IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
MARK G. WARR,
V. CASE NO.: 05-2004-CA-029701
MARONDA HOMES, INC. OF FLORIDA,
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, MARK G. WARR, by and through his undersigned counsel, sues Defendant, MARONDA HOMES, INC. OF FLORIDA, and alleges as follows:
1. This is an action for damages that exceed $15,000.00, exclusive of costs, interest, and attorney’s fees.
2. The unlawful employment practices alleged below were committed within Brevard County, Florida.
3. Plaintiff, MARK G. WARR, is a resident of Brevard County, Florida.
4. Defendant, MARONDA HOMES, INC. OF FLORIDA is a Florida corporation, doing business in Brevard County, Florida.
5. Plaintiff, MARK G. WARR, was employed by Defendant, MARONDA HOMES, INC. OF FLORIDA as a Construction Superintendent.
6. Plaintiff was terminated from employment with Defendant on June 16, 2002.
7. Plaintiff’s wages compensation package with Defendant included a salary and a bonus, to be paid based upon his work efforts as an employee of Defendant.
8. Attached as Exhibit “A” is a Memo dated May 10, 2002 which sets out a bonus for the year 2001 in the amount of Thirty-three Thousand Four Hundred Sixty-five ($33,465.00) earned by Plaintiff as a result of performing his employment duties for Defendant.
9. After making the initial quarterly bonus payment to Plaintiff in the amount of Eight Thousand Three Hundred Sixty-six dollars ($8,366.00) Defendant failed and refused to pay the remaining bonus to which Plaintiff is entitled in the amount of Twenty – Five Thousand Ninety Nine dollars ($25,099.00).
10. Plaintiff has complied with all conditions precedent prior to bringing this action.
11. Plaintiff has retained the undersigned attorneys and agreed to pay them a reasonable fee.
12. Plaintiff incorporates and realleges paragraphs 1 through 11 of this Complaint as if set forth in full herein.
13. This is an action brought pursuant to Section 448.08, Florida Statutes, for unpaid wages.
14. Defendant has failed to pay Plaintiff the remaining bonus earned by Plaintiff as part of his wages in working for Defendant, as more fully set forth above in this Complaint, in the amount of Twenty – Five Thousand Ninety Nine dollars ($25,099.00).
WHEREFORE, Plaintiff demands Judgment against Defendant for his unpaid wages, together with interest and reasonable attorney’s fees and costs.
15. Plaintiff incorporates and realleges paragraphs 1 through 11 of this Complaint as if set forth in full herein.
16. This is an action for breach of contract.
17. Defendant entered into a contract with Plaintiff, as evidenced by Exhibit “A” attached hereto, to pay Plaintiff a bonus for the year 2001 based upon Plaintiff’s performance.
18. Plaintiff fully performed under the contract with Defendant and Defendant has failed and refused to pay Plaintiff his remaining unpaid bonus in the amount of Twenty-Five Thousand Ninety Nine dollars ($25,099.00) to which Plaintiff is entitled under the contract between the parties.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest and the costs of this action.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury.
DATED this _____day of June, 2004.
ALLEN & TRENT, P.A.
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
Daniel A. Perez, Esquire
Florida Bar No. 426903
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Date Filed: 06/15/2004
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.