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Filing # 64758874 E-Filed 11/29/2017 08:58:24 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
BOOTH’S COBBLESTONES, INC., a Florida Case No: 2017-CA-008091-O
corporation,
Plaintiff,
v.
YI T. HSU, a married woman,
Defendant.
YI T. HSU’S ANSWER & AFFIRMATIVE DEFENSES TO PLAINTIFF’S
COMPLAINT
Defendant, YI T. Hsu, by and through its undersigned counsel, hereby files its
answer and affirmative defenses and states:
1. Denied.
2. Admitted
3. Without knowledge, therefore, denied.
4. Admitted that the home located at 5054 is owned by Defendant.
5. Denied.
6. Denied.
7. Denied.
8. Admitted.
9. Admitted.
10. Admitted.
11. Denied.
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CASE NO.: 2017-CA-008091-O
12. Denied.
13. Denied.
14. Admitted that Defendant entered into a contract with Plaintiff, the terms of
which speak for themselves. Otherwise, denied.
15. Denied.
16. Denied.
17. Without knowledge, therefore, denied.
18. Without knowledge, therefore, denied.
19. Denied.
20. Denied.
21. Denied.
22. Denied.
23. Denied.
24. Without knowledge, therefore, denied.
25. Denied.
26. Denied.
27. Denied.
28. Admitted that Plaintiff served a Final Payment Affidavit to undersigned’s
office. Denied that service on the undersigned was proper service under Fl. Stat. Chapter 713.
29. Admitted that a Contractor’s Final Payment Affidavit is attached as Exhibit F.
Denied that the Affidavit was properly served.
30. Admitted that Plaintiff served a Final Payment Affidavit to undersigned’s
office. Denied that service on the undersigned was proper service under Fl. Stat. Chapter 713.
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CASE NO.: 2017-CA-008091-O
31. Admitted.
32. Denied.
33. Denied.
34. Denied.
35. Denied.
36. Denied.
37. Admitted.
Defendant hereby denies all requests for relief as requested in Plaintiff’s Wherefore clause and
demands judgment for relief as requested herein including attorneys’ fees and costs pursuant
to the Fl. Stat. Ch. 713 and the agreement between the parties.
PRAYER FOR JURY TRIAL
Defendant hereby requests a trial by jury.
AFFIRMATIVE DEFENSES
1. Defendant affirmative states that Plaintiff’s Complaint fails to state a cause of
action.
2. Defendant affirmatively states that Plaintiff’s contract fails to meet the
requirements of Fl. Stat. Ch. 713 by failing to put the requisite warnings relating to lien law.
3. Defendant affirmatively asserts that Plaintiff breached the contract first by
installing the pavers in a defective manner which does not meet the standard of care.
4. Defendant affirmatively asserts that Plaintiff failed to mitigate damages.
Defendant properly served a Fl. Stat. 558 Notice. By failing to repair its defective work,
Plaintiff incurred unnecessary attorneys fees in bringing its affirmative action.
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CASE NO.: 2017-CA-008091-O
Plaintiff’s claim against Defendant is barred by the doctrine of unclean hands. Under Florida
Law, a party has unclean hands when it has acted in bad faith, resorted to trickery or deception,
been guilty of fraud, injustice, or unfairness. Peninsula Land Co. v. Howard, 6 So.2d 384, 389
(Fla. 1941). "The clean hands doctrine applies not only to fraudulent and illegal transactions,
but to any unrighteous, unconscientious, or oppressive conduct by one seeking equitable
interference in his own behalf... He who has acted in bad faith, resorted to trickery or deception,
or been guilty of fraud, injustice, or unfairness will appeal in vain to a court of conscience,
even though his wrongdoing may have kept himself strictly within the law." Goodwin v. Blu
Murray Insurance Agency, Inc., 939 So.2d 1098, 1105 (Fla. 5th DCA 2006) (citing Epstein v.
Epstein, 915 So.2d 1272, 1275 (Fla. 4th DCA 2005). Specifically, Plaintiff acted in bad faith
by knowingly, purposely, intentionally, willfully, fraudulently, or with gross negligence (i)
exaggerating its Claim of Lien by overcharging for the services and materials that were
performed or provided on the property upon which it filed its lien. In addition, Plaintiff charged
Defendant for work that was defective and not in accordance with industry standards.
BOYD & JENERETTE, P.A.
800 N. Magnolia Ave., Suite 430
Orlando, Florida 32803
Phone: 407-309-4760
Facsimile: 407-309-4761
bschulman@boydjen.com
rknight@boydjen.com
kmccabe@boydjen.com
/s/ Beth-Ann Schulman
______________________________
BETH-ANN SCHULMAN
Fla. Bar No.: 0108261
RYAN G. KNIGHT
Fla. Bar No.: 091503
Counsel for Yi T. Hsu
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CASE NO.: 2017-CA-008091-O
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that we electronically filed the foregoing with the Clerk of
Courts via the eFiling Portal, and a copy was served via electronic mail to Barry Kalmanson, Esq.,
500 North Maitland Ave., Ste. 305, Maitland, FL 32751 bk@barrykalmanson.com;
pjsugg@barrykalmanson.com this 29th day of November, 2017.
/s/ Beth-Ann Schulman
________________________________
BETH-ANN SCHULMAN
Fla. Bar No.: 0108261
RYAN G. KNIGHT
Fla. Bar No.: 091503
02401547 5
Preview
Filing # 64758874 E-Filed 11/29/2017 08:58:24 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA BOOTH’S COBBLESTONES, INC., a Florida Case No: 2017-CA-008091-O corporation, Plaintiff, v. YI T. HSU, a married woman, Defendant. YI T. HSU’S ANSWER & AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT Defendant, YI T. Hsu, by and through its undersigned counsel, hereby files its answer and affirmative defenses and states: 1. Denied. 2. Admitted 3. Without knowledge, therefore, denied. 4. Admitted that the home located at 5054 is owned by Defendant. 5. Denied. 6. Denied. 7. Denied. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. 02401547 CASE NO.: 2017-CA-008091-O 12. Denied. 13. Denied. 14. Admitted that Defendant entered into a contract with Plaintiff, the terms of which speak for themselves. Otherwise, denied. 15. Denied. 16. Denied. 17. Without knowledge, therefore, denied. 18. Without knowledge, therefore, denied. 19. Denied. 20. Denied. 21. Denied. 22. Denied. 23. Denied. 24. Without knowledge, therefore, denied. 25. Denied. 26. Denied. 27. Denied. 28. Admitted that Plaintiff served a Final Payment Affidavit to undersigned’s office. Denied that service on the undersigned was proper service under Fl. Stat. Chapter 713. 29. Admitted that a Contractor’s Final Payment Affidavit is attached as Exhibit F. Denied that the Affidavit was properly served. 30. Admitted that Plaintiff served a Final Payment Affidavit to undersigned’s office. Denied that service on the undersigned was proper service under Fl. Stat. Chapter 713. 02401547 2 CASE NO.: 2017-CA-008091-O 31. Admitted. 32. Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied. 37. Admitted. Defendant hereby denies all requests for relief as requested in Plaintiff’s Wherefore clause and demands judgment for relief as requested herein including attorneys’ fees and costs pursuant to the Fl. Stat. Ch. 713 and the agreement between the parties. PRAYER FOR JURY TRIAL Defendant hereby requests a trial by jury. AFFIRMATIVE DEFENSES 1. Defendant affirmative states that Plaintiff’s Complaint fails to state a cause of action. 2. Defendant affirmatively states that Plaintiff’s contract fails to meet the requirements of Fl. Stat. Ch. 713 by failing to put the requisite warnings relating to lien law. 3. Defendant affirmatively asserts that Plaintiff breached the contract first by installing the pavers in a defective manner which does not meet the standard of care. 4. Defendant affirmatively asserts that Plaintiff failed to mitigate damages. Defendant properly served a Fl. Stat. 558 Notice. By failing to repair its defective work, Plaintiff incurred unnecessary attorneys fees in bringing its affirmative action. 02401547 3 CASE NO.: 2017-CA-008091-O Plaintiff’s claim against Defendant is barred by the doctrine of unclean hands. Under Florida Law, a party has unclean hands when it has acted in bad faith, resorted to trickery or deception, been guilty of fraud, injustice, or unfairness. Peninsula Land Co. v. Howard, 6 So.2d 384, 389 (Fla. 1941). "The clean hands doctrine applies not only to fraudulent and illegal transactions, but to any unrighteous, unconscientious, or oppressive conduct by one seeking equitable interference in his own behalf... He who has acted in bad faith, resorted to trickery or deception, or been guilty of fraud, injustice, or unfairness will appeal in vain to a court of conscience, even though his wrongdoing may have kept himself strictly within the law." Goodwin v. Blu Murray Insurance Agency, Inc., 939 So.2d 1098, 1105 (Fla. 5th DCA 2006) (citing Epstein v. Epstein, 915 So.2d 1272, 1275 (Fla. 4th DCA 2005). Specifically, Plaintiff acted in bad faith by knowingly, purposely, intentionally, willfully, fraudulently, or with gross negligence (i) exaggerating its Claim of Lien by overcharging for the services and materials that were performed or provided on the property upon which it filed its lien. In addition, Plaintiff charged Defendant for work that was defective and not in accordance with industry standards. BOYD & JENERETTE, P.A. 800 N. Magnolia Ave., Suite 430 Orlando, Florida 32803 Phone: 407-309-4760 Facsimile: 407-309-4761 bschulman@boydjen.com rknight@boydjen.com kmccabe@boydjen.com /s/ Beth-Ann Schulman ______________________________ BETH-ANN SCHULMAN Fla. Bar No.: 0108261 RYAN G. KNIGHT Fla. Bar No.: 091503 Counsel for Yi T. Hsu 02401547 4 CASE NO.: 2017-CA-008091-O CERTIFICATE OF SERVICE WE HEREBY CERTIFY that we electronically filed the foregoing with the Clerk of Courts via the eFiling Portal, and a copy was served via electronic mail to Barry Kalmanson, Esq., 500 North Maitland Ave., Ste. 305, Maitland, FL 32751 bk@barrykalmanson.com; pjsugg@barrykalmanson.com this 29th day of November, 2017. /s/ Beth-Ann Schulman ________________________________ BETH-ANN SCHULMAN Fla. Bar No.: 0108261 RYAN G. KNIGHT Fla. Bar No.: 091503 02401547 5