Real Estate Contract Victory

This past June (2018), Mackey Law Group lawyers were in court again, trying a hotly contested real estate related case. See the below portion of the 19-page Sarasota Circuit Court ruling. Once again, Mackey Law Group has attained justice for our clients, overcoming the various tactics of the defendants and their “Board Certified in Business Litigation” Sarasota lawyer. If you find yourself in the unfortunate position of being on the wrong end of a contract and ensuing sharp litigation tactics, give us a call. Our lawyers go to court and win.

IN THE TWELTH JUDICAL CIRCUIT COURT

IN AND FOR SARASOTA COUNTY, FLORIDA

 

EDUARDO MARTINEZ and                            Case No.: 2016-CA-4573-NC

AMANDA MARTINEZ

Plaintiffs                                                     Circuit Civil Division E

v.

DANIEL L. VENTURA and DIANE

G. VENTURA

______________________________

 

DANIEL L. VENTURA                                            Consolidated Case

Plaintiff,

v.

EDUARDO MARTINEZ and

AMANDA MARTINEZ

Defendants.

FINAL JUDGMENT

BEFORE THE COURT is the trial in this matter.  The operative pleadings are Edwardo Martinez’s and Amanda Martinez’s Third Amended Complaint, and Daniel L. Ventura’s and Diane G. Ventura’s Answer to Third Amended Complaint, both of which were filed in case number 2016-CA-4573-NC.  Also before the Court for trial are Mr. Ventura’s Complaint, and the Martinezes’ Answer to Complaint, both of which were filed in case number 2017-CA-993-NC.  Previously, the Court consolidated the -993 action into the -4573 action.

      …………………………….

Conclusion

The Court finds that Mr. Martinez and Amanda Martinez prevailed against the Venturas on their unjust enrichment and restitution claims but not on their civil theft claim.  Damages under both unjust enrichment and restitution are the same.  The Court further finds that Mr. Ventura did not prevail on his defamation claims against either Amanda Martinez or Mr. Martinez.

IT IS THEREFORE ORDERED AND ADJUDGED:

 

  1. On Eduardo Martinez’s and Amanda Martinez’s affirmative claims against Daniel L. Ventura and Diane G. Ventura – Plaintiff’s Eduardo Martinez and Amanda Martinez, jointly and severally, shall recover from Defendant’s Daniel L. Ventura and Diane G. Ventura, joint and severally, the principal sum of $60,000, with prejudgment interest in the amount of $8,651.51, making a total of $68,651.51, that shall bear interest at the legal rate pursuant to section 55.03, Florida Statutes, for which sum let execution issue.
  2. On Daniel Ventura’s affirmative claims against Amanda Martinez – Plaintiff Daniel Martinez take nothing by this action and that Defendant Amanda Martinez shall go hence without day.
  3. On Daniel Ventura’s affirmative claims against Eduardo Martinez – Plaintiff Daniel Martinez take nothing by this action and that Defendant Eduardo Martinez shall go without day.
  4. Jurisdiction is reserved to award attorney fees or costs or both, if any.

DONE AND ORDERED in chambers in Sarasota County, Florida, on July 2, 2018.

__________/S/____________

Hunter W. Carroll, Circuit Judge

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of the foregoing has been furnished by First Class U.S. Mail on 7/2/18 to:

Peter J. Mackey, MACKEY LAW GROUP, P.A., 1402 Third Avenue West Bradenton, FL 34205, pmackey@mackeylaw.com ,  tsmith@mackeylaw.com   Attorneys for Eduardo and Amanda Martinez 

Harry W. Haskins, HASKINS LAW FIRM, 3400 S. Tamiami Trial, Ste. 201 Sarasota, FL 34239,hwh@haskinslawfirm.com , Attorneys for Daniel and Diane Ventura

                _______/S/_____

Judicial Assistant