Legal Question in Business Law in Florida

A restaurant named Down to the Bone in Brandon Florida was scheduled to do catering for my wedding next week june 11th 2011. My finace and I decided to cancel the contract today since friends decided to provide the food for us. The catering service refuse to give us our share of the money we paid which is about 1400.00. The owner says he will pay us in increments over a 90 day period. We explained that we need this money today to cover other expenses. The owner offered to pay only 1000.00 as a settlement. We explained that we need all monies that has been paid to him. The contract says monies are non refundable if it's 5 days prior to event date. Since we cancelled contract today 6-1-11 and the event is 6-11-11 we should still be able to get the full refund. What should we do in a situation like this?


Asked on 5/31/11, 6:45 pm

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If the restaurant, by refusing to make a full refund, is clearing breaching a contractual agreement for the catering service, your best option for getting a full refund is likely small claims court in your county. However, that process requires 60-90 days and perhaps longer. The restaurant appears to realize your need for the funds asap and will use that lever to force a settlement from you of less than the contract amount. So, if your description of the contract is accurate, you have a legal right to a full refund, but forcing the restaurant to fully comply may require court action. You would be entitled to court costs, interests, and any other costs, but, in your situation it is still a difficult decision for you to make, considering your other priorities and the unreasonable position taken by the restaurant.

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Answered on 5/31/11, 7:38 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. It comes down to deciding (a) take the $1,000 now; (b) hopefully get paid $1,400 over 90 days; or (c) sue in small claims court for $1,400, get a judgment and hopefully collect on the judgment. If you really need the cash, the $1,000 now seems best. 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 6/01/11, 6:37 am


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