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HomeMy WebLinkAbout2131 f ~Ol IN THE CIRCUIT COURT OF THE NINE- TEENTH JUDICIAL CIRCUIT IN ANO FOR ST. LUCIE COUNTY, FIORIDA~. CIVIL ACTION N0. 7T-512- ~ LA ENTRADA DEL MAR ASSOCIATION,-INC., a Florida non-profit Condominium Association, Individually ,and W. JAMES FRANKLIN, Individually and as President of LA ENTRADA DEL MAR ASSOCIATION, INC., and as Representa- - tive of the Class of All Unit Owners of LA ENTRADA DEL MAR ASSOCIATION, INC., t ' a*t~~ ~£CORDED ' Plaintiffs, t•C - _i=Ut~TY. FAA. V . ~ ~lp~Oc~1 MARY FLYNN PICARD, Individually and '79 9 ~ ~Q ; as a Director/Trustee of S.L.M. ~ Q DEVELOPMENT CORPORATION, a dissolved r Florida corporation and S.L.M. ~ DEVELOPMENT CORPORATION, EUGENE C~c•~' ~ T. WILT, WILT CONSTRUCTION CORPORATION, y ~ JAMES SPOONER, d/b/a ACME ROOFING COM- PANY, SOUTHERN ROOFING ENGINEERS, and ; KENBILL INVESTMENT COMPANY, Defendants. O R D E R ~ THIS CAUSE coming on to be heard on Defendant's, KENBILL INVESTMENT COMPANY, motion to dismiss the amended a ? complaint, and the Court having duly considered the same, } s together with argument of counsel and memoranda of law ~ submitted; upon consideration, it is thereupon r ~ ORDERED and ADJUDGED that said motion is granted { and the amended complaint is dismissed as to this defendant. S The amended complaint fails to allege necessary allegations to establish a cause of action against this defendant for violation of F.S. 608.55 (repealed), nor does the amended ' complaint allege that this defendant expressly assumed and agreed to pay the liabilities of S.L.M. Development Corpora- tion. Plaintiff shall have ten (10) days from date in which t. to amend its complaint against this defendant. 3 ~ OONE and ORDERED. in Vero Beach, Indian River County, Florida, this ay of March, 197 r u e Copies furnished to: Counsel of record ~Q 0 R ~ ~ 2~~ _ g~JOK ~ ~'t r.. _ - e 1