On December 18, 2015 a
Answer
was filed
involving a dispute between
Silverlakes Community Assoc Inc,
and
Ismail, Haroon,
Zakeria, Arshad,
for Other
in the District Court of Broward County.
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Filing # 55310511 E-Filed 04/19/2017 03:07:02 PM
IN THE CIRCUIT COURT OF THE
1774 JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE-15-022292
SILVERLAKES COMMUNICATION
ASSOCIATION, INC., a Florida non-for-profit
corporation,
Plaintiff,
vs.
ARSHAD ZAKERIA
HAROON ISMAIL
Defendants.
/
DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES TO
PLAINTIFF’S COMPLAINT
Defendants, ARSHAD ZAKERIA and HAROON ISMAIL, by and through undersigned
Counsel, file their Answer and Affirmative Defenses to Plaintiff's Complaint, and state the
following:
ANSWER
1. Defendants admit paragraphs 1 and 8 for jurisdictional purposes only.
2. Defendants admit the allegations of paragraphs 2 and 5.
3. Defendants can neither admit nor deny the allegations contained in paragraph 3
for want of information.
4. Defendants deny the allegations contained in paragraphs 4, 10 through 17 and 19.
5. Defendants deny the allegations of paragraphs 6, 7, 9 and 18 to the extent they
differ from the documents to which they refer.
6. Defendants deny all other allegations of Plaintiff's Complaint not expressly
admitted herein.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/19/2017 3:07:02 PM.****CASE NO. CACE-15-022292
WHEREFORE Defendants having fully answered the Complaint, respectfully request
that this Honorable Court cause the Complaint to be dismissed with prejudice; enter judgment
against the Plaintiff; order that the Plaintiff take nothing by virtue of the Complaint; and for such
other and further relief that this Honorable Court deems just and proper.
AFFIRMATIVE DEFENSES
Defendants, ARSHAD ZAKERIA and HAROON ISMAIL, hereby serve the following
affirmative defenses to Plaintiff's Complaint:
1. Plaintiff has failed to state a cause of action upon which relief can be granted.
Plaintiff's claim for injunctive relief fails because the issue of which it complains was rectified
prior to the filing of the Complaint.
2. Plaintiff’s claims fail due to accord and satisfaction. Plaintiff agreed, in writing,
with Defendants that all issues were resolved.
3. Plaintiff's claim for assessments and fees fail based on prior and current
accounting showing no such amounts are due and owing.
4. Plaintiffs claims are diminished or barred for failure to mitigate its damages.
WHEREFORE Defendants having fully answered the Complaint, respectfully request
that this Honorable Court cause the Complaint to be dismissed with prejudice; enter judgment
against the Plaintiff; order that the Plaintiff take nothing by virtue of the Complaint; and for such
other and further relief that this Honorable Court deems just and proper.CASE NO. CACE-15-022292
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via
Florida’s e-filing portal this 19th _ day of April, 2016 to: All Counsel of Record.
INTERNATIONAL LAW
PARTNERS LLP
2122 Hollywood Blvd.
Hollywood, FL 33020
Telephone: (954) 374-7722
Facsimile: (954) 212-0170
By: __/s/YASIR BILLOO
YASIR BILLOO
Florida Bar No.: 718351
ybilloo@intlawpartners.com
assistantWintlawpartners.com
Document Filed Date
April 19, 2017
Case Filing Date
December 18, 2015
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Filing # 55310511 E-Filed 04/19/2017 03:07:02 PM IN THE CIRCUIT COURT OF THE 1774 JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-15-022292 SILVERLAKES COMMUNICATION ASSOCIATION, INC., a Florida non-for-profit corporation, Plaintiff, vs. ARSHAD ZAKERIA HAROON ISMAIL Defendants. / DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT Defendants, ARSHAD ZAKERIA and HAROON ISMAIL, by and through undersigned Counsel, file their Answer and Affirmative Defenses to Plaintiff's Complaint, and state the following: ANSWER 1. Defendants admit paragraphs 1 and 8 for jurisdictional purposes only. 2. Defendants admit the allegations of paragraphs 2 and 5. 3. Defendants can neither admit nor deny the allegations contained in paragraph 3 for want of information. 4. Defendants deny the allegations contained in paragraphs 4, 10 through 17 and 19. 5. Defendants deny the allegations of paragraphs 6, 7, 9 and 18 to the extent they differ from the documents to which they refer. 6. Defendants deny all other allegations of Plaintiff's Complaint not expressly admitted herein. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/19/2017 3:07:02 PM.****CASE NO. CACE-15-022292 WHEREFORE Defendants having fully answered the Complaint, respectfully request that this Honorable Court cause the Complaint to be dismissed with prejudice; enter judgment against the Plaintiff; order that the Plaintiff take nothing by virtue of the Complaint; and for such other and further relief that this Honorable Court deems just and proper. AFFIRMATIVE DEFENSES Defendants, ARSHAD ZAKERIA and HAROON ISMAIL, hereby serve the following affirmative defenses to Plaintiff's Complaint: 1. Plaintiff has failed to state a cause of action upon which relief can be granted. Plaintiff's claim for injunctive relief fails because the issue of which it complains was rectified prior to the filing of the Complaint. 2. Plaintiff’s claims fail due to accord and satisfaction. Plaintiff agreed, in writing, with Defendants that all issues were resolved. 3. Plaintiff's claim for assessments and fees fail based on prior and current accounting showing no such amounts are due and owing. 4. Plaintiffs claims are diminished or barred for failure to mitigate its damages. WHEREFORE Defendants having fully answered the Complaint, respectfully request that this Honorable Court cause the Complaint to be dismissed with prejudice; enter judgment against the Plaintiff; order that the Plaintiff take nothing by virtue of the Complaint; and for such other and further relief that this Honorable Court deems just and proper.CASE NO. CACE-15-022292 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via Florida’s e-filing portal this 19th _ day of April, 2016 to: All Counsel of Record. INTERNATIONAL LAW PARTNERS LLP 2122 Hollywood Blvd. Hollywood, FL 33020 Telephone: (954) 374-7722 Facsimile: (954) 212-0170 By: __/s/YASIR BILLOO YASIR BILLOO Florida Bar No.: 718351 ybilloo@intlawpartners.com assistantWintlawpartners.com