On September 23, 2019 a
Motion-Secondary
was filed
involving a dispute between
Albernas, Maria,
and
Vazquez, Alejo L,
for CONTRACTS AND INDEBTEDNESS
in the District Court of Hendry County.
Preview
Filing # 99657099 E-Filed 12/02/2019 04:06:30 PM.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR HENDRY COUNTY, FLORIDA
CIVIL DIVISION
MARIA ALBERNAS
Plaintiff,
vs Case No.: 19-CA-656
ALEJO L. VAZQUEZ,
Defendant. /
REPLY TO AFFIRMATIVE DEFENSES
Plaintiff, MARIA ALBERNAS, through undersigned counsel, replies to Defendant
ALEJO L. VAZQUEZ’S Affirmative Defenses stating as follows:
Unclean Hands
1. As and for his first affirmative defense ALEJO L. VAZQUEZ alleges unclean
hands. Plaintiff denies the defense and avoids by stating that the funds received by Defendant
were from a joint checking account. Any agreement to repay the funds as affirmed in the affidavit
attached to the Answer by Ihsovany Jimenez admits the receipt and re-payment of the funds by
Defendant and moves the parties to a position of resolution as opposed to further litigation and the
joining of other parties. The balance is otherwise denied.
Statute of Frauds
2. As and for his second affirmative defense ALEJO L. VAZQUEZ alleges the
Statute of Frauds. Plaintiff denies the defense and avoids by stating that the parties exchanged a
check, which was endorsed by the Defendant for the purpose of purchasing the mobile home as
indicated on the face of the check. Alternative counts are also alleged by Plaintiff.
Electronically Filed Hendry Case # 19000656CAAXMX 12/02/2019 04:06:30 PMEstoppel
3. As and for his third affirmative defense ALEJO L. VAZQUEZ alleges Estoppel.
Plaintiff denies the defense and avoids by stating that she also relied on the assertions of Defendant
as it relates to the property to make the $20,000.00 payment and cause other improvements to be
made to the mobile home. Plaintiff denies damages and other loss of the use of the property and
all other reliances asserted in the defense.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 2, 2019, I electronically transmitted the foregoing
document to the Clerk of Court using the Florida Courts E-Filing Portal (“FCEP”) for filing and
transmittal of electronic mailing to the FCEP registrant(s) listed therein.
HOLMES FRASER, P.A.
By:/s/ Jason Allen Shepelrich
Jason Allen Shepelrich, Esq.
Florida Bar No. 154563
Jan T. Holmes, Esq.
Florida Bar No.: 44193
711 5" Avenue South, Suite 200
Naples, Florida 34102
Tel. (239) 228-7280; Fax. (239) 790-5766
Primary email: jshepelrich@HolmesFraser.com
Secondary email: service@HolmesFraser.comEXHIBIT A
Document Filed Date
December 02, 2019
Case Filing Date
September 23, 2019
Category
CONTRACTS AND INDEBTEDNESS
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 99657099 E-Filed 12/02/2019 04:06:30 PM. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR HENDRY COUNTY, FLORIDA CIVIL DIVISION MARIA ALBERNAS Plaintiff, vs Case No.: 19-CA-656 ALEJO L. VAZQUEZ, Defendant. / REPLY TO AFFIRMATIVE DEFENSES Plaintiff, MARIA ALBERNAS, through undersigned counsel, replies to Defendant ALEJO L. VAZQUEZ’S Affirmative Defenses stating as follows: Unclean Hands 1. As and for his first affirmative defense ALEJO L. VAZQUEZ alleges unclean hands. Plaintiff denies the defense and avoids by stating that the funds received by Defendant were from a joint checking account. Any agreement to repay the funds as affirmed in the affidavit attached to the Answer by Ihsovany Jimenez admits the receipt and re-payment of the funds by Defendant and moves the parties to a position of resolution as opposed to further litigation and the joining of other parties. The balance is otherwise denied. Statute of Frauds 2. As and for his second affirmative defense ALEJO L. VAZQUEZ alleges the Statute of Frauds. Plaintiff denies the defense and avoids by stating that the parties exchanged a check, which was endorsed by the Defendant for the purpose of purchasing the mobile home as indicated on the face of the check. Alternative counts are also alleged by Plaintiff. Electronically Filed Hendry Case # 19000656CAAXMX 12/02/2019 04:06:30 PMEstoppel 3. As and for his third affirmative defense ALEJO L. VAZQUEZ alleges Estoppel. Plaintiff denies the defense and avoids by stating that she also relied on the assertions of Defendant as it relates to the property to make the $20,000.00 payment and cause other improvements to be made to the mobile home. Plaintiff denies damages and other loss of the use of the property and all other reliances asserted in the defense. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 2, 2019, I electronically transmitted the foregoing document to the Clerk of Court using the Florida Courts E-Filing Portal (“FCEP”) for filing and transmittal of electronic mailing to the FCEP registrant(s) listed therein. HOLMES FRASER, P.A. By:/s/ Jason Allen Shepelrich Jason Allen Shepelrich, Esq. Florida Bar No. 154563 Jan T. Holmes, Esq. Florida Bar No.: 44193 711 5" Avenue South, Suite 200 Naples, Florida 34102 Tel. (239) 228-7280; Fax. (239) 790-5766 Primary email: jshepelrich@HolmesFraser.com Secondary email: service@HolmesFraser.comEXHIBIT A