**** CASE NUMBER: 502023CA000730XXXXMB Div: AI ****

Filing # 165535042 E-Filed 01/26/2023 01:55:19 PM

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR, PALM BEACH COUNTY, FLORIDA

THE LAW OFFICES OF NELLIE L. KING,

P.A.

Plaintiff,
CIVIL DIVISION
vs. CASE NO.:

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TIMOTHY FERRITER, individually,

Defendant.

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COMPLAINT

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COMES NOW the Plaintiff, The Law Offices of Nellie L. King, P.A. (“Firm”), by and

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through its undersigned counsel, and hereby files its Complaint against, TIMOTHY FERRITER
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(“FERRITER”), and alleges:

INTRODUCTION
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1. This is an action stemming from Defendant’s breach of a Representation

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Agreement and related claims, in excess of $50,000.00, exclusive of costs and attorneys’ fees.

2. Defendant retained Firm to represent him in the criminal case, State of Florida v.
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Timothy Ferriter (Case No.: 2022CF001136BXX); and the companion dependency case, In the
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Interest of F.F, R.F, N.F & P.F. (Case No.: 2022DP000062), and related matters. The attorneys’
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fees and costs which are the subject of this action were earned by Firm during said representation.
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PARTIES, JURISDICTION, and VENUE

3. Plaintiff, Firm, is a Florida corporation and a law firm consisting of attorneys

licensed to practice law in the State of Florida, with its office located in Palm Beach County,

Florida.

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 01/26/2023 01:55:19 PM
The Law Offices of Nellie L. King, P.A. v. Timothy Ferriter
Complaint

4. Defendant, Ferriter, is an individual who at all relevant times hereto owned real and

personal property, resides in Palm Beach County, Florida, and is sui juris in all respects.

5. Venue is proper in Palm Beach County, Florida, pursuant to §47.011, Florida

Statutes (2019) as significant and material transactions and occurrences giving rise to the causes

of action alleged herein occurred or transpired in Palm Beach County, Florida.

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GENERAL ALLEGATIONS

6. On or about March 23, 2022, Firm and Ferriter entered into a contract with Firm

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providing legal defenses in the criminal and companion civil cases referenced above. A true and

correct copy of the contract, captioned “Representation Agreement” is attached hereto as “Exhibit

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A.”

7.
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Pursuant to the Agreement Ferriter entered into on March 23, 2022, Ferriter
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obligated himself to pay a phased, non-refundable, flat fee of $125,000.00 (“Total Fee”) to the
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Firm upon execution of the Agreement.

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8. The Agreement called for the payment of the Total Fee in several installments, with

the last of said installments, for $62,500.00, due and owing on December 1, 2022.
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As the Agreement clearly states, the Total Fee was non-refundable, regardless of whether the

Firm finished the case(s) through trial.

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9. After entering into this Agreement, Firm began representing Ferriter, and worked
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diligently and vigorously to obtain the factual and legal information necessary to pursue the

defense of the pending cases.

10. On or about October 17, 2022, Ferriter retained new counsel to represent him in the

cases and has refused to pay the final installment of $62,500.00 required under the terms of the

Agreement. See Invoice attached hereto as “Exhibit B”.

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The Law Offices of Nellie L. King, P.A. v. Timothy Ferriter
Complaint

11. The Agreement further provides that any unpaid amounts due under the Agreement

shall accrue interest at the rate of 1.5% per month as to the outstanding balance. Interest has been

accruing on this amount since December 1, 2022 ($30.24 per day).

12. Despite numerous demands by Firm, Ferriter has been delinquent in making

payment for the services performed by Firm since December 1, 2022, and has continued to fail to

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pay for services rendered in accordance with its obligations.

13. Defendant further agreed, by the terms of the contract, that Firm is entitled to an

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award of attorneys’ fees and costs from Defendant in connection with the filing of this lawsuit.

14. Defendant has breached his duty to his lawyer, Firm, by failing to pay it for legal

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services as he had promised to do. As such, there is no lawyer-client privilege as to
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communications relevant to this issue pursuant to Florida Evidence Code § 90.502(4)(c).
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15. All conditions precedent to the filing of this action have been satisfied.
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COUNT I – BREACH OF CONTRACT

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16. Plaintiff restates and realleges the allegations contained in Paragraphs 1 through 15

as if set forth fully herein.

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17. On March 23, 2022, Defendant entered into a valid contract with Firm for legal

representation.
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18. Firm worked diligently on behalf of Ferriter by providing legal services in

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accordance with the terms of the contract.

19. Ferriter failed to make all payments due for said legal services repeatedly in breach

of said contract.

20. Firm did all, or substantially all, of the significant things the contract required of it,

or was excused from doing those things.

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The Law Offices of Nellie L. King, P.A. v. Timothy Ferriter
Complaint

21. All the conditions precedent to Defendant’s performance on the Agreement had

occurred or been waived.

22. As a result of Defendant’s breaches, Firm has suffered damages, because it has not

been able to collect the fees owed to it for its representation and it has not received the funds to

pay for the costs incurred through the litigation.

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WHEREFORE, the Plaintiff, Firm, demands judgment against the Defendant, for

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damages, prejudgment interest, interest in accordance with the terms of the contract, attorney’s

fees and costs in accordance with the terms of the contract, and such other and further relief as this

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Court deems just and proper.

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COUNT II – OPEN ACCOUNT
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23. Plaintiff restates and realleges the allegations contained in Paragraphs 1 through 15
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as if set forth fully herein.

24. On March 23, 2022, Ferriter entered into a valid contract with Firm for legal
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representation.
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25. Pursuant to the terms of that contract, Defendants owes Firm $62,500.00 that is
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due, with interest at a rate of 1.5% per month, beginning from December 1, 2022.
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WHEREFORE, the Plaintiff, Firm demands judgment against the Defendant, for
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damages, prejudgment interest, interest in accordance with the terms of the contract, and such other

and further relief as this Court deems just and proper.

COUNT III – ACCOUNT STATED

26. Plaintiff restates and realleges the allegations contained in Paragraphs 1 through 15

as if set forth fully herein.

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The Law Offices of Nellie L. King, P.A. v. Timothy Ferriter
Complaint

27. Before the institution of this action, Firm and Defendant had business transactions.

28. After executing the parties’ Agreement, Firm diligently represented Ferriter in the

companion cases, however Ferriter failed to pay the final installment of the non-refundable earned

fee of $125,000.000, such that Ferriter still owes Firm $62,500.00 since December 1, 2022, plus

interest at a rate of 1.5% per month as described in the Agreement.

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WHEREFORE, the Plaintiff, Firm, demands judgment against the Defendant, for

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damages, prejudgment interest, interest in accordance with the terms of the contract, attorneys’

fees and costs, and such other and further relief as this Court deems just and proper.

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Dated this 26th day of January, 2023.
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REID BURMAN LEBEDEKER XENICK PEPIN
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Counsel for Plaintiff
250 South Australian Avenue, Suite 602
West Palm Beach, FL 33401
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(561) 659-7700 – Ph
(561) 659-6377 – Fx
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By _/s/ Jeffrey C. Pepin, Esq.__

Jeffrey C. Pepin, Esq.
FBN: 416304
jcp@reidburmanlaw.com
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EXHIBIT B D
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November 28, 2022

Timothy Ferriter at tdunneferriter@gmail.com

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INVOICE
RE: Ferriter matter

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Installment payment due on December 1, 2022, for Attorney services per
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Representation Agreement dated 3/23/22.
• Please note, any unpaid bill will incur interest at the rate of 1-1/2% per
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month (18% annum).

Please remit payment and thank you.

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