On December 31, 2015 a
Motion-Secondary
was filed
involving a dispute between
Clarke, O'Neil,
and
Value Store It Sunrise, Llc,
for Contract and Indebtedness
in the District Court of Broward County.
Preview
Filing # 38065384 E-Filed 02/21/2016 11:15:38 AM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 15-022943
O’NEIL CLARKE,
Plaintiff,
vs.
VALUE STORE IT SUNRISE, LLC.,
a Florida Limited Liability Company
Defendant.
/
REPLY TO DEFENDANT’S AFFIRMATIVE DEFENSES
Plaintiff, O’Neil Clarke, (“Plaintiff”) by and through its undersigned counsel, hereby
serves its reply to avoid the Affirmative Defenses alleged by the Defendant, Value Store It Sunrise,
LLC. (“Defendant”), and in support thereof states:
1, As to the Defendant’s Second Affirmative Defense, Plaintiff seeks to avoid this
Affirmative Defense because the Contract is unenforceable under Florida Law.
2. As to the Defendant’s Fourth Affirmative Defense, Plaintiff seeks to avoid this
Affirmative Defense because he did not execute the Release Agreement attached as Exhibit “A”
to the Defendant’s Answer and Affirmative Defenses. Someone forged the Plaintiff's signature on
the Release Agreement. As such, the Plaintiff has not waived any claims.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
e-mail to Scott A. Frank, Esq., sfrank(@saflaw.com this 21“ day of February, 2016.
MICHAEL GARCIA, PA.
950 S. Pine Island Road, Ste A-150
Plantation, FL 33324
Telephone: 954-727-8101
E-Mail: Michael@garciapa.com
By:_/s/ Michael Garcia
Michael Garcia
Florida Bar No. 93749
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 2/21/2016 11:15:38 AM.****
Document Filed Date
February 21, 2016
Case Filing Date
December 31, 2015
Category
Contract and Indebtedness
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Filing # 38065384 E-Filed 02/21/2016 11:15:38 AM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-022943 O’NEIL CLARKE, Plaintiff, vs. VALUE STORE IT SUNRISE, LLC., a Florida Limited Liability Company Defendant. / REPLY TO DEFENDANT’S AFFIRMATIVE DEFENSES Plaintiff, O’Neil Clarke, (“Plaintiff”) by and through its undersigned counsel, hereby serves its reply to avoid the Affirmative Defenses alleged by the Defendant, Value Store It Sunrise, LLC. (“Defendant”), and in support thereof states: 1, As to the Defendant’s Second Affirmative Defense, Plaintiff seeks to avoid this Affirmative Defense because the Contract is unenforceable under Florida Law. 2. As to the Defendant’s Fourth Affirmative Defense, Plaintiff seeks to avoid this Affirmative Defense because he did not execute the Release Agreement attached as Exhibit “A” to the Defendant’s Answer and Affirmative Defenses. Someone forged the Plaintiff's signature on the Release Agreement. As such, the Plaintiff has not waived any claims. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via e-mail to Scott A. Frank, Esq., sfrank(@saflaw.com this 21“ day of February, 2016. MICHAEL GARCIA, PA. 950 S. Pine Island Road, Ste A-150 Plantation, FL 33324 Telephone: 954-727-8101 E-Mail: Michael@garciapa.com By:_/s/ Michael Garcia Michael Garcia Florida Bar No. 93749 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 2/21/2016 11:15:38 AM.****