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HomeMy WebLinkAbout0696 d IN THE CIRCUIT COURT OF THE NINETEENTH 4~~Jr JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA. CASE N0. 79-406-CA DENNIS L. TRACHSEL, Plaintiff , vs. TREASURE COAST BUILDERS, INC., et al, Defendants. SUNIlKARY JUDGMENT THIS CAUSE came on to be heard June 9, 1980, on Plaintiff's Motion for Summary Judgment and the Court having reviewed the plead- ings, depositions, interrogatories, admissions and specifically find- ing that there was no consideration passing from Defendant RONALD FISHER to TREASURE COAST BUILDERS, INC., for the subject note and mortgage; that RONALD FISHER adniitted~in his Answer to Interrogatories that alleged preexisting loans from FISHER to FLANZBAUM in the amount of $30,924 were paid off on June 15, 1978, MR. FISHER having stated in his interrogatories that RICHARD FLANZBAUM issued all outstanding stock of SUERICH ENTERPRISES, INC., to FISHER in lieu of the $30,924 due. him; and the Court further finding that there is no genuine issue as to any material fact and that Plaintiff is entitled to a judgment ~ as a matter of law, it is hereupon I ORDERED AND ADJUDGED as follows: 1. That the mortgage from TREASURE COAST BUILDERS, INC., to RONALD FISHER dated February 2, 1979 and recorded February 5, 1979, a copy of which is attached hereto, is hereby declared void as a fraudu- lent transfer under Section 724.01 Florida Statutes and is hereby can- celled of record. 2. That the crossclaim of RONALD FISHER for foreclosure is hereby dismissed with prejudice. DONE AND ORDERED at Fort Pierce, Florida, this day of ~ ~ June, 1980. Copies furnished: ~ .Norman L. Paxton, Jr., Esquire John Edgar Sherrard, Esquire , ` Treasure Coast Builders, Inc. s)c)~ BOOK t)t)J P~Gf