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IN CIRCUIT COURT, NINETEENTH
. JUDICIAL CIRCUIT, IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
_ CASE N0. 79-518-CA
RAY1~lOND D . PARKS , ORVILLE R .
PARKS, and RAY'S INN, INC.,
Plaintiffs,
-vs -
ST. LUCIE PLAZA, a Joint Venture
of MELVIN F. SEMBLER, FRED A. _
BESHARA, Individually and as
Trustee, ALBERT DANGLER, and
NICHOLAS MANOS,
Defendants.
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ORDER GRANTING MOTION
FOR DIRECTED VERDICT
THIS CAUSE having come on to be heard for Trial
on Wednesday, September 17, 1980, and counsel for the Plaintiffs
having presented its .case against the Defendant, ST. LUCIE
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PLAZA, a Joint Venture of MELVIN F. SEMBLER, FRED A. BESHARA, ~
Individually, and as Trustee, ALBERT DANGLER, and NICHOLAS ~
MANOS, and resting on September 18, 1980', and counsel for
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i the Defendant, ST. LUCIE PLAZA, having moved for a directed
~ verdict at the conclusion of the Plaintiff's case and argume
! from counsel having been heard and the Court being otherwise
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duly advised in the premises, it is the finding of this Court
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that the Plaintiff, RAYMUND D. PARKS, and RAY'S INN, INC.,
have failed to meet their burden that the Defendant, ST.
LUCIE PLAZA, as Lessor, had unreasonably withheld its' consent i
to a proposed assignment~to the Defendant, UMBERTO DELUCA, ~
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and to the contrary the Court finds on the evidence presented
that the Defendant, ST. LUCIE PLAZA, was justified and acted j
'j .
I reasonably in refusing to consent to the assignment to UMBERTO
DELUCA whom they had had previous dealings with in another
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plaza where he demonstrated a poor payment record and other
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difficulties with complying with all provisions of that 1
i~ lease. Accordingly, it. is
1 ORDERED AND ADJUDGED that the Motion of 'the Defendant,
~ ~.ST. LUCZE PLAZA, a Joint Venture of MELVIN F. SEMBLER, FRED A.
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