On December 29, 2017 a
Motion-Secondary
was filed
involving a dispute between
R And B Auto Body Transport Refinishing Llc,
and
Alexanders Property Maintenance Inc,
for CONTRACTS AND INDEBTEDNESS - COUNTY
in the District Court of Pinellas County.
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Filing # 67777301 E-Filed 02/09/2018 03:33:21 PM
IN THE COUNTY COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL ACTION
R & B AUTO BODY TRANSPORT
REFINISHING, LLC,
Plaintiff,
Case No: 17-010423-CO
v.
Division:
ALEXANDERS PROPERTY
MAINTENANCE, INC.,
Defendant.
/
RESPONSE TO DEFENDANT'S MOTION TO DISMISS
Plaintiff, by and through the undersigned attorney hereby files this Response to
Defendant's Motion to Dismiss and states as follows:
1. Plaintiff‘s Complaint is a complaint for breach of a written contract and therefore falls
under Florida Statute 95 .1 1(2)(b). Therefore, the Statute of Limitations isfive (5) years.
2. Incorporated in Plaintiff‘s Complaint isthe written AGREEMENT between Plaintiff and
Defendant wherein Plaintiff agreed to perform services for Defendant.
3. Defendant agreed to pay for services Within thirty days of the invoice.
4. The agreement issigned by Janus T. Alexander, CEO of Alexander's Property
Maintenance, Inc.
WHEREF ORE Plaintiff requests that this Honorable Court deny Defendant's Motion to
Dismiss and set the matter for hearing.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served
***ELECTRONICALLY FILED 02/09/2018 03:33:21 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
9th
electronically this day of February, 2018, upon: Philip Dragonetti, Esquire, McFarland.
Gould, Lyons, Sullivan & Hogan, P.A., pdasst@mcfarlandg0uldlaw.com.
Ema/m4)» fiagwafi
BENJAMIN G. DeBERG, ESQUIRE
DeBerg & DeBerg, PA.
19 15 Tyrone Boulevard
St. Petersburg, Florida 33710
(727) 344-5573
BAR NO.: 0076678
SPN NO.: 00798050
Primary e-mail: dana@deberglaw.com
Secondary e-mail: allison@deberglaw.com
Document Filed Date
February 09, 2018
Case Filing Date
December 29, 2017
Category
CONTRACTS AND INDEBTEDNESS - COUNTY
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Filing # 67777301 E-Filed 02/09/2018 03:33:21 PM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL ACTION R & B AUTO BODY TRANSPORT REFINISHING, LLC, Plaintiff, Case No: 17-010423-CO v. Division: ALEXANDERS PROPERTY MAINTENANCE, INC., Defendant. / RESPONSE TO DEFENDANT'S MOTION TO DISMISS Plaintiff, by and through the undersigned attorney hereby files this Response to Defendant's Motion to Dismiss and states as follows: 1. Plaintiff‘s Complaint is a complaint for breach of a written contract and therefore falls under Florida Statute 95 .1 1(2)(b). Therefore, the Statute of Limitations isfive (5) years. 2. Incorporated in Plaintiff‘s Complaint isthe written AGREEMENT between Plaintiff and Defendant wherein Plaintiff agreed to perform services for Defendant. 3. Defendant agreed to pay for services Within thirty days of the invoice. 4. The agreement issigned by Janus T. Alexander, CEO of Alexander's Property Maintenance, Inc. WHEREF ORE Plaintiff requests that this Honorable Court deny Defendant's Motion to Dismiss and set the matter for hearing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served ***ELECTRONICALLY FILED 02/09/2018 03:33:21 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 9th electronically this day of February, 2018, upon: Philip Dragonetti, Esquire, McFarland. Gould, Lyons, Sullivan & Hogan, P.A., pdasst@mcfarlandg0uldlaw.com. Ema/m4)» fiagwafi BENJAMIN G. DeBERG, ESQUIRE DeBerg & DeBerg, PA. 19 15 Tyrone Boulevard St. Petersburg, Florida 33710 (727) 344-5573 BAR NO.: 0076678 SPN NO.: 00798050 Primary e-mail: dana@deberglaw.com Secondary e-mail: allison@deberglaw.com