A commercial litigation lawyer should not only be able to prepare contracts for you but also represent you at trial when a dispute arises.
Arcadier, Biggie, and Wood, PLLC represented a woman from the Villages in her contractual dispute against an RV broker.
The decision of the judge is attached below.
THIS CAUSE, having come before the Court on a non-jury trial on November 29, 2018 upon Plaintiff’s Complaint and Defendant’s Counterclaims; the Court having received the testimony of Plaintiff, Kathy Contres, Witness Elianne Sorel, reviewed the deposition of James Sadler, and having heard the arguments of counsel for Plaintiff and Defendant, reviewed the pleadings and exhibits, and upon reliance on the entire record before it.
The Court finds that the Plaintiff purchased an Alfa See Ya RV new in 2004 for $195,000. The Plaintiff and the Defendant entered into a valid written contract on February 24, 2012. Danny Massingill was an agent of the Defendant A-Plus Contract Management, Inc. and its owner Jim Sadler because Mr. Massingill was identified as a subcontractor by James Sadler and was working on behalf of A Plus Contract Management, Inc. Mr. Massingill took in RVs for the Defendant, and explained the contract to the Plaintiff.
Mr. Massingill had the ability to bind A Plus Contract Management, Inc. and Jim Sadler. Therefore Mr. Massingill’s statements are not hearsay. The Plaintiff Kathy Contres was entitled to rely on representations of Mr. Massingill. The Plaintiff properly disclosed to Mr. Massingill and Mr. Sadler the electrical issues with the Alfa See Ya.
The Alfa See Ya had suffered some type of damage from a lighting strike but was fully repaired and in good working condition when the contract was entered into. The Plaintiff used the RV along with the witness Elianne Sorel after the repairs and the unit was in good working condition. Additionally the qualified buyers also used the vehicle evidenced by adding an additional 10,000 miles to the vehicle and by accumulating toll violations.
Mr. Massingill and Mr. Sadler both had the opportunity to inspect the vehicle and ask questions during their walkthroughs with the Plaintiff. The Plaintiff had left the repair bill and warranties inside the RV when she turned it over to the Defendant, and told Mr. Massingill and Mr. Sadler about the electrical issues.
This comports with the language of the contract that the RV was in full working order. The Court finds no intentional misconduct or any misrepresentations made by the Plaintiff.
The Defendant A Plus Contract Management, Inc. initially comported with the contract but then breached the contract when it made late payments and stopped making payments. The Defendant placed two buyers into the vehicle who placed an additional 10,000 miles onto the vehicle. The Defendant failed to take full financial responsibility for the vehicle and failed to make any payment that became due or will become due after placing a buyer in the Unit.
Under the terms of the agreement if there was an issue the Defendant should have had the vehicle repaired and provided notice and repair bills to the Plaintiff. The Defendant did not avail itself to the protection under the contract and instead seized upon the electrical issue and abandoned the vehicle because he could not make the payments.
The Defendant made no demands to the Plaintiff and failed to adhere to the contract. Therefore the Defendant cannot meet its burden and the Court denies all affirmative relief requested by the Defendant in their Answer and Affirmative Defenses and Counterclaims.
The Defendant failed to notify the Plaintiff that it had abandoned the RV and the Plaintiff received notice from the storage lot owner. The photos revealed significant damage to the vehicle associated with the abandonment of the vehicle for which the Defendant is responsible.
The cost of repairs to the vehicle is $8,207.89.
In addition the Defendant is responsible for the payoff of the loan, ($133,000.00) minus the 19 payments made by the Defendant, ($24,397.70) and the sale price obtained by the Plaintiff, ($30,000), when she was mitigating her damages.
The Court finds the compensable damages in this matter to be $86,810.19
Accordingly, it is
ORDERED AND ADJUDGED:
- The Court finds for the Plaintiff Kathy Contres, and against the Defendant A Plus Contract Management, Inc. 6160 SW Hwy 200 #110 Ocala, Florida 34476.
- Plaintiff, Kathy Contres, shall have and recover from Defendant, A Plus Contract Management, Inc. the sum of $86,810.19, together with post judgment interest on this total sum at the legal rate pursuant to 55.03, Florida Statutes, FOR WHICH LET EXECUTION NOW ISSUE.
- Execution shall issue upon petition to the Clerk for any amounts due herein.
- Each Defendant shall complete Form 1.977 of the Florida Rules of Civil Procedure (Fact Information Sheet) and return the same to Plaintiffs’ attorney within 45 days from the date of this Judgment, unless the Judgment is satisfied.
- Jurisdiction of this action is retained to enter further orders as are proper including, without limitation, orders to enforce this Judgment, collect the Judgement amounts, or orders for attorneys’ fees and costs, as may be applicable.
DONE AND ORDERED in Chambers at Viera, Brevard County, Florida, this 18yj day of December, 2018.
Honorable Charles Roberts