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HomeMy WebLinkAbout0945 IN TH8 CIRCUIT COURT IN AND FOR ST. } LUCIE COUNTY, FLORIDA. CASE NO . 80 9 0 CA MLP CONSTRUCTION, INC., a Florida corporation, Plaintiff, V8 . GREENBRIER PLAZA, INC., u I a Florida corporation, d/b/a ~ GREENBRiER PLAZA, i Defendant. SUNII~IARY FINAL JUDGMENT This cause came on to be heard the 2nd day of June, 1980 ~n %iir uClCtlutult v~iEE :T°aaRia~-.R PLC, I1dCi . ~ S 'riCi~~.©t1 ~©r Sllmm8ry Judgment, and the plaintiff and defendant being represented before the court by their respective counsel, and the court hearing argument of counsel, finds: That there were no issues of material fact in this case; that the defendant cited portions of the deposition taken of Michael L. Perkins, the president of the plaintiff corporation on April 18, 1980, wherein the deponent admitted to the authenticity and correctness of its "Affidavit as to Draw No. 5" dated December ~ 28, 1979 and sworn to before a notary public and a "Partial Release of Lien" dated December 28, 1979 and sworn to before a notary public, i both documents relating to the real property which is the subject i matter of the plaintiff's Complaint; that the Claim of Lien attached to the plaintiff's Complaint and executed by counsel for the plain- tiff December 26, 1979 shows on its face that said Claim of Lien was subsequently released by the Partial Release of Lien dated December 28, 1979 executed by the plaintiff; that said Partial Release of Lien by Florida Statutes 713.20(2)(3) acts as~an absolute Wavier of. Lien for all materials, services and labor provided or performed by the plaintiff as of December 28, 1979, and that the Claim of Lien attempted to be foreclosed by the plaintiff's Complaint was allegedly for services, labor and materials provided two days prior to the i ~ aforesaid Partial Release of Lien; It is thereupon, ORDERED AND ADJUDGED as follows: i ~ f i ' BO~c~.'~ P1GE _4