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My Barker Cat BOONDOGGLE

Old 01-31-2019, 05:10 PM
  #41  
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The Barker round mouths will be along shortly to get this thread removed
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Old 01-31-2019, 05:10 PM
  #42  
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Originally Posted by redadele View Post
Raysmith, I am truly sorry you have to go through this. However, we only know one side of the story. Litigation is never fun for anyone but the attorneys, which I am one.

However, I would like to say this. If my client posted a claim on a public forum I would want to strangle him. There are many reason for not posting such documents, one of which is a potential negative outcome in the litigation. If that occurs there could be potential legal exposure for such actions. Just ask Yellowfin how that worked out for them. Although a litigate may have some protection/immunity in making claims within a legal filing, those may not be present once that person begins to post those same allegations on a public website.

Second, as to Count II-Civil Theft. There is absolutely no way you can prevail on this claim as it is alleged. The allegations are about Barker Boatworks, LLC but mostly stress what Kevin Barker did or did not do. In fact, it is a verbatim of what was alleged in Count I. From a purely legal standpoint, Kevin Barker and Barker Boatwords, L.L.C. are two separate legal entities. In that Count, not once did you claim that Kevin Barker was in the course and scope of his employment with Barker Boatworks, L.L.C. when he participated in these actions and inactions. Thus, as written that claim will be summarily dismissed.

Finally, I would be really surprised if this thread is not removed.

Again, Raysmith, I wish you luck and hope you get whatever you are entitled to.
Yes, OP you should fire your lawyer, he posted the complaint on this public website as well: https://records.manateeclerk.com/Cou...?myCases=False

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Old 01-31-2019, 05:15 PM
  #43  
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Is it normal to give a deposit greater than 50% of the total cost for these boat builders that sell direct to the consumer? Maybe I missed it but was there a signed contract which stipulates terms?

sorry to hear this.
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Old 01-31-2019, 05:17 PM
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AG Marine, you completely missed the point. The lawyer did not post anything. What you cited is a data base of public records created by a public agency required by First Amendment guarantees.
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Old 01-31-2019, 05:28 PM
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THATS SOME REAL SHADY STUFF RIGHT THERE. hope you get made whole again.
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Old 01-31-2019, 05:34 PM
  #46  
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Originally Posted by redadele View Post
Raysmith, I am truly sorry you have to go through this. However, we only know one side of the story. Litigation is never fun for anyone but the attorneys, which I am one.

However, I would like to say this. If my client posted a claim on a public forum I would want to strangle him. There are many reason for not posting such documents, one of which is a potential negative outcome in the litigation. If that occurs there could be potential legal exposure for such actions. Just ask Yellowfin how that worked out for them. Although a litigate may have some protection/immunity in making claims within a legal filing, those may not be present once that person begins to post those same allegations on a public website.

Second, as to Count II-Civil Theft. There is absolutely no way you can prevail on this claim as it is alleged. The allegations are about Barker Boatworks, LLC but mostly stress what Kevin Barker did or did not do. In fact, it is a verbatim of what was alleged in Count I. From a purely legal standpoint, Kevin Barker and Barker Boatwords, L.L.C. are two separate legal entities. In that Count, not once did you claim that Kevin Barker was in the course and scope of his employment with Barker Boatworks, L.L.C. when he participated in these actions and inactions. Thus, as written that claim will be summarily dismissed.

Finally, I would be really surprised if this thread is not removed.

Again, Raysmith, I wish you luck and hope you get whatever you are entitled to.

Also, nothing in my comments are legal advice, just my personal opinion.
For future reference, where do you practice..asking for a friend..
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Old 01-31-2019, 05:39 PM
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This is ganna beat the egg
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Old 01-31-2019, 05:39 PM
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Yep, Good Luck Ray, Godspeed.
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Old 01-31-2019, 05:41 PM
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oopsie
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Old 01-31-2019, 05:43 PM
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Originally Posted by Muggin Mullet View Post
Eh, Im not sure on this one tbh. A thread was deleted in record time last night just for asking for Barker was belly up. And you already have someone above putting the idea out there for the mods.

PS- It would be amazing if THT gave us some sort of credits earned from likes or contributing that we could gamble on days like this

2 threads. Both made it less than an hour each
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Old 01-31-2019, 05:45 PM
  #51  
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Careful or I will close this thread as well.
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Old 01-31-2019, 05:49 PM
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Originally Posted by AGMarine View Post
Yes, OP you should fire your lawyer, he posted the complaint on this public website as well: https://records.manateeclerk.com/Cou...?myCases=False
After clicking on the link I would't give Barker money to build me a boat and I certainly wouldn't drive in a car with him...
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Old 01-31-2019, 05:52 PM
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Sorry to hear this wasn’t resolved Ray. I hope you get back out on the water ASAP and Barker makes it right.
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Old 01-31-2019, 05:56 PM
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Originally Posted by burningdaylight View Post
I like beer.
WRONG, dude it’s “I like Turtles”, everybody likes beer.
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Old 01-31-2019, 05:57 PM
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Can we make this and the Jupiter thread stickies?
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Old 01-31-2019, 05:58 PM
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Ray is a friend of mine and has been a great contributor to THT with sharing the build of the 39’ Compmillennia and I know was equally excited to share the build of his 40’ Barker. Unfortunately Ray was put in a bad situation as Barker has not made any progress toward building the boats he took several deposits for nor has he returned any deposits so people like Ray can move on with their life and use that money towards another boat. I wish Ray the best as he tries to recoup his hard earned money.
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Old 01-31-2019, 05:59 PM
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I need more popcorn. And beer. This is awful, but I hope it works out for you OP.
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Old 01-31-2019, 06:02 PM
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Originally Posted by caracal25 View Post
After clicking on the link I would't give Barker money to build me a boat and I certainly wouldn't drive in a car with him...
I dont think they are all the same person. Maybe someone can sort through what is what...
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Old 01-31-2019, 06:05 PM
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I take it the op didn't have an attorney look over the "contract" before he handed over 250k. Might have missed it but, I didn't see a delivery date. Sounds more like a partnership with builder on the first boat that would be sold and split the profits.
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Old 01-31-2019, 06:06 PM
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This is gonna be fun. Im im
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