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HomeMy WebLinkAbout1506 4~i8Z50 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CIVIL DIVISION CASE NO. 79-490-CA ABHOR A. LOTSOF and LILLIAN ) W. LOTSOF, his wife, ) Plaintiffs, ) vs. ) POINTE SOUTH BUILDERS, INC., ) ~ a Florida Corporation, RICHARD ) MILLER, a/k/a RICHARD R. ) MILLER and NORA MILLER, his ) wife, ) Defendants . ) 1 i ORDER t S This cause came on to be heard on December 3, 1979, upon the Defendants' Motion to Dismiss, Motion to Strike, Motion to Discharge Lien of Lis Pendens, and Motion for Protective Order. The counsel for all parties stipulated that the Motion to Discharge Lis E Pendens be granted, that Paragraphs 3, 4, and 5 of the Motion to Dismiss be granted, and that Paragraphs 2, 3, and 4 of the Motion to Strike be t granted. And the Court having considered the stipulations, as well as the pleadings and the arguments of counsel, it is ORDERED AND ADJUDGED as follows: 1. The Motion to Discharge the Lien of Lis Pendens be and the same is hereby granted. The Notice of Lis Pendens is dissolved and of no further force and effect. 2. The Motion to Dismiss be and the same is hereby granted in part without prejudice, as follows: (a) Count I is dismissed as to Nora Miller only. (b) Count II is dismissed. (c) Count III is dismissed. 3. The Motion to Strike is granted in its entirety without prejudice. Paragraph 9 of the Complaint and all prayers for relief of attorneys fees, punitive damage and "other relief" are stricken. 4. The Plaintiff shall have twenty (20)wad?ays within which to • nDAA~ ~ C¦~