IN THE CIRCUIT COURT OF THE NINTH ruDICIAL CIRCUIT IN AND FOR ORANGE

COUNTY. FLORIDA CIVIL ACTION

SERVICE DOGS BY WARREN RETRIEVERS, INC,
a Virginia Corporation, as successor in interest to
Guardian Angel Service Dogs, Inc.
Plaintiff,
vs.
JOEL FLORES and JOVANNA FLORES,
CASE NO.:
Defendants.
COMPLAINT
COMES NOW the Plaintifl SERVICE DOGS BY WARREN RETRIEVERS, INC., by
and through undersigned counsel, and states as follows:
GENERAL ALLEGATIONS
1. Plaintiff, SERVICE DOGS BY WARREN RETRIEVERS, INC., (hereinafter "Plaintiff'
or
o'SD"),
is the successor in interest of Guardian Angel Service Dogs, Inc.
Defendants, JOEL FLORES and JOVANNA FLORES, (hereinafter "Defendants" or
"Dollar Family") are residents of Orange County, Florida.
This action is for damages greater than $15,000.00.
COTJNT I
(Breach of Contract)
The Plaintiffrealleges paragraphs I through 3 above.
The Plaintiff and the Defendants signed and agreed to a contract for the sale of one (1)
Labrador Retriever puppy, identification number 074*285*352, at a purchase price of
eighteen thousand eight hundred and seventy five dollars ($18,875.00) ("Contract"). A
2.
a
J.
4.
5.
llEF+t-F-
if --
copy ofthe Contract is attached hereto and incorporated herein as Exhibit
"A".
6. Under the Contract, Defendants were to make installment payments until full payment
was tendered, subject to a 6.0Yo per annum interest rate on the unpaid balance. See
Section II.B. of Exhibit
(A"..
7. Section II.B of the contract further states that failure to make payments of any
installments qualifies as a default under the contract, making the entire obligation
immediately due. The same section goes on to speciff that a late payment fee equal to
10% of the amount of the late payment may be charged to the buyer. In addition, Section
II.B.4.ii, titled "Attorney's Fees", designates that the "buyer agrees to pay all the costs
and expenses incurred by Guardian Angel in collecting the indebtedness evidenced by
this agreement." See Section II.B. of Exhibit
"A"..
8. Defendants have a past due balance of $17,538.60 and have breached their contractual
obligations by failing to make payments as specified under the terms of the contract. See
Accounts Receivable attached hereto and incorporated herein as Exhibit
(8".
9. Plaintiff has provided Defendants notice of default and has given them an opportunity to
cure; however, Defendants have refused to do so.
10. Plaintiffhas been damaged by Defendants' breach.
11. Plaintiffhas retained the law firm of Burandt, Adamski and Feichthaler, P.L. and has
agreed to pay them reasonable attorney's fees.
12. All conditions precedent or subsequent have all been met or waived.
WHEREFORE, Plain
-aands
judgment
against Defendants for damages, interests, fines,
attorney's fees, costs,ad any firrther relief that Court deems
just
and proper.
Respectfully subrnitted *, I lrlday of Febmary 2014.
BIJRA}.IDT, ADAMSKI & FEICI{THALER LLP
Attorneys
for
the Plointiff
l7l4Cry Coral Parkway East
Cape Coral, F'L 33904
Q39)
s424733 Main
,VARO C. SANCHEZ
Florida Bar No. 105539