HomeMy WebLinkAbout0804 I! ~
~
~ IN THE CIRCUIT COURT OF THE 19TH ~
a~6sa38s UCIEICOUNTYCUFLORIDA~D FOR ST. ~
i CASE NO. 76-694-CA
PBACOCK FRUIT & CATTLE CORPORATION,
a Florida corporation,
~ Plaintiff, f
~
vs. ~
. j
~ INDIAN RIVER PROCESSORS, INC., a `
~ Florida corporation and OCEAN SPRAY ~
~ CRANBERRIES, INC., a Massachusetts 1
~ corporation authorized to do business '
~ in Florida,
1
+ Defendants.
! .
O R D E R .
_ _
i
THIS CAUSE coming on for hearing this 16th day of May,
~
1977 upon the Motion to Amend Amended Complaint by adding
Ocean Spray Cranberries, Inc. as a party defendant and by amend-
~ in said Complaint to include additional allegations and counsel
g -
~ ' s a earin before this Court and the Court
for both partie pp g
c
i having reviewed the pleadings and being otherwise fully advised
in the premises, it is upon consideration
I
i ORDERED AND ADJUDGED that the Motion to Amend Amended
~ Complaint be and the same is hereby granted and that Ocean Spray
; i
~ ~ Cranberries, Inc. is a defendant in this cause and shall be
~ ~ listed as such on all future pleadings and that the Complaint
~ f
be and the same is hereby amended including the following allega-
f;
tions:
i~ (7) That Ocean Spray Cranberries, Inc. did purchase
~ various assets from the Defendant, Indian River Processors, Inc.
~ }
and that said Ocean Spray Cranberries, Inc. did fail to comply ~
- ~ with Article 6 of the Uniform Counnercial Code, commonly referred ~
~ to as the Bulk Transfer Act by failing to notify the above .
- } ~
~ ` creditor and by failinq to assure that the above listed Plaintiff ~
• 1
~ was paid the amount due. That said Defendant, Ocean Spray
( ~ ~
~ Cranberries, Inc. thereby became liable for the debt of said ~
f~
i Plaintiff. That at t he time t hat t he sa le o f a l l o f t
he a s s e t s
Inc. to Ocean S ra
of the Defendant, Indian River Processors, p y
~
Cranberries, Inc. took place, the Plaintiff was a creditor and j
_ ~
j
~
I
I 800K ~6~ PAGE BOt~ ,
~ i