Practice Area: Contracts and agreements
Outcome: Conf. settlement agreement reached
Description: This lawsuit was instituted by the Plaintiff who sued to recover alleged unpaid wages, costs and attorneyâ€™s fees. Cause of action was alleged breach of employment contract and issuance of a bad check under Chapter 68, Florida Statutes. Defendant K.F. Management (KF) was a Florida limited liability corporation. Plaintiff and Defendant entered into an employment contract entitled â€œProduction Agreementâ€ for the recording of 20 songs to create a 6 song professional demo CD for the Defendantâ€™s daughter. Defendant cancelled the contract with the Plaintiff because the Plaintiff misrepresented himself to Defendant and Defendant did not wish to conduct any further business with him. Defendant informed the Plaintiff within reasonable time of the payment cancellation. Knowing that Defendant issued a stop-payment order on the check, Plaintiff still presented the check to the Bank of America for payment. The Plaintiff contended that the writing of a check and subsequent placement of a stop payment order was carried out by the Defendant with â€œintent to defraudâ€ the Plaintiff. The Defendant denied this allegation stating that the contract was cancelled within 24 hours of it being executed and that the Plaintiff was notified of the cancellation of the contract and of the payment within reasonable time (24 hours). Therefore, there was no â€œintent to defraudâ€ the Plaintiff. Furthermore, Defendant never received any service from the Plaintiff. Thus the standard of proof to make Â§68.065 apply had not been met. Mediation for the parties took place and resulted in a full settlement agreement.