Legal Question in Business Law in Florida

My fiance approached a wedding planner to provide decorations and so four our upcoming wedding. We have since found a better wedding planner with a better package, but not before we paid $250 to the original planner as a means of showing our interest in using her. Since things have changed, we informed her that we will not be needing her services again. She said that since we made a deposit we were in a legal binding contract and that we would have to pay the entire package fee of $1219. We have refused and she has threatened to sue.
The terms of the contract is as follows:
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A 50% deposit is required to hold your day, time and package. You may receive a refund for deposit within 3 days of making it. Making any deposit is the acceptance of this contract and is binding to all parties. The remaining balance is due no more than 2 weeks before wedding date. Postponement may be possible depending upon circumstances. There is no refunds for deposits less than 2 months before wedding.
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We never paid 50% as stipulated and our wedding is August 18, 2012. We cancelled more than two months before the wedding. In good faith we have said that she can keep what we already deposited, but she still claims we must pay her off or face legal action.
Additionally, after doing some research, I found that her company was showing up as "inactive" on the Florida Department of State Division of Corporations (SunBiz) website. Subsequently I read that although such entities may enter into a contract, they cannot pursue legal action to enforce it.
So am I in the right for calling her bluff of legal action?

Asked on 6/08/12, 4:50 pm

Sanford M. Martin Sanford M. Martin, P.A.

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Based on the described facts, you should notify the company of cancellation, pay no

more, and ignore any subsequent threats re legal action. She is attempting to pressure

you to pay additional funds when you have received no services and cancelled the

contract before the deadline. It is a typical tactic of such firms who will not likely

pursue any legal action because it would fail.

Answered on 6/08/12, 5:06 pm

David Slater David P. Slater, Esq.

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I would.

Answered on 6/08/12, 6:30 pm

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