On September 07, 2021 a
Complaint,Petition
was filed
involving a dispute between
Del Risco, Jose M,
and
Gutierrez, Patricia,
Tenorio, Nathaniel A,
for Contract and Indebtedness ($15,001 - $30,000)
in the District Court of Miami-Dade County.
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Filing # 134103246 E-Filed 09/07/2021 12:57:33 PM
IN THE COUNTY COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
JOSE M. DEL RISCO CIVIL DIVISION
Plaintiff, CASE NO.
FLORIDA BAR NO. 0183008
Vv.
NATHANIEL TENORIO
ELSA PATRICIA GUTIERREZ
Defendant.
/
COMPLAINT
Plaintiff sues the Defendant and states:
1 This is an action for an amount under $30,000.00 but over $8,000.00,
exclusive of interest, costs attorney’s fees and treble damages.
2, Plaintiff, JOSE M. DEL RISCO is an individual residing in Miami Dade
County, Florida.
3 Defendant, NATHANIEL TENORIO and ELSA PATRICIA
GUTIERREZ are both residents of Miami Dade County, Florida.
4 The services rendered under this verbal contract were rendered in Miami
Dade County, Florida.
3 All conditions precedent to bringing suit have been met, waived or
satisfied.
COUNT I-
BREACH OF ORAL CONTRACT
Plaintiff realleges and reavers Paragraphs 1 through 5 entirely and further alleges:
6. On or about November 1, 2020, the Defendant, PATRICIA
GUTIERREZ, on behalf of her nephew, NATHANIEL TENORIO, requested that
Plaintiff loan them the funds to pay off the restitution and bail for which NATHANIEL
TENORIO was responsible.
7 Plaintiff agreed and remitted the sum of $18,578.79 to Defendants to use
for bail and restitution regarding criminal charges filed against him.
8 At all material times, the Defendants knew that it was being loaned and
agreed to pay back the sums in full.
9 Defendant PATRICIA GUTIERREZ made a few payments to Plaintiff
and then failed and defaulted on payment of the balance.
10. Despite repeated demands for the return of said funds, Defendants have
failed and refused to remit same. See copy of demand letter attached hereto.
11. As of the filing of this suit, Defendants owe $18,578.79 to Plaintiff.
12. Plaintiff has been forced to retain the undersigned attorney to represent
her interests in this matter and has agreed to pay said attorney a reasonable fee for such
services.
WHEREFORE, Plaintiff demands judgment for its damages, treble damages
against the Defendant, NATHANIEL TENORIO and PATRICIA GUTIERREZ, plus
costs, interest and attorney’s fees.
Dated this day of September 2021.
Respectfully submitted,
JACQUELINE A. SALCINES, P.A.
706 S. Dixie Highway
Second Floor
Coral Gables, Florida 33146
Telephone: (305) 669-5280
Fax: (786) 669-5283
By:_/s/ Jacqueline A. Salcines
JACQUELINE A. SALCINES, ESQ
Florida Bar No. 0183008
Primary: j.salcines@salcineslaw.com
Secondary: legal alcineslaw.com
Document Filed Date
September 07, 2021
Case Filing Date
September 07, 2021
Category
Contract and Indebtedness ($15,001 - $30,000)
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Filing # 134103246 E-Filed 09/07/2021 12:57:33 PM IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA JOSE M. DEL RISCO CIVIL DIVISION Plaintiff, CASE NO. FLORIDA BAR NO. 0183008 Vv. NATHANIEL TENORIO ELSA PATRICIA GUTIERREZ Defendant. / COMPLAINT Plaintiff sues the Defendant and states: 1 This is an action for an amount under $30,000.00 but over $8,000.00, exclusive of interest, costs attorney’s fees and treble damages. 2, Plaintiff, JOSE M. DEL RISCO is an individual residing in Miami Dade County, Florida. 3 Defendant, NATHANIEL TENORIO and ELSA PATRICIA GUTIERREZ are both residents of Miami Dade County, Florida. 4 The services rendered under this verbal contract were rendered in Miami Dade County, Florida. 3 All conditions precedent to bringing suit have been met, waived or satisfied. COUNT I- BREACH OF ORAL CONTRACT Plaintiff realleges and reavers Paragraphs 1 through 5 entirely and further alleges: 6. On or about November 1, 2020, the Defendant, PATRICIA GUTIERREZ, on behalf of her nephew, NATHANIEL TENORIO, requested that Plaintiff loan them the funds to pay off the restitution and bail for which NATHANIEL TENORIO was responsible. 7 Plaintiff agreed and remitted the sum of $18,578.79 to Defendants to use for bail and restitution regarding criminal charges filed against him. 8 At all material times, the Defendants knew that it was being loaned and agreed to pay back the sums in full. 9 Defendant PATRICIA GUTIERREZ made a few payments to Plaintiff and then failed and defaulted on payment of the balance. 10. Despite repeated demands for the return of said funds, Defendants have failed and refused to remit same. See copy of demand letter attached hereto. 11. As of the filing of this suit, Defendants owe $18,578.79 to Plaintiff. 12. Plaintiff has been forced to retain the undersigned attorney to represent her interests in this matter and has agreed to pay said attorney a reasonable fee for such services. WHEREFORE, Plaintiff demands judgment for its damages, treble damages against the Defendant, NATHANIEL TENORIO and PATRICIA GUTIERREZ, plus costs, interest and attorney’s fees. Dated this day of September 2021. Respectfully submitted, JACQUELINE A. SALCINES, P.A. 706 S. Dixie Highway Second Floor Coral Gables, Florida 33146 Telephone: (305) 669-5280 Fax: (786) 669-5283 By:_/s/ Jacqueline A. Salcines JACQUELINE A. SALCINES, ESQ Florida Bar No. 0183008 Primary: j.salcines@salcineslaw.com Secondary: legal alcineslaw.com