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HomeMy WebLinkAbout0981 . ~ , . . ~ i 4~~60'7 ~ / ' IIV ~4iE CIRCUIT C~(XJIrI', SE.VENI'E~NI'H JUDICIAL CIRLUIT, IN AND FOR BI~7«1F2D COUNi'Y, FZORILI~` f CASE N0. 79-2718 (~ay) i i R[K~i G. HA~R'IY, . Plaintiff, . vs . ~ . ORDER FOR P_COOVNI'ING C. SfiELBY L1ALE, Individually, . as Trustee and d/b/a DiALE DEVFIDPN¢IV'P, IlVC. , as ass~utred . ~ r~ne, ~~t. ~ ~Ru ~ C~pY A ~ , In this action, the Defendant C. SE~IBY DALE, Irxiividvally, as Trustee, ; and d/b/a O~I£ DEVIIAPN~TP, INC. , an ass~sned name, was regularly served with~ process, and said Uefendant has failed to ap~ear and answ~x Plaintiff's CaYplaint filed herein, and the default of said Defendant has been duly and regularly entered, and the Court has heard proof of the allegations oontained in Count III ' of the CoRQlaint, fram which it has been m~de t,o appear that Plaintiff is entitled to the relief sought in Count III of her C~laint. i It is acc:ordingly ORDERm, ADJUDC~.'D AND DDCREED: 1. That on or before twenty (20) days fran the date of service of a oopy 'of this Order on Defend~ant, the Defe~dant, both Individually, as ZYustee and 4 d/b/a Dd1LE DL•'VELiOPMN~NNP, PIC., an assiu~ed naire, file 4rith the Court and serve upon ; o~unsel for Plaintiff a full ar~d arnplete aoo~w~ting of the sun of $10,000.00 ~ entrusted to him for investment in a rrotel project for which he has acted as f , E }M ~ . ~ l~G • i ~ 2. That during the sar:~ period, Deferidant 7ndividually, as ~ustee and t j ~ d/b/a DALE DEVF1APr~, INC., file with the Ceurt and serve on ooun.sel for ; Plaintiff, a full aixl c:aiplete acc;ounting of all transactions, receipts, disburse- ~ ~ ~ m~nts, purchases, sales, m~rtgages and other encianbrances in which said Defendant ~ was involved or did Pngage in connection - with the Eoor~omy Nbtel Chain proj ect ~ ~ ~ which he undertook on behalf of Plaintiff and others. , . ~ ~ ~ 3. ~hat during the same period, Defendant disclose the names, addresses, ~ ~ and purported interests of any other persons, firnts or corporations in that ~ project. ; I ; 4. That during the interim, and until the further Order of the Court, = ~ : = Defendant, Individually, as Trustee, arxl d/b/a t~1LE DE~API~'~lP, INC. , an asstunad ~ ~ ~ ~ name, be arui he is hereby restrained fran selling or oti`:erwise disposing of, or ~ ~ ~ ~ encunbering, any assets of said m~tel project, includir~g the land described in , ~ ~ ~ that certain deed dated Oct~ober 30, 1978, given by C. SfII:IBY Di11IE, Irxiividually and as Tnistee, joined by his wife, GI~E C. D1~LE, to Q~Ii: r~i':Tt~Phff7~TP, INC.. $oac 30? ~ . . . -