Filing # 111904269 E-Filed 08/17/2020 12:44:51 PM

IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION

SEAFARER EXPLORATION CORP.,

Plaintiff,

v. Case No. 20-CA-0003434

Division: A

MICHAEL TORRES
Defendant.

CLEARTRUST, LLC
Third Party Respondent

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

For his Answer and Affirmative Defenses to Plaintiff Seafarer Exploration Corp’s

Complaint, Defendant Michael Torres responds to the allegations in each corresponding

paragraph of the Amended Complaint as follows:

JURISDICTION AND VENUE

1. Admitted to the extent that Plaintiff has plead damages in excess of the

jurisdictional limit.

2. Denied.

3. Admitted to the extent that the address listed is Plaintiff’s corporate

address.

4. Admitted.

5. Admitted to the extent that this Court has venue over the cause of action

6. Admitted that jurisdiction is appropriate in this Court.

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 THE PARTIES

7. Admitted.

8. Admitted.

9. Admitted

10. Admitted.

FACTS APPLICABLE TO COUNTS

11. Admitted.

12. Denied.

13. Denied.

14. Denied.

15. Admitted to the extent that Torres represented his military service, Denied

as to all other allegations in this paragraph.

16. Denied.

17. Denied.

18. Denied.

19. Denied.

20. Denied.

21. Denied.

22. Denied.

23. Denied.

24. Denied to the extent that Defendant did not make any knowingly false

representations to Plaintiff.

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 25. Denied to the extent that Defendant is unaware of any reliances made by

Plaintiff and its agents.

26. Denied.

27. Denied to the extent that this allegation of Mr. Torres’s educational record

does not represent what Mr. Torres disclosed to Plaintiff.

28. Denied.

29. Denied.

30. Denied to the extent that Defendant has not been made privy to the alleged

public information request documentation as referenced.

31. Denied.

32. Denied to the extent that Defendant is unaware of the exact measure of

compensation he received from Plaintiff.

33. Denied to the extent that Defendant is unaware of the exact measure of

shares of common stock he received from Plaintiff.

34. Denied.

35. Denied.

36. Denied.

37. Admitted to the extent that a civil theft letter was served upon Defendant;

Denied as to any allegation of damages inside said civil theft letter.

38. Denied.

39. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

40. Denied.

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 COUNT 1- FRAUD IN THE INDUCEMENT

41. Defendants re-allege and incorporate herein the responses to paragraphs 1-

40.

42. Denied.

43. Denied.

44. Denied.

45. Denied.

46. Denied.

47. Denied.

48. Denied.

49. Denied.

50. Admitted to the extent that Torres made public representations on behalf

of Seafarer, Denied as to any allegations that he made materially false

statements.

51. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

52. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

53. Denied as to any allegation that Torres’s statement contained materially

false statements.

54. Denied.

55. Denied.

56. Denied.

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 57. Denied.

58. Denied.

59. Denied.

60. Denied.

61. Denied to the extent that Defendant is not privy to any record garnered

from the National Personnel Military Records Center, and Denied as to

Defendant making any materially false statements.

62. Denied.

63. Defendant is without knowledge as to the truth of the fact alleged in

regards to Defendant’s compensation and therefore it is Denied.

64. Defendant is without knowledge as to the truth of the fact alleged in

regards to the common stock and therefore it is Denied.

65. Denied.

66. Denied.

67. Denied.

WHEREFORE, Defendant denies that Plaintiff is entitled to the relief

sought via this Count.

COUNT II- FRAUD

68. Defendants re-allege and incorporate herein the responses to paragraphs 1-

22.

69. Denied.

70. Denied.

71. Denied.

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 72. Denied.

73. Denied.

74. Denied.

75. Denied.

76. Denied.

77. Denied.

78. Denied.

79. Denied.

80. Denied.

81. Denied.

82. Denied.

83. Denied.

84. Denied.

85. Denied.

86. Denied.

87. Denied.

88. Denied.

89. Denied.

90. Defendant is without knowledge as to the truth of the fact alleged in

regards to Defendant’s compensation and therefore it is Denied.

91. Defendant is without knowledge as to the truth of the fact alleged in

regards to the common stock and therefore it is Denied.

92. Denied.

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 93. Denied.

94. Denied.

WHEREFORE, Defendant denies that Plaintiff is entitled to the relief

sought via this Count.

COUNT III- CIVIL THEFT

95. Defendant re-alleges and incorporates herein the responses to paragraphs

1-22.

96. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

97. Denied.

98. Denied.

99. Denied.

100. Denied.

101. Denied.

102. Denied.

103. Denied.

104. Denied.

105. Denied.

106. Denied.

107. Denied.

108. Denied.

109. Denied.

110. Denied.

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 111. Denied.

112. Denied.

113. Denied to the extent that this is a false allegation as to what Defendant

represented to Plaintiff.

114. Denied.

115. Denied.

116. Denied.

117. Denied.

118. Defendant is without knowledge as to the truth of the fact alleged in

regards to the amount of compensation he earned and therefore it is

Denied.

119. Defendant is without knowledge as to the truth of the fact alleged in

regards to the amount of common stock and therefore it is Denied.

120. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

121. Denied.

122. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

123. Denied.

124. Denied.

125. Denied.

126. Admitted to the extent that Plaintiff has made a demand via civil theft

letter.

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 127. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

128. Denied.

129. Denied.

130. Admitted to the extent that statutory damages are awarded to whomever

prevails under a civil theft statute.

WHEREFORE, Defendant denies that Plaintiff is entitled to the relief

sought via this Count.

COUNT IV-FOR IMMEDIATE AND PERMANENT INJUNCTIVE RELIEF

131. Defendants re-allege and incorporate herein the responses to paragraphs 1-

22.

132. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

133. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

134. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

135. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

THE INJURY COMPLAINED OF IS IMMINENT AND ONGOING

136. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

137. Denied.

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 NECESSITY OF BOND

138. Denied.

139. Defendant is without knowledge as to the truth of the fact alleged and

therefore it is Denied.

STATEMENT OF AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

Plaintiff’s Complaint fails, in whole or in part, to state a claim upon which relief

may be granted. The baseline elements for fraud, fraud in the inducement, and civil theft

have not been vested, namely the intent requirements for each of those disparate claims.

Plaintiff has failed to assert any intent on the Defendant’s behalf to engage in any

knowingly fraudulent or illegal behavior.

SECOND AFFIRMATIVE DEFENSE

Defendant asserts that any injury to the Plaintiff, which Defendant denies

occurring, is not imminent and ongoing, and therefore there is no necessity for a bond or

any type of immediate and permanent injunctive relief without a hearing on the matter

wherein the Court must view the facts in the light most favorable to the non-moving

party. Plaintiff has suffered no losses in relation to Defendant’s conduct and term of

employment with Plaintiff, and as such is not entitled to the relief sought herein.

THIRD AFFIRMATIVE DEFENSE

Defendant asserts that even if he is found to be liable, the damages as alleged are

incorrect and should be reduced.

FOURTH AFFIRMATIVE DEFENSE

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 Plaintiffs claims should be barred under the equitable doctrine of unclean hands,

as Plaintiff, and Plaintiff’s Owner, have engaged in fraudulent behavior to falsely accuse

Defendant of engaging in fraudulent behavior. Plaintiff and Plaintiff’s Owner knowingly

falsified Defendant’s work record in order to attract investors to Plaintiff’s business, and

as such engaged in duplicitous behavior which is violative of state and federal law.

FIFTH AFFIRMATIVE DEFENSE

Outside of Plaintiff’s civil theft claim, Plaintiff has no entitlement to any

additional attorneys’ fees and costs in relation to the other claims plead in Plaintiff’s Civil

Complaint, as there is no statutory or contractual entitlement to attorneys’ fees in relation

to the other disparate claims plead in this matter.

SIXTH AFFIRMATIVE DEFENSE

Defendant reserves the right to assert further affirmative defenses as they become

evident through discovery.

CONCLUSION

WHEREFORE, having answered Plaintiff’s Civil Complaint and having raised

affirmative defenses, Defendant Michael Torres respectfully requests that the Court enter

an Order:

(a) dismissing Plaintiff’s Complaint with prejudice;

(b) awarding Defendant the costs and disbursements of this action, including

attorneys’ fees; and

(c) awarding Defendant such other and further relief as the Court deems just

and proper.

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 Respectfully submitted on

s/ Trescot J. Gear__________________
Trescot J. Gear, Esquire
Florida Bar No. 118216
1405 West Swann Avenue
Tampa, Florida 33606
Tel.: (904) 654-6221
Fax.: (813) 337-0243
Primary email: Trescot@gearlawllc.com
Attorneys for Defendant Michael Torres

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this day of August, 2020, a true and correct copy
of the foregoing was furnished to counsel for the Plaintiff via the Florida E-Filing Portal.

GEAR LAW, LLC

s/ Trescot J. Gear__________________
Trescot J. Gear, Esquire
Florida Bar No. 118216
1405 West Swann Avenue
Tampa, Florida 33606
Tel.: (904) 654-6221
Fax.: (813) 337-0243
Primary email: Trescot@gearlawllc.com
Attorneys for Defendant Michael Torres

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