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HomeMy WebLinkAbout1183 (3) Facts Admitted: (a) Plaintiff may bring this action under Florida law. (b) Declaration of Condominium was recorded September 10, 1970, with Amendment recorded February 2, 1971, in the Public Records of Saint Lucie County, Florida. (c) Each member of the Condominium Association took title to lot subject to Declaration. (d) All owners of lots are members of the Condominium Association. (e) Plaintiff constructed and developed OUTDOOR RESORTS OF AMERICA AT NETTLES ISLAND. (f) Defendant is Condominium Association under De- claration. 2. Evidence: Documentary and other evidence listed and presented at the pre-trial conference shall be admitted into evidence without objection except as hereinbelow reserved: PLAINTIFF'S: ' The following Plaintiff's exhibits are stipulated to except as to relevancy and materiality: 1. Declaration of Condominium. 2. Florida Public Offering Statement. 3. Receipt and Letter attached to Wilson Deposition. 4. Check attached to Scanlon Deposition. 5. Pleadings from Erskine law suit. ' 6. Records of particular lots known to violate Declaration. 7. Records of Plaintiff relating to volume of rental business at Nettles Island. 8. Records indicating volume of expenditure on promoting program of Plaintiff. 9. Letter of Florida Real Estate Commission approving rental pro- DEFENDANT'S: gram of Plaintiff. The following Defendant's exhibits are stipulated to except as to relevancy and materiality: 1. Declaration of Condominium. 2. By-Laws of Condominium. 3. Articles of Incorporation of Defendant. 4. All documents attached to Deposition of Eve Knight or produced by her at trial relating to the rental program. 5. Letter from Homer Colson to all unit owners advertising brokerage services at 30$ and correspondence in re- sponse thereto. 3 rt 3. Other Provisions: (1) Memorandum of law may be submitted at any time but no later than ten (10) da3?s after completion of trial. (2) All discovery has been completed. 4. Expert Witnesses may be called out of turn by either party. 5. Only those witnesses listed at the Pre-Trial Conference and any other witnesses listed by either party up to five days before trial, with notice to the other party, and names filed with the Clerk will be permitted to testify except the parties themselves and impeachment witnesses. Either party may call any witnesses listed by the other party. r K 3 k 3U5 ~ ~ 118. :t -2-