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Filing # 36187100 E-Filed 01/05/2016 06:15:22 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CIVIL DIVISION
CASE NO.: CACE-15-018036
MRB ENTERPRISE, INC., a Michigan
Corporation d/b/a TTS LOGISTICS,
Plaintiff,
v.
FRESH QUEST, INC.,
a Florida corporation,
Defendant.
ANSWER
Defendant Fresh Quest, Inc. (“Fresh Quest”) hereby answers Plaintiff MRB
Enterprise Inc.’s (“MRB”) Complaint and states as follows:
1. Fresh Quest admits that MRB filed an action in the Circuit Court of the
17" Judicial Circuit, but denies that MRB is entitled to any relief.
2. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 2 of the Complaint, and therefore, denies them.
3. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 3 of the Complaint, and therefore, denies them.
4, Admitted.
5. Fresh Quest admits that venue is proper in this Judicial Circuit, but denies
that MRB is entitled to any relief.
6. Denied.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 1/5/2016 6:15:22 PM.****7. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 7 of the Complaint, and therefore, denies them.
8. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 8 of the Complaint, and therefore, denies them.
9. Denied.
10. Denied.
11. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 2 of the Complaint, and therefore, denies them.
12. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 2 of the Complaint, and therefore, denies them.
13. Denied.
14. Denied.
15. Fresh Quest lacks sufficient knowledge and information to form a belief as
to the truth of the allegations in Paragraph 15 of the Complaint, and therefore, denies
them.
16. Denied.
FIRST CAUSE OF ACTION
Breach of Contract
17. Fresh Quest incorporates by reference each and every response to
paragraphs | through 16 above, as though fully set forth herein.
18. Denied.
19. Denied.
20. Denied.
i)Fresh Quest denies that MRB is entitled to any of the relief requested in its Prayer
for Relief, or to any other relief. Fresh Quest denies all of MRB’s allegations not
specifically admitted above.
AFFIRMATIVE DEFENSES
Fresh Quest alleges and asserts the following defenses in response to MRB’s
claims, undertaking the burden of proof only as to those defenses required by law,
regardless of how such defenses are denominated herein. Fresh Quest reserves the right
to assert additional defenses as they become known during the course of this litigation.
FIRST AFFIRMATIVE DEFENSE
MRB, by reason of his own actions and conduct, is barred from recovery on the
grounds that MRB has waived whatever rights he may have had to assert the claims
alleged in the Complaint.
SECOND AFFIRMATIVE DEFENSE
MRB’s recovery is barred because each and every act of Fresh Quest complained
of was justified, proper, legal, fair, and not done in deprivation of MRB’s rights or legal
interests.
THIRD AFFIRMATIVE DEFENSE
MRB’s complaint fails to state a cause of action upon which relief may be granted
and therefore this action is barred.
FOURTH AFFIRMATIVE DEFENSE
MRB’s claim is barred and or limited for violation of the Florida and Federal Fair
Debt Collection Practices Act.FIFTH AFFIRMATIVE DEFENSE
MRB’s failure to mitigate its damages prevent it from recovering the full amount
sought as part of its Breach of Contract action.
Dated: January 5, 2016
By. _4/Ernesto M. Rubi
Ernesto M. Rubi (Fla. Bar No. 92014)
er arevrodriguez.com
CAREY RODRIGUEZ
MILIAN GONYA, LLP
1395 Brickell Avenue, Suite 700
Miami, FL 33131
Tel. 305.372.7474
Fax. 305.372.7475
Counsel for Fresh QuestCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via email on this 5th day of January, 2016 to Steven M. De Falco, Esq., 5395
Park Central Court, Naples, Florida, 34109-5932, sdetalco@meuerslawfirm.com.
By: /s Ernesto M. Rubi
Ernesto M. Rubi, Esq.
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Filing # 36187100 E-Filed 01/05/2016 06:15:22 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO.: CACE-15-018036 MRB ENTERPRISE, INC., a Michigan Corporation d/b/a TTS LOGISTICS, Plaintiff, v. FRESH QUEST, INC., a Florida corporation, Defendant. ANSWER Defendant Fresh Quest, Inc. (“Fresh Quest”) hereby answers Plaintiff MRB Enterprise Inc.’s (“MRB”) Complaint and states as follows: 1. Fresh Quest admits that MRB filed an action in the Circuit Court of the 17" Judicial Circuit, but denies that MRB is entitled to any relief. 2. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 2 of the Complaint, and therefore, denies them. 3. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint, and therefore, denies them. 4, Admitted. 5. Fresh Quest admits that venue is proper in this Judicial Circuit, but denies that MRB is entitled to any relief. 6. Denied. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 1/5/2016 6:15:22 PM.****7. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 7 of the Complaint, and therefore, denies them. 8. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 8 of the Complaint, and therefore, denies them. 9. Denied. 10. Denied. 11. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 2 of the Complaint, and therefore, denies them. 12. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 2 of the Complaint, and therefore, denies them. 13. Denied. 14. Denied. 15. Fresh Quest lacks sufficient knowledge and information to form a belief as to the truth of the allegations in Paragraph 15 of the Complaint, and therefore, denies them. 16. Denied. FIRST CAUSE OF ACTION Breach of Contract 17. Fresh Quest incorporates by reference each and every response to paragraphs | through 16 above, as though fully set forth herein. 18. Denied. 19. Denied. 20. Denied. i)Fresh Quest denies that MRB is entitled to any of the relief requested in its Prayer for Relief, or to any other relief. Fresh Quest denies all of MRB’s allegations not specifically admitted above. AFFIRMATIVE DEFENSES Fresh Quest alleges and asserts the following defenses in response to MRB’s claims, undertaking the burden of proof only as to those defenses required by law, regardless of how such defenses are denominated herein. Fresh Quest reserves the right to assert additional defenses as they become known during the course of this litigation. FIRST AFFIRMATIVE DEFENSE MRB, by reason of his own actions and conduct, is barred from recovery on the grounds that MRB has waived whatever rights he may have had to assert the claims alleged in the Complaint. SECOND AFFIRMATIVE DEFENSE MRB’s recovery is barred because each and every act of Fresh Quest complained of was justified, proper, legal, fair, and not done in deprivation of MRB’s rights or legal interests. THIRD AFFIRMATIVE DEFENSE MRB’s complaint fails to state a cause of action upon which relief may be granted and therefore this action is barred. FOURTH AFFIRMATIVE DEFENSE MRB’s claim is barred and or limited for violation of the Florida and Federal Fair Debt Collection Practices Act.FIFTH AFFIRMATIVE DEFENSE MRB’s failure to mitigate its damages prevent it from recovering the full amount sought as part of its Breach of Contract action. Dated: January 5, 2016 By. _4/Ernesto M. Rubi Ernesto M. Rubi (Fla. Bar No. 92014) er arevrodriguez.com CAREY RODRIGUEZ MILIAN GONYA, LLP 1395 Brickell Avenue, Suite 700 Miami, FL 33131 Tel. 305.372.7474 Fax. 305.372.7475 Counsel for Fresh QuestCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via email on this 5th day of January, 2016 to Steven M. De Falco, Esq., 5395 Park Central Court, Naples, Florida, 34109-5932, sdetalco@meuerslawfirm.com. By: /s Ernesto M. Rubi Ernesto M. Rubi, Esq.