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HomeMy WebLinkAbout0900 i ~ 1 ~ ~ ~ ~ (f) Classification under Section 713.01, ~ Florida Statutes: BIRD ~ STOWE~ INC. was a subcontractor. ~ 1 (g) Privity: BIRD & STOWE, INC. was not in ~ i privity with the owner. ~ (h) C~~lf ance with Section 713 . 06 (2) {a) and ~ S a utes: Notice to Owner was ~ 71 .18 Florida t t ~ ~Section 3 , ~served on December 17~ 1974 as to all lots by hand delivery. ~ ~ e requirements of Section 713.06(2)(a) and 713.18, ' lorida Statutes, was met by BIRD & STOWE, INC. as to all I ots. ~ j ! (i) Compliance with Section 713.08, Florida ~ ; tatutes: Separate claims of lien for each of the eleven ~ (11) lots were filed by BIRD & STOWE, INC. on January 20, ~ : 975, which is within the statutvey time limit under Section ~ ~ , ~ ` I3.08, Florida Statutes. ~ ` (2) The remaining material facts are controverted ~ ~ ` _ , ~ 'nd shall be tried by the Court. i ; (3) In accordance with the Affidavit of Linda Pelphrey ubmitted by Ben L. Bryan, Jr., attorney for GENERAL DEVEL- PMENT CORPORATION, this Court takes note that the liens of IRD & STOWE, INC. have been bonded off of the land by ~ ; onds appropriately recorded in the Office of the Clerk of ~ ,ircuit Court for St. Lucie Coumty, Florida, and that the ~ ~ ~ ~urety on that bond was The Home Insurance Company, and ~ ' ' ~ ~ his Court hereby orders and adjudges that the complaint of ~ ~ Z IRD ~ STOWE, INC. shall stand amended to include The Home ; , ~ ` ~nsurance Company as a party defendant in this cause of ' j . ~ i ction without further pleading being necessary by plaintiff ~ ~ IRD ~ STOWE, INC. i ORDERED aC Fort Pierce, St. Lucie County, Florida, this ~ . day of March, A. D. 1977. ~ ~ a i ~ CUIT JUDGE ~ ~ I t ~ . ~ : ; ,r+rv tUCiAR SHERRARO ~ Capies furnished to all counsel ~ ~ -~':5' OFftGf BOx ~)'~1 .~...•«~ap~vw~.[~ow~~E listed on attached sheet. ~.UJ 8 a ~ o~ERCE FtOR1DA 37<SO ' • r ~ ¦ . ~ PAGF `w F ._o.,E .~s..., ~„o Page Two . ~ i 1