HomeMy WebLinkAbout0002 6. That Third Party Defendant has failed to show it
suffered any damage as a result of this breach.
7. That because of said breach, Third Party Plaintiff
does not appear before the Court with clean hands and is not
entitled to a foreclosure of a mechanic's lien. ~
8. That Third Party Plaintiff is entitled to recover of
the Third Party Defendan~ the sum of $28,235.60, plus interest
from January 2, 1975, on the basis~of its common law action.
9. That by stipulation of the parties, any issue of
attorneys' fees and costs is to be taken up by post-trial motions.
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED:
l. That the Third Party Plaintiff, Star Construction Co. .
of Ft. Pierce, Inc., do have and recover of and from Third Party '
,
Defendant, Viking Communities Corporation, the sum of $28,235.60,
. as damages, together with interest thereon from January 2, 1975,
for which sum let execution issue.__
2. That the Counter-CZaim of the Third Party Defendarit is
~ ~denied. ~
3. That the Court reserves jurisdiction for further deter-
{ .
~ mination of any attorneys' fees and costs to be awarded in this
~ action.
~ _ DONE AND ORDERED at Ft. Pierce, Florida, this ~D~ay of
April, 1977. ,
.
CIR T JUDGE
Copies furnished to:
All counsel
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