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\ IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CASE N0. 79-101 CA
DEERFIELD CONSTRUCTION
CORPORATION,
Plaintiff,
vs.
HUTCHINSON ISLAND LIMITED
PARTNERSHIP and RESERVE
INSURANCE COMPANY,
Defendants.
O R D E R
THIS CAUSE coming on to be heard on Defendants'
motion for summary judgment, and the Court having considered
argument of counsel, memoranda of law, and depositions and
pleadings on file, finds:
'Plaintiff originally was a subcontractor to the
general contractor, Ologistics, Inc., for construction of a
project owned by the Defendant, Hutchinson Island Limited
Partnership. Plaintiff failed to give to Defendant as owner
j of the property, a notice to the owner as required by Florida
Statute 713.06(2)(a). The general contractor, Ologistics, Inc.,
failed to complete the project and the Defendant, Hutchinson
F
Island Limited Partnership, thereafter made payments direct to
the subcontractors and materialmen. Defendant failed to file
a notice of re-commencement. There are material, factual
issues and disputes as to whether the Plaintiff became in
privity with the Defendant owner so that the notice to the
owner would not be required as to those services or materials
furnished by the Plaintiff after the date the Plaintiff may
have become in privity with the owner. F.S. 713.05. In addition,
Defendants have failed to meet the burden of proving that they
made proper payments of all of the funds under the contract.
Torres v. MacIntyre, 334 So.2d 59 (3 DCA 1976) There are