• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sued over a mutual & final release

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TimothyT

Junior Member
We are looking for some legal advise and also a lawyer in Florida who can help us with this.

We are a Canadian Company and were involved in a contract with a Florida company. The contract was for custom software - and over a period of several years our relationship broke down. Client claimed job was not completed and we claimed client did not pay. In 2010 client threatened to sue us and we agreed to fully & finally settle our differences and executed a mutual final release. In the release we basically said we will "supply full source code that we have developed and that is in our possession as-is with mutual acknowledgement that it is NOT complete, without warranty or any furhter obligations". at the same time we execuited the agreement we provided to the client everythign we had in our posession.

6 months later out of the blue we were served with a lawsuit claiming breach of contract on the mutual release, claiming among other things that the files we provided were not complete and that it was not suitable for their particular purpose. The lawyer who filed this is a personal friend of the client so it probabaly cost the client nothign to file this lawsuit.

In my view this law-suit is completey baseless - any reasonable person who would read the the mutual release would look at "as-is, where is with acknowledgement that it is incomplete and no warranty" and say this lawsuit has no merit.

I've had a very brief discussion with a lawyer who said that we can try for a "sham strike" and also said that that we can go for "summary judgement" - the lawyer said we will be paying several thousand dollars to try the sham strikee which may or may not work.

We have 20 days to respond to this suit - can soemone tell me:

i. Can we respond by mail or do we have to do this in person?
ii. what exactly do we have to file at this point?
iii. Do we have to have a lawyer or can we do this without a lawyer?
iv. why does it cost so much to try the sham strike? seems to me this should be a simple motion?

Any advise is greatly appreciated.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top