On November 30, 2022 a
Answer
was filed
involving a dispute between
Jerome Bonnett,
and
Jax Pro Construction, Inc.,
in the District Court of Duval County.
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Filing # 164115143 E-Filed 01/05/2023 09:01:15 AM
IN THE CIRCUIT COURT, OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
CASE NO.: 2022-CA-006853
DIVISION: CV-B
JEROME BONNETT, an individual,
Plaintiff/Counter-Defendant
Vv.
JAX PRO CONSTRUCTION, INC., a
Florida Corporation,
Defendant/Counter-Plaintiff
/
PLAINTIFE’S ANSWER AND AFFIRMATIVE DEFENSES
TO DEFENDANT’S COUNTERCLAIM
Plaintiff, JEROME BONNETT, through the undersigned attorney and pursuant to
Fla.R.Civ.P. 1.110 and 1.100, does hereby file its Answer and Affirmative Defenses to Defendant
JAX PRO CONSTRUCTION, INC’S Counterclaim in the above styled case.
ANSWER
Admit for jurisdictional purposes only.
Without knowledge therefore Deny.
Admit.
Admit.
Without knowledge therefore Deny.
Admit for jurisdictional purposes only.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/05/2023 01:47:46 PM
COUNT I- BREACH OF CONTRACT
7
Plaintiff realleges it answers contained in paragraphs 1-6 above.
Admit.
Deny.
10 Deny.
11 Deny.
12 Deny.
13. Deny.
14 Deny.
15 Deny.
AFFIRMATIVE DEFENSES
Plaintiff asserts the following defenses and affirmative defenses. Accordingly,
FIRST AFFIRMATIVE DEFENSE
The contract work by Defendant was not completed prior to termination for material
breach of contract by Defendant and therefore, plaintiff is entitled to the benefit of the contract.
SECOND AFFIRMATIVE DEFENSE
The contract work by Defendant was not completed prior to termination for material
breach of contract by Defendant and therefore, per §558.003 Fla. Stat., Defendant is not entitled
to a § 558 site inspection or service of the § 558 notice.
THIRD AFFIRMATIVE DEFENSE
Plaintiff issued a proper § 558.004 Fla Stat. notice to Defendant and Defendant’s counsel
on October 10, 2018, and in response to the notice, a § 558 site meeting was held at the job site
on November 7, 2018, attended by Defendant, Defendant’s attorney, and Defendant’s expert
witness.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been filed on the
State of Florida’s E-Filing Portal on January 5, 2023, causing a true and correct copy to be
served to all counsel of record:
Alan D. Henderson, Esq.
Henderson Law, P.A.
230 Canal Blvd., Ste 3
Ponte Vedra Beach, FL 32082
ahenderson@hendersonlawjax.net
Willis - Lucas Law Group, P.A.,
/s/ David H. Willis
David H. Willis / Fla. Bar No.: 48820
E-mail: david@willislucaslaw.com
Jonathan B.B. Lucas / Fla. Bar No.: 89823
E-mail: jonathan@willislucaslaw.com
Willis - Lucas Law Group, P.A.
320 First Street N., Suite 613
Jacksonville Beach, FL 32250
Pleadings to: service@willislucaslaw.com
(904) 270-8707 (Office)
Attorneys for Plaintiff
Document Filed Date
January 05, 2023
Case Filing Date
November 30, 2022
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Filing # 164115143 E-Filed 01/05/2023 09:01:15 AM IN THE CIRCUIT COURT, OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 2022-CA-006853 DIVISION: CV-B JEROME BONNETT, an individual, Plaintiff/Counter-Defendant Vv. JAX PRO CONSTRUCTION, INC., a Florida Corporation, Defendant/Counter-Plaintiff / PLAINTIFE’S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT’S COUNTERCLAIM Plaintiff, JEROME BONNETT, through the undersigned attorney and pursuant to Fla.R.Civ.P. 1.110 and 1.100, does hereby file its Answer and Affirmative Defenses to Defendant JAX PRO CONSTRUCTION, INC’S Counterclaim in the above styled case. ANSWER Admit for jurisdictional purposes only. Without knowledge therefore Deny. Admit. Admit. Without knowledge therefore Deny. Admit for jurisdictional purposes only. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/05/2023 01:47:46 PM COUNT I- BREACH OF CONTRACT 7 Plaintiff realleges it answers contained in paragraphs 1-6 above. Admit. Deny. 10 Deny. 11 Deny. 12 Deny. 13. Deny. 14 Deny. 15 Deny. AFFIRMATIVE DEFENSES Plaintiff asserts the following defenses and affirmative defenses. Accordingly, FIRST AFFIRMATIVE DEFENSE The contract work by Defendant was not completed prior to termination for material breach of contract by Defendant and therefore, plaintiff is entitled to the benefit of the contract. SECOND AFFIRMATIVE DEFENSE The contract work by Defendant was not completed prior to termination for material breach of contract by Defendant and therefore, per §558.003 Fla. Stat., Defendant is not entitled to a § 558 site inspection or service of the § 558 notice. THIRD AFFIRMATIVE DEFENSE Plaintiff issued a proper § 558.004 Fla Stat. notice to Defendant and Defendant’s counsel on October 10, 2018, and in response to the notice, a § 558 site meeting was held at the job site on November 7, 2018, attended by Defendant, Defendant’s attorney, and Defendant’s expert witness. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been filed on the State of Florida’s E-Filing Portal on January 5, 2023, causing a true and correct copy to be served to all counsel of record: Alan D. Henderson, Esq. Henderson Law, P.A. 230 Canal Blvd., Ste 3 Ponte Vedra Beach, FL 32082 ahenderson@hendersonlawjax.net Willis - Lucas Law Group, P.A., /s/ David H. Willis David H. Willis / Fla. Bar No.: 48820 E-mail: david@willislucaslaw.com Jonathan B.B. Lucas / Fla. Bar No.: 89823 E-mail: jonathan@willislucaslaw.com Willis - Lucas Law Group, P.A. 320 First Street N., Suite 613 Jacksonville Beach, FL 32250 Pleadings to: service@willislucaslaw.com (904) 270-8707 (Office) Attorneys for Plaintiff