Answer: TREASURE ISLAND CAFE, LLC vs FORD, TROY A et al

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                                Filing # 85155505 E-Filed 02/19/2019 02:21:23 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA

TREASURE ISLAND CAFE, LLC,
Plaintiff/Counter-Defendant,
v. CASE NO.: 18-CC-0702
SKYLARK-SCHIPPERS, LLC,
Defendant/Counter-Plaintiff.
and
SKYLARK-SCHIPPERS, LLC,
Third-Party Plaintiff,
v.
TROY A. FORD,

Third-Party Defendant.

TROY A. FORD’S ANSWER AND AFFIRMATIVE DEFENSES TO COUNTERCLAIMS
AND THIRD-PARTY COMPLAINT FILED BY SKYLARK-SCHIPPERS, LLC

 

COMES NOW, Third-Party Defendant, TROY A. FORD, by and through undersigned
counsel, files this, its Answer and Affirmative Defenses to the Combined Counterclaims and
Third-Party Complaint filed by Defendant/Counter-Plaintiff, SkYLARK-SCHIPPERS, LLC, and
states:

1. Without knowledge, therefore denied.

2. Without knowledge, therefore denied.

3. Admitted.

Electronically Filed Marion Case # 18CC000702AX 02/19/2019 02:21:23 PM4. Denied.

5. Denied.

6. Denied.

7. Admitted.

8. Admitted.

9. Denied.

COUNT I- BREACH OF CONTRACT

10. Same answers as above.

11. Without knowledge, therefore denied.

12. Admitted.

13. Denied.

14, Denied.

15. Denied.

WHEREFORE, Third-Party Defendant respectfully demands judgment in its favor on all
claims in Count I and against Defendant, Sk YLARK-SCHIPPERS, LLC, for costs and reasonable
attorneys’ fees and any other further relief this Court deems just and proper.

COUNT II - ACTION ON INDIVIDUAL GUARANTY AGAINST TROY A. FORD

16. Same answers as above.

17. Without knowledge, therefore denied.

18. Admitted.

19. To the extent to this allegation, it is advanced conclusion of law and therefore no

response is required. To the extent the response is required, denied.WHEREFORE, Third-Party Defendant respectfully demands judgment in its favor on all
claims in Count I and against Defendant, Sk YLARK-SCHIPPERS, LLC, for costs and reasonable
attorneys’ fees and any other further relief this Court deems just and proper.

AFFIRMATIVE DEFENSES

1. As its First Affirmative Defense, Third-Party Defendant would affirmatively aver that
Count I fails to state a cause of action.

2. As its Second Affirmative Defense to Count I, Third-Party Defendant would
affirmatively aver that Defendant/Counter-Plaintiff waived its right to receive written
notice.

3. As its First Affirmative Defense, Third-Party Defendant would affirmatively aver that
Count II fails to state a cause of action.

4. Third-Party Defendant reserves the right to amend the Affirmative Defenses upon or
in the course of discovery.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the forgoing has been furnished via

e-service to Edwin A. Green, III, Esquire, at tgreen@bmaklaw.com on February_19" __, 2019.

LEE LAW GROUP, PLLC

By: /s/ Haksoo Stephen Lee
Haksoo Stephen Lee, Esq.
Florida Bar Number: 88698
3804 w. North B Street,
Tampa, Florida 33609
Telephone: (813) 606-4533
Facsimile: (813) 606-4500
hice@firights.com
Attorney for Plaintiff/Counter-Defendant