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June 12, 2012

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cantgetmyname   Wednesday, 08/22/12 11:11:43 AM
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June 12, 2012

CONCLUSIONS OF LAW
BB. The License Agreement and Sponsorship Agreement are valid, binding and
enforceable contracts.
CC. The court may enter a default if: (1) a party fails to plead or otherwise defend
against a complaint; and (2) the clerk has entered that party's default. Rule
1.500(a), Fla. R. Civ. P. Each defendant was properly served and has failed to file
an answer or otherwise appear in this action. The Clerk properly entered the
default of each defendant under Rule 1.500(a), Fla. R. Civ. P. Entry of default
judgment is therefore appropriate under Rule 1.500(b), Fla. R. Civ. P.
DD. Upon entry of default the well-pleaded allegations of the complaint are taken as
true. Wenbov Limited Partnership v. Rockledge Bar-B-Q, Inc., 619 So. 2d 414,
416 (Fla. 5th DCA 1993).
EE. The defendants are in breach of the License Agreement and the Sponsorship
Agreement for each party's failure to pay the sums due thereunder.
FF. A default admits every cause of action that is sufficiently well-pled to properly
invoke the jurisdiction of the court and to give due process notice to the party
against whom relief is sought. Bowman v. Kingsland Development, Inc., 432 So.
2d 660, 662 (Fla. 5th DCA 1983). A default also admits the plaintiffs entitlement to
liquidated damages due under the pleaded cause of action. Id.; see also Rich v.
Spivey, 922 So. 2d 326, 327 (Fla. 5th DCA 2006) (a default admits all well-pleaded
allegations of a complaint, which may include plaintiff's entitlement to liquidated
damages).
6

GG. Damages are liquidated when the proper amount can be determined with
exactness from the cause of action as pleaded, i.e., from a pleaded agreement
between the parties, by an arithmetical calculation or by application of definite rules
of law. Bowman, 432 So. 2d at 662.
HH. Where the defendant does not contest the amount prayed for in the complaint and
the claim is for a sum certain or a sum that can be made certain by computation,
the judgment generally will be entered for that amount without any further hearing.
Rich, 922 So. 2d at 328.
Therefore, it is ORDERED and ADJUDGED that:
1. NASCAR's breach of contract action for money damages against defendant TTR
HP, INC. d/b/a AERO EXHAUST, also d/b/a AERO PERFORMANCE EXHAUST,
arising out of breach of the License Agreement (Second Amended Complaint,
Count I) is GRANTED.
2. NASCAR's breach of contract action for money damages against defendant TTR
HP, INC. d/b/a AERO EXHAUST, also d/b/a AERO PERFORMANCE EXHAUST,
arising out of breach of the Sponsorship Agreement (Second Amended
Complaint, Count II) is GRANTED.
3. NASCAR's breach of contract action for money damages against defendant FLOCO,
LLC, as successor to TTR HP, INC. (Second Amended Complaint, Count
III), is GRANTED.
4. NASCAR's breach of contract action for money damages against defendant AERO
PERFORMANCE PRODUCTS, INC. d/b/a AERO EXHAUST, INC., as successor
to TTR HP, INC. (Second Amended Complaint, Count IV), is GRANTED.
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5. NASCAR is the prevailing party in this action.
Inst rument# 2012-102522 # 8
Book: 6722
Page: 367
Diane H. Mateasek
Volusia Canty, Clerk of Court
6. NASCAR shall recover principal damages in the amount of One Million One
Hundred Fourteen Thousand Seven Hundred Fifty Dollars ($1,114,750.00),
7. NASCAR shall recover pre-judgment interest at the rate of 1.50% per month,
having accrued from January 15, 2008, August 1, 2008, and from November 1,
2008, in the sum of Eight Hundred Seventy Two Thousand Eight Hundred Fifty
Three 77/100 Dollars ($872,853.77).
8. In total, NASCAR shall recover from TTR HP, INC. d/b/a AERO EXHAUST, also
d/b/a AERO PERFORMANCE EXHAUST; and AERO PERFORMANCE
PRODUCTS, INC. d/b/a AERO EXHAUST, INC.; and FLO-CO, LLC, joint and
severally, the sum of One Million Nine Hundred Eighty Seven Thousand Six
Hundred Three 77/100 Dollars ($1,987,603.77), for all of which let execution
issue.
DONE AND ORDERED in Daytona Beach, Volusia County, Florida this f.R. day of
June 2012.
Copies furnished to:
William R. Wohlsifer, Esq.
William R. Wohlsifer, PA
1100 East Park Ave, Ste B
Tallahassee, FL 32301
AERO Performance Products, Inc.
14553 S790 W., Ste B
Bluffdale, UT 84065
ard S. Graham, Circuit Judge
TTR HP, Inc.
2078 Prospector Ave, Ste 2
Park City, UT 84060
FLO-CO, LLC
2078 Prospector Ave, Ste 2
Park City, UT 84060

OK, brain. You don't like me, and I don't like you, but lets get through this thing and then I can continue killing you with beer.
— Homer Simpson
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