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My Barker Cat BOONDOGGLE

Old 02-08-2019, 06:32 AM
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Judge Sniffen?Where is Rudy?
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Old 02-08-2019, 06:34 AM
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Originally Posted by captglasshole View Post
I can't wait to pour a big ass glass of bourbon tonite and kick back and read this thread from start to finish.
Its worth the read. My wife read the entire thing and keeps asking for updates.
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Old 02-08-2019, 07:21 AM
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Originally Posted by laythewood View Post


I didn’t read the complaint, but I’m sure they plead fraud, a few torts like conversion, and promissory estoppel in the alternative. At least they should have.

Bingo. Finally, one of the (other) legal eagles here said “conversion”. That’s probably the strongest claim here. Based on the contract/agreeement, Ray delivered the money for HIS boat. If any of that money whatsoever was used for something other than HIS boat, he has a claim for conversion. If he is permitted to introduce KB’s alleged statement that the money was used for general business operations and not Ray’s specific boat, then that is pretty damning. For Ray, the most problematic aspect is that the contract/agreeement was probably too open ended; specifically, there was no time frame in the document that I saw. But if the money is gone and there is no progress on Ray’s boat (Ray’s boat specifically, not just the cat in general), then KB probably has a problem. I’m not taking sides and I feel for everyone involved, and there may not be a true winner that comes out the wash.
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Old 02-08-2019, 07:28 AM
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Originally Posted by captglasshole View Post
I can't wait to pour a big ass glass of bourbon tonite and kick back and read this thread from start to finish.
You better keep the bottle handy.
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Old 02-08-2019, 08:08 AM
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Originally Posted by SaltyRhino View Post
You better keep the bottles handy.
Fixed it for ya
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Old 02-08-2019, 08:23 AM
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Originally Posted by laythewood View Post


First depends on if the complaint asked for a jury trial. Notwithstanding, Contract interpretation is an issue for a judge, not a jury, unless the contract is deemed ambiguous and they start letting in extrinsic evidence. Ray wants a jury to decide this because the equities seem to be in his favor.
this is a model of an ambiguous contract, in my opinion. so far, our enlightened and learned posters have concluded that the transaction was (a) a straight purchase, (b) a two boat purchase, (c) a partnership and (d) a lease. who the hell knows? theoretically, both parties would testify as to what the business terms were and a jury would have to sort through it.
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Old 02-08-2019, 08:25 AM
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Originally Posted by JohnM37 View Post



Bingo. Finally, one of the (other) legal eagles here said “conversion”. That’s probably the strongest claim here. Based on the contract/agreeement, Ray delivered the money for HIS boat. If any of that money whatsoever was used for something other than HIS boat, he has a claim for conversion. If he is permitted to introduce KB’s alleged statement that the money was used for general business operations and not Ray’s specific boat, then that is pretty damning. For Ray, the most problematic aspect is that the contract/agreeement was probably too open ended; specifically, there was no time frame in the document that I saw. But if the money is gone and there is no progress on Ray’s boat (Ray’s boat specifically, not just the cat in general), then KB probably has a problem. I’m not taking sides and I feel for everyone involved, and there may not be a true winner that comes out the wash.
a clarification, not HIS, but THEIR (ray's and kevin's) boat.
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Old 02-08-2019, 09:42 AM
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in. looks like a very sad situation.
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Old 02-08-2019, 09:45 AM
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Originally Posted by alacrity View Post
this is a model of an ambiguous contract, in my opinion. so far, our enlightened and learned posters have concluded that the transaction was (a) a straight purchase, (b) a two boat purchase, (c) a partnership and (d) a lease. who the hell knows? theoretically, both parties would testify as to what the business terms were and a jury would have to sort through it.
I am not a lawyer, but if I were Ray I would not want this case to be put in front of a jury.

Next time you go to lunch if you can go to a K&W. Right when you get to the point of picking up your tray turn around and look at the next 12 people in line.

How many of them do you think would be able to fully understand the ins and outs of this case?
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Old 02-08-2019, 09:52 AM
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Originally Posted by aFORDable View Post
I am not a lawyer, but if I were Ray I would not want this case to be put in front of a jury.

Next time you go to lunch if you can go to a K&W. Right when you get to the point of picking up your tray turn around and look at the next 12 people in line.

How many of them do you think would be able to fully understand the ins and outs of this case?
But I think those people would be inclined to understand paying for something and not getting it......
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Old 02-08-2019, 10:02 AM
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Originally Posted by ncor33 View Post
But I think those people would be inclined to understand paying for something and not getting it......
Exactly. Ray paid $250k and got nothing. Jury trials are a scary thing.
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Old 02-08-2019, 10:38 AM
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Originally Posted by wylie View Post
KrazyKona,

I would appreciate that u please fact check your information and not make frivolous accusations while trying to start rumors. There is enough of that already.

My attorneys are out of Miami, John Squitero of Katz Barron Squitero and Faust and co council Fred Moore out of Bradenton. John has been my personal business attorney for 30 plus years.

w
You have been cheating on me all these years!!! Oh, the pain..... good to see you post W. All the Best.
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Old 02-08-2019, 10:42 AM
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I would tee this case up immediately. This was a performance based contract. Ray performed, Kevin did not and that's all there is to it. I would also plead some equitable counts as well such as unjust enrichment. Kevin's biggest problem will be if Ray prevails on the civil theft counts he will be able to defeat the BK protections in an adversary proceeding. Can't discharge intentional torts.
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Old 02-08-2019, 10:49 AM
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Originally Posted by aFORDable View Post
I am not a lawyer, but if I were Ray I would not want this case to be put in front of a jury.

Next time you go to lunch if you can go to a K&W. Right when you get to the point of picking up your tray turn around and look at the next 12 people in line.

How many of them do you think would be able to fully understand the ins and outs of this case?
i get it, that's why i often, but not always, include a waiver of jury trials in my agreements. i don't think there is such a wavier in this case and given the ample ambiguities in the agreement a jury would have to determine what the parties intended, although this case won't make it to a jury.
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Old 02-08-2019, 11:51 AM
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Originally Posted by Brett1 View Post
I would tee this case up immediately. This was a performance based contract. Ray performed, Kevin did not and that's all there is to it. I would also plead some equitable counts as well such as unjust enrichment. Kevin's biggest problem will be if Ray prevails on the civil theft counts he will be able to defeat the BK protections in an adversary proceeding. Can't discharge intentional torts.
Treble damages and attorneys fees on a civil theft claim to boot.
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Old 02-08-2019, 12:45 PM
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Really sucks for all parties involved. I was rooting for Kevin, opening up his own business and pursuing the American dream. However if what Ray said is true, and I have no reason to think otherwise, I hope he is able to get his money back. I'm all for rooting on small business ess or any business for that matter but not one that screws people. Let's hope this thing gets turned around and everyone is made whole in the end and there is a 40' new cat floating. Good luck man
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Old 02-08-2019, 12:48 PM
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Originally Posted by captglasshole View Post
I can't wait to pour a big ass glass of bourbon tonite and kick back and read this thread from start to finish.
Who needs TV when you have this shit?
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Old 02-08-2019, 02:44 PM
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Seems Kevin got greedy could have built a cat like cayo and became richhhhhhhh.
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Old 02-08-2019, 03:14 PM
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Originally Posted by bhfishing7 View Post
Seems Kevin got greedy could have built a cat like cayo and became richhhhhhhh.
And who here would have been the wiser if the big one went through? It was a hail Mary.
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Old 02-08-2019, 03:40 PM
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Originally Posted by HOmer72 View Post
Hit to close to home, I'll comb through your 20k posts and see if you beat me at any point... you sir are what is termed as a troll on the internet and should just crawl back under the bridge.
No Homer, that would be you.
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