Fort Myers, Florida: When is going to court worth just over $500? "When you're right," Mark Decherd, a recent plaintiff in a court case against one of the nation's largest homebuilders, says.
The lawsuit involved two flooded condominiums in the Belle Lago community of Estero, Florida. Dryout was initially contacted by Alex Ramirez, project manager for Toll Estero Limited Partnership, the Toll Brothers operating company for the community.
Water Damage Restoration Company Completes Dry Out Job
Dryout is a water damage restoration company that specializes in water damage, mold remediation, and flood repairs. With a nationwide network of Dryout affiliates, the company is capable of water damage jobs large and small from coast to coast. Toll Brothers had previously used Dryout services in Michigan and Florida. After hiring Dryout to mitigate the damage to the flooded units in the Bella Largo community, Toll Brothers decided to pay only half of the $1061.80 bill, despite a completed dry out job.
Decherd wasn't about to settle for a half-paid bill. "We've done over a half dozen jobs for this company in Florida and Michigan," Decherd explained. "I couldn't believe they tried to stiff us."
While other companies would write off the unpaid balance as bad debt, Decherd wasn't about to do that. "Sometimes you have to stand up for your rights. If you don't, the big boys will walk all over you," he said.
Decherd filed a lawsuit for $557.40. Upon serving the registered agent for Toll Limited Partnership, CT Corporation Systems located in Plantation, Florida, Decherd was hit with his second obstacle. CT Corp indicated that they had no record of Toll Brothers as a client. As a result, they could not render nor take service on their behalf.
Surprised, but undaunted, Decherd soon discovered the intricacies of Florida Rules of Civil Procedures. Under Chapter 48, Florida Statue and Rules 1.070, Section 2, Decherd delivered upon Bruce E. Toll, an officer of the Toll Brothers organization, a Notice of Request for Waiver of Service from Defendant.
The court, honorable Judge Leigh Frizzell Hayes presiding, recorded this motion. The case proceeded to a quick settlement in Decherd's favor with the attorney for Toll Brothers appearing via phone.
According to the Record of Agreement between Dryout Inc. and Toll Brothers, Judge Hayes noted in writing, "Rescue on Issue of CT denying it was a registered agent."
Toll Brother Homes
One of the nation's top homebuilders, Toll Brothers Homes, has settled the suit, paying the court costs along with the unpaid balance of $557.40. While fighting for what's right does take its toll, Decherd remains vigilant. "We do excellent work and deserve to be paid."
DRYOUT INC PLAINTIFF VS TOLL BROTHERS INC DEFENDANT
Case Number: 04-SC-4271 Filed Date: 10/26/2004 Disposition: Order Disposition Date: 12/1/2004
For more information about water damage repair services, visit www.dryout.net
About Dryout Inc:
Drywall Water Damage Repair
Dryout Inc. was incorporated in 1997 with a mission to serve waterlogged customers in Southern Florida. They specialize in water damage, mold remediation, and flood work. After working to dry out Florida residences and businesses, they soon found that their efforts alone were not enough. As a result, they developed a nationwide network of affiliates. Owner Mark Decherd's vision has become reality with more than 13,000 nationwide claims processed in the last two years. They have established working relationships with numerous insurance companies to help the processing of claims for water damage losses.
The Dryout network is state-of-the-art, featuring proprietary claims processing software which is used on numerous Dryout affiliate Web sites. No matter where in the country a customer resides, if they need water damage service, a Dryout affiliate is ready to serve. The customer simply fills out a form detailing the nature of their claim and hit the "submit" button. The Dryout software instantly processes the claim and routes it to the local Dryout affiliate who takes over from there.
In addition to strong relationships with all of the major insurance companies, Dryout is also an active government vendor. The Dryout name is familiar to purchasing agents as well as large corporations and individuals.
Contact:
Dryout Inc.
www.dryout.net
Mr. Mark Decherd
Phone: 239-437-7100
Fax: 239-768-3348
1415-3 Colonial Blvd.
Fort Myers, FL 33907
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