Filing # 21411793 Electronically Filed 12/09/2014 03:29:43 PM

IN THE COUNTY COURT FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION
THE SOLOMON LAW GROUP, P.A.,
a Florida professional association,
Plaintiff,
Case No.
Div.:

v.
ROCA LABS, INC., a Florida corporation,
and DON JURAVIN, individually,
Defendants.
/
COMPLAINT

The Solomon Law Group, P.A. (SolomonLaw) sues Roca Labs, Inc., a Florida
corporation (Roca Labs), and Don Juravin, individually (Juravin) (collectively
the Defendants) and alleges:
Jurisdiction and Venue
1.

The claims and causes of action asserted herein seek relief as follows:
(a)

breach of contract; and

(b)

open account;

2.

This is an action for damages that do not exceed $15,000.00.

3.

SolomonLaw is a professional association formed according to the laws of the

State of Florida. SolomonLaws principal place of business is in Hillsborough County, Florida.

4.

Roca Labs is a Florida corporation with its principal place of business in Sarasota

County, Florida.
5.

99998.99218.7

Juravin is a resident of Sarasota County, Florida.

6.

Defendants retained SolomonLaw to provide legal services to Defendants in the

State of Florida. Defendants consented to the personal jurisdiction of the Hillsborough County
Courts in Section 5 of the Statement of Financial Policies incorporated into the underlying
Engagement Agreement between SolomonLaw and Defendants.
7.

Venue is proper in Hillsborough County because Section 5 of the Statement of

Financial Policies incorporated into the underlying Engagement Agreement between

SolomonLaw and Defendants provides inter alia that the exclusive venue for resolving disputes
concerning amounts owed to SolomonLaw shall be the courts of Hillsborough County, Florida.
Further, all relevant acts underlying this cause of action occurred in Hillsborough County,
Florida.
Facts Common to all Claims
8.

On September 27, 2013, Defendants engaged SolomonLaw to render services to,

for and on behalf of Defendants. Specifically, Defendants retained SolomonLaw and requested
SolomonLaw to represent them in connection with (a) attending a Mediation in Roca Labs, Inc.
v. Boggie Media, LLC, and (b) other legal matters as may be entrusted to SolomonLaw.
9.

On September 27, 2013, Defendants and SolomonLaw entered into an

Engagement Agreement (the Engagement Agreement) specifying, inter alia, the scope of the
representation and the terms of payment for services rendered by SolomonLaw for Defendants.
A copy of the Engagement Agreement executed by SolomonLaw and Defendants is attached
hereto as Exhibit A.
10.

From September 27, 2013 through November 13, 2014, at Defendants request,

SolomonLaw provided services to Defendants and incurred costs for, and on behalf of,
Defendants relating to various legal matters (the Legal Matters).
2
99998.99218.7

11.

During SolomonLaws representation of Defendants, SolomonLaw issued to

Defendants detailed narrative invoices reflecting fees and costs charged for legal services
rendered to, for and on behalf of Defendants in the Legal Matters (collectively the Invoices).
[The Invoices have been furnished previously to Defendants and are in Defendants possession.
The Invoices are not attached to this Complaint to avoid inadvertent disclosure of
privileged matters.]
12.

The Invoices issued by SolomonLaw to Defendants were due and payable

upon receipt.
13.

Each month during the course of the representation, SolomonLaw issued to

Defendants monthly Statements of Account reflecting the Invoices upon which there remained
unpaid fees and costs owed by Defendants for legal services rendered. Copies of the most
current Statements of Account (dated December 9, 2014) are attached hereto as Exhibit B.
14.

As of the date of this Complaint, amounts remain unpaid for the invoices dated

June 2, 2014, June 12, 2014, July 22, 2014, August 8, 2014, August 11, 2014,
September 8, 2014,
November 12, 2014,

September
December

15,
4,

2014,
2014,

October
and

9,

2014,

December

9,

November
2014

10,

2014,

(collectively

the

Outstanding Invoices).
15.

All conditions precedent to commencement of this action have been performed,

satisfied, waived or otherwise discharged.

Count I
(Breach of Contract)
16.

This is an action for damages based upon breach of a contract.

17.

SolomonLaw re-alleges and incorporates into Count I the allegations set forth in

Paragraphs 1 through 15.

3
99998.99218.7

18.

SolomonLaw has performed fully all obligations imposed upon or assumed by

SolomonLaw under the Engagement Agreement.

19.

Despite multiple demands, Defendants have failed to pay the amounts owed by

Defendants to SolomonLaw, pursuant to the Engagement Agreement.

20.

Defendants failure to pay the Outstanding Invoices constitutes a breach of the

Engagement Agreement.
21.

As a result of Defendants failure to satisfy their obligations, SolomonLaw has

been damaged.
22.

Pursuant to the Engagement Agreement, Defendants owe and are obligated to pay

to SolomonLaw the total principal sum of $13,804.65, plus interest calculated at the rate of 12%
from the 31st day after issuance of each Outstanding Invoice. The Statements of Account reflect
the current amount due and owing as $14,333.97. However, the principal sum of $13,804.65
referenced above reflects the attorneys fees and costs from the Statements of Account once the
interest reflected on the Statements of Account has been removed.
23.

SolomonLaw has retained the undersigned attorneys to represent the firm in this

collections action. SolomonLaw is entitled to recover all attorneys fees and costs incurred in
connection with this collections action pursuant to Section 5 of the Statement of Financial
Policies, attached to and incorporated into the Engagement Agreement. See Albritton v. Ferrera,
913 So. 2d 5 (Fla. 1st DCA 2005); Maulden v. Corbin, 537 So. 2d 1085 (Fla. 1st DCA 1989);
McClung v. Posey, 514 So. 2d 1139 (Fla. 5th DCA 1987); Friedman v. Backman, 453 So. 2d
938 (Fla. 4th DCA 1984); Quick & Reilly, Inc. v. Perlin, 411 So. 2d 978 (Fla. 3d DCA 1982).
WHEREFORE, SolomonLaw demands judgment against Defendants for:
(a)

damages in the principal amount of $13,804.65;

4

99998.99218.7

(b)

pre-judgment interest and post-judgment interest;

(c)

attorneys fees and costs pursuant to the Engagement Agreement; and

(d)

such other relief as may be appropriate under the circumstances.

Count II
(Open Account)

24.

This is an action for damages based upon an open account. This Count II is pled

in the alternative to Count I.

25.

SolomonLaw re-alleges and incorporates into Count II the allegations set forth

Paragraphs 1 through 15.

26.

SolomonLaw has delivered to Defendants the Outstanding Invoices as well as

Statements of Account reflecting the charges to Defendants for legal services rendered, and
expenses incurred, on Defendants behalf by SolomonLaw.
27.

Defendants have failed and refused to satisfy their obligations owed to

SolomonLaw.
28.

There is an unsettled debt between Defendants and SolomonLaw arising from

work, labor, and services delivered with the expectation of further transactions.
29. Defendants owe and are obligated to pay to SolomonLaw the principal sum of
$13,804.65, plus interest calculated at the rate of 12% from the 31st day after issuance of each
Outstanding Invoice.
30.

As a result of Defendants failure to satisfy their obligations to SolomonLaw,

SolomonLaw has been damaged.

5
99998.99218.7

Exhibit "A"

Exhibit "B"