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518266
IN 71~ CIRGUIT UOt1RT OF 'I1-~
NINETEFNIH JUDICIAL GIRGIIIT
IN AIVD FOR ST. LLICIE ~OIJN'IY,
STATE OF FIARIDA.
CASR ~. 79-217-CA
ROCCO VOLAVINO and 1tOSE VOLONINO,
his wife,
Plaintiffs,
vs.
FRAhK De1f~OMAS CONSIRLICI'ION, INC. ,
a Florida corporation,
Defendant. /
FINAL JUD(~Nf
'I1-iIS CAUSE, having come on to be heard before me, as trier of fact,
on February 17, 1981, without the benefit of a jury, and this Court having
heard the evidence presented, and being otheiwise fully advised in the
premises, it is the finding of this Court:
A. The Claim of Lien of ~'RANK De'I~IOMA.S CONSTRUCfION, INC.,
filed December 19, 1978, in Official Records Book 300, Page 71, Public Records
of St. Lucie Cot.mty, Florida, setting forth the lien on Lot 11, Block 246,
Section Six (6), Port St. Lucie Subdivision, being 422 S.E. Lamon Lane, Port
St. Lucie, Florida 33452 is null and void.
B. That Plaintiffs are prevailing parties u*ider Florida
Statute Section 713 (Part 1) and that Defendant presented to justiciable
issue ; and,
C. That the acts of Defendant co~lained of N~re done with
malice, ill-will and spite and without just cause or provocation, all with
the intent to injure Plaifltiffs,
NOW 'I~REPORE, it is
ORDERED AND AUJIJD(~D as fol lows :
1. The Cowiterclaim of FRANK I?~'INOMA.S CO:VSfRUC['ION, IhC. , a
Florida corporation against ROCCO VOIANINO and R06E VOIANINO, his wife, be
and the same is hereby dismissed with prejudice.
2. ROC00 VOLONINO and ROSE VOLU~IINO shall recover from FRAIVK
i
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DeTHOMl~.S CA'~ISTRUCfION, IIdC. , ca~ensatory damages of 513,650.Q0, pwiitive
damages of s25,000.00, reasonable attorney fees of s3,000.00, plus costs to be
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