Ocala Lawsuit Filed

15 Jun 2014

Ocala Lawsuit Filed

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Our law firm files complaints in Ocala, Florida. For example, the following unjust enrichment lawsuit was filed by our attorneys serving Ocala:

COMPLAINT

Plaintiff sues Defendant as alleges as follows:

1. This is an action for damages of more than $5,000.00 but less than $15,000.00, exclusive of attorneys’ fees and costs. 

2. Defendant is a company with its main office in Ocala, FL. 

3. Venue is proper in this Court. 

4. This Court has jurisdiction to hear this matter. 

5. Plaintiff was hired to perform services including storm damage removal by Defendant.  Plaintiff fully performed these services. 

6. In exchange for performing these services, Defendant agreed to pay Plaintiff the amounts indicated on the attached Exhibits A and B.

7. Defendant has failed to pay Plaintiff the amounts indicated on the attached Exhibits A and B and currently owes these amounts to Plaintiff, thus damaging Plaintiff. 

COUNT I – UNJUST ENRICHMENT 

8. Plaintiff reallages counts 1 – 7 above.

9. Defendant has been unjustly enriched by the Plaintiff’s performance of services without payment therefore. 

10. Plaintiff conferred a benefit on Defendant, and Defendant has knowledge of that benefit.  

11. The Defendant has accepted and retained the conferred benefit. 

12. Under the circumstances, it would be inequitable for the Defendant to retain the benefit of Plaintiff’s services without paying for it. 

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper. 

COUNT II – BREACH OF ORAL CONTRACT

13. Plaintiff reallages counts 1 – 7 above.

14. Plaintiff and Defendant orally agreed to the payment for the services previously mentioned, on the terms identified in the attached Exhibits A and B. 

15. Defendant has failed to pay the Plaintiff according to the terms agreed for Plaintiff’s services. 

16. Plaintiff has been damaged by the Defendant’s breach of their oral agreement.  

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper.

COUNT III – ACCOUNT STATED

17. Plaintiff reallages counts 1 – 7 above. 

18. Plaintiff provided to Defendant the invoice statements attached hereto as Exhibit C.

19. Defendant did not object to these invoices.  

20. Before the institution of this action, Plaintiff and Defendant had business transactions between them and they agreed to the payment of the amounts indicated in the attached Exhibits A, B and C. 

WHEREFORE, Plaintiff demands judgment for damages, past and future interest, expert fees, costs, and all other relief the Court deems necessary and proper.

Dated on February 25, 2014.     

/s/ Michael Massey

Fla. Bar. No. 153680

Designated email:  Massey@352law.com

Massey & Duffy, L.L.C.

855 E. Univ. Ave.

Gainesville, FL 32601

(352) 505-8900

 Attorney for Plaintiff

 

Summary
Ocala Lawsuit
Article Name
Ocala Lawsuit
Description
Lawsuit filed in Ocala, FL.
Author
About the Author:

Michael Massey, Esq. is a lawyer focusing on personal injury, wrongful death, divorce, employment, labor, divorce, and civil litigation.