IN' THE CIRCUIT COURT ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI BADE COUNTY.

FLORIDA LTA LOGISTICS, INC A Florida Corporation and LESTER TRIMINO Plaintiff V ENRIQUE JOSE VARONA Defendant GENERAL JURISDICTION DIVISION CASE NO.: 11-20527 CA 21 THE ORIGINAL FILED ON:

JAN 3 - 2012
COMES NOW, the Plaintiffs, LTA LOGISTICS INC AND LESTER TRIMINO by and through undersigned counsel and files this the Plaintiffs Affirmative Defenses and would state the following: 1. That the Defendant comes before this court with unclean hands and should

therefore be barred from obtaining any recovery herein. That the Defendant signed a non disclosure and nonsoiicitation agreement in November 2009. That the Defendant breached the terms and conditions of the agreement and should therefore be barred from any recovery. That said agreement is attached as exhibit #1. 2. That the Defendant breached the terms and conditions of the nondisclosure and

nonsoiicitation agreement by virtue of Ms actions while employed with the plaintiffs competitor LandStar Transportation Logistic Inc. That said agreement is attached as exhibit #1, 3. That by virtue of the Defendant having breached the aforementioned agreement

there is a waiver and the Defendant should be barred from obtaining any recovery.

4.

That the causes of action set forth in the defendant's counter claim are barred by

the economic loss rule. The defendant is attempting to convert a breach of contract action info a tort which is prohibited by law. WHEREFORE, Ths Plaintiffs LTA LOGISTICS INC., and LESTER TRIMINO by and through undersigned counsel respectfully files these affirmative defenses

Respectfully Submitted

Scott Egleston Esquire Florida Bar Number: 883425 12000 Biscayne Blvd.., Suite 220 Miami, Florida 33181 Phone: (305) 892-8088 Facsimile: (305) 892-9562

CERTITJCATE OF SERVICE t HEREBY CERTIFY that a true a correct copy of the foregoing was forwarded to Enrique Jose Varona 14823 SW 125th Court Miami Florida 33186 on this
, 2012.

SCOTT EGLESTON