Take Your Rubber Ducks And Vamoose

This is another example of people moving into the area and deciding what they think the public wants. Most times their decisions are incorrect and motivated by self-serving interests. It sure makes for challenging and trying times for the store owners, renters, and folks who had decided many many years ago this was their bit of paradise and it was their passion that guided their work choices and shopping habits.

Sad sad article.

PARADISE LOST! Those with bigger bank accounts and better lawyers seem to make up the rules as they go. I pray for the sake of creative and pioneering individuals such as J. Miles that the court system will rule in his favor and honor his lease so that Fort Lauderdale will continue to have a few alternative non mega corporate type shopping experiences. Stores, such as J. Miles, add an important element of excitement to the overall flavor of Fort Lauderdale; an element which is essential to attract tourism and new residents alike. Best of luck to you!

We need a mix of stores in the downtown Fort Lauderdale area - not just high-end boutiques. Lots of people now live in the area and like to do their shopping locally. Stores like J Miles and coffee shops and markets are essential to the area. Plus, J Miles is clearly getting a raw deal. This store needs to stay.

It is sickening what greed does do motivate people. Here you have a man who is a true entrepreneur, and who has for 28 years tried (successfully) to make a go of a small business. But can we stand for that? No-o-o-o! Money talks, and they who have more only want more. Leave this man, and the other business owners, alone, for God's sake. When is enough enough?

The greedy Mega Stores and Hi Rise "Big City" people are eating Old Fort Lauderdale with their new bigger better super expensive expansion. The small business people and citizens who built Ft. Lauderdale are being pushed out and rolled over by the careless Wallmarts and Trumps of the world. Just look at our beach. $10.00 parking, $12.00 cocktails, $75.00 dinners, and $500.00 hotel rooms. What has happened to the funky stores, shops, and fun hangouts that were what made Ft. Lauderdale a fun beach town?

I hope the J Miles, and other Davids that are fighting the Goliaths, as they forever push to destroy what could still be a fun loving beach town,can win their fight and and allow the rest of us to enjoy our city. If the greedy landloards and developers win, Ft. Lauderdale will become the "Manhatten-Atlantic City of South Florida".

Give'em Hell, Jerry!!! You will win the good fight. If you don't, may the hi-rise that they want to build, next to the half vacant Waverly, on E. Broward Blvd. and Federal Hwy become another expensive over priced real estate error.

It is a real shame what is happening to the city of Ft. Lauderdale. It seems as though people from out of the area have moved in and they want to change Ft. Lauderdale into something like where they came from. If that continues to happen, Ft. Lauderdale will no longer be Ft. Lauderdale. The uniqueness that was Ft. Lauderdale will not be found anymore. It will be like living in New York, or Philedelphia, or any other big city.
I think it is time to leave!!!

Yeah, except big cities like NY and Philly still have pockets with cool, quirky businesses, clubs, and restaurants. We run all ours out.

I hope J. Miles wins the ownership of this building after all the harrassment this greedy owner has put him through. The attorney for the Lyons family reminds me of Judge Pearson in Washington DC who sued his dry cleaner for $65 million dollars for a pair of pants! This is a true case of "legal" mental and financial terrorism. SHAME on him. On top of that, the Lyons family is now sueing the elderly Mrs.Shweppe for a million too, and these families were best of friends for years! All that comes to mind is the word SCUM! The loss of Elements was a great loss to the character of Las Olas, it was a wonderful and creative store. I hope J. Miles, also wonderful and creative, does not suffer the same fate and finds a way to win this case and punish these greedy land owners.

In my opinion, this is another very sad example of how an unscrupulous landlord and her lawyer have used the legal system to bring bad faith claims against several small tenants with legitimate leases in order to financially bully them into vacating the premises. The strategy is, essentially, "who cares if we have a legitimate claim or not? Just sue them anyway because they can't fight us." Unfortunately, such tactics often work because small business owners really don't have the resources to fight back.

Further compounding the problem, judges are often so overworked that they don't have the time needed to spend on their civil caseload in order to ensure that justice is done. Many judges see these civil cases as anonymous, fungible disputes over nothing more than money that should be settled regardless of the merits in order to get them out of the court's hair. But to the small business person involved, this is a fight for everything they've spent a lifetime trying to build. And these small businesses employ others in the community who lose their jobs too when the legal system fails them. The biggest loser might be the community itself which loses the charm and character that these small businesses bring.

This particular landlord has already steamrolled several tenants and destroyed lives as the New Times article points out and she has set her sights on even more landmark Ft. Lauderdale small businesses like Smith's Frame Shop on East Broward which has been in business for 50 years.

As the saying goes - "All it takes for evil to triumph is for good people to do nothing." Thank goodness Jerry is fighting back. Maybe that will make it easier for some of the other small business owners facing down this landlord and her lawyer. I just wish the city elders would do more to protect people like J. Miles and Smith's rather than seemingly always siding with the wealthy developers. This is nothing short of class warfare in which the government has abandoned the little guy.

Godspeed Mr. Miles - please continue to fight the good and righteous fight for all of us who care about the city we love.

What rock did this landlord crawl out from under? What a scumbag.

We love J. Miles. If Ft. Lauderdale loses this store due to developer greed, the city will be a lot less vibrant and interesting place. Please don't let this happen!

Obviously a one-sided article. The previous manager, Mrs. Schweppe, was managing the Lyons family investments because she was a "friend" and because she was supposedly the expert as a licensed Real Estate agent. . . the family trusted her. So for over a decade she set the yearly leases at more than 50% below market value. She in fact, charged herself a ridiculous monthly lease amount on her prime Las Olas office location owned by the family. It was only after the daughter became a licensed agent did the Lyons family realize the gross negligence by their manager. IT was never the intention of the family to get rid of their friend and manager. Quite frankly, I think this should be a cause for revocation of Mrs. Schweppe's real estate license. Come on people, if you owned prime property, would you too try to maximize your investment potential? I think so.... Now Mrs. Schweppe has poisoned the tenants with mis-truths about the Lyons family. The disgruntled tenants should actually go after Mrs. Schweppe to supplement the difference between their current rents and the current market value of what the rents should be. Let's get real people, and recognize the Lyons family have been and continue to be the victims in this situation. From slanted articles like this one to being brought to court for trying to protect their investments as any property owner would do. PS I don't work for the Lyons family nor am I friends with any of the family members. I just happen to be privy to certain information. Though I support small businesses and want to see them prosper, I challenge all you readers to act any differently if you were in the same circumstances as the Lyons Family.

So here we have Mrs. Schweppe. Longtime friend of the family and licensed real estate agent. Her intentions may have been good when she took on the job of managing the properties thorughout the city and Wilton Manors for part time residents of Fort Lauderdale, the Lyons family. After all, Mrs. Schweppe had, what may be, the BEST office location on Las Olas Boulevard. So as the market values went up through the years, instead of Mrs. Schweppe increasing the rents, they were substatially lower then other properties surrounding them. No wonder the tenants remained content and happy with pleasant and honest Mrs. Schweppe. Of course, for her own benefit, when she would report to the family, who relied on her 'expert knowledge', the earnings from the properties, they believed this is what all rents were in the same locations. After all, they spent only a few months of the year in Fort Lauderdale and they should rely on their trusted friend. And, so of course, Mrs. Schweppe's rent stayed low too...so low that she could stay in business on Las Olas Blvd with little effort to even promote her real estate brokerage. Anybody remember it? And of course a salary came along with the management service Mrs. Schweppe was providing. Now, I am sure the Lyons would probably be content with the tenants, especially considering their longevity and no doubt, prompt lease payments if everything including their taxes and insurance remained the same. But, have the property taxes and insurances stayed the same price as the eighties rents that were being collected. Mine sure haven't!

Shame on you Mrs. Schweppe... If you hadn't been so concerned about your own office rent and if you were realistic and honest with the family who entrusted you with their investments, then none of this would even be an issue. Quite frankly, I would have gladly rented one of the locations in downtown Fort Lauderdale, if given the opportunity at the same rents as charged the current tenants, and used it simply as storage.

I understand Mrs. Schweppe is still practicing real estate in Fort Lauderdale. Let's see which one of you will be the first to call her to represent you for your next real estate transaction.

Commercial Brokers are expected to be experts in determining market value for Selling and Renting commercial space. The Lyons Properties on Las Olas and East Broward were being rented at approx 50% of Fair Market Value (FMV). Schweppe mishandling the Rents was well known by other Las Olas property owners and especially the Tenants themselves. It does not take a genius to figure out something is not right when FMV is $45 a Sq Ft and the Lyons Tenants are paying $15-$20 or in the case of Broward Blvd the Tenants paying 50% of FMV rent. Can you imagine owning those properties for many years and discovering the person you trusted to manage your investment did quite the opposite? Schweppe is lucky to still have a Real Estate License in my opinion! The Victims are #1 The Lyons #2 The Tenants. I wonder how much money the Lyons Family actually lost? I am very pleased that the Family is getting their day in Court. Schweppe has alot to lose but I fear not even close to what the Lyons Family has already lost!!

ihave enjoyed browsing jerry miles's unique offerings for the last 20 yrs, and i am appalled that no one has stepped up to the plate to help him, while he has been a lomg term merchant in a town that has certainly seen it's share of fly by night short term
bussinesses, no state official or any power seems to care that a merchants lease isn.t being honered. do your job people.

Well, BoZee, you seem to have a lot of inside info. Do you also know that Mrs. Shweppe is still employed by the brother of Valerie Lyons? If Mrs. Shweppe she was doing such a horrible job, do you think that she would still be in his employ? The Lyons family are no dummies by any stretch of the imagination and I do not believe that they were not fully aware of the market situation during Mrs. Shweppe's management of their numerous properties. Some folks are happy with making a fair return on their investments, as their holdings have most likely been paid for in full many years ago. However, come Valerie to save her aging parents and GREED walks in the door. Do you have any proof of the personal relationships that existed between Mrs. Shweppe and Valerie's parents? Now that the patriarch of the Lyons family is out of the way, all of the sudden the rules change. And your comment about Fair Market Value does not make much sense in this present market. Something is truly only worth what someone is willing to pay for it. If Mrs. Shweppe's office is worth per square foot what you say, and what the Lyon's family is asking for it now, why has it sat vacant for 17 months now? If Mrs. Shweppe had stayed there, at least until a deal came through at FMV, that would have been a lot more money in the bank for the Lyons family then they have recieved for it sitting vacant. And just look at the office. The family has not spent a dime on repairs and the place is an eyesore on Las Olas. It seems to me that there may be more to this entire story then meets the eye. I can not blame Valerie in attempting to try to get FMV for her properties, but I totally fault her by the manner in which she is going about trying to get it. Her tactics are horribly despicable and unconscionable. Wouldn't it be easier for her to honor and to buy out the existing leases at FMV then to put hard working individuals who invested thier lives into thier businesses out on the street? Just the money she is spending on legal fees alone would cover a great portion of that expense. The garbage that Valerie and her lawyer come up with to bully J. Miles is absoulutely shocking. Instead of dealing with the situation in a respectable manner, my information shows that the harrasment of J. Miles by Valerie and her lawyer is something that gives one pause when trying to understand human nature. Again, it saddens me that people and lawyers like this exist. I hope J. Miles has the ability to sue the Lyons family for damages as they surely have caused him great duress over the last year plus.
Also, there are somewhat comparable spaces to J. Miles available right on Federal Highway with higher visibility and traffic flow that are for lease in the same price range as the Lyons family is presently receiving for the spaces on East Broward. Why don't you go rent there and use them for storage.

It seems obvious that "Bo," "BoZee," and Jesse are the same person so immediately one has to question the credibility of someone who goes under several assumed names. Be that as it may, the valid leases that Valerie Lyons and her lawyer are trying to repudiate were all long term deals negotiated at a rate that was fair market value at the time the parties signed them. Further, each lease had a cost of living adjustment built in which allowed the landlord to raise the rent by a reasonable amount each year as is standard practice. Of course, these long term leases and the average COLA adjustments were negotiated nearly a decade ago, before 9-11, the Iraq war, the real estate bubble and subsequent bust as well as the three-fold increase in fuel prices. But that's the nature of a long term lease - small business-tenants insist on them because they won't invest in a space unless they have assurances that they'll be there long enough to recoup the investment. And landlords agree to them because of the sum certain cash flow they provide with the understanding that markets might go up, in which case it may turn out to be a less than favorable deal, or markets could go down in which case it becomes a very favorable deal. The risk inherent in a long term lease is borne equally by both parties.

This is basic contract law which Ms. Lyons and her lawyer are well versed in. But instead of sticking to the deal as they are legally and morally obligated to, they've now decided to breach each of these leases in bad faith in order to free up the properties for development. The fact that Valerie Lyons now refuses to offer any of these tenants more than a year-to-year lease even at above market rent betrays her true intention which is to repudiate the current leases, get each tenant on a short leash which gives her the ability to get rid of them as quickly as possible when the opportune time comes. As the landlord and her attorney well know - no business is willing to build-out a space and make the investment necessary to have a successful business on a year-to-year lease with the ever present threat of eviction hanging over their heads. Please, dear reader, don't go by the words of Mr. "Bo-BoZee-Jesse" - but instead evaluate Ms. Lyons' intentions by her conduct.

As I understand the facts - and for the record I am not affiliated with any of the parties or their lawyers - Mr. Miles has an excellent claim for malicious prosecution and punitive damages against Ms. Lyons and her attorney as well as possible RICO claims based on a pattern of bad faith repudiation of numerous contracts. Let's hope that karma works in this case, the courts will do the right thing and all the tenants who have been wronged will receive a hefty damage award for the economic and emotional injuries they have suffered as a result of these dastardly deeds.

I look forward to a great celebration party when this matter is finally over. I hope the New Times covers that!

Sorry I don't know bozee but I would like to....Luck for the Lyons....Very sad for The Tenants....Shame on Schweppe for being so INCOMPETENT!!!! I hope the Lyons get many of the other owners to testify as to how Schweppe was doing them wrong for years...As I said yesterday it was a known fact and the topic of many conversations at the FLORIDIAN!

Always,

JESSE

I think it is a shame that the children of a doctor, out of pure greed can get away with trying to ruin the livelyhood of small business in Fort Lauderdale. Didn't they soak enough out of their father while he was alive?

Shame on the court system for dragging this out so long.

Since everyone else is doing it, let me add another comment too. If it isn't clear already, J. Miles is a Ft. Lauderdale institution so this lawsuit has polarized many people in the community. There's tremendous local support for J. Miles which the landlord may have underestimated. I hope many people will attend the trial to show support for J. Miles and the other small businesses who are being hurt. Mr. Miles, would you kindly post information here about the date, time and place of the trial?

Also, I'm with you Jesse - the Floridian is a great place and another Ft. Lauderdale institution. I hope they're around a very long time too.

Just a quick thought that jumps out at me. The lease between J. Miles and the Lyons's has been in force for over eight years, he has activated and notified the landlord of his option to continue his tenancy, paid the agreed amount of rent including the annual cost of living increase, paid to upgrade, maintain and insure the leased property as specified in the disputed lease.

Now the landlord states that because they have this dispute with there long time ex-family friend and licensed real estate agent property manager of over 20 years (who they are now suing for $1,000,000.00) that their long time tenant, J. Miles, never had a lease and needs to move out or pay a huge increase in rent with no guarantee of unmolested future occupancy. What have I failed to understand?

A prospective tenant signs a binding agreement with the known and long time recognized representative of a commercial property owner. For many years this same representive collects the rent, answers the phone at the landlords place of business, pays the property maintenance service to cut the grass, sweep the parking lot and is the only person that can be contacted with regard to any issue concerning this same property. In fact, Barbara Schweppe even routinely signs and writes checks from the Lyons Family business bank account. As time passes, Dr. Lyons dies, his out of town daughter takes over the management of the business, fires the old property manager, and decides that she wants the old tenants out, or a huge rent increase.

When this goes before a Judge and jury, it should only take about 30 seconds for a decision in favor of the tenant. What a total waste of time, money and effort. Any 12 year old could have decided that the Lyons family is WRONG and should honor the agreement that they have abided by for years.

But, what do I know? I am only an outside bystander who sees this as another example of the out of town relatives who circle like vultures when a Florida property owner dies, and the family comes to pick the carcass and take away the proceeds.

Whomever mentioned Real Estate taxes should take a look at what the Onwer-Landord are paying. Yes, they are at 1980s rates! Maybe the County Property Appraiser should take note!

Folks get your facts straight.....The death of Dr Lyons had ABSOLUTELY nothing to do with this MESS!!!! SCHWEPPE is the PROBLEM....

jessee

Getting 50% of (theoretical) FMV is much better than 0%, which is what will happen once these stores close. There are SO MANY empty storefronts already in South Florida. I hope that once these stores are gone that the bays sit empty while the fat cats get charged the FMV in taxes on their properties.

Hey "Jessee" (or is it "Jesse"?) -

Talk about getting your facts straight! If that's really your name, how come you can't remember how to spell it correctly? Maybe you're a member of the Lyons family in disguise.

J.Miles should get his due...his lease bought out and compensation for his anguish would be a confirmation of the courts ability to still uphold their job as the protector of citizens regardless of financial means.
Jerry, not your first choice but you can find another location in this town that loves you and your thoughtful and thought provoking store. You are a very smart man with a quick wit and an inspiring curiosity. Hopefully this will become just a story to tell...you gotta know when to hold 'em...this is one of those times...you're in the right..hang in there.

Hey Jesse or Jessee, (does your spelling of your own name depend on how many cocktails you have downed?), if Mrs. Schewppe is the one at fault here, which I do not believe in any way, why is J. Miles being so horribly punished by the Lyons family, as were the poor owners of ELEMENTS and other properties now run by Valerie? Just proof that Valerie Lyons is a heartless creature with no scruples whatsoever. I truly feel sad for her because she has to live with her own evil ways. You, pointing the finger at Mrs. Schweppe, paints you in a similar light to Valerie (perhaps Jesse is Valerie). "Be gone before someone drops a house on you too!"

Good for you Jim. You are quite the detective to figure out that Bo and BoZee are one and the same. And I thought I was being clever. And to think I could have signed my name as Jimmy and perhaps it would have been a challenge for you to figure it out. HELLO!!!!

How sad Nancy, that you could be so insensitive to liken Mr. Lyon's children as vultures. Each of the children is succesful in their own right and with the proper rearing from their parents. Many are doctors as their father was. From my observations, the family lives very modestly and privately as many midwesterners do. The patriarch invested wisely in property, as guided by his Fort Lauderdale attorney, and in his children laying the foundation for future generations. Isn't that the dream of most families...to be remembered for many generations by their progeny?

A gross mishandling by a trusted friend managing the properties was recognized only after one of the children expressed interest in her families investments after earning her real estate license 5 years before her father's death. The daughter, Valerie, who had been characterized as a monster, does not even stand to benefit from the family trust's earnings. Neither do the other immediate children. But what readers of
this would not want the same thing for their future offspring?

Yes, I suppose if I were a tenant of one of the desirable properties in the Fort Lauderdale downtown core area and I was paying considerably less then my neighbors... Even after recognizing the person I am dealing with was pleasant and honest....and, obviously not the 'greedy' owners, I too would be fighting like hell to continue paying my established lease. Yes, mistakes were made.... but again, who is the root to the established pattern of errors? The root, obviously, is Mrs. Schweppe.

Yes, as a member of the Fort Lauderdale gay community, and a customer of J.Miles for obvious reasons... I am his target market. I would hate to see him go, but I am frustrated at seeing his outrage being displayed on his full page ads in the local gay rags....and at his store entrance. Seems more like a marketing ploy. Bet his sales have increased substancially since this all began... Good for you Jerry! It's the American way.

No, I do not know Jesse or Jessee, (of coursee, I attributee the mispeelling to an eextra tap on the leetter 'e')but I recall many converstions exchanged and overheard at the Floridian between other Las Olas land owners about the obvious incompetence of the Lyons family... but most everyone knew, even those of us within earshot, the one to blame for the difference in collected rents and market value, was the manager they hired and who was sitting pretty in her PRIME Las Olas office location.

BoZ, how on earth would you know information such as this " Valerie, who had been characterized as a monster, does not even stand to benefit from the family trust's earnings. Neither do the other immediate children."???? This is not something you learn from overheard conversations at the Floridian for gods sake. You are much closer to the family then you let on in order to know that.
And poor dear, you claim to be "frustrated" by seeing J. Miles ads in print and on the front of his store and belittle him for turning this situation into a marketing ploy. Apparently you have no idea what frustration is. Put yourself in J. Miles shoes and deal with this insane frivolous law suit which has cost him approx. $60,000.00 to date and mounting. He has not even gone to court yet! This "monster" called Valerie is just betting that none of her tenants can keep paying the legal fees that she directly causes the tenant to pay to fight these ridiculous never ending law suits in the hope that most likely the tenants finally give up and move on. Frankly, J. Miles needs all the support he can get in this battle, and not to be belittled by someone who claims to be a supporter of his business and a member of the gay community. If you had any idea of the stress that this lawsuit has brought upon J. Miles, perhaps you would be kinder. This fight is about principles and believing in the system. Unfortunately, to date, Valerie has managed to greatly damage others financial and emotional well being. I hope this time that J. Miles is able to give her a taste of her own medicine. The only negligent party here is the Lyons family themselves who failed to oversee Mrs. Schweppe and make sure she wrote leases that insured the family would always get FMV. It is not Mrs. Schweppe at all. What on earth do you have against this poor lady? Again, as I have mentioned in another comment, who is to say that Mr. Lyons when he was in charge of his holdings was not totally happy not to gouge his tenants and be happy when they were good, honest tenants who paid on time, kept up their properties, and abided by all the terms of the lease. Perhaps he was a gentleman with true Midwestern values who was happy to make a fair profit and not gamble on having his stores stay empty waiting for someone to come in and pay top dollar. Perhaps Mr. Lyons had a feeling for entrepreneurs and wanted to give them a chance to prosper, just as he did. How sad that people would make fun of the Lyons family because they were happy not to gouge the public. Just a bunch of greedy and envious people talking. The times are most certainly changing, and not for the better when it comes to matters of the heart.

In response to Bo\BoZee\Bo Z -

First, I'm only trying to do my best with the few talents god gave me.

Second, onto the substance of your comments. To claim that this is a fight about what rent Mr. Miles and the other tenants will pay is not supported by the facts, I believe. Instead, Mr. Miles is fighting this malicious lawsuit because he's invested a lot of time and money in this location (re-painting, new carpet, new awning, etc. as the New Times article says) in reliance upon his longterm lease with the Lyons family trust. He's fighting because Ms. Valerie Lyons has reneged on that obligation and is steadfastly refusing to offer him anything more than a short term, year-to-year lease which allows her to evict him anytime she wants. No business can operate with that kind of uncertainty.

Thus, the lawsuit brought by Ms. Lyons is about removing the impediments to developing the properties, not rent. In fact, I think Ms. Schweppe really has nothing at all to do with this case. Instead, she's a diversion; her so-called mistakes have been thrown into the case to give Ms. Lyons an excuse to void all the longterm leases. That's because even if J. Miles and the other tenants were all paying above market rents, Ms. Lyons would still be trying to evict them. It's about kicking out the tenants, not about rent. (Thus explains why the Las Olas property is still vacant).

Also, while I've heard second hand that the other siblings are pretty decent people, I've heard from these same sources that the family has basically disowned Valerie. More information, as I understand it, will be revealed at the trial.

Finally, on another note, has anyone ever seen Jesse/Jessee in the same room, at the same time, as BoZee/Bo Z? Think about it, people, think about it. And, do you think it's just a mere coincidence that "Jesse" and "BoZee" rhyme or is something more sinister afoot?

Hmmmm. Perhaps I really should be a detective.

Not only that, but what about the phonetic similarity between "Jessee" and "Bozee"? Coincidence? I don't think so. But what sayeth you, Mr. Bo Jangles Bozee?

I will miss J Miles Store. What a fun place. I bought a t-shirt there and I make sure to wear it ever June 28th. on my daughters birthday. She'll be 15 this year. Some places are about memories which make our lives better. Good luck Jerry!

Oh, I forgot to tell you why I wear the shirt on her birthday it is because I had it on when she was born. It was the first t-shirt she ever saw. A mmemory for me.

The comments are heated. Ironic that Dr. Lyons was a UROLOGIST a doctor who helps us pee with glee and look what his kids are doing. J Miles is not a doctor but he has given many good deals for many years and good memories for more.

J MILES has and always will be a great shop wherever they end up. I highly recommend hiring Schweppee to find you a new location at a very desireable rate....

jessee

I have read all of the comments on this page and I think it all boils down to one thing and only one, did Scweppe have the right to obligate the Lyons? If she did, then they need to be bound by her or "their" agreements. Simple but true. If you give anyone the right to make a deal on your behalf, then you need to be held accountable and responsible for the deal that they make, no more, no less.

I do need to add a few additional observations. The first, If you had a property on Las Olas rented for $10 per month and then you moved that tenant out, but never fill the vacancy, how is this a "good business move"?

Second, It would seem as though several people adding comments here are closer to the parties than they let on.

Finally, the naked truth. Thank you Philly D for getting to the point. I hope the judge for this case can see through all of the BS (Bilious Smoke) that Valerie Lyons' attorney endlessly conjures up. Since her attorney knows that the judge will honor the power of attorney that Mrs. Schweppe had to represent the family in their Fort Lauderdale real estate holdings, Valerie's attorney has come up with the most unbelievable long list of reasons to try and make the lease void, including citing the exterior color that J. Miles chose to paint his storefront as unacceptable and grounds to not honor his lease. They are searching for needles in a haystack. Unfortunately, our legal system is partially to blame for the hardships that are hurting J. Miles and have put others out of business already. This case could have been over long ago as the first judge assigned to the case was close to making a decision and was suddenly reassigned to another area. In my opinion, the only true winners in this case are the attorneys for both parties who get paid no matter who wins or looses.
And yes, I have been both a customer and a friend of J. Miles for over 25 years! J. Miles has done so much for the community over the years and his iconic store has become a pilgrimatic destination for both locals and tourists from all over the world. J. Miles also was the visionary who brought innovative retail to the Fort Lauderdale Museum of Art for both the Princess Diana and the King Tut shows there. But that is another story for the New Times to deal with at a later date.

From what I understand, one of the more outrageous claims that Ms. Lyons has made in this case is that J. Miles breached the lease, and thus should be evicted, because he failed to maintain the parking lot in back of his store. I heard that Lyons' lawyer made that argument in open court in order to oppose Mr. Miles' request for summary judgment which would have otherwise resulted in a ruling that he had a valid lease. It was later revealed during discovery that the parking lot had not been maintained because Ms. Lyons stopped paying the maintenance man.

You were right, EvanB, when you said that this case is about using the legal system to inflict financial and emotional terror on Mr. Miles. But I blame the legal system itself, including the judge(s) involved, for allowing a wealthy party to mug and repeatedly bludgeon Mr. Miles. Whoever said it was also correct: This is a shameful example of how distorted our justice system has become such that lawsuits are used as instruments of terror by the wealthy against the working class rather than as a means to protect those who've truly been wronged. Maybe there's still hope that the right thing will happen here and justice can still be had after all.

What a shame. A guy puts all this time in giving the community great customer service and a greedy family member takes over and trys to cash in. Shame on the Lyons family attorney. I am of the belief that what goes around comes around.......

J Miles has done an incredible job in using this as a marketing tool..I will always patronize your store wherever you end up...As far as the Lyons....Good for them in protecting their investments. Everyone needs to be careful when they choose a Real Estate Broker and this mess proves the point. I just can't figure out WHY Schweppe kept the rents 50% below the street value?? Does anyone want to speculate? Also does anyone think the tenants knew they were paying 1/2 of what the rest of the street paid? No wonder they love schweppe....My last comment is that I hope J Miles and Schweppe buy an investment property together and schweppe manages the tenants...Please don't be greedy and charge the tenants FMV it is just not right....after all they are businesses that can't afford the rent but really deserve to be here so lighten up and let them stay will you?

Oh, Jesse/Jesee/Bozee/Valeree/ or whatever your nom du jour is:

Get off the Schweppe broken record already. The woman did what she did for eight years or more, and it's interesting that only now is she being called for it. Why was this allowed to go on for so long if the Lyonses are such shrewd business people? You keep repeating this like it's some mantra. Say it often enough, and you might actually believe it's true.

As for your comment about patronizing J. Miles' store wherever it ends up: Please. Just please - do you think anybody believes that?

And as to this all being a marketing ploy on the part of J.Miles: $60,000 in legal fees (and mounting)? Do you think the rest of us are that stupid? Please don't insult us with this nonsense if you expect to be taken seriously.

Bottom line: some developer offered Ms Val a fat chunk of change for this property, but there was just one little inconvenience - the business owners have legally binding leases (parking lots and paint colors notwithstanding). It doesn't matter that they aren't paying the rents you feel are appropriate.

And no, I don't know J.Miles all that well, apart from having been in the store several times. I wonder why I never ran into you there since you are such a loyal customer.

Jesse/ Valerie said " Does anyone want to speculate? Obviously you are so wrapped up in your own self deception that you have not read all the comments. I have made a few speculations, and you have not considered or commented on anything other then outright blaming everyone's problems on Mrs. Schweppe. Unfortunately, now that Mr. Lyons is gone, there is noone other then Mrs. Schweppe who really knows the truth, and you are, I mean Valerie is sueing her too. Who is gonna fund Mrs. Schweppe's battle now? The only proof is in the writing. Valid leases and powers of attorney are what must be adhered to. So stop attacking Mrs. Schweppe who for years so well managed the Lyons' properties to the satisfaction of the original investor. If her client was satisfied, that is all that matters. It is only since Valerie is in the picture that there seems to be any problems. I am sure Mr. Lyons is now rolling in his grave over his daughter's approach to quickly maximize her profits and make room for new development. I would not be at all surprised if her battle is being partially funded by one of the larger local developers also. I am sure Mr. Lyons' ethics were more intact then his daughter Valerie. This whole issue is about how Valerie and her attorney are bullying and harrassing their long time tenants and refusing to accept the truth about the "mess" that Valerie has taken charge of. Jesse, your blaming this whole problem on Mrs. Schweppe is a song and a dance to misdirect attention from the facts. Get over it! We are sick of hearing it!

PS Iam not Valerie...And you are so misinformed...

PS Iam not Valerie...And you are so misinformed...

Jesse ........ You may not be Valerie, but you sound like her evil twin!

As far as Mrs. Schweppe is concerned, her business practices were acceptable to Dr. Lyons for many many years, why all of sudden, after he's gone, are they now in queston? It certainly makes one wonder. I think Evan B. hit it just right when he said she was nothing more than a diversion.

The fair thing to do would be for Ms. Lyons to live out her lease obligations and inform the tenants that she will no longer be renewing them as she probably does have plans to sell to yet another developer of some obnoxious high rise building. (oh and we do need another one of those in downtown Fort Lauderdale) Well Ms. Lyons, you should be aware that karma will come back to bite you!

It's wonderful that Dr. Lyons acquired multiple properties throughout his lifetime and left his children with financial security (As far as the children not benefitting from any of this, I sincerely doubt it!) Yes this is something that all of us would like to do for our children, and Ms. Lyons and her siblings are very fortunate. These properties have probably been paid for for many many years leaving the only expenses being taxes and maintenance, very profitable for the children. But isn't that enough?

I ask you Ms.Lyons, have you considered the business owners who have put their life's savings into their businesses who might not be able to start over and make a go of it if forced to move? Do these businesses have employees? Have you considered them as well? People who have families to support, and mortgages to pay? People who might find themselves in dire straights if the businesses they work for had to close and they no longer had jobs? Have you considered these people who will suffer as a result of your greed driven anitcs as you sit on millionaire row? What will become of them? Don't you have enough?

I ask you, Valerie Lyons, what DO you see when you look in the mirror, and how DO you sleep at night?

I hate to have to answer the last comment but it is necessary to set the record straight. The Lyons Children do not benefit from the property unless the writer knows more than I do...I doubt it..I am confident that is what the tenants are spreading in order to build support for their side. Owning commercial property is to make a profit and a return on your investment. Many businesses have had to relocate due to the fact that as the rents increase their businesses are unable to support the rent..WOW what a brlliant comment..I suggest you all go the court house and get a copy of the case like I did in order to know the truth. Go on,get the facts and then let us hear your comments! SCHWEPPE IS THE CULPRIT....WAKE UP!!! SEE YOU AT THE TRIAL!!!!

Jessee, you just answered the $60,000 question! If, as you say, Schweppe is the culprit, why should J. Miles suffer? It is NOT J. Miles problem. It is a disagreement between a property owner and his employee. As the third party is this "family fight", J. Miles should be compensated for his loss and disruption of business. Don't blame the cow because the dairy lets its milk go bad!

Jim R

I WONDER HOW OFTEN SCHWEPPE & MILES CHUCKLED ABOUT THE LOW RENT? SUCH A DEAL THEY MADE!! AT ANY RATE J MILES SHOULD FIND A LOCATION THAT WOULD ALLOW HIM TO SELL HIS THINGS AND A RENT THAT WOULD ALLOW HIM A PROFIT..15-20 BUCKS A FT. MAYBE? IF EVERYONE FEELS SO BAD WHY DON'T YOU HELP HIM PAY THE RENT?

Jesse, I am so sick of your "BLAME IT ON SCHWEPPE" tirade! This case is Lyons Family Ltd. Partnership Versus J Miles Clothing Co. There is a valid lease between the two parties which the Lyons family is now doing everything in their power to try and find null and void. This is an issue in which greedy offspring come into power within the organization and wish to rewrite the rules and attempt to play the dirtiest of pool in order to get their way. Dr. Lyons was pleased with the service provided by Mrs. Schweppe for many years, as to this day is a brother of Valerie Lyons who still entrusts Mrs. Schweppe to run his rental properties not held within the Lyons Family Ltd. Partnership. This is a case of greed where Valerie, although she may believe she is doing the right thing for her family, has dismissed prior leases as worthless and will not accept the fact that the only negligence here is on the part of her and her family for not dealing with these issues in the proper manner earlier. In J. Miles case, the Lyons family have accepted lease payments on a regular basis for the past 8 years, confirming and reaffirming the valid lease relationship between the two parties. So Jesse, get over it and stop blaming Mrs. Schweppe. If Valerie is as you say not benefiting from any of these investments, she surely must be drawing a healthy management fee and a percentage of income. Otherwise, she comes out as being driven by nothing other than malicious and evil intent. Either way, she needs to stop playing the victim and stop victimizing others due to the negligence of her own family's past decisions.

Jessee, poor dear. You would never have made it on the debate team, now would you? As I have read through these comments, as well as the article, you have never addressed any of the salient legal issues presented; rather, you have chosen to continue your rather monotonous and tiresome ad hominem attacks on Ms. Schweppe, as well as ranting about the fact that you don't think J. Miles has paying enough rent.

There are very different issues on the table, dear. No one who cashed the rent checks complained about the amount, lo these many years. Attempting to nullify a legally binding contract is quite a different situation, don't you think? If you cannot grasp that distinction, you should probably just remain silent. You are not being helpful. You are becoming laughable. The only thing is, none of this is very funny.

Jessee/BoZee/Valerie/William Tuttlee -

You're a jackass.

The issue is not rent - the issue is whether Miles had a valid lease and whether Valeriee/Tuttlee is now trying to intentionally breach it. What part of that don't you understand?

Wake up and smell the formaldyhyde, will you please!

Oh My now your getting personal...I only reviewed the allegations of Schweppe breaching her settlement agreement with Lyons..I have not read the case of Miles vs Lyons..I doubt seriously any judge will agree schweppe was empowered to provide a lease that is greater than 50% below FMV...How long did Miles think the Gift Horse would continue giving? When is the hearing anyway?

As for “BoZ” , “Bo”, “BoZee”, “Jesse”, “Jessee” AND “Valerie”, As an outsider whom just stumbled on this article and I am appalled!

As a landlord myself, according to Jesse’s distorted views, I feel like I’m not collecting enough rent from my tenants either. My tenants, like the Lyon’s all have anywhere from 5 to 10 year leases which rents are collected by a 3rd party similar to Ms. Schweppe’s relationship with the Lyons. I have been forturnate enough to have had the same headache free tenants for upwards of 20 years. I would never be so stupid as to try and void my existing leases and evict my long or short term tenants just for the almighty dollar. Not only because it is illegal, it would not morally be the professional thing to do as a landlord.
The reason I have been a successful landlord is because I watch over my properties and my management company. If I didn’t conduct my business in this fashion, I would have no one to blame but myself. When leases come up for renewal, I meet with my tenants and we agree on a fair rent. No problems and everyone’s happy. I would like to know just how many times the Lyon’s sat down with Ms. Schweppe and the tenants to discuss the leases or rents. I am truly blessed to have wonderful and long term tenants. I feel the Lyon’s should financially compensate her tenants and drop her frivolous and illegal actions so these business owners can concentrate on their business and get their lives back.

In closing, being a long time Fort Lauderdale resident, I remember what Las Olas Blvd. was like in the early 90’s. It was pioneering tenants like J.Miles and Elements that helped to make Las Olas what it is today. The Lyon’s should thank these business for working hard all these years to make these properties their worth today.

Very sad situation for these tenants.

John

Bravo John! Valerie Lyons, or whoever she's calling herself today, could learn many a lesson from a landlord like you. It seems morals, ethics, and conscience are not her stronger points. Perhaps you'd like to post your contact information for her war weary tenants.

I need to set the record straight. I am not Valery or Bozee. I do suspect the Lyons will win in Court!

I need to set the record straight? Hmmm Jesse, you just claimed not to be "VALERY", but that means you still may be VALERIE... or certainly someone very close to her! You sound just like Valerie trying to find a needle in a haystack to mislead the court system and to get her out of honoring any of her leases. Jesse, you have not presented one single piece of concrete opinion as to why the court may rule in favor of the Lyons family. All you do is blow the whistle at Schweppe which has no relevance whatsoever to the fact that there is a valid lease between the Lyons family and J. Miles. If you can offer something valid, other than negative pipe dreams, please do, however, your constant negative energy which seems to flow out of you 24/7 puts you in the same light as the greedy Valerie Lyons, so in effect you are one in the same. If you are so intent on seeing J. Miles lose this case and you have no relation to the Lyons family, you are just one nasty individual. I hope you find peace in your sad and angry life.

P.S. Jesse, if you try to refer me to your comments #42 and #43, where you state "PS Iam not Valerie" as proof that perhaps you made a typo in your last comment at 4AM by typing VALERY, well, "PS Iam not Valerie" does not make any sense either. The only IAM I know about is dog food! And I would find it easier to swallow that than the bunch of crap you have been dishing out here.
Also, in your comment #52, you state "I have not read the case of Miles vs Lyons". Let me set the record straight and repeat ... this case is "Lyons Family Ltd. Partnership Versus J Miles Clothing Co." It is J. Miles that is being sued and punished financially, emotionally and spiritually, (even if the latter is beyond your comprehension), and this case does not name Ms. Schweppe as a defendant, so how can the court find her at fault in this case? Talk about being so misinformed!

My husband and I have been customers of JMILES since the year 2000. We have bought teeshirts and birthday gifts over the years and have become friends with Jerry and his staff. He is an honorable and well respected member of the Fort Lauderdale community and we admire him very much. Even though we moved to Palm Beach Gdns. four years ago, we continued to go to the store, have lunch, and drive back home. We always enjoyed our visits. Please, do not take away this charming store. The livelyhood of such a hard working and devoted member of the retail community and friend of many, should not be lost to Fort Lauderdale. We have recommended JMILES to many of our friends who have also frequented the store. Please do the right thing and continue his lease so that we may all keep on enjoying shopping at JMILES. Thank You, Mary & Jeff Kron.

THIS IS NOT JUSTICE... This is GREED at it's finest!
What ever happened to "Liberty and Justice for All"??? Remember... it is a definition of American democracy and a constant reaffirmation of our dedication to the fundamental principles of that democracy. Ohhhh yes... I forgot that has now changed to " Liberty and Justice for All THOSE WHO CAN AFFORD TO BUY IT"!!! What part of "Jerry HAS A LEASE" don't you understand? Remember...A contract/lease is a "legal" binding agreement. Ohhh yes... I forgot that too has changed...
GREED trumps LAW... MONEY WINS...What A Sham!

I have enjoyed being a customer of J. Miles and the News Room Cafe for years. I pray that JUSTICE PREVAILS in the lives of the greedy (karma is NOT a beach)even in S. Fla.

Jesse -

You suck.

Brian.

ANYONE OUT THERE KNOW THE HUIZENGAS? IF YOU DO, MAKE THEM AWARE OF WHAT'S GOING ON, MAYBE THEY WOULD BUY VALERIE OUT & SET THINGS STRAIGHT FOR EXISTING TENANTS. THAT'S ABOUT THE ONLY WAY SHE'S GOING TO STOP, JUST GET HER COMPLETELY OUT OF THE EQUATION. IT COULD BE A NEW START ON GETTING DOWNTOWN BACK TO THE WAY IT SHOULD BE. WE SURE DON'T NEED ANOTHER SKYSCRAPER EYESORE ON THE HORIZON. A LITTLE PHILANTHROPY IS NEVER A BAD THING.

Despite the efforts of the landlord to further delay, stall and impose more crushing costs on Mr. Miles, the court has rejected those ploys and instead scheduled a trial for the end of June. Mr. Miles will finally get his day in court and Valerie will get her come-uppance if justice plays any role in this.

Let us all hope and pray for a result that is fair to Mr. Miles considering all the damage and cost he has been forced to endure.

Just to keep everyone up to date. It ain't over yet.
Jerry is still duking it out at court. It looks like the Lyons family tactic is DELAY, DELAY, and DELAY.

Oct. 23, 2008 UP-DATE

While searching and waiting to find the outcome of this on going farce by Valerie Lyons, I found that as of this date nothing has been decided. The court case is over, however no word has come from the judge. Jerry Miles is still waiting in limbo, racking up legal fees, while Valerie continues to delay. It looks like Valerie has spent lots of time in court and with lawsuites. I found the following on line.

Ain't she a piece of work??Pathologist files whistleblower lawsuit against former employer, NCH
LIZ FREEMAN, epfreeman@naplesnews.com
12:00 a.m., Friday, May 7, 2004


Dr. Valerie Lyons accepted a job as a pathologist with Naples Pathology Associates in September 2001. Within weeks, the job soured.
A 52-year-old woman was diagnosed the following month with ovarian cancer and underwent a hysterectomy. Lyons says in a whistleblower lawsuit the patient was misdiagnosed and the surgery was wrong.

She examined the patient's tissue slides a few days after the surgery and did not find any evidence of cancer, according to Lyons' lawsuit filed April 29 in Collier County Circuit Court.

On top of that, she sent the slides to the Armed Forces Institute of Pathology in Washington, D.C., for a second opinion. The institute determined there was no invasive cancer, according to the lawsuit. In turn, a colleague at Naples Pathology agreed with the institute's findings.

One of Naples Pathology's founding partners, Dr. H. David Greider, told Lyons "he was going to bury the patient's case" the lawsuit says. That's a violation of state law that says adverse incidents must be reported to state health-care regulators.

In early December 2001, Lyons met with Dr. Perry Gotsis, chief of staff of Naples Community Hospital, and the hospital's in-house attorney. Naples Pathology has an exclusive contract with NCH to provide pathology services to the hospital system.

During the meeting, Lyons presented Gotsis with copies of the patient's pathology reports and discussed the misdiagnosis and attempted "cover up," the lawsuit says. Gotsis agreed to look into the matter.

Lyons also met with Greider on Dec. 14, 2001, when he threatened to fire her if she told the patient or anybody else about what happened, the lawsuit says.

Shortly afterward, Lyons got a call from Gotsis and NCH's attorney, advising her to retain a lawyer. They suggested she hire Michael McArdle, a partner with the local firm, Roetzel & Andress.

She did turn to McArdle and he advised her to resign from Naples Pathology and wrote her resignation letter, according to the lawsuit. Two days later, she "was forced to resign," the lawsuit says.

A few weeks later, Lyons talked with Dr. Allen Weiss, president of NCH, who advised Lyons not to disclose the patient's case, according to her lawsuit.

"Moreover, Dr. Weiss told (her) that if she were his daughter, he would advise (her) to just let it go and move on with her life because if she did not, her future medical career would be ruined," the lawsuit says.

During another conversation with Gotsis and Weiss, they reiterated that if "she became a whistleblower it would ruin her medical career," according to the lawsuit.

Throughout this time, the patient was not informed of her true medical condition, according to the lawsuit. The patient's identity is not disclosed in the complaint.

Before leaving Naples Pathology, Lyons discovered colleagues at the practice were using her electronic signature to sign out cases without her permission, the lawsuit says. That's a violation of federal law.

She approached Greider and he told her that he and others at the practice support "reusing" other physicians' electronic signatures, the lawsuit says.
Lyons' complaint alleges one count of whistleblower retaliation against Naples Pathology and Greider, and a second conspiracy count that includes NCH. The second count says the pathology practice, Greider and NCH had an interest in concealing the errors from the patient and conspired to get Lyons to resign.

The lawsuit originally was filed in December 2003 in Broward County Circuit Court. After leaving Naples Pathology, Lyons was unable to secure another job, according to the complaint. She relocated to Fort Lauderdale.

A Broward judge in February this year granted a motion from Naples Pathology and Greider to dismiss the second count. Lyons filed an amended complaint in the Broward court. NCH asked the case be transferred to Collier County, which a judge granted in late March.

"Everything Valerie Lyons says is totally off the wall," Greider said when contacted this week. "It couldn't be less true."

Greider said Lyons tried to blackmail the practice and threatened to go to accrediting agencies. He said she was not forced to resign but did so of her own accord.

"There were letters from lawyers that said if we didn't pay a certain amount of money, we would suffer the consequences," Greider said.

Greider said there was no misdiagnosis of the patient's condition.

"We are amazed we are continually told there was a misdiagnosis," he said. "Her accusation that we withheld information from the patient is absolutely incorrect."

Pathologists do not talk to patients directly about a diagnosis but to the physician treating the patient. Greider said the patient's physician was notified in writing and verbally about the results.

"The patient's care, as far as I know, has been fine," Greider said.

Lynne Dailey, a Fort Myers attorney representing Greider and Naples Pathology, said, "I don't think Ms. Lyons' case has any merit at all."

Lyons' claim is that some adverse event occurred that should have been reported to authorities, but that is wrong, Dailey said.

"The surgery was justified. There was no adverse event so there was nothing to report, hence, no whistleblower (issue)," she said.

Moreover, Dailey said, Lyons walked off the job and was not forced to resign, contrary to what her lawsuit claims.

"She walked out with one day's notice," Dailey said. "She violated the terms of her employment contract. She needed to give six weeks' notice and she left with one day's notice."
Lyons' attorney, Kevin O'Connor of Miami could not be reached for comment. Lyons also could not be reached for comment.

McArdle, the Naples attorney who was recommended to Lyons, said he would not have advised her on whether to resign, but likely did draft her resignation letter.

He said they were contemplating a negotiated settlement or a separation agreement with Naples Pathology but he could not discuss those details because of client/attorney privilege. He later stopped representing Lyons because he is not a litigator.

Lyons' lawsuit said McArdle was recommended to her by the NCH officials and she was unaware at the time that his firm, Roetzel & Andress, was actively engaged in representing NCH.

McArdle, who is now in private practice, said in the five years he's been in Naples, Roetzel & Andress never did legal work for NCH.

Still, McArdle said he considers Lyons to be a "very serious, deliberate and a reflective person" but perhaps a little inexperienced working in a private practice atmosphere. Her experience prior to coming to Naples was in an academic setting, he said.

"She came qualified and clinically sound," he said. "I certainly found her to be somewhat with an academic temperament."

McArdle said he believes some of her story is credible.

"I am convinced something happened because I don't believe anyone with her serious medical training would fabricate something," McArdle said.

Regarding the issue of her electronic signature being used without her permission, he said that was an issue she had brought to his attention.

"That's a very serious accusation in and of itself," he said.

Lawrence Farese, NCH's attorney in Naples, said there was a meeting between Lyons and the hospital officials in December 2001 when she presented her misdiagnosis claim. It was regarded as a "wild story of misdiagnosis and coverup, but we took it seriously and said we would look into it," Farese said. "Hospital management did a review and determined the patient's treatment was very appropriate and the physician's communication with the patient was appropriate."

As a result, NCH concluded there was nothing further to review or to report to state authorities or to the patient, Farese said.

Farese said a conversation did take place between Lyons and Weiss, the hospital president, where he advised her as a daughter to let the matter go and move on with her career.

"By the time it (their conversation) took place, Dr. Lyons had already resigned," Farese said. "She was making some serious financial demands upon her former employer, and threats."

Weiss has two daughters who are physicians and he gave Lyons "some fatherly advice as he would to his daughters," Farese said.

Weiss advised Lyons to resolve her differences with her former employer, get a letter of recommendation and move on, Farese said.

Lyons' claim that NCH engaged in a conspiracy to get her terminated from her job is "ridiculous," Farese said.

NCH will file a motion to dismiss the claim against the hospital system, likely next week or so, he said.

"Florida whistleblower's (law) only applies to employers," he said. "The hospital is not her employer."Pathologist files whistleblower lawsuit against former employer, NCH
LIZ FREEMAN, epfreeman@naplesnews.com
12:00 a.m., Friday, May 7, 2004


Dr. Valerie Lyons accepted a job as a pathologist with Naples Pathology Associates in September 2001. Within weeks, the job soured.
A 52-year-old woman was diagnosed the following month with ovarian cancer and underwent a hysterectomy. Lyons says in a whistleblower lawsuit the patient was misdiagnosed and the surgery was wrong.

She examined the patient's tissue slides a few days after the surgery and did not find any evidence of cancer, according to Lyons' lawsuit filed April 29 in Collier County Circuit Court.

On top of that, she sent the slides to the Armed Forces Institute of Pathology in Washington, D.C., for a second opinion. The institute determined there was no invasive cancer, according to the lawsuit. In turn, a colleague at Naples Pathology agreed with the institute's findings.

One of Naples Pathology's founding partners, Dr. H. David Greider, told Lyons "he was going to bury the patient's case" the lawsuit says. That's a violation of state law that says adverse incidents must be reported to state health-care regulators.

In early December 2001, Lyons met with Dr. Perry Gotsis, chief of staff of Naples Community Hospital, and the hospital's in-house attorney. Naples Pathology has an exclusive contract with NCH to provide pathology services to the hospital system.

During the meeting, Lyons presented Gotsis with copies of the patient's pathology reports and discussed the misdiagnosis and attempted "cover up," the lawsuit says. Gotsis agreed to look into the matter.

Lyons also met with Greider on Dec. 14, 2001, when he threatened to fire her if she told the patient or anybody else about what happened, the lawsuit says.

Shortly afterward, Lyons got a call from Gotsis and NCH's attorney, advising her to retain a lawyer. They suggested she hire Michael McArdle, a partner with the local firm, Roetzel & Andress.

She did turn to McArdle and he advised her to resign from Naples Pathology and wrote her resignation letter, according to the lawsuit. Two days later, she "was forced to resign," the lawsuit says.

A few weeks later, Lyons talked with Dr. Allen Weiss, president of NCH, who advised Lyons not to disclose the patient's case, according to her lawsuit.

"Moreover, Dr. Weiss told (her) that if she were his daughter, he would advise (her) to just let it go and move on with her life because if she did not, her future medical career would be ruined," the lawsuit says.

During another conversation with Gotsis and Weiss, they reiterated that if "she became a whistleblower it would ruin her medical career," according to the lawsuit.

Throughout this time, the patient was not informed of her true medical condition, according to the lawsuit. The patient's identity is not disclosed in the complaint.

Before leaving Naples Pathology, Lyons discovered colleagues at the practice were using her electronic signature to sign out cases without her permission, the lawsuit says. That's a violation of federal law.

She approached Greider and he told her that he and others at the practice support "reusing" other physicians' electronic signatures, the lawsuit says.
Lyons' complaint alleges one count of whistleblower retaliation against Naples Pathology and Greider, and a second conspiracy count that includes NCH. The second count says the pathology practice, Greider and NCH had an interest in concealing the errors from the patient and conspired to get Lyons to resign.

The lawsuit originally was filed in December 2003 in Broward County Circuit Court. After leaving Naples Pathology, Lyons was unable to secure another job, according to the complaint. She relocated to Fort Lauderdale.

A Broward judge in February this year granted a motion from Naples Pathology and Greider to dismiss the second count. Lyons filed an amended complaint in the Broward court. NCH asked the case be transferred to Collier County, which a judge granted in late March.

"Everything Valerie Lyons says is totally off the wall," Greider said when contacted this week. "It couldn't be less true."

Greider said Lyons tried to blackmail the practice and threatened to go to accrediting agencies. He said she was not forced to resign but did so of her own accord.

"There were letters from lawyers that said if we didn't pay a certain amount of money, we would suffer the consequences," Greider said.

Greider said there was no misdiagnosis of the patient's condition.

"We are amazed we are continually told there was a misdiagnosis," he said. "Her accusation that we withheld information from the patient is absolutely incorrect."

Pathologists do not talk to patients directly about a diagnosis but to the physician treating the patient. Greider said the patient's physician was notified in writing and verbally about the results.

"The patient's care, as far as I know, has been fine," Greider said.

Lynne Dailey, a Fort Myers attorney representing Greider and Naples Pathology, said, "I don't think Ms. Lyons' case has any merit at all."

Lyons' claim is that some adverse event occurred that should have been reported to authorities, but that is wrong, Dailey said.

"The surgery was justified. There was no adverse event so there was nothing to report, hence, no whistleblower (issue)," she said.

Moreover, Dailey said, Lyons walked off the job and was not forced to resign, contrary to what her lawsuit claims.

"She walked out with one day's notice," Dailey said. "She violated the terms of her employment contract. She needed to give six weeks' notice and she left with one day's notice."
Lyons' attorney, Kevin O'Connor of Miami could not be reached for comment. Lyons also could not be reached for comment.

McArdle, the Naples attorney who was recommended to Lyons, said he would not have advised her on whether to resign, but likely did draft her resignation letter.

He said they were contemplating a negotiated settlement or a separation agreement with Naples Pathology but he could not discuss those details because of client/attorney privilege. He later stopped representing Lyons because he is not a litigator.

Lyons' lawsuit said McArdle was recommended to her by the NCH officials and she was unaware at the time that his firm, Roetzel & Andress, was actively engaged in representing NCH.

McArdle, who is now in private practice, said in the five years he's been in Naples, Roetzel & Andress never did legal work for NCH.

Still, McArdle said he considers Lyons to be a "very serious, deliberate and a reflective person" but perhaps a little inexperienced working in a private practice atmosphere. Her experience prior to coming to Naples was in an academic setting, he said.

"She came qualified and clinically sound," he said. "I certainly found her to be somewhat with an academic temperament."

McArdle said he believes some of her story is credible.

"I am convinced something happened because I don't believe anyone with her serious medical training would fabricate something," McArdle said.

Regarding the issue of her electronic signature being used without her permission, he said that was an issue she had brought to his attention.

"That's a very serious accusation in and of itself," he said.

Lawrence Farese, NCH's attorney in Naples, said there was a meeting between Lyons and the hospital officials in December 2001 when she presented her misdiagnosis claim. It was regarded as a "wild story of misdiagnosis and coverup, but we took it seriously and said we would look into it," Farese said. "Hospital management did a review and determined the patient's treatment was very appropriate and the physician's communication with the patient was appropriate."

As a result, NCH concluded there was nothing further to review or to report to state authorities or to the patient, Farese said.

Farese said a conversation did take place between Lyons and Weiss, the hospital president, where he advised her as a daughter to let the matter go and move on with her career.

"By the time it (their conversation) took place, Dr. Lyons had already resigned," Farese said. "She was making some serious financial demands upon her former employer, and threats."

Weiss has two daughters who are physicians and he gave Lyons "some fatherly advice as he would to his daughters," Farese said.

Weiss advised Lyons to resolve her differences with her former employer, get a letter of recommendation and move on, Farese said.

Lyons' claim that NCH engaged in a conspiracy to get her terminated from her job is "ridiculous," Farese said.

NCH will file a motion to dismiss the claim against the hospital system, likely next week or so, he said.

"Florida whistleblower's (law) only applies to employers," he said. "The hospital is not her employer."

As I expected.... justice has been served.

JUSTICE HAS BEEN SERVED? IS THERE A RESULT IN THE COURT CASE?

READING THE ARTICLE & SOME COMMENTS, I WEIGH IN HERE. PLEASE PEOPLE! ...HAVE FAITH IN THE COURT. MILES HAS A GOOD LAWYER, AND I AM SURE AFTER HIS PRESENTATION AND ALL THAT WAS INVOLVED, THE JUDGE WILL RULE CORRECTLY. WE SHOULD ALL HAVE FAITH.

IT IS EASY TO ARGUE THE LANDLORD'S SIDE, AND ARGUE BARBARA SCHWEPPE DID NOT HAVE A RIGHT TO DO WHAT SHE DID. SOME HERE IN FT. LAUDERDALE WHO ARE PERIPHERALLY INVOLVED (LIKE ME) AGREE BS MADE A MESS OF THINGS FOR THE LYONS FAMILY. HER LEASES INCLUDING MILES' LEASE SURELY WERE NEVER FMV. MILES HAS HAD A SUPER DEAL, FOR A LONG TIME. MAYBE MORE! DON'T BLAME THE LYONS FAMILY OR DAUGHTER VALERIE, B/C THIS MESS WAS NOT THEIR DOING. IF THE JUDGE GOES FOR MILES, IT IS THE LYONS' FAULT FOR HAVING SCHWEPPE AROUND. IF THE JUDGE GOES FOR THE LYONS FAMILY, THEY PROCEEDED APPROPRIATELY. THOSE WHO HEAR THE LANDLORD'S SIDE, FROM THE LANDLORD, GET THE LANDLORD'S DISTORTED VERSION OF THE "TRUTH". GREED IS NOT PRESENT EITHER WAY. BUT, IF YOU WERE THE LANDLORD AND WOKE UP TO THE MESS SCHWEPPE MADE, WOULDN'T YOU ACT ALSO? CONVERSELY, IF YOU WERE MILES AND HAD RELIED ON SCHWEPPE, WOULDN'T YOU TRY TO DEFEND A NEARLY FREE RIDE IN RENT GIFTED TO YOU EARLIER BY SCHWEPPE?

IT IS LIKEWISE EASY TO TAKE THE SIDE OF THE TENANT, MILES, WHO IS A SMALL BUSINESS MAN, AND WHO IS AN AMIABLE AND COLORFUL GUY. THE UNDERDOG! THE CHARACTER AND NOVELTY OF HIS SHOP IS ONE WE HAVE ALL ENJOYED. OF COURSE IT IS HIS OPINION THE LANDLORD IS A BULLY. SO, THOSE WHO HEAR HIS SIDE, FROM HIM, GET HIS DISTORTED VERSION OF THE "TRUTH".

WE THINK WE KNOW ALL THE FACTS, BUT WE DON'T. SOME OF US MAKE JUDGMENTS AND VOICE CONCLUSIONS BASED ON WHAT WE HAVE "HEARD" FROM THE LANDLORD, OR FROM MILES. OUR OPINIONS VARY, AND ARE POLARIZED, DEPENDING UPON OUR SOURCE OF INFORMATION! I DOUBT THOSE WHO SLAM THE LYONS FAMILY INCLUDING VALERIE HAVE EVER MET THEM. THOSE WHO SAY MILES SHOULD GET OUT PROBABLY HAVE NOT HEARD THE "FACTS" FROM MILES. WHATEVER THE COURT RESULT, IT WILL BE JUST, AND THE RIGHT ONE, IN MY OPINION.

IT IS WRONG FOR US TO JUDGE OR STATE EITHER (1) THE LANDLORD IS GREEDY, OR (2) MILES SHOULD BE PERMITTED TO STAY. WHO SAID IT EARLIER (BO OR JESSE?), THERE ARE TWO VICTIMS: LYONS AND MILES. LET THE JUDGE HAVE AN OPPORTUNITY TO STRAIGHTEN THIS OUT.

BARBARA TOO, FT. LAUDERDALE, FLORIDA.

UPDATE! OCT. 26

THE JUDGE HAS RULED. JERRY IS SCREWED. AND GOOD OLD VALERIE HAS AS OF THIS A.M.(SUNDAY) PUT UP A " FOR RENT SIGN "

I hear that sweet Valerie wants Jerry's neighbor The News Room Cafe to vacate and will be happy to rent that space for $6,500. per month. How do you spell GREED? Could Valerie be the Wicked Witch of The West? Or the WICKED BITCH OF EAST BROWARD??? Smith's Frames, you better watch out, I'll bet you are next in line. Do we see a wrecking ball in the future? And, another overpriced 12 story, half empty CONdo?

update Oct 26

THE JUDGE HAS RULED. JERRY IS SCREWED. As of today Sunday, sweet Valerie Lyons has placed a "FOR RENT" sign on top of the J.Miles off Las Olas sign. Dear sweet Valerie, your greed is showing. You climbed up on the building in the dark with your hammer and nails? In the Rain! You couldn't even wait until Monday?

LOOK, IF THE JUDGE RULED (AND JERRY IS "SCREWED") THAT MUST MEAN LYONS WON THE COURT CASE, AFTER A LONG HARD FOUGHT BATTLE. I AM SURE THE JUDGE HEARD EVERY BIT OF JERRY'S SIDE, AND MADE THE RIGHT DECISION. I FOR ONE WOULD LIKE TO SEE WHAT THE JUDGE WROTE, IF ANYONE HAS IT. LIKE I SAID BEFORE, EACH OF US HEARD FROM ONE SIDE OR THE OTHER, AND OUR MINDS WERE MADE UP, DEPENDING UPON WHICH SIDE WAS OUR SOURCE FOR THE "FACTS". BUT THE JUDGE HEARD FROM BOTH - AND MADE THE RIGHT RULING. NONE OF US HEARD BOTH SIDES, AND RULED ACCORDING TO LAWS, LIKE THE JUDGE DID. DON'T BLAME LYONS FOR NOW WANTING TO GET FAIR RENT, AFTER HAVING TO SUE, LITIGATE FOREVER, AND SPEND GOBS OF MONEY. NO GREED THERE, JUST MOVING FARTHER AWAY FROM THE PAST (SCHWEPPE AND HER TENANT BUDDIES).

BARBARA TOO.

To All of you, Shame on all of you for commentating with out knowing all the be it one side of the other. Do you really think that Norma Lyons did not know what was going on with her properties if you did you are very nieve. She had monthly updates, and all the information she would and could of ever needed. She must not have been to unhappy since all she had to do was ask for any change. She is not some feeble older person as people know who see her around town and with recent travels abroad. She had every right to give the management to her daughter but how about do it in a professional manner. After 35 years of business, playing cards, luncheons,and dinners do you not think this would be proper. A mother will always do for their child. Since Valerie could not get a job in her field then she should help take care of their business. As you can see the properties are about 70% vacant, Maybe these buildings can not hold up for higher rents. I guess Lyons Properties does not need the rental income or maybe there is a hidden agenda something none us of will ever know. Shame on J Miles Attorney for not digging deeper and fighting harder. Shame on our court system for letting Valerie's attorney waste court time, run up bills, and drag this out for this long. Shame on all of you for condemning either side without knowing.