IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION

CASE NO. 11 20527 CA 21 LTA LOGISTICS, INC. LESTER TRIMINO, ETAL;

PLAINTIFF.

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Enrique Varona,
Defendant,

NOTICE OF HEARING Please take notice, that the Defendant, Enrique Varona, will call up for a hearing to run concurrently with the opposing counsels scheduled appearance and hearing on their motion for leave to amend complaint, before the Honorable Antonio Arzola, one of the judges in the above styled court at Miami-Bade County Courthouse located at 73 West Flagler Street, Miami, Florida 33130 on Thursday, May 30th, 2013 at

9:00 a.m. in courtroom 1110 or as soon thereafter as counsel may be heard on: DEFENDANT'S MOTION TO DISMISS CLAIM FOR LACK OF COURTS SUBJECT MATTER JURISDICTION & PERSONAL JURISDICTION FOR IMPROPER CHOICE OF LAW AND VENUE IN BREACH OF CONTRACT

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MOTION FOR SEPARATE TRIALS

IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC. LESTER TREVHNO, etal;

V.

Enrique Varona,
Defendant,

DEFENDANTS MOTION TO DISMISS ACTION WITH PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION DUE TO IMPROPER LAW & VENUE IN BREACH OF CONTRACT NOW COMES, the defendant,
* Enrique Varona, who moves the

Court to dismiss this action for lack of subject matter jurisdiction due to improper use of law and forum in breach of contract an shows;

BACKGROUND 1. Plaintiff at all times has proceeded in this action in violation of

F.R.C.P., rule 1.130(a) which requires a Plaintiff to attach copies of all bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought to its complaint. It is only because of recent discovery that the defendant brings this motion to this court.

2.

The jurisdictional question can be raised at any time and can never

be time-barred. DeClaire v. Yohanan, 453 So. 2d 375 (Fla. 1984).

IMPROPER CHOICE OF LAW & VENUE IN BREACH OF CONTRACT

3. Plaintiff and defendant entered into an employment Non-solicitation

Non-disclosure Agreement signed and executed on June 9, 2009 (from here on "Agreement). 4. Clause 10, of page 3 of the "Agreement" incorporates a

mandatory forum selection clause that contractually require that this lawsuit be filed in the forum named in the clause. Golden Palm

Hospitality, 874 So. 2d at 1236. "As a general principle, a trial court must honor a mandatory forum selection clause in a contract..."
V

see

Clause 10, page 3 of the Agreement which states: "10. CHOICE OF LAW AND VENUE: it is understood and agreed that the construction and interpretation of this agreement shall at all times and in all respects be governed by the internal laws of the Commonwealth of Virginia, without giving effect to the conflict of law provisions thereof. Venue of any action brought

exclusively in the circuit court of Henrico, Virginia, or the U.S. District Court for the Eastern District of Virginia."

5.

In order for a "Choice of Law" clause to have effect, there must

also be an accompanying "Choice of Venue" clause, where both parties agree to a particular place as the proper location to resolve any disputes. The plaintiff and defendant agreed to a choice of law and venue in the Commonwealth of Virginia to the exclusion of all others. 6. The general test for determining whether a forum selection clause is the use by the parties of language indicating

is "mandatory"

"exclusivity." Golden Palm Hospitality, 874 So. 2d at 1236. "Absent such language, the clause will be considered permissive." Id. If the forum selection clause "statefs] or clearly indicatefs] that any litigation must or shall be initiated in a specified forum," then it is mandatory. Shoppes L.P. v. Conn, 829 So. 2d 356, 358 (Fla. 5th DCA 2002). 7. The defendant on information and belief knows that Virginia laws The

favor employees over employers more so than Florida laws.

defendant believes that it would be of great prejudice to him if this case were to be tried in Florida instead of Virginia. 8. The Defendant did not agree to waive the terms of the

contract between him and the plaintiff including clause 10 of the Agreement.

CONCLUSION This action has been used as a vehicle for the Plaintiff to attack and harass the defendant unmercifully for almost two years in an attempt to silence his substantiated claims of their crimes and misdeeds. Court and denial of due process. The evidence The record is replete with Plaintiff committing numerous frauds upon the in the form of notarized affidavits specifying these frauds remain entirely un-refuted. Based on the record, the Court should conclude that this action amounts to nothing less than criminal extortion and attempted grand theft by Plaintiff against Defendant. The Court cannot be in a position of enabling Plaintiff to commit felony crimes. In addition, this court should be aware that a judgment entered by a court that lacks subject matter jurisdiction is a void judgment without any legal force, "A trial court's lack of subject matter jurisdiction makes its judgments void". See Strommen v. Strommen, 927 So. 2d 176, 179 (Fla. 2d DC 2006) and ''judgment rendered by court is void if court lacks subject matter \ jurisdiction". Fedan Corp. v. Reina. 695 So. 2d 1282, 1283 (Fla. 3d DCA 1997). WHEREFORE, Defendant, Enrique Varona, requests from this honorable court to enter a judgment dismissing prejudice for the reasons stated above. espectfully submitted,
. Varona, Sui Juris acting Pro-se 1482315W 125 Ct, Miami, Florida 33186 305-812-3784

this action with

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LTA LOGISTICS, INC.

NONDISCLOSURE AND NONSOLICITATION AGREEMENT ("Agreement")

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THIS AGREEMENT is made and entered into this H ^ day of^jU.Qf\J 20("VQ 'f t ji , by and between LTA Logistics Incorporated, a Florida corporation, ["LTA or the Company"], and f ""jtJjUL-A jfliA jft^M ^Employee or "[Associate's Name]").
RECITALS

WHEREAS, LTA Logistics desires to employ, [Associate's Name], and Employee desires to perform services for LTA in a position which will allow Employee access to various trade secrets and confidential information belonging to LTA and which require Employee to perform services of a unique and special nature. WHEREAS, as a condition of [Associate's Name]'s employment. LTA desires to receive from [Associate's Name] covenants (a) not to disclose any confidential information acquired during or reasonably after the course of employment with LTA, (b) not to solicit any employee of LTA to terminate her or his employment with LTA, and (c) not to solicit any customer of LTA to terminate its relationship with LTA. WHEREAS, LTA and [Associate's Name] desire to set forth in writing the terms and conditions of their agreements and understandings with respect to these covenants against disclosure of confidential information, solicitation of employees, 1 solicitation of customers, and competition with LTA, that Agreement is a condition of Employee's employment and ancillary thereto, and that this Agreement does not purport to set forth all the terms of such employment.
AGREEMENT

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NOW, THEREFORE, in consideration of the foregoing, and any consideration set forth in any Schedule A hereto, and of the mutual promises herein contained, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto (Employee and LTA) intending legally to be bound, hereby agree as follows. 1. ACKNOWLEDGMENTS. LTA is engaged in, among other things, the business of transporting freight Nationwide, and as well as related services. Employee acknowledges that LTA's business and services are highly customer-specific and customer-dependent, involving a high degree of cultivated and well developed customer relationships, further dependent upon the identity and particular needs of LTA's customers, not generally known in the industry. These relationship also are reflected in LTA's documents and information regarding its customers, suppliers, services, logistics, methods of operation, sales, pricing, and cost, all of which are highly confidential and constitute critical trade secrets. Employee further acknowledges that the services to be rendered to LTA by Employee will be of a special and unusual character which has a unique value to LTA and

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2.

3.

4.

5.

6.

7.

8.

that Employee will have access to trade secrets and confidential information belonging to LTA, the loss of which cannot adequately be compensated by damages in an action at law. COVENANT AGAINST DISCLOSURE OF CONFIDENTAL INFORMATION. During the term of Employee's employment with LTA and for a period of two (2) years from the voluntary or involuntary termination of employment with LTA, regardless of the reason, Employee shall not use for any purpose or disclose to any person or entity any confidential information acquired during the course of employment with LTA. Employee shall not, directly or indirectly, copy, take, or remove from LTA's premises, any of LTA's books, records, customer lists, or any other documents or materials related to LTA. The term "conditional information" as used in this Agreement includes, but not limited to, records, lists, and knowledge of LTA its customers, suppliers, methods of operation, processes, trade secrets, methods of determination of prices, financial condition, profits, sales, net income, and indebtedness, as the same may exist from time to time. NONSOLICITATION OF EMPLOYEES. During the term of Employee's employment with LTA and for a period of four (4) months for each year the Employee is employed by LTA (not to exceed a period of twelve months) from the voluntary or involuntary termination of Employee's employment with LTA, regardless of the reason for termination, Employee shall not, either on her or his own account or for any person, firm, partnership, corporation, or other entity (a) solicit, interfere with, or endeavor to cause any employee of LTA to leave his or her employment; or (b) induce or attempt to induce any such any employee to breach her or his employment agreement with LTA. NONSOLICITATION OF CUSTOMERS. During the term of Employee's employment with LTA and for a period of four (4) months for each year the Employee is employed by LTA (not to exceed a period of twelve months) from the voluntary or involuntary termination of Employee's employment with LTA for any reason whatsoever, Employee shall not solicit, induce, or attempt to induce any past or current customer of LTA with whom Employee had dealt or who were serviced by other employees of LTA who were supervised by Employee at any time during Employee's employment for one year prior to his or her leaving LTA. NON-DISPARAGEMENT. Employee hereby agrees that any disparaging or defamatory comment or act against LTA is damaging to LTA and its reputation. Thus, employee agrees not to make any such comment or take any such disparaging action against LTA. Employ ee further acknowledges and agrees that and any such comment or action would constitute a material breach of this Agreement. REMEDIES. In addition ix> all of the remedies otherwise available to LTA, including, but not limited to, recovery from Employee of damages and reasonable attorney's fees incurred in the enforcement of this Agreement, the Company shall have the right to injunctive relief to restrain and enjoin any threatened breach of the provisions of Paragraphs 2, 3,4, and 5 of this Agreement. All of LTA's remedies for breach of this Agreement shall be cumulative and the pursuit of one remedy shall not be deemed to exclude any other remedies. REASONABLENESS OF RESTRICTIONS. Employee has carefully read and considered the provisions hereof and, having done so, agrees that the restrictions set forth in Paragraphs 2, 3,4, and 5 hereof (including, but not limited to, the time periods of restriction in each of such paragraphs) are fair and reasonable and are reasonably required for the protection of the interests of the Company. SEPARATE COVENANTS. This Agreement shall be deemed to consist of a series of separate covenants. Should a determination be made by a court of competent jurisdiction that the character, duration, or geographical scope of any provision of this Agreement is unreasonable in light of the circumstances as they then exist, then it is the intention and the agreement of LTA and (Associate's Name) that this Agreement shall be constructed by the court in such a manner as to impose only those restrictions on the conduct of Employee which are reasonable in light of the circumstances as they then exist and as are necessary to assure LTA of the

Pg.3/3 intended benefit of this Agreement. If, in any judicial proceeding, a court shall refuse to enforce all of the separate covenants deemed included herein because, taken together, they are more extensive than necessary to assure the Company of the intended benefit of this Agreement, then it is expressly understood and agreed by LTA and Employee that those of such covenants which, if eliminated, would permit the remaining separate covenants to be enforced in such proceeding, shall for the purpose of such proceeding, be deemed eliminated from the provisions hereof. In the event of a violation by Employee, the term of each such covenant so violated shall be automatically extended for a period of one (1) year from the date on which Employee permanently ceases such violation or for a period of one (1) year from the date of the entry by a court of competent jurisdiction of a final order or judgment enforcing such covenant, whichever period is later. 9. BURDEN AND BENEFIT. This Agreement shall be binding upon, and shall insure to the benefit of, LTA and Employee, and their respective successors and assigns. The Company shall have the right to assign its rights hereunder to any successor in interest, whether by merge, consolidation, sale of assets, or otherwise. 10, CHOICE OF LAW AND VENUE. It is understood and agreed that the construction and interpretation of this Agreement shall at all times and in all respects be governed by the internal laws of the Commonwealth of Virginia, without giving effect to the conflict of law provisions thereof. Venue of any action brought to enforce relating to this Agreement shall be brought exclusively in the Circuit Court for Henrico, Virginia, or the U.S. District Court for the Eastern District of Virginia. 11. SEVERABILITY. The provisions of this Agreement (including in particular, but not limited to, the provisions of Paragraphs 2, 3,4, and 5 hereof) shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity or enforceability of any one or more of the other provisions hereof. 12. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding by and between LTA and Employee with respect to the covenants contained herein, and no representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect. No charge or modifications hereof shall be valid or binding unlegs the same is in writing and signed by the party against whom such waiver is sought to be enforced. No validfwaiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or will be deemed a valid waiver of such provision at any other time.
I1, ' * I N WITNESS WHEREOF, LTA and [Associate's Name] have duly executed this Agreement as of the day and first written^bove.

Emplpwee / Signature