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~i t 466991 ~
jj IN CIRCUIT COURT, NINETEENTH !
JUDICIAL CIRCUIT, IN AND FOR
~ ST. LUCIE COUNTY, FLORIDA.
i CASE N0: 76-295 CA
jj RAYMOND D. PARKS, ORVILLE R. 1
j~ PARKS, and RAY'S INN, INC.,
I a Florida corporation,
Plaintiffs ,
`s
E -vs-
' ST. LUCIE PLAZA, a Joint Venture
j; of MELVIN F. SEMBLER, FRED A.
+I BESHARA, Individually and as Trustee,
ALBERT L. DANGLER and NICHOLAS
MANOS ,
~i Defendants .
iw
'i
' ~ ORDER
After due notice by or to all parties affected, a hearing
was held on November 14, 1979, with respect to the matters
disposed of by this Order. Upon consideration, it is,
ORDERED AND ADJUDGED that the Motion to Limit Judgment
filed herein by ST. LUCIE PLAZA is granted with respect to
-
Count I of the First Amended Complaint. The exoneration clause
found in paragraph 27 of the Leases which form the subject ~
matter of this litigation provides that the individuals who
f
j comprise the Joint Venture known as ST. LUCIE PLAZA, shall
not be subject to personal liability with respect to any of
the covenants or conditions of the Lease and that the Lessee
~ shall look solely to the equity of the Lessor (ST. LUCIE PLAZA)
in the shopping center and the rents, issues and profits
derived therefrom. Accordingly, should any Judgment be rendered
in favor of the Plaintiffs and against the Defendants with
respect to Count I, liability for satisfaction thereof shall i
not extend to the individuals who comprise the Joint Venture
known as S~. LUCIE PLAZA.
With respect to Count II of the First Amended Complaint.
which alleges a separate tort of fraudulent misrepresentation,
I find that the exoneration clause found in paragraph 27 of the
Leases which form the subject matter of this litigation, does
not apply and should any Judgment be obtained by the Plaintiffs
with respect to Count IZ of the First Amended Complaint the
' Plaintiff shall be entitled to look to the assets of ST. LUCIE
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