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HomeMy WebLinkAbout1404 2~`~9~1 ~ _ ( ~ IN THE CIRCUIT COURT, NINETEENTH ; ~ JUDICIAL CIRCUIT, IN AND F4R ST. LUCIE COUNTY. STATE OF FLORIDA ~ CASE NO. 74-834-CA ' WIGGS & MA1~LE CONSTRUCTION CO., INC., ; Plaintiff, , ~ -v- COSTA DEVELOPMENT CORPORATION OF FLORIDA, INC., LUCII,LE V. COSTA, and SAFECO INSURANCE COMPANY OF AMERICA, Defendants. ~ , ~ ORDER This cause having come on before the Court on the Motion ~ i to strike of Plaintiff and on Motion of Defendant, COSTA DEVELOP- ~ t MENT CORPORATION OF FLORIDA, INC., to reduce the amount of bond ' and motions of Defendant, LUCILLE V. COSTA, INC., to strike and to dismiss the notice of lis pendens; and the Court having received argument of counsel and being otherwise fully advised in the prem- ; ises; it is ~ i ORDERED AND ADJUDGED: 3 ~ l. Plaintiff's motion to strike paragraph 8 of Count I of ~ Defendants' counter-claim and paragraph 12 of Count II of Defen- dants! counter-claim be and the same is hereby granted and said paragraphs are hereby stricken from Defendants' counter-claim. ~ 2. Plaintiff's motion to strike paragraph 19 of Count III ~ of Defendants' counter-claim be and the same is hereby denied. ~ ~ 3. Defendant's motion to dismiss the notice of lis pendens ~ be and the same is hereby granted, the notice of lis pendens filed ~ ~ in this cause be and the same is hereby dismissed,~and this action ~ shall proceed against the bond posted by Defendants. i -~(r' ~ 4. Defendant's motion to reduce the amount of bond be and ~ ~ the same is hereby granted and the bond posted in this cause by Defen dant pursuant to §713.24(3) of the Florida Statutes be and ~ the same is hereby reduced from $301,216.81 to $250,000.00. ~ - ~~~2~~5 ~~i40~3 s. NfIIL ORIrFIN JliFR1ES i LIOYD C•~AH7ERED ~ ~ P O BOa 1270- fONT PIERCE. iLOR1DA 33s50 - TEIEPHONE (305) 46s-B200 ; ~ - - . ~ . . _ . _ . . - . . ~ . ..v`i~~~`~