In A First... Private Company In Cuba Wins US$85,004.63 Default Judgement Against Miami Food Exporter.
/IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 502024CA000747XXXAMB
DANAOUS SRL, Plaintiff, vs. OVERSEAS OF THE AMERICAS (USA) CORP., Defendant.
COMPLAINT: Plaintiff, Danaous SRL ("Plaintiff'), by and through undersigned counsel, hereby sues Defendant, Overseas of The Americas (USA) Corp. ("Defendant') and alleges:
JURISDICTION, VENUE, AND THE PARTIES
This is an action for damages in excess of $50,000.00 exclusive of interest, attorney's fees, and costs.
Plaintiff is a foreign company based in Habana, Cuba.
Defendant is a Florida corporation with its principal place of business located in West Palm Beach, Florida.
Venue is appropriate in Palm Beach County, Florida because the transactions at issue occurred in Palm Beach County, and the causes of action accrued in Palm Beach County.
This Court has personal jurisdiction over Defendant because, among other things, it engages in substantial and not isolated activity within Florida. In addition, Defendant personally, or through its agents, operates, conducts, engages in, or carries on a business or business venture in this state, andIor committed a tortious act within this state.
BACKGROUND ALLEGATIONS
On August 3, 2023, Plaintiff and Defendant entered into an Agreement for the Purchase and Sale of Food Products (the "Agreement'). A copy of the Agreement is attached as Exhibit A.
Pursuant to the Agreement, Defendant sold Plaintiff two containers of chicken leg quarters (the "Products') for $84,000.00.
Plaintiff prepaid Defendant for the Products.
According to Section 7 of the Agreement, "[Defendant] will be one hundred percent (100%) responsible for the shipment upon delivery to the Port of Mariel, Cuba.' Id. at § 7.
The Products are currently on hold at the Port of Mariel, Cuba, but Defendant has failed and refused to deliver the Products to Plaintiff.
Defendant has and continues to have complete control over the Products.
Plaintiff has contacted Defendant multiple times regarding the release of the Products, but Plaintiff has failed and refused to deliver the Products.
All conditions precedent to maintaining this action have been performed, satisfied, excused, waived, or would be futile.
COUNT I - BREACH OF CONTRACT
Plaintiff incorporates and re-alleges paragraphs 1 - 13 of this Complaint as though fully set forth herein.Plaintiff and Defendant entered into a valid and binding contract. See Ex. A.Notwithstanding Plaintiff's performance under the Agreement, including prepaid for the Products, Defendant breached the Agreement by failing to deliver the Products to Plaintiff.Accordingly, Defendant is in breach of the Agreement.As a direct and proximate result of Defendant's breach, Plaintiff has suffered damages.WHEREFORE, Plaintiff demands judgment against Defendant for damages, together with prejudgment and post judgment interest, costs, and for such other relief as the Court deems just and proper.
01/25/2024 CIVIL COVER SHEET
01/25/2024 COMPLAINT F/B PLT
01/29/2024 DIVISION ASSIGNMENT AD: Circuit Civil Central - AD (Civil)
01/29/2024 PAID $401.00 ON RECEIPT 5192743 $401.00 5192743 Fully Paid
01/29/2024 DCM DESIGNATION TO THE STREAMLINE TRACK WITH NON-JURY TRIAL ORDER JAIMIE R. GOODMAN
01/29/2024 SUMMONS ISSUED ksuarez@legalteamservices.com;k.suarez16@yahoo.com;mdiaz@legalteamservices.com OVERSEAS OF THE AMERICAS (USA) CORP.
01/31/2024 PAID $10.00 ON RECEIPT 5197048 $10.00 5197048 Fully Paid
02/08/2024 SERVICE RETURNED (NUMBERED) VERIFIED RETURN OF SERVICE SERVED OVERSEAS OF THE AMERICAS (USA) CORP - 02/02/2024
02/20/2024 RESPONSE TO: TO ALLEGATIONS F/B DFT PRO SE TO ALLEGATIONS F/B DFT PRO SE
02/28/2024 MOTION TO STRIKE MOTION TO STRIKE DEFENDANT'S RESPONSE & MOTION FOR JUDICIAL DEFAULT
03/06/2024 NOTICE OF HEARING NOTICE OF ZOOM HEARING 04/11/2024 08:30:00 AM
03/06/2024 NOTICE OF HEARING AMENDED NOTICE OF ZOOM HEARING 04/11/2024 08:30:00 AM
04/12/2024 ORDER GOODMAN DTD 04/12/2024 MOTION TO STRIKE IS GRANTED AS A CORPORATE ENTITY MUST BE REPRESENTED BY COUNSEL GOODMAN DTD 04/12/2024 MOTION TO STRIKE IS GRANTED AS A CORPORATE ENTITY MUST BE REPRESENTED BY COUNSEL
05/13/2024 MOTION TO DISMISS PLT'S COMPLAINT - F/B DFT
06/03/2024 ORDER DENYING MOTION J GOODMAN DTD. 6/3/24 DENYING DEFTS MOTION TO DISMISS COMPLAINT
06/10/2024 ANSWER & AFFIRMATIVE DEFENSES TO PLAINTIFFS COMPLAINT FILED BY DFT
07/01/2024 REQUEST TO PRODUCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
07/01/2024 NOTICE OF FILING INTERROGS NOTICE OF SERVING
07/13/2024 MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEPOSITION DATES AND REQUEST FOR ATTORNEY'S FEES
07/22/2024 NOTICE OF TAKING DEPOSITION NOTICE OF TAKING DEPOSITION CORPORATE REPRESENTATIVE OF OVERSEAS OF THE AMERICAS (USA) CORP 09/25/2024 01:00:00 PM
07/25/2024 MOTION TO WITHDRAW MOTION TO WITHDRAW AS COUNSEL OF RECORD
07/26/2024 CONSENT CONSENT TO WITHDRAW AS COUNSEL
07/30/2024 NOTICE OF HEARING NOTICE OF ZOOM HEARING 08/28/2024 08:30:00 AM
08/13/2024 ORDER GRANTING WITHDRAW GOODMAN; IS GRANTED; JEFFREY HARRINGTON IS PERMITTED TO WITHDRAW AS TO DFT OVERSEAS OF THE AMERICA CORP DTD 8/13/2024
08/14/2024 NOTICE OF CANCELLATION NOTICE OF CANCELLATION OF HEARING 08/28/2024
09/17/2024 MOTION FOR DEFAULT MOTION FOR JUDICIAL DEFAULT AMERICAS (USA) CORP JUDICIAL COURT
09/17/2024 NOTICE OF HEARING NOTICE OF ZOOM HEARING 10/16/2024 08:30:00 AM
10/17/2024 ORDER GRANTING MOTION FOR JUDICIAL DEFAULT: GRANTED. DEFAULT IS HEREBY ENTERED AGAINST DFT OVERSEAS OF THE AMOERCAS [USA] CORP. JUDGE GOODMAN DTD 10/17/24 MOTION FOR JUDICIAL DEFAULT: GRANTED. DEFAULT IS HEREBY ENTERED AGAINST DFT OVERSEAS OF THE AMOERCAS [USA] CORP. JUDGE GOODMAN DTD 10/17/24
10/21/2024 NOTICE OF HEARING NOTICE OF ZOOM HEARING 11/07/2024 08:30:00 AM
10/21/2024 MOTION FOR FINAL JUDGMENT PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT
11/08/2024 FINAL JUDGMENT BOOK 35382 PAGE 1654-1656 J GOODMAN DTD. 11/8/24 MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT IS GRANTED SHALL RECOVER TOTAL OF $85,004.63 FOR WHICH LET EXECUTION ISSUE. DJ
11/08/2024 DISPOSED BY JUDGE DJ - DISPOSED BY JUDGE
11/14/2024 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE
12/18/2024 NOTICE OF FILING FACT INFORMATION SHEET F/B DFT
LINK To Complaint
LINK To Plaintiffs Motion For Entry Of Default Final Judgement
LINK To Notice Of Service Fact Information Sheet
