Legal Question in Business Law in Florida

My mother and I purchased a small trucking company in June of 2009 from our employer at the time. We only had to purchase the trucks and assume the contracts that she (the former boss) had with the US Postal Service. In these contracts there is a fuel allowance for each run. The fuel term starts on July 1 and ends on June 30. When the term ended on June 30 2009, our company was $17000.00 over on fuel for the year. Our former boss told us that there was no fuel overage and showed us a letter for the previous year. We did not know how the fuel system worked so we thought that meant the current year was not over on fuel. We are going to have to pay this money back to the Post Office. Is there any legal action we can take against our former boss to recover these funds?


Asked on 4/01/11, 2:58 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I really need to ask you a question. You don't seriously believe your question can be answered without reviewing all appropriate documents, do you? How, for example, is "fuel allowance" defined. How is "run" defined? What else does the contract say (or not say)? There is no way any attorney can even begin to get their hands around your case without a detailed review, followed by an analysis. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/01/11, 3:05 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

If she made certain statements to induce you to purchase the company, and those statements turned out to be false, you may have an action for "fraudulent inducement." She may also be liable for a violation of a Florida legislative act called FDUTPA - Florida's Deceptive and Unfair Trade Practices Act. Other possible causes of action include breach of contract, breach of a fiduciary duty, and even possibly civil theft. Of course, this is all mere supposition at this point. A detailed and thorough analysis of all the pertinent documents in your case is necessary before a more definitive legal position can be claimed.

I would be happy to review anything you have. If you would like to arrange such a review, or you would like to discuss this further, please feel free to contact me at your convenience. You can call my office at 813-374-2216 or e-mail me at [email protected].

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Answered on 4/01/11, 8:21 pm


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