IN THE CIRCUIT COURT OF THE NINTH ruDICIAL CIRCUIT IN AND FOR ORANGECOUNTY. FLORIDA CIVIL ACTION

SERVICE DOGS BY WARREN RETRIEVERS, INC,a Virginia Corporation, as successor in interest toGuardian 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.

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4.

5.

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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 LLPAttorneys for the Plointiffl7l4Cry Coral Parkway EastCape Coral, F'L 33904

Q39) s424733 Main

,VARO C. SANCHEZFlorida Bar No. 105539