Louisiana Record

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Franchise sues Biloxi franchisee over unpaid royalties allegations

By Robbie Hargett | Sep 9, 2015

A Jefferson Parish franchise is suing one of its Biloxi franchisees over claims it has not paid due royalties.

Planet Beach Franchising Corp. filed a complaint Sept. 1 in the U.S. District Court for the Eastern District of Louisiana against Marie A. Porter & Planet Beach of Biloxi LLC, alleging breach of contract.

The complaint states that on April 14, 2009, the plaintiff and defendant entered into a franchise agreement for the operation of a Planet Beach Spa at 2402 Pass Road, Unit D, in Biloxi, an agreement which was personally guaranteed by Porter.

The defendants have "abandoned" the spa, defined as a failure to operate for three or more consecutive days, resulting in the plaintiff terminating the franchise agreement, as per the agreement's terms, according to the complaint.

The defendants have since refused to pay the plaintiff royalty fees due for the remaining term of the 15-year franchise agreement.

The plaintiff seeks more than $75,000 in damages, plus attorney fees and court costs.

The plaintiff is represented by William W. Sentell III and Lawrence G. Pugh III of Pugh, Accardo, Haas, Radecker & Carey LLC in New Orleans.

U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-04023-EEF-JCW

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