HomeMy WebLinkAbout0850 IN THE CIRCUIT COURT OF THE
y~~ ~ ? NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
STATS OF FLORIDA.
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FLORIDA POWER & LIGHT COMPANY~ *
a Florida corporation, *
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Plain~tiff, *
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vs. * CASE NO. ?8-39 CA
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FIRST NATIONAL BANK OF FORT * '
PIERCE, AS ADMINISTRATOR OF * .
TflT ESTATE OF PERRY CARLTON, *
DECEASED, et al., *
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Defendants. *
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ORDER DENYING STAY OF PROCEEDINGS
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This cause came on for hearing on July 27~ ~978 upon
~iotions for Stay of Proceedings filed by.the Defendants, FIRST
NATIONAL BANK OF FORT PIERCE, as Administrator of the Estate of
Perry Carlton, Deceased, EVANS PROPERTIES, INC. and ftEUBEN W.
CARLTON. By such motions these Defendants seek to have this Court
prohibit and prevent the Petitioner, FLbRIDA POWER & LIGHT COMPANY, `
from entering upon said Defendants' parcels and proceeding further
~ with constructi~on of an electric transmission line thereon pending
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~ appellate review initiated by said Defendants filing Notices of '
~ Interlocutory Appeal on June 19, 1978 to the District Court of
~ Appeal, Fourth District of Florida. The Court has heard the
~ testimony offered by the parties and has considered other evidence -
presented as well as argument of counsel. The Court takes note of
the fact that an Order of Taking was entered hereon on May 19, 1978
~ following two days of testimony; that shortly thereafter the
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~ Petitioner entered upon the parcels in question and through an
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~ independent contractor- commenced clearing trees and brush from the
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right of way; that Petitioner has contracted with another indepen-
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~ dent contractor for the construction of the transmission line itself .
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~ with the construction to commence Easterly of the subject parcels -
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