HomeMy WebLinkAbout1906 I
.438330
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORID~?.
CASE NO. 79-59-CA •
MYELLE HO~1ES, INC., a Florida
Corporation, and MYRA BIANCO,
Plaintiffs,
vs.
MYLEE HOMES, INC., a Florida
Corporation, ELLEN GUTERL
and GENE GUTERL,
Defendants.
4
TEMPORARY ORDER
~
THIS CAUSE came on for hearing on February 22, 1979, and
continued on March 1,.1979, before the Honorable Charles E. Smith,
judge of the above court at the St. Lucie County Courthouse, Fort
Pierce, Florida, and upon the taking of testimony, and upon the
argument of counsel, and upon the court being otherwise fully
advised in the premises, it is •
ORDERED AND ADJUDGED as follows:
1. FIt3DINGS. The court makes the following findings:
A. The defendant, ELLEN GGTERL, was a corporate officer
of the plaintiff, MYELLE HOi•IES, INC., and as such was a fiduciary
i
r
E and cannot profit from the corporate plaintiff in establishing
idYLEE HOiiES , INC ;
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B. That the defendants have expropriated the plaintiff
~ corporation's logo, telephone number, model home, and building plans;
C. That the defendants have transferred existing contracts
of the corporate plaintiff to the corporate defendant; that the
~ corporate defendant has used a similar corporate name, similar corporate
advertising, and similar advertising signs, all to the detriment of
the plaintiff corporation, and said actions have caused the plaintiff
corporation to lose corporate opportunities, including contracts and
~ sales;
D. That-the defendant, ELLEi1 GUTERL, has used some of the
money of MYELLE HO?riES, INC., to purchase individual lots in her name
to the detriment of eiYELLE HOrSES, INC .
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