Answer and Affirmative Defenses

THE COUNTY COURT, EIGHTH

JUDICIAL CIRCUIT, IN AND FOR

ALACHUA COUNTY, FLORIDA

 

CASE NO:  01 2007 SC 005078

REDACTED F. REDACTED, :

:

Plaintiff, :

:

v. :

:

REDACTED (REDACTED) :

LLC DBA REDACTED and :

REDACTED :

:

:

Defendants. :

:

 

DEFENDANT, REDACTED, ANSWER AND AFFIRMATIVE DEFENSES TO THE COMPLAINT AND COUNTERCLAIM FOR FEES

 

The Defendant, Redacted (Redacted) LLC d/b/a Redacted responds to the

 

Plaintiff’s Complaint as follows:

ANSWER

 

            Defendant admits that it is doing business in Alachua County and that venue is

 

appropriate.  All other allegations of the Complaint are denied.

WHEREFORE, Defendant requests an award of attorneys’ fees and costs for having to

 

defend this action.

 

 

AFFIRMATIVE DEFENSES

 

1.  Plaintiff did not mitigate her damages.

2.  Plaintiff failed to follow rules promulgated by Redacted for parking her car and failed to have a valid decal.

 

3.  Plaintiff did not at all times display a valid decal, in violation of her lease and exhibits thereto.

4.  Plaintiff agreed via Exhibit A to her lease that Redacted “can regulate the time, manner and place of parking cars, trucks, motorcycles, bicycles, boats, trailers and recreational vehicles.”  Plaintiff also agreed that Redacted “can remove illegally parked vehicles or vehicles violating these regulations and have them towed away.”

5.  Plaintiff assumed the risk of her car being towed by not have the proper decal and/or is comparatively negligent for the incident.

6. Pursuant to the lease, for example as set forth in the Exhibit A, the Plaintiff agreed that Redacted will assume no liability or responsibility for loss or damage of a vehicle or its contents while parked or in operation of the premises. Therefore, Plaintiff has waived her right to complain and/or has released Redacted for liability regarding the same.

7.  Even assuming a breach of contract on the part of the Defendant (an allegation vehemently denied), Plaintiff first breached the contract between the Plaintiff and Redacted.

8. Plaintiff failed to comply with statutory notice and prerequisites of the Civil Theft Statute.

9. Plaintiff’s claims for punitive damages are improper and should be struck.  Plaintiff has not obtained authority from the Court to plead punitive damages. To this extent, the Defendant moves to strike the Plaintiff’s claimed entitlement thereto.

10. Defendant is entitled to an award of attorneys’ fees and costs for having to defend this action.

11.  Defendant is entitled to an award of attorneys’ fees because Plaintiff’s claims are in whole or in part frivolous pursuant to Fla. Stat. Sec. 57.105 or the Court’s inherent authority.

 

COUNTERCLAIM

 

1. This is an action for attorneys’ fees pursuant to Florida’s Civil Theft Statute or other statues and/or via entitlement by contract.

2. Pursuant to Florida Statute Section 812.035 and related statutes and/or pursuant to the contract between the parties, Defendant is entitled to an award of attorneys’ fees for having to defend the above referenced action.

WHEREFORE, Defendant is entitled to an award of attorneys’ fees and costs for having to

 

defend this action.

 

 

 

___________________________

Michael Massey

Fla. Bar No. 153680

Massey & Duffy, PLLC.

527 E. Univ. Ave.

Gainesville, FL 32601

(352) 374-0877