Larry Patton – Breach of Oral Contract.

Larry Patton – Breach of Oral Contract.

Oral contractSARAH K. PATTON,

Plaintiff,
vs.

LARRY B. PATTON,

Defendant.
__________________________________/
IN THE COUNTY COURT FOR
BREVARD COUNTY, FLORIDA

Case No.:

COMPLAINT FOR EVICTION
(Summary Procedure Pursuant to Fla. Stat. 51.011)
Plaintiff, SARAH K. PATTON, sues defendant, LARRY B. PATTON Jernigan, and alleges as follows:
1. This Court has jurisdiction over this matter in that it is an action for the removal of a tenant from real property located in Brevard County, Florida.
2. Venue is proper in Brevard County in that the Defendant(s) are located in Brevard County, and the lease at issue between the parties governs a tenancy in Brevard County, Florida.
3. Plaintiff is entitled to resolve this claim through the Summary Procedure outlined in Fla. Stat. 51.011 pursuant to Fla. Stat. 83.59.
4. Plaintiff owns the following described real property in that county: 219 Micanopy Court, Indian Harbour Beach, Florida, 32937.
5. Defendant has possession of the property under an oral agreement to pay rent of $981.52, payable monthly.
6. Defendant failed to:
a. Vacate the premises on November 30, 2007 after having received a Notice of Termination on October 31, 2007.
b. Defendant has remained in the premises since November 30, 2007 and has failed to pay any rent.
7. Plaintiff served Defendant with a written notice on October 31, 2007, stating that Plaintiff intended to terminate the rental agreement on November 30, 2007. A copy of the Notice of Termination is attached as Exhibit “A.”
8. Defendant has failed to vacate the premises on November 30, 2007 and is still in possession of the subject property.
9. The Defendant refuses to vacate the premises in accord with the Lease and is an unlawful holdover tenant. Accordingly, Plaintiff is entitled to immediate possession of the premises together with payment of double past due rent pursuant to F.S. 83.58.
10. All conditions precedent to the maintenance of this action have occurred, been performed or have been excused.
WHEREFORE, Plaintiff demands judgment for possession of the property, payment of double past due rent pursuant to F.S. 83.58 and the award of attorney’s fees and costs against the Defendant(s), together with such other and further relief as this Court deems just and proper.
Dated: January ____, 2008
Allen & Arcadier, PA

By:
Gina Silvestri, Esq.
State Bar No. 0037844
Attorney for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, FL 32935
Tel: (321) 254 7550
Fax: (321) 242 1681

Attorney: Arcadier and Associates, PA
Status: Closed
Date Filed: 01/02/2008

Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.