Tears poured down her face, her voice shaking with a mix of shame and fear. Marcy Miller used social media to make a plea for help as she faced a criminal trial this week.
Miller, along with her now ex-wife, Josie Smith Malave, are the owners of Bubbles & Pearls, a restaurant on Wilton Drive that shuttered last year. Both are facing state felony charges for collecting but not remitting sales tax for nearly three years. They were charged in July.
“Some things got missed,” she said. “And since I’m half owner, I’m 100% (hopefully 50%) in charge and responsible, regardless that my responsibilities were one thing.”
The state says they owe $91,496.41 in unpaid sales tax from the restaurant. Their SunBiz registration shows Smith Malave filed a “voluntary dissolution” of the business in October, listing the reason as “Extreme financial hardship. Unable to sustain after the pandemic.”
Many were surprised when Bubbles & Pearls shuttered last year. The restaurant was closed and undergoing extensive renovations and Smith Malave, a reality TV veteran, said her restaurant would come back better than ever.
Then, suddenly, she announced the end of her involvement. The storefront remains empty, with paper blocking out the windows but hints of the abandoned demolition remain.
While it’s been widely assumed that, like so many businesses that fail, they owed creditors, the criminal cases caught many by surprise.
Smith Malave told The Gazette, “Everyone has storms and challenges in their lives and the only way out is through. I can weather the storm with a smile on my face or tears in my eyes. I’ve cried enough tears. Now I tap into a frequency of JOY and put my trust and my faith in God.”
Smith Malave and Miller just finished another legal battle last week when their divorce was finalized.
In her video, Miller was begging for help to cover the roughly $50,000 she owes.
“I didn’t think we would have to go to jail. I thought we could come up with a payment plan. Either way, [the state] wants their money.”
Miller later told The Gazette, “I know I did everything I could to keep the dream alive. No journey is without its challenges. We did our best to give back to our community when we could and sometimes, it takes courage to ask for support. No one can help you if they don’t know you are struggling.”
In a court filing, Miller’s lawyer said, “The parties are continuing to work on an agreement to resolve the case primarily related to the restitution due to the Department of Revenue.”
Both Miller and Smith Malave are set to be in court June 26.
