What is the name of your state (only U.S. law)? Florida
I am looking for some advice/guidance in a pending lawsuit I filed in Florida
I am suing a boat club I previously belong to. Use of boats is for the paying members only. In May 2008 I purchased the remaining 3 yrs of a prepaid 5 year contract which was set to expire May 2011. The transfer and paperwork was done through the boat club with a transfer fee. Sometime in 2009, the club changed hands to new owners and a new LLC was established with a d/b/a for club name in 2008 by those owners. When ownership changed hands nothing changed but some personnel, no new contracts or mentions of this to anyone. Business was as usual including website, telephone numbers and name of credit card processing merchant name on statements.
In Oct 2010 the club's lawyer sent me a letter terminated my contract stating they had no obligation to service it as they purchased the club and franchise agreement claims they can terminate all prior prepaid contracts. Further more, I violated club policy but a guest getting into an argument with the dock master so they terminated me. I threatened to sue. After 2 months they agreed to take me back but when I called wanting to discuss this first, they did not return calls. I tired several times and emails to no availability over 2 weeks.
Fast forward: I filed lawsuit seeking damages of the pro-rated portion of my contract ($200 a month x8 remaining months) plus ($424 which is 8 months pro-rated for my annual renewal membership fee of $600) I was also seeking a 8 month proration of the new club ($6000 yr) but now realize it is a double dip and will not be allowed to recover those damages (unless someone can help) I filed for $5,000 the max allowed
my defense till this point is, I pay a yearly fee and it is billed so to my knowledge the new owners have exercised my contract with old owners. Contract is full transferable (buyer and seller). They claim franchise agreement says NO (I will ask for proof in court)
They want case dismissed as contract written with another party. They filed for dismissal but think judge did not grant nor is he giving a hearing. We did mediation last week and it was filed prior. A court date has been sent. In mediation I was willing to settle for $1000 plus cost fees. They would not over $424. (the annual fee prorated). I got a letter today from lawyer for a settlement of $650 and waiver of all legal fees (if I lose I am liable for defendants fees) Legal fees to file $390 for me.
I do not want to accept, I want to fight but will need to prove why case needs to go forward.
What can I use to provide proof for filing a claim against new owners of the club aside from asking for them to produce written proof they do not need to service contract. Being I am billed yearly for a fee (have copy of last bill in May 2010) I feel it shows they kept contract. I am one of the few members with long term contracts. They only do month to month and several ocassions they try to terminate claiming they make no money from me since not month to month till contract expires and I chose to renew on a month to month basis.
HELP...What is the name of your state (only U.S. law)?
I am looking for some advice/guidance in a pending lawsuit I filed in Florida
I am suing a boat club I previously belong to. Use of boats is for the paying members only. In May 2008 I purchased the remaining 3 yrs of a prepaid 5 year contract which was set to expire May 2011. The transfer and paperwork was done through the boat club with a transfer fee. Sometime in 2009, the club changed hands to new owners and a new LLC was established with a d/b/a for club name in 2008 by those owners. When ownership changed hands nothing changed but some personnel, no new contracts or mentions of this to anyone. Business was as usual including website, telephone numbers and name of credit card processing merchant name on statements.
In Oct 2010 the club's lawyer sent me a letter terminated my contract stating they had no obligation to service it as they purchased the club and franchise agreement claims they can terminate all prior prepaid contracts. Further more, I violated club policy but a guest getting into an argument with the dock master so they terminated me. I threatened to sue. After 2 months they agreed to take me back but when I called wanting to discuss this first, they did not return calls. I tired several times and emails to no availability over 2 weeks.
Fast forward: I filed lawsuit seeking damages of the pro-rated portion of my contract ($200 a month x8 remaining months) plus ($424 which is 8 months pro-rated for my annual renewal membership fee of $600) I was also seeking a 8 month proration of the new club ($6000 yr) but now realize it is a double dip and will not be allowed to recover those damages (unless someone can help) I filed for $5,000 the max allowed
my defense till this point is, I pay a yearly fee and it is billed so to my knowledge the new owners have exercised my contract with old owners. Contract is full transferable (buyer and seller). They claim franchise agreement says NO (I will ask for proof in court)
They want case dismissed as contract written with another party. They filed for dismissal but think judge did not grant nor is he giving a hearing. We did mediation last week and it was filed prior. A court date has been sent. In mediation I was willing to settle for $1000 plus cost fees. They would not over $424. (the annual fee prorated). I got a letter today from lawyer for a settlement of $650 and waiver of all legal fees (if I lose I am liable for defendants fees) Legal fees to file $390 for me.
I do not want to accept, I want to fight but will need to prove why case needs to go forward.
What can I use to provide proof for filing a claim against new owners of the club aside from asking for them to produce written proof they do not need to service contract. Being I am billed yearly for a fee (have copy of last bill in May 2010) I feel it shows they kept contract. I am one of the few members with long term contracts. They only do month to month and several ocassions they try to terminate claiming they make no money from me since not month to month till contract expires and I chose to renew on a month to month basis.
HELP...What is the name of your state (only U.S. law)?