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HomeMy WebLinkAbout0255~, 514259 ABNOR A. LOTSOF and LILLIAN W. LOTSOF,HIS WIFE, Plaintiffs, vs. POINTE SOUTH BUILDERS,INC., a Florida Corporation and RICHARD MILLEP.,a/k/a RICHARD R. MILLER and NORA 8. MILLER, HIS WIFE, Defendants. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT ST.LUCIE COUNTY,FLORIDA. CASE NO. 79-490-CA / FINAL JUDGMENT ;` THIS ACTION was tried before the Court on January 6th ':and 7th, 1981. On the evidence presented, the Court finds ~as follows: l. That Pointe South Builders,Inc., a Flprida Corpora- ~~tion and Richard Miller, individually breached a contract with ~the Plaintiffs by abandoning the job and failing to complete ';said contract. That Pointe South Builders,Inc. and Richard ;Miller are also gui.lty of fraud under Florida Statute ~ ~713.34 by intentionally and torti.ously breaching the contract ~with the Plaintiffs. i 2. No evidence was presented whatsoever regarding the ,Counter Claim of Pointe South Builders,Inc., a Florida .~Corporation and Richard Miller. 3. That under Count IV of the Plaintiffs' Complaint, ~'it was demonstrated that the Defendant, Nora B. Miller, 1converted to her own use and benefit $3,050.00 of the Plaintiffs~funds. . 4. Tha~ Plaintiffs failed to sufficiently,prove the ,allegations contained in Counts V and VI of~the Amended ~:Complaint. It Is Trereupon ~ ORDEP.EG AND ADJUDGED: ;r;~N EDGAR SHERRARD ..,~... ~... ~OST OfF~CE 601( ~3~2 ~ s SOUfM N`p4~ bvEA 01brF ~ ~~ AT PiERCE. F~OR10A 3315~ ' E lE tiW/~E'M!~ MS-iM0 ; , _~ ..~ ~ ~:. ~~ . . _ . A. The Counter Claim of Pointe South Builders,Inc. and g~ ~4~ PAGE 255 !~ _ ,~ _ =- ~.~~~