HomeMy WebLinkAbout1698 ORDER
This cause came on to be heard upon the following motions:
1. Plaintiff's Motion to Dismiss Counter-Claim.
2. HOME SAVINGS & LOAN ASSN .OF FLORIDA's Motion to Dismiss
Additional Party Complaint.
3. JENSEN BEACH BANK's Motion to Dismiss Additional Party
Complaint.
4. JENSEN BEACH BANK's Motion to Strike Counter-Plaintiff's
claim for attorney's fees.
5. Counter-Defendant's Motion to Strike Counter-Plaintiff's Claim
for attorney's fees.
6. Counter-Plaintiff's Motion to File Amendment to Counter-
, Claim and Additional Party Complaint.
7. Plaintiff's Motion for Order Imposing Sanctions.
8. Counter-Plaintiff's oral motion to inspect the records
of Additional Party Defendant, HOME SAVINGS & LOAN ASSN. which pertain
to transactions between said Savings & Loan Association and Counter-
,
~ Plaintiff, Hazen Kreis, Raymond R. Loveday, Jr. and American Resort
Management, Inc.
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The Court, in construing Rule 1.170(h) of the Florida Rules of
~ Civil Procedure, finds from the allegations of the Complaint,
Answer, Counter-Claim and Additional Party Complaints, that the
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"Additional Party" Defendants are additional parties who should be
brought into this action in order to grant complete relief. The
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title of Rule 1.170(h) "Additional Parties May Be Brought In",
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contemplates this procedure. Additionally, the Counter-Plaintiff
could very well have brought suit against the Additional Party
Defendants in a separate lawsuit within this Circuit and because of
the issues involved, this Court would have, upon any party's motion to
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consolidate, consolidated that action with this action. Therefore,
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the Court views the Additional Party Complaints as a complaint
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against said Defendants and a motion to consolidate and grants
said motion to consolidate so that the Additional Parties will
remain defendants in this lawsuit.
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X343 P~1696
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