On December 29, 2016 a
Answer
was filed
involving a dispute between
Aqua Finance Inc,
and
Mastro, Karen,
for CONTRACTS AND INDEBTEDNESS - COUNTY
in the District Court of Pinellas County.
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Filing # 68137909 E-Filed 02/19/2018 01:32:53 PM
IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
AQUA FINANCE INC,
Plaintiff,
vs. Case Number: 16-CC-009601
KAREN MASTRO,
Defendant.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
TO PLAINTIFF’S COMPLAINT FOR DAMAGES
COMES NOW the Defendant, KAREN MASTRO, by and through undersigned counsel,
pursuant to Florida Rule of Civil Procedure 1.110 and hereby answers Plaintiff” s Complaint for
Damages and raises the following affirmative defenses. In support Defendant states as follows:
ANSWER
1. Admitted for jurisdictional purposes only.
2. Admitted.
3. Denied, specifically Plaintiff has failed to attach the “sales slip” which Plaintiff
has admitted is a material part of the contract. E: Page 2 of Exhibit to Plaintiff” s Complaint.
Plaintiff’ s attachment states in bold all caps letters on the second page, “is a part of and in
accordance with the terms of [the] revolving credit agreement, which contains the federal truth-
in-lending disclosure, payment terms, and other important information about your account with
us.” Without such terms it isimpossible for Defendant to have shown any compliance with
potential unknown conditions precedent. E: Page 2 of Exhibit to Plaintiff” s Complaint.
-1-
***ELECTRONICALLY FILED 02/19/2018 01:32:53 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
4. Denied, the copy attached to the complaint is incomplete and does contain the
“sales slip”. The agreement istherefore incomplete. E: Page 2 of Exhibit to Plaintiff’ s
Complaint.
5. Denied.
6. Denied.
Defendant denies that Plaintiff is entitled to any relief.
AFFIRMATIVE DEFENSES
7. First Affirmative Defenses — Failure to State a Cause of Action. Plaintiff has
failed to state a cause of action for breach of contract.
WHEREFORE, Defendant KAREN MASTRO, prays that this Honorable Court will
dismiss Plaintiff’ s Complaint for Damages with Prejudice, award Defendant court costs and
attorney fees if so entitled, and grant any other relief deemed just and proper.
/s/ Vincent Carl LoBue
Vincent Carl LoBue
Florida Bar Number: 0064368
PO. Box 707
St. Petersburg, Florida 33731-0707
Phone: (727) 501—5455
LoBueLaw@gmail.com
Attorney for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been served on Hayt,
Hayt & Landau P.L., attorney for Plaintiff on this that on this 19th
day of February, 2018 Via
electronic service through the e-filing portal.
/s/Vincent C. LoBue
Vincent Carl LoBue
Document Filed Date
February 19, 2018
Case Filing Date
December 29, 2016
Category
CONTRACTS AND INDEBTEDNESS - COUNTY
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Filing # 68137909 E-Filed 02/19/2018 01:32:53 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA AQUA FINANCE INC, Plaintiff, vs. Case Number: 16-CC-009601 KAREN MASTRO, Defendant. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT FOR DAMAGES COMES NOW the Defendant, KAREN MASTRO, by and through undersigned counsel, pursuant to Florida Rule of Civil Procedure 1.110 and hereby answers Plaintiff” s Complaint for Damages and raises the following affirmative defenses. In support Defendant states as follows: ANSWER 1. Admitted for jurisdictional purposes only. 2. Admitted. 3. Denied, specifically Plaintiff has failed to attach the “sales slip” which Plaintiff has admitted is a material part of the contract. E: Page 2 of Exhibit to Plaintiff” s Complaint. Plaintiff’ s attachment states in bold all caps letters on the second page, “is a part of and in accordance with the terms of [the] revolving credit agreement, which contains the federal truth- in-lending disclosure, payment terms, and other important information about your account with us.” Without such terms it isimpossible for Defendant to have shown any compliance with potential unknown conditions precedent. E: Page 2 of Exhibit to Plaintiff” s Complaint. -1- ***ELECTRONICALLY FILED 02/19/2018 01:32:53 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 4. Denied, the copy attached to the complaint is incomplete and does contain the “sales slip”. The agreement istherefore incomplete. E: Page 2 of Exhibit to Plaintiff’ s Complaint. 5. Denied. 6. Denied. Defendant denies that Plaintiff is entitled to any relief. AFFIRMATIVE DEFENSES 7. First Affirmative Defenses — Failure to State a Cause of Action. Plaintiff has failed to state a cause of action for breach of contract. WHEREFORE, Defendant KAREN MASTRO, prays that this Honorable Court will dismiss Plaintiff’ s Complaint for Damages with Prejudice, award Defendant court costs and attorney fees if so entitled, and grant any other relief deemed just and proper. /s/ Vincent Carl LoBue Vincent Carl LoBue Florida Bar Number: 0064368 PO. Box 707 St. Petersburg, Florida 33731-0707 Phone: (727) 501—5455 LoBueLaw@gmail.com Attorney for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing has been served on Hayt, Hayt & Landau P.L., attorney for Plaintiff on this that on this 19th day of February, 2018 Via electronic service through the e-filing portal. /s/Vincent C. LoBue Vincent Carl LoBue