The Verdict will allow La Bellota to recover about $1.5 million, including interest, for the Martha Stewart label towels that were ordered and delivered to Body Rags for sale at K-Mart stores throughout the nation. La Bellota sued for breach of contract for non-payment, while Body Rags defended based on the basis that the goods delivered were nonconforming. Body Rags counterclaimed against La Bellota for breach of warranty on a theory that the towels did not pass the shrinkage test or the colorfastness test.  The jury disagreed and awarded La Bellota the entire amount it sought while finding against Body Rags on its counter- claim.  "I am very happy that the jury did the right thing”, said Ervin A. Gonzalez, attorney for La Bellota. “La Bellota made the towels and delivered them to Body Rags, who kept the towels, sold them for profit to K-Mart, and failed to pay my client for the goods.  That’s just wrong."

The case was held in the Miami Dade County Circuit Court before Judge Fredrika Smith. The case was argued from September 25 through September 30, 2005. The Jury deliberated for about 2 hours. Ervin A. Gonzalez and Patrick Montoya represented the Plaintiff, La Bellota. Carlos Lehrman and Jody Lehrman represented the Defendant Body Rags.