STATE COURT COMPLAINT – BREACH OF CONTRACT

Florida Circuit Court Template
[// GUIDANCE: This template is drafted for use in any Florida Circuit Court civil action seeking damages for breach of contract. Customize bracketed items, remove guidance comments before filing, and verify compliance with local administrative orders.]

TABLE OF CONTENTS

1. Document Header (Caption)
2. Preliminary Allegations
   2.1. Parties
   2.2. Jurisdiction & Venue
3. General Allegations (Factual Background)
4. Count I – Breach of Contract
5. Count II – Injunctive Relief (Optional)
6. Conditions Precedent
7. Attorney’s Fees
8. Demand for Jury Trial / Jury Waiver
9. Prayer for Relief
10. Designation of Email Addresses
11. Certificate of Service

1. DOCUMENT HEADER (CAPTION)

IN THE CIRCUIT COURT OF THE [] JUDICIAL CIRCUIT
IN AND FOR [_____] COUNTY, FLORIDA
CIVIL DIVISION

CASE NO.: [__]

[PLAINTIFF LEGAL NAME],
Plaintiff,
v.

[DEFENDANT LEGAL NAME],
Defendant.
______/

COMPLAINT FOR BREACH OF CONTRACT
[AND DEMAND FOR JURY TRIAL]
*Delete bracketed language if the underlying contract validly waives trial by jury.*

2. PRELIMINARY ALLEGATIONS

2.1 Parties

1. Plaintiff, [PLAINTIFF], is a [corporation/LLC/individual] organized under the laws of [state] with its principal place of business in [county, state].
2. Defendant, [DEFENDANT], is a [corporation/LLC/individual] organized under the laws of [state] with its principal place of business in [county, state].
3. At all material times, Plaintiff and Defendant are sui juris.

2.2 Jurisdiction & Venue

4. This Court has subject-matter jurisdiction because the amount in controversy exceeds $50,000 exclusive of interest, attorneys’ fees, and costs. Fla. Const. art. V, § 20(c)(3).
5. Venue is proper in [__] County, Florida under Fla. Stat. § 47.011 because:
   a. The contract was executed in this county; and/or
   b. The contract was to be performed in this county; and/or
   c. Defendant’s principal place of business is located in this county.
6. Personal jurisdiction exists over Defendant pursuant to Fla. Stat. § 48.193 because Defendant [engaged in business/committed a breach] in this State.

3. GENERAL ALLEGATIONS (FACTUAL BACKGROUND)

7. On [Date], Plaintiff and Defendant entered into a written contract titled “[Contract Name]” (the “Agreement”). A true and correct copy is attached as Exhibit A and incorporated herein.
8. Under the Agreement, Plaintiff agreed to:
   a. [Summarize Plaintiff’s obligations].
9. In exchange, Defendant agreed to:
   a. [Summarize Defendant’s obligations, including payment terms].
10. Plaintiff fully performed, or was ready, willing, and able to perform, all conditions, covenants, and promises required of it under the Agreement.
11. Beginning on or about [Date], Defendant materially breached the Agreement by:
    a. Failing to pay [amount] when due; and/or
    b. [Specify other breaches—e.g., failure to deliver goods, conform to specifications, etc.].
12. As a direct and proximate result, Plaintiff has suffered damages in excess of $[__].

4. COUNT I – BREACH OF CONTRACT

(Against Defendant)

13. Paragraphs 1–12 are incorporated by reference as if fully set forth herein.
14. The Agreement is a valid, binding contract supported by adequate consideration.
15. Plaintiff performed all conditions precedent or such conditions have been waived or excused.
16. Defendant’s acts and omissions described above constitute a material breach of the Agreement.
17. Plaintiff has been damaged in the principal sum of $[__], plus prejudgment interest pursuant to Fla. Stat. § 55.03, court costs, and reasonable attorneys’ fees as provided in the Agreement.

WHEREFORE, Plaintiff respectfully requests that this Court:
a. Enter judgment against Defendant for the full amount of damages proven at trial;
b. Award prejudgment and post-judgment interest;
c. Award Plaintiff its costs and attorneys’ fees pursuant to the Agreement; and
d. Grant such other and further relief as the Court deems just and proper.

5. COUNT II – INJUNCTIVE RELIEF (OPTIONAL)

[// GUIDANCE: Include this count only if equitable relief is necessary and legally supported.]

18. Plaintiff re-alleges paragraphs 1–17.
19. Defendant’s ongoing breach will cause Plaintiff irreparable harm for which there is no adequate remedy at law, including [loss of goodwill, disclosure of confidential information, etc.].
20. Plaintiff has a substantial likelihood of success on the merits, the threatened injury to Plaintiff outweighs any potential harm to Defendant, and granting injunctive relief will serve the public interest.

WHEREFORE, Plaintiff prays that the Court:
a. Issue a temporary and permanent injunction compelling Defendant to [specific performance/cease specified conduct];
b. Set an expedited evidentiary hearing per Fla. R. Civ. P. 1.610; and
c. Grant such other equitable relief as the Court deems just and proper.

6. CONDITIONS PRECEDENT

21. All conditions precedent to the maintenance of this action have occurred, been satisfied, or have been waived. Fla. R. Civ. P. 1.120(c).

7. ATTORNEY’S FEES

22. Pursuant to Section [__] of the Agreement, Plaintiff is entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing the Agreement.

8. DEMAND FOR JURY TRIAL / JURY WAIVER

23. Plaintiff demands trial by jury on all issues so triable as a matter of right. Fla. R. Civ. P. 1.430.
    [ALTERNATIVE—delete if inapplicable: The parties contractually waived trial by jury in Section [__] of the Agreement; accordingly, no jury trial is demanded.]

9. PRAYER FOR RELIEF

Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
1. Compensatory damages in an amount to be proven at trial, but not less than $[__];
2. Pre- and post-judgment interest under Fla. Stat. § 55.03;
3. Reasonable attorneys’ fees and taxable costs pursuant to the Agreement and Fla. R. Civ. P. 1.525;
4. [Equitable relief as stated in Count II, if applicable]; and
5. Such other and further relief as the Court deems just and proper.

10. DESIGNATION OF EMAIL ADDRESSES

Pursuant to Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(A), undersigned counsel designates the following e-mail addresses for service of pleadings and papers in this action:
Primary: [[email protected]]
Secondary: [[email protected]]

11. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via the Florida Courts E-Filing Portal and served this ___ day of ____ 20__, by [e-mail/e-service/other authorized method] upon:
[Name of Counsel/Party], [E-mail Address], [Address].

Respectfully submitted,

[LAW FIRM NAME]
[Address]
[Telephone]
[Facsimile]
[Florida Bar No. _____]

By: _____
[ATTORNEY NAME], Esq.
Counsel for Plaintiff
Florida Bar No.: [____]

STATE-SPECIFIC PRACTICE NOTES

[// GUIDANCE: The following notes are for attorney use only and should be deleted before filing.]

• Pleading Requirements: Fla. R. Civ. P. 1.110(b) requires a short and plain statement of the ultimate facts; avoid evidentiary detail.
• Service Rules: Summons must be issued by the Clerk and served under Fla. R. Civ. P. 1.070; ensure Process Server is authorized in the relevant circuit.
• Discovery Limits: Unless the Court orders otherwise, standard discovery limits apply (e.g., 30-day response deadlines per Rules 1.280–1.370). Consider local orders implementing the 2020 Civil Case Management guidelines (e.g., mandatory Initial Discovery disclosures in certain circuits).
• Amount in Controversy: Effective 1 Jan 2023, Circuit Courts have jurisdiction for claims exceeding $50,000. Confirm current threshold before filing.
• Injunction Bonds: If seeking a temporary injunction, be prepared to post a bond as required by Fla. R. Civ. P. 1.610(b).
• Attorney’s Fees: Include a specific contractual provision or statutory basis; plead it or risk waiver (Statewide Uniform Guidelines).

[End of Template]