HomeMy WebLinkAbout1402 IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
FLORIDA.
CASE NO. 79-230 CA
D. J. TZIMENATOS and SOPH_IE S.
TZIMENATOS, his wife,
•
Plaintiffs,
vs. ORDER
FORT PIERCE~ASSOCIATES, a -
partnership, THE HOWARD JOHNSON
COMPANY, a foreign corporation,
and JOSEPH J. LACH and MARY
ANN LACH, his wife,
Defendants. .
THIS CAUSE came on to be heard on the Motion for Summary
Judgment filed by the defendant, The Howard Johnson Company, and
the Court, having heard argument and being fully advised in the
premises, finds:
(1) That the Affidavit filed in support of the Motion for -
'i Summary Judgment and the Affidavit filed in opposition to the
I -
{ Motion for Summary Judgment established that there are genuine
issues as to material facts of law, except as hereinafter noted,
t and that the Motion for Summary Judgment should be denied; the
Court further finds that under Fla. R. Civ. P. 1.510(d), there is
one material fact which exists without substantial controversy.
It is contained in the Affidavit of Richard Barry Hellstrom, which
states:
"With respect to my inspection of-the facilities
serving the Crossroads Motel, my inspection revealed
that there is a discharge 'of liquid from the elevated
drainfield which appears to flow in a northerly direction
and into a ditch located on the property of Mr. and
4 Mrs. D. J. Tzimenatos."
i
r It is thereupon
f
ORDERED AND ADJUDGED as f~ollows:~
i
8~~ 331 ~~E1402 ~