HomeMy WebLinkAbout1984 ~
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IN THE CIRCUIT COURT, NINETEENTH ~
JUDICIAL CIRCUIT, IN AND FOR ST. •
LUCIE COUNTY, STATE OF FLORIDA ~
CASE NO. 75-104-CA
~
CONCRETE UNLIMITED, INC., a ~
Florida corporation,
~ ~aintiff,
-v- '
COSTA DEVELOPMENT CORPORATION
OF FLORIDA, INC., and LUCILLE V.
COSTA, and~SECURI~Y INSURANCE
COMPANY OF HARTFORD,
Defendants..
ORDER ON MOTION FOR SUMMARY JUDGMENT
This cause having come on before the Court on Plaintiff's
Motion for Summary Judgment and the Court having reviewed the f
complaint, answers of Defendants and affidavits of the parties
hereto, and the Court having received argument of counsel and
being otherwise fully advised in the premises finds as follows:
~
1. Under Article XVII of the contract sued on by Plaintiff
it has waived and relinquished its right to file or maintain any
action on a mechanic's lien or claim for work done pursuant to
said contract. See Orlando Central Park, Inc. -v- Master poor
~
Co., Inc., 303 S. 2d 685 (4th DCA Fla. 1974). ~
2. There is an issue of material fact coneerning the
liability, if any, of Defendants, COSTA DEVELOPMENT CORPORATION
' OF FLORIDA, INC., and LUCILLE V. COSTA, under the contract sued
i
; on by Plaintiff.
E
t
~ WHEREFORE, it is ordered and adjudged:
~ 1. Plaintiff's claim of lien dated November 19, 1974, and ~
i
` recorded on November 20, 1974, in Official Record Book 233 at ,
page 2518 of the public records of St. Lucie County, Florida, be
and the same is hereby discharged,
f 2. A summary judgment is entered in favor of Defendant,
i SECURITY INSURANCE COMPANY OF HARTFORD. This cause is dismissed
f as to said Defendant, and said Defendant is hereby discharged
;
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