St. Louis Record

Tuesday, October 22, 2019

St. Charles business owners allege law firm failed to properly research Florida law

By Noddy A. Fernandez | Sep 25, 2017


ST. LOUIS — Business owners from St. Charles County are suing a law firm, citing alleged negligence and legal malpractice.

American Hydraulic Services LLC, Donald Twillman, Dolores Twillman and Michael Twillman filed a complaint in the St. Louis 22nd Judicial Circuit Court against HeplerBroom LLC and Glenn E. Davis, alleging they failed its duty to exercise ordinary skill and care of a legal practitioner in advising clients in regards to properly rescinding and canceling an agreement under Florida law.

According to the complaint, the plaintiffs allege that on July 20, 2016, they were served with a summons and complaint from a lawsuit filed by Pirtek alleging breach-of-confidentiality obligations of a franchise agreement and covenants not to compete. The plaintiffs allege the defendants did not effectively or legally rescind the franchise agreement under Florida law as it related to the confidentiality and noncompete agreements. 

As a result, the plaintiffs were compelled to reach a settlement agreement with fines that prohibits them to form any competitive ownership or equity interest in the hydraulic hose business for years. 

The plaintiffs holds HeplerBroom and Davis responsible because the defendants allegedly failed to research Florida law regarding the confidentiality agreement, failed to advise clients that under Florida law rescinding a confidentiality agreement must be written and the execution of that agreement must be signed by all parties, and failed to advise clients prior to the creation of the company and operation of it as a competitor may violate the confidentiality agreement.

The plaintiffs request a trial by jury and seek judgment for special and actual damages exceeding $3.9 million, with prejudgment interest on that amount, costs of the action and other relief the court deems proper in the premises. They are represented by Larry A. Bagsby of The Bagsby Law Firm in St. Charles.

St. Louis 22nd Judicial Circuit Court case number 1722-CC11117

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Bagsby Law Firm St. Louis 22nd Judicial Circuit Court

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