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PIAFFE PERFORMANCE, INC., and APEX STABLES, INC., Plaintiffs vs. EVERGLADES DRESSAGE, LLC, Defendant.

No. 50-2010-CA-022427
COMPLAINT FOR DAMAGES
Plaintiffs, PIAFFE PERFORMANCE, INC. and APEX STABLES, INC., by and through undersigned counsel sue the Defendant, EVERGLADES DRESSAGE, LLC and allege:
1. This is an action for damages that exceeds $15,000.00, exclusive of interest, costs and attorneys fees.
2. All conditions precedent to the bringing of this action have been fulfilled, or have otherwise been waived.
PARTIES
3. Piaffe Performance, Inc. (“Piaffe”) is a New Jersey corporation with its principal place of business located at 14 Shade Lane, Whitehouse Station, New Jersey 08889.
4. Apex Stables, Inc. (“Apex”) is a Delaware corporation with its principal place of business located at 14 Shade Lane, Whitehouse Station, New Jersey 08889.
5. Upon information and belief, Everglades is a Florida limited liability company with its principal place of business located at 3148 Grand Prix Farms Drive, Wellington, Palm Beach County, Florida 33414.
JURISDICTION AND VENUE
6. Defendant is subject to the jurisdiction of the Courts of this state and venue is proper in Palm Beach County, Florida as the transaction upon which this action is based was entered into and was performed, in whole or in part, in Palm Beach County, Florida and as the Defendant’s principal place of business is located in Wellington, Palm Beach County, Florida.
7. Furthermore, pursuant to agreements between the parties, Everglades has consented to the jurisdiction and venue of this Court. (Exhibit A at 10; and Exhibit B at 10).
GENERAL ALLEGATIONS
8. Prior to May 24, 2010, Piaffe held a 40% ownership interest in a certain bay color Oldenburg gelding, foaled in 2000, FEI Passport number 102UM36, commonly known as “Don Ulrik” (the “Horse”).
9. On May 24, 2010, Piaffe contracted with Everglades to transfer ownership of Piaffe’ s 40% ownership interest of the Horse to Everglades (the “Piaffe Contract”). A true and correct copy of the Piaffe Contract is attached hereto as Exhibit “‘A”.
10. On or about May 24, 2010, Rosalie C. Peslar, as Manager of Everglades, signed the Piaffe Contract on behalf of Everglades.
11. Pursuant to the Piaffe Contract, Everglades agreed to pay to Piaffe $130,000.00 upon execution of the Piaffe Contract and $50,000.00 on August 31, 2010 (Exhibit “‘A” at 3).
12. Pursuant to the Piaffe Contract, Everglades acknowledged that it had been, “afforded the opportunity to examine and inspect the Horse and that said Horse has been vetted. Buyer is satisfied with the results of the veterinary examination(s) and accepts the Horse in its ‘as is’ condition” (Exhibit “A” at 2).
13. Prior to May 24, 2010, Apex held a 60% ownership interest in the Horse.
On May 24, 2010, Apex contracted with Everglades to transfer ownership of Apex’s 60% ownership interest of the Horse to Everglades (the” Apex Contract”). A true and correct copy of the Apex Contract is attached hereto as Exhibit “B”.
14. On or about May 24, 2010, Rosalie C. Peslar, as Manager of Everglades, signed the Apex Contract on behalf of Everglades.
15. Pursuant to the Apex Contract, Everglades agreed to pay to Apex $370,000.00 upon execution of the Apex Contract and $100,000.00 on July 8, 2010 (Exhibit “B” at ~ 3).
16. Pursuant to the Apex Contract, Everglades acknowledged that it had been “afforded the opportunity to examine and inspect the Horse and that said Horse has been vetted. Buyer is satisfied with the results of the veterinary examination(s) and accepts the Horse in its ‘as is’ condition” (Exhibit “B” at ~ 2).
17. On May 24, 2010 (the “Date of Closing”), Everglades made payment of $130,1000.00 to Piaffe and $370,000.00 to Apex.
18. On the Date of Closing, Piaffe and Apex delivered to Everglades possession of the Horse and in all other respects fully performed their obligations under the Piaffe and Apex Contracts.
19. On the Date of Closing, Piaffe delivered to Everglades an Equine Bill of Sale related to Piaffe’ s 40% ownership interest in the Horse (the “Piaffe Bill of Sale”). A true and correct copy of the Piaffe Bill of Sale is attached hereto as Exhibit “C”.
20. On the Date of Closing, Apex delivered to Everglades an Equine Bill of Sale related to Apex’s 60% ownership interest in the Horse(” Apex Bill of Sale”) A true and correct copy of the Apex Bill of Sale is attached hereto as Exhibit “D”.
21. On July 8, 2010, Everglades did not make the final payment to Apex of $100,000.00 as required pursuant to the Apex Contract.
22. Since July 8, 2010, Apex has made repeated demands on Everglades for payment of the remaining amounts outstanding pursuant to the Apex Contract, but such demands have been refused or otherwise ignored.
23. On August 31, 2010, Everglades did not make the final payment to Piaffe of $50,000.00 as required pursuant to the Piaffe Contract.
24. Since August 31, 2010, Piaffe has made repeated demands on Everglades for payment of the remaining amounts outstanding pursuant to the Piaffe Contract, but such demands have been refused or otherwise ignored.
Count I
BREACH OF PIAFFE CONTRACT
Plaintiff, Piaffe realleges and reavers the allegations contained in paragraphs one (1) through twenty-four (24) above as though fully set forth herein and further states as follows:
25. The Piaffe Contract is a valid and enforceable contract.
26. Everglades breached the Piaffe Contract when it failed to make the August 31, 2010 payment of $50,000.00 due and owing to Piaffe.
27. As a direct and proximate result of Everglades’ breach of the Piaffe Contract, Piaffe has incurred and will continue to incur damages in excess of the minimum jurisdictional limits of this Honorable Court, the exact amount to be determined at trial.
WHEREFORE, Plaintiff, Piaffe demands judgment for damages against Defendant in an amount in excess of the minimum jurisdictional limits of this Honorable Court, the exact amount to be determined at trial plus pre and post judgment interest and the costs of this action and such other and further relief as this Honorable Court deems just and proper.
Count II
BREACH OF APEX CONTRACT
Plaintiff, Apex realleges and reavers the allegations contained in paragraphs one (1) through twenty-four (24) above as though fully set forth herein and further states as follow:
28. The Apex Contract is a valid and enforceable contract.
29. Everglades breached the Apex Contract when it failed to make the July 8, 2010, payment of $100,000.00 due and owing to Apex.
30. As a direct and proximate result of Everglades’ breach of the Apex Contract, Apex has incurred and will continue to incur damages in excess of the minimum jurisdictional limits of this Honorable Court, the exact amount to be determined at trial.
WHEREFORE, Plaintiff, Apex demands judgment for damages against Defendant in an amount in excess of the minimum jurisdictional limits of this Honorable Court, the exact amount to be determined at trial plus pre and post-judgment interest and the costs of this action and such other and further relief as this Honorable Court deems just and proper.

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Case Settled