On April 05, 2017 a
Answer
was filed
involving a dispute between
Fernandez, Evelyn,
and
Miami-Dade County, Fl,
for Equitable Relief
in the District Court of Miami-Dade County.
Preview
Filing # 63793713 E-Filed 11/06/2017 11:17:44 AM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
EVELYN FERNANDEZ,
CASE NO. 17-8126 CA 09 Echarte
Plaintiff,
Vv.
MIAMI-DADE COUNTY,
Defendant.
/
PLAINTIFF’S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT’S
COUNTERCLAIM FOR SPECIFIC PERFORMANCE
Plaintiff, EVELYN FERNANDEZ, by and through their undersigned counsel, and
pursuant to Rule 1.140, Fla. R. Civ. P., files this Answer to Defedant’s Counterclaim for
Specific Performance and in support thereof states:
1. Defendants admit the allegations as set forth in Paragraphs 2, 3, 4, 5, 6, 7,
and 8 of the Counterclaim.
2. Defendants deny the allegations in Paragraphs 1, 9, 10, 11, 12, and 13 and
further deny that Plaintiff is entitled to any of the relief sought in the Counterclaim.
3. Further, any allegations not specifically admitted herein are denied.
WHEREFORE, it is respectfully requested that this Honorable Court dismiss
Defendant's Counterclaim.
AFFIRMATIVE DEFENSES
1. Defendant's Counterclaim fails to state a claim for specific performance.
2. Defendant's Counterclaim fails to state claim for which relief can be granted.
3. Defendant's Counterclaim is barred based on mutual mistake and/or falserepresentations.
4. Defendant's Counterclaim is barred based on Defendant's failure to perform
it's obligations which are now time barred.
5. Defendant’s Counterclaim is barred in whole or in part by the doctrines of
waiver, unclean hands and/or estoppel.
WHEREFORE, it is respectfully requested that this Honorable Court enter an order
dismissing Defendant's Counterclaim for Specific Performance against Plaintiff, Evelyn
Fernandez.
Respectfully submitted,
TERI GUTTMAN VALDES LLC
Counsel for Plaintiff
1501 Venera Avenue
Suite 300
Coral Gables, Florida 33146
Telephone: (305) 740-9600
Facsimile: (305) 740-9202
/s/ Teri Guttman Valdes
Teri Guttman Valdes
Fla. Bar No. 0010741
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
electronic mail this November 6, 2017 to Ezra S. Greenberg, Assistant County Attorney, 111
N.W. 1* Street, Suite 2800, Miami, Florida 33128.
/s/ Teri Guttman Valdes
Teri Guttman Valdes
Fla. Bar No. 0010741
Document Filed Date
November 06, 2017
Case Filing Date
April 05, 2017
Category
Equitable Relief
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Filing # 63793713 E-Filed 11/06/2017 11:17:44 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA EVELYN FERNANDEZ, CASE NO. 17-8126 CA 09 Echarte Plaintiff, Vv. MIAMI-DADE COUNTY, Defendant. / PLAINTIFF’S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT’S COUNTERCLAIM FOR SPECIFIC PERFORMANCE Plaintiff, EVELYN FERNANDEZ, by and through their undersigned counsel, and pursuant to Rule 1.140, Fla. R. Civ. P., files this Answer to Defedant’s Counterclaim for Specific Performance and in support thereof states: 1. Defendants admit the allegations as set forth in Paragraphs 2, 3, 4, 5, 6, 7, and 8 of the Counterclaim. 2. Defendants deny the allegations in Paragraphs 1, 9, 10, 11, 12, and 13 and further deny that Plaintiff is entitled to any of the relief sought in the Counterclaim. 3. Further, any allegations not specifically admitted herein are denied. WHEREFORE, it is respectfully requested that this Honorable Court dismiss Defendant's Counterclaim. AFFIRMATIVE DEFENSES 1. Defendant's Counterclaim fails to state a claim for specific performance. 2. Defendant's Counterclaim fails to state claim for which relief can be granted. 3. Defendant's Counterclaim is barred based on mutual mistake and/or falserepresentations. 4. Defendant's Counterclaim is barred based on Defendant's failure to perform it's obligations which are now time barred. 5. Defendant’s Counterclaim is barred in whole or in part by the doctrines of waiver, unclean hands and/or estoppel. WHEREFORE, it is respectfully requested that this Honorable Court enter an order dismissing Defendant's Counterclaim for Specific Performance against Plaintiff, Evelyn Fernandez. Respectfully submitted, TERI GUTTMAN VALDES LLC Counsel for Plaintiff 1501 Venera Avenue Suite 300 Coral Gables, Florida 33146 Telephone: (305) 740-9600 Facsimile: (305) 740-9202 /s/ Teri Guttman Valdes Teri Guttman Valdes Fla. Bar No. 0010741 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail this November 6, 2017 to Ezra S. Greenberg, Assistant County Attorney, 111 N.W. 1* Street, Suite 2800, Miami, Florida 33128. /s/ Teri Guttman Valdes Teri Guttman Valdes Fla. Bar No. 0010741