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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
REGENT HOLDING CORPORATION, CASEHO 999 £4-0-0.23-9-5 XXKKMB
Plaintiff,
vs.
0 MICHAEL EARL MILLER,
Defendant.
/ ee
COMPLAINT
Laully G2 RU BL
ae > ; :
Plaintiff, REGENT HOLDING CORPORATION (hereinafter “Regent”), byrand through its
undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby sues the Defendant,
MICHAEL EARL MILLER (hereinafter “Miller”) and states:
1.
This in a breach of contract action for damages exceeding $15,000.00, exclusive of
interest, costs, and attorney’s fees.
2. Plaintiff is a Florida corporation doing business in Palm Beach County, Florida, and is the
owner of the real property located at the following address in Palm Beach County, Florida:
902 Clint Moore Road, Suite 218
Boca Raton, FL 33487
(hereinafter the “Premises”).
3. At all times material hereto, Defendant, Miller was an individual doing business in Palm
County, Florida.
4.
Beach County, Florida who is otherwise sui juris. Upon information and belief, Miller resides in Broward
Venue is proper in Palm Beach County, Florida pursuant to §47.051, Fla. Stat. (2007),
based on the fact that the causes of action accrued in Palm Beach County, Florida, and the real property
which is the subject of this suit is located in Palm Beach County, Florida.
5.
On or about April 8, 2007, Regent, as owner, entered into that certain contract with Miller,
as contractor, for the installation of hurricane shutters on the Premises (hereinafter the “Contract”). A
copy of the Contract is attached hereto and made a part hereof as Exhibit “A”.REGENT HOLDING CORPORATION v. MICHAEL EARL MILLER.
Case No.:
Page 2 of 3
6. The Contract is valid and binding.
7. Pursuant to the Contract, Regent advanced Miller a total of $19,841.25, comprised of an
initial deposit in the amount of $13,227.50 and a second deposit in the amount of $6,613.75.
8. Defendant, Miller has breached the Contract by failing to install the hurricane shutters on
the Premises as required under the Contract.
9. Defendant’s failure to install the hurricane shutters on the Premises as required under the
Contract alleged in paragraph 8 above constitutes a material breach and default of its obligations under the
Lease.
10. Defendant, Miller has also breached the Contract by failing to timely install the hurricane
shutters on the Premises as required under the Contract within thirty (30) days after permitting.
11. Defendant’s failure to timely install the hurricane shutters on the Premises as required
under the Contract within thirty (30) days after permitting alleged in paragraph 10 above constitutes a
material breach and default of its obligations under the Lease.
12. In addition, Defendant is wrongfully retaining possession of Plaintiff's $19,841.25, despite
its breach of the Contract.
13. Miller’s acts and omissions listed above constitute material breaches of the Contract.
14. As a result and proximate cause of Miller’s material breaches of the Contract, Plaintiff has
suffered damages.
15. Plaintiff has complied with all conditions precedent to filing this action, such conditions
have occurred, or have been waived.
16. Plaintiff has retained the undersigned attorneys to prosecute this action on its behalf and
has agreed to pay reasonable attorneys’ fees and costs.
WHEREFORE, Plaintiff demands judgment against Defendant, Miller for damages in excess of
Fifteen Thousand Dollars ($15,000.00), interest, costs, and such other and further relief as this Court
deems just and proper under the circumstances.REGENT HOLDING CORPORATION v. MICHAEL EARL MILLER.
Case No.:
Page 3 of 3
+H
DATED this ZF day of January, 2008.
RICHARD B. WARREN, P.A.
Attorneys for Plaintiff
1555 Palm Beach Lakes Boulevard, Suite 1006
West Palm Beach, FL 33401
Telephone: (561) 681-9494
Facsimile: (561) 681-9436
E-Mail: Michael@RB Warrenlaw.com
By: -
MICHAEL L. GRANT, ESQ.
Fla. Bar No: 0799661fpr 12 07 08:40a HURR) ANETIME 954467 53 p-3
HURRICANE PROTECTION ait
954-673-5873 1545 SE 20 Ave.
CONTRACT Ft. Lauderdale, FL 33312
Date: § APR: / 07
Job Address:
9QO2R Chr Moore, #219
ALL OF THE FOLLOWING WORK AND MATERIALS ARE
MIAMI / DADE COUNTY APPROVED
», Lh Is, all APPROXIMATE rhe , 430. sg Ff of BRONZ= ACCOR DioW
THurreec AT All Class ~winnows Awe Class peper witk 8 fkeor
Q)ALL TRACKS Avo Sper so pe crc4am it cooler co Wear a bmacH
Builowe color.
3 Ald clerk completot within 30 pays after Pea mitten
Price Lote luocs all t€rs Riemite material) Lagor
BWO APY OveR Rus
‘Total Amount $§ 26, YS~F °L
Deposit y $/3,227. TO
RoHEen AM matens
AVE Peaemetr on 6,613,795
JOB Sire
=E EEE E EEE SESE SESE Sea Balance $ EEL TS So
Approved by: Pee Date: © ; (Due on Ce Completion)
i Q4pnt tle Zz : “FE ussaz Aeeou al
install Date: 7
EXHIBIT A
sgh
All Payments Payable to: Michael Miller_ ‘Apr 12 07 08:40a HURR -ANETIME 95446". .53 p.2
HURRICANE PROTECTION Her erie
954-673-5873 1545 SE 20 Ave.
Ft. Lauderdale, FL 33312
APRIL 8, 2007
THE FOLLOWING IS A DESCRIPITION OF THE WORK CONTRACTED AT
902 CLINT MOORE # 218 BOCA RATON, FLORIDA.
1). CONTRACT ENGINEERING FIRM TO MAKE ALL DRAWINGS TO
ALLOW PERMITTING.
2). PURCHASE PERMITS FOR CONCRETE WORK AND INSTALLATION OF
ACCORDION SHUTTERS.
3). AFTER PERMITS ARE ON JOB SITE. FORM OUT AREAS FOR FOOTERS
AND LAY CONCRETE AFTER INSPECTION APPROVAL.
4). INSTALL ACCORDIONS AT ALL GLASS WINDOWS AND GLASS DOORS
BRONZE IN COLOR USING CREAM COLOR TRACKS AND SIDES TO
MATCH COLOR OF BUILDING. ALL HAVE KEY LOCKS
5). CALL FOR INSPECTION. JOB COMPLETE ONLY AFTER FINAL
INSPECTION IS APPROVED.
iichael MillerPage: 1
PALM BEACH CTY CIR CT JISPROD
Receipt Number: — CAMB193722
Date: 28-JAN-2008
cashier KBUTLER
Payor: RICHARD B WARREN
Addr:
Violation/Docket Description Amount,
2008CA002395 - REGENT HOLDING V MICHAEL MILLER
REGENT HOLDING CORPORATION
256.00
CHECK RECEIVED GENERAL ACCT -256.00
Total Fees: 256.00
Total Payment : 256.00
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA REGENT HOLDING CORPORATION, CASEHO 999 £4-0-0.23-9-5 XXKKMB Plaintiff, vs. 0 MICHAEL EARL MILLER, Defendant. / ee COMPLAINT Laully G2 RU BL ae > ; : Plaintiff, REGENT HOLDING CORPORATION (hereinafter “Regent”), byrand through its undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby sues the Defendant, MICHAEL EARL MILLER (hereinafter “Miller”) and states: 1. This in a breach of contract action for damages exceeding $15,000.00, exclusive of interest, costs, and attorney’s fees. 2. Plaintiff is a Florida corporation doing business in Palm Beach County, Florida, and is the owner of the real property located at the following address in Palm Beach County, Florida: 902 Clint Moore Road, Suite 218 Boca Raton, FL 33487 (hereinafter the “Premises”). 3. At all times material hereto, Defendant, Miller was an individual doing business in Palm County, Florida. 4. Beach County, Florida who is otherwise sui juris. Upon information and belief, Miller resides in Broward Venue is proper in Palm Beach County, Florida pursuant to §47.051, Fla. Stat. (2007), based on the fact that the causes of action accrued in Palm Beach County, Florida, and the real property which is the subject of this suit is located in Palm Beach County, Florida. 5. On or about April 8, 2007, Regent, as owner, entered into that certain contract with Miller, as contractor, for the installation of hurricane shutters on the Premises (hereinafter the “Contract”). A copy of the Contract is attached hereto and made a part hereof as Exhibit “A”.REGENT HOLDING CORPORATION v. MICHAEL EARL MILLER. Case No.: Page 2 of 3 6. The Contract is valid and binding. 7. Pursuant to the Contract, Regent advanced Miller a total of $19,841.25, comprised of an initial deposit in the amount of $13,227.50 and a second deposit in the amount of $6,613.75. 8. Defendant, Miller has breached the Contract by failing to install the hurricane shutters on the Premises as required under the Contract. 9. Defendant’s failure to install the hurricane shutters on the Premises as required under the Contract alleged in paragraph 8 above constitutes a material breach and default of its obligations under the Lease. 10. Defendant, Miller has also breached the Contract by failing to timely install the hurricane shutters on the Premises as required under the Contract within thirty (30) days after permitting. 11. Defendant’s failure to timely install the hurricane shutters on the Premises as required under the Contract within thirty (30) days after permitting alleged in paragraph 10 above constitutes a material breach and default of its obligations under the Lease. 12. In addition, Defendant is wrongfully retaining possession of Plaintiff's $19,841.25, despite its breach of the Contract. 13. Miller’s acts and omissions listed above constitute material breaches of the Contract. 14. As a result and proximate cause of Miller’s material breaches of the Contract, Plaintiff has suffered damages. 15. Plaintiff has complied with all conditions precedent to filing this action, such conditions have occurred, or have been waived. 16. Plaintiff has retained the undersigned attorneys to prosecute this action on its behalf and has agreed to pay reasonable attorneys’ fees and costs. WHEREFORE, Plaintiff demands judgment against Defendant, Miller for damages in excess of Fifteen Thousand Dollars ($15,000.00), interest, costs, and such other and further relief as this Court deems just and proper under the circumstances.REGENT HOLDING CORPORATION v. MICHAEL EARL MILLER. Case No.: Page 3 of 3 +H DATED this ZF day of January, 2008. RICHARD B. WARREN, P.A. Attorneys for Plaintiff 1555 Palm Beach Lakes Boulevard, Suite 1006 West Palm Beach, FL 33401 Telephone: (561) 681-9494 Facsimile: (561) 681-9436 E-Mail: Michael@RB Warrenlaw.com By: - MICHAEL L. GRANT, ESQ. Fla. Bar No: 0799661fpr 12 07 08:40a HURR) ANETIME 954467 53 p-3 HURRICANE PROTECTION ait 954-673-5873 1545 SE 20 Ave. CONTRACT Ft. Lauderdale, FL 33312 Date: § APR: / 07 Job Address: 9QO2R Chr Moore, #219 ALL OF THE FOLLOWING WORK AND MATERIALS ARE MIAMI / DADE COUNTY APPROVED », Lh Is, all APPROXIMATE rhe , 430. sg Ff of BRONZ= ACCOR DioW THurreec AT All Class ~winnows Awe Class peper witk 8 fkeor Q)ALL TRACKS Avo Sper so pe crc4am it cooler co Wear a bmacH Builowe color. 3 Ald clerk completot within 30 pays after Pea mitten Price Lote luocs all t€rs Riemite material) Lagor BWO APY OveR Rus ‘Total Amount $§ 26, YS~F °L Deposit y $/3,227. TO RoHEen AM matens AVE Peaemetr on 6,613,795 JOB Sire =E EEE E EEE SESE SESE Sea Balance $ EEL TS So Approved by: Pee Date: © ; (Due on Ce Completion) i Q4pnt tle Zz : “FE ussaz Aeeou al install Date: 7 EXHIBIT A sgh All Payments Payable to: Michael Miller_ ‘Apr 12 07 08:40a HURR -ANETIME 95446". .53 p.2 HURRICANE PROTECTION Her erie 954-673-5873 1545 SE 20 Ave. Ft. Lauderdale, FL 33312 APRIL 8, 2007 THE FOLLOWING IS A DESCRIPITION OF THE WORK CONTRACTED AT 902 CLINT MOORE # 218 BOCA RATON, FLORIDA. 1). CONTRACT ENGINEERING FIRM TO MAKE ALL DRAWINGS TO ALLOW PERMITTING. 2). PURCHASE PERMITS FOR CONCRETE WORK AND INSTALLATION OF ACCORDION SHUTTERS. 3). AFTER PERMITS ARE ON JOB SITE. FORM OUT AREAS FOR FOOTERS AND LAY CONCRETE AFTER INSPECTION APPROVAL. 4). INSTALL ACCORDIONS AT ALL GLASS WINDOWS AND GLASS DOORS BRONZE IN COLOR USING CREAM COLOR TRACKS AND SIDES TO MATCH COLOR OF BUILDING. ALL HAVE KEY LOCKS 5). CALL FOR INSPECTION. JOB COMPLETE ONLY AFTER FINAL INSPECTION IS APPROVED. iichael MillerPage: 1 PALM BEACH CTY CIR CT JISPROD Receipt Number: — CAMB193722 Date: 28-JAN-2008 cashier KBUTLER Payor: RICHARD B WARREN Addr: Violation/Docket Description Amount, 2008CA002395 - REGENT HOLDING V MICHAEL MILLER REGENT HOLDING CORPORATION 256.00 CHECK RECEIVED GENERAL ACCT -256.00 Total Fees: 256.00 Total Payment : 256.00