HomeMy WebLinkAbout1579 the pleading that the Statute of Limitations had run against ~
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2. That the defendants Jack W. Stump and $andy Lightweiqht
iboofing & Supply, Inc., through their counsel, having announced t
in open court that their claim of ifen was inferior and subordinate i
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to mortgage lien of plaintiff; and thereupon plaintiff having ~
announced its withdrawal of its motion to strike as to said
defendants, the court makes no further determination thereupon.
3. ~'t•.3t the gleadi.ngs filed herein by Clyde Huber,. individually
and as President of Huber Supply, Inc., in propria per~ ~d the
pleading signed on behalf of Reigler Johnson, ~Inc. by Aenry G.
Reigler, Jr., be,. and each of them are hereby stricken and the
defendants Huber Supply, Inc. and Reigler Associates, Inc., an
Indiana corporation if existing, and if dissolved. Henry G.
. _ n T..«.~. n..:..1 er n~
Reigler, Jr. and Marylynn K. Keig~er ~u~u au~y LY•••• =«i~~~~
Trustees for the stockholders of Reigler Associates, Inc., a
dissolved corporation, shall have twenty (20) days from the date
hereof in which to file their answers to the a~ended complaint in
f conformity with Florida Rules of Civil Procedure.
4. That the motion to strike as to the remaining defendants
be and the same is hereby denied, with the Court reserving ruling
upon the following: ~
(a)~ The necessity for mechanic lien claimants to specifi-
cally plead compliance with Section 713.Q6(3)(d-1), Florida
Statutes, and ~
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(b) The obligation, if any, of plaintiff and counter- ~
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defendant (the lender) to require the defendant mortgagors
~ (borrowers) to make "proper payments" within the purview of Chapter
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713 , Florida Stat~ites .
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FEE, PARKER ~ FEE, P. A.
ATTORN6YS AT LAW '
• P08T OFFICC BOX t000
l~ORT PISRCE. RLORIDA s'J400
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