in HILLSBOROUGH COUNTY FLORIDA in PALM BAY SUBDIVISION whom also works for the company. Their residences are easy to find, and I encourage anyone who has been duped by these demons to stop by their personal residences, and tell them direct the harm they have inflicted on their respective families. HEY 3:48....you should do your homework before you come here to spread your ignorance. Last time I checked, Its against the law for LEXINGTON to hire illegal Mexicans to build homes!! LEXINGTON is part of the immigration problem that hurts AMERICANS! CHEAP ILLEGAL LABOR, is part of the reason why LEXINGTON homes are falling apart! AVOID THIS COMPANY AT ALL COST!

Leigh Kendall said...

To the person from 7/17/07. If you are so proud of yourself and your comments, why not give us your name and home location so we can come to you with complaints. Be a man and quit hiding behind Anonymous.

Also, just so you know, I believe you are the moron because you seem to have no clue or facts as to what you are talking about! Such as builders do not hire Mexicans, they hire subcontractors. the subcontractors hire who they want. Maybe you should do some homework.

When you decide to quit hiding, please feel free to let me be the first to know, I will gladly face off with you anytime, or anywhere. It is becuase of people like you, that the world is such an angry place.

Proud Lexington Home Owner!!!! said...

To all the Cry Babies:

WAAAAAAAAAAHHHHH!!!!!!!!!!!!!
Cry a river

Grow up and shut up!!!!!

Get over it!!!!!

Just because you all are miserable doesn't mean you need to make everyone else that way. I feel bad that you chose Lexington and they had to put up with YOU!!!!!!!!!!!!

Anonymous said...

Builders all over the world have to deal with difficult customers like the ones above. They are never happy and want the whole world for free, which they would probably still find something to complain about. Your problems with Lexington have NOTHING to do with how "white" you are or how well you THINK you know Lexington's business and financial status. Lexington is very successful and has more than you can count happy clients who would build with them over and over again. Stop hiding behind this wall of blogs and complaints and have a back bone. Name calling and assumption making are unnecessary and in the end make YOU look like the idiot. I agree with the proud Lexington home owner all the way!

Anonymous said...

7/27/07...

Hey Numbnutts...

You obviously work for LEXINGTON HOMES. Another inbreed from Fiebe or Gallagher?? Fiebe married a spic, so this explains WHY he hires unskilled illegal Mexicans to build his crapola Dog Houses. Immigration officials have already been called to investigate this LEXINGTON using illegal slave labor.

Oh Yea.....

LExington ( Craig Fiebe- Craig Gallagher )just got another law-suit slapped on their fat asses for NOT PAYING THEIR EMPLOYEE'S!!!! Looks like this one will be a class action lawsuit filed 7/12/2007. These preditors have all kinds of problems.....

AVOID THIS BUILDER CONTRACTOR AT ALL COST!

Leigh Kendall said...

Again, GROW UP!!!! None of you have any clue what you are talking about. I own a beautiful home and am proud it was built by Lexington. Quit being a chicken shit and tells us who you are.

PS. I don't have nuts, I am sorry you have personal numbing problems with yours. You should probably see a doctor!

Anonymous said...

8/8/2007

So tell us Leigh, tell us, and all Floridians who got RIPPED-OFF by Lexington Home's what your position is @ LEXINGTON HOMES, and what your job entails?? You must be in charge of hiring the Illegals aliens from Mexico, who build the CRAPOLA HOMES???

Hey Sugar britches......Im sure your to stupid to figure this out, but your employer, CRAIG FIEBE & LEXINGTON HOMES, and the rest of the CRIMINALS, the dregs of society are GOING DOWN. FIEBE will fail miserable, because no one will forget horror this company has put innocent citizens through.

Comming to a post Office near you

" MOST WANTED--DEAD OR ALIVE
Craig Fiebe - Craig Gallagher
Lexington Homes "

Anonymous said...

I also am a Lexington Homes homeowner. Unfortunately like most of the rest of you I am very pleased with the quality of my new home. We had hired a private inspection firm for $2500.00 to inspect our home before we closed, an educated thing to do.They did find a few very minor items upon completion of their inspection and Lexington bent over backwards to address them quickly and correctly. As a matter of fact, my inspector stated that it was a very quality built home compared to some of the other homes that he had inspected from other builders. That set our minds at ease.
As all of you may know there are two sides to every story.I'm sure that Lexington is not the sole cause of your dilemas. Being in the real estate market, when the "building boom" came to a screaching hault there were many people buying new construction homes that were stuck trying to sell there old home and when it came time to close on the new home they could not afford two mortgages and wanted to back out of a signed legal contract. At first many builders were giving back deposits including Lexington. After more and more people were backing out the builders were taking a financial beating,so all builders in the Tampa Bay area stopped refunding deposits. You can not blame a builder or any other person for your financial miscalculations.
Needless to say I would buy another Lexington Home and have referred many people looking for a new home to Lexington.
As I re-read the comments on this page and see how many of you swear, call names, can't spell or type a simple paragraph correctly, I would venture to say that you are not the most educated people around. Do yourselves a favor and get an education before signing any legal documents and you would have less to gripe about.

Keep up the good work Lexington!!!

Anonymous said...

9/4/2007----

7:33 poster.....OH MY GOD....

Speaking of education, much less your stupidity, you claim you spent $2500.00 on a Home Inspector?????

Congratulations genius......you just got ripped-off by $2200.00 bucks. 2ndly....IF LEXINGTON is as you claim,honorable, then why did hire someone to check-up on the quality of their work??? 3rdly...your assertions of "refunds" due to 2nd homes is completely unfounded,and ridicules as it relates shoddy construction, and over officias harassment demonstrated by these housing CROOKS. And lastly.....maybe you should try,and get some remedial reading help on comprehension. You obviously have no clue what the general content is .

In summery......this Blogger is obviously a LEXINGTON EMPLOYEE. Funny how they mention the usual "LEGAL" contract bullshit regalia. What this DOPE failed to say, is LEXINGTONS CONTRACTS are LOADED. When you sign their contract, you waive all rights, including your deposits( NEVER< EVER GIVE A BUILDER A DEPOSIT ), or any Legal recourse. Their contract is nothing more than a License to STEAL YOUR MONEY!

But LEXINGTON is TRUE TO FORM! The crappy builders i.e. LEXINgTON, always have a Hired Gun ATTORNEY to bail them out of their SHODDY WORK.

MAKE YOUR LIFE SIMPLE!!!! AVOID LEXINGTON HOMES IN NEW PORT RICHEY FLORIDA AT ALL COST!

Anonymous said...

I just saw this article while surfing the WEB for a new builder in Hernando County. I also checked with the Better Business Bureau to validate these claims...........Im surprised this company still exist! This is crazy.

Anonymous said...

***** BREAKING NEWS*****

LEXINGTON HOMES UNDER INVESTIGATION FOR HIRING ILLEGAL MEXICANS TO BUILD THEIR HOMES>>>>

More as story develops....

9/6/2007

Anonymous said...

I worked for this fucked up company and let me tell you it's all true! These fat inbred losers will fuck you over for sure. Avoid Lexington homes at all cost-
All the Fiebe's are liars!!!!
If you currently have a house under construction you are in hell.
Run Forest Run....

Anonymous said...

The racial comments and foul language that all the unsatisfied customers use is a statement in itself. "You get more bees with honey than vinegar." What comes around goes around. In addition to the person who use to, key word use to work for LHI. What was your position with the company? Guess you were one of the ones FIRED for not doing your job! Maybe you are responsible for some of these unsatisfied customers. As for the satisfied customer, all I can say to you is thank you for being the only one with CLASS. Nothing is perfect in life, there are always ups and downs. I myself happen to have a beautiful Lex. Home, yes there were some problems, but I handled them professionally with kindness and had nothing but cooperation. To wish harm to any affiliate associated with the company is an absolute disgrace. You should all be ashamed of yourselves. There will come a day when we all have to answer to a higher power. I hope you all rethink how you handle yourselves. There is nothing wrong with sharing your concerns/complaints. You are very angry individuals and should be considered a danger to our society.

Anonymous said...

Lexington Home of Florida under the direction of Dave Williams is still commiting frauds against people he has sold home's to. As the president of operations for Lexington he has a history of SCAMING people. Why he has not been sued is beyond me. I personally think he should be in jail.

Anonymous said...

All that is negative is true about Lexington Homes. (Gallagher is no longer with them). I'm amazed that the IRS has not cought up to them yet. they are running a ponce scheme all directed by James Mitchel, Dave Williams, ans Fiebe.

Anonymous said...

ALL CROOKS! Wonder if that CUNT Megan Burgess is still working there?? Not only is she a Cunt, I think shes fucking the Attorney's over at Shumakker Loop in Tampa. SO thats how they get the PRO BONNO deals, huh??

Fiebe gets the Attorney's laid, and he gets free legal service so can sue anyone who complains about his Company LEXINGTON HOMES! WOW!

Anonymous said...

Understand Gallagher is gone. Why did he leave??

Anonymous said...

I do agree with some of these comments posted. Purchasing my condo from lex was ok until closing . Trying to get these people back for warranty is nearly impossible. They lie , dont respond , and send the wrong contractor . People like dave baldwin, matt mcgowan i dealt with are fucking lying pieces of shit. If you do not want a headache do not buy shit from these cocksuckers. Also any positive comments must be coming from the lex office .

Anonymous said...

I built a Lexington Home in Pinellas 10 years ago. They are a bunch of lying, cheating, cheap rip-off's. My house is falling apart. It took over two years to build. I have pictures of the entire process. Tthey used teenagers with cement blocks to compound the fill. They put my house in the wrong place and then the septic system did not fit as engineered. And that's just the beginning of the problems. My front doors had to be replaced in two months because they kept blowing open with a slight breeze. Two air conditioning units were replaced within a few years. They Lie, they cheat. They should not be building houses. They are not fit. They called us names and threatened to sue us if we talked badly about them. The Craigs will get what's coming to them.

Anonymous said...

7/1/2008..

Same ol, same ol with these crooks. After they get your down payment, it starts immediately! If you say anything, they call the attorneys @ Shumakker/Poop in tampa to try and shut you up!

And they use profanity with their customers even if there are kids around!! Fiebe's has no moral judgment or compass.