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HomeMy WebLinkAbout0942 _ _ _ _ _ . _ . --T _ _ _ . . - . i - - i ~~rvi~ ~ ~ ~ IN THE CIRCUIT COURT OF THE ~ . ` NINETEENTH JUDICIAL CIRCUIT • . IN AND FOR ST. LUC~E COUNTY, FLORIDA. . . ~ . CASE N0: '80-398-CA .YOUNG D. DICKSON. , ~ ~ Plaintiff, ~ ~ _ ~ ~ . . t vs. - . ~ ~ QSMOND A. HENDERSON and ~ EiTLA HENDERSON, his wife. - . ~ . . ~ Defendants/Third.Party Plaintiffs, ~ vs. . . . . F J. W. DICKSON~ ~ . # - ~ ' ~ Third Party Defendant. . ~ O R D E R ~ THIS CAUSE coming to be heard on Defendants' Motion for - ! ~ Partial Summary Judgment and the Court considering.the evidence ' presented; finds as.follows: ~ I . ~ ( 1. There $re no disputed issues of.fact as to the $6,000.00 ~ - _ - - amount claimed by Plaintiff as "Amount advanced for~furniture." Said amouint is not properly~an item includable under the Mechanic's Lien . sought to be foreclosed in the cause. f . , _ . ` 2: There are disputed issues~of fact as to all other mat- ~ . - ~ ters raised by Defendants'~Motion for Partial Summary Judgment.~ ~ ~ ~ - ~ ~ ~ It is hereby, ORDERED AND ADJUDGED: t I . ~ i - - • ~ - 1. Defendants' :4otion for Partial Summary Judgment is ~ granted solely as to the $6,000:00 "Amount advanced for furniture" ~ _ I under Count I of the Anended~Compla-int. . ~ . 2. The remainder of Defendants' Motion for Partial Su~nary _ Judgment i,s denied. - 3. Leave is hereby given for the Third Party Defendant, _ J. W. DICKSON, to file a Third Party Counterclaim for said $6,000.00 amount. -The Third Party Defendant shall have five (5) days within ~ f~~ which to file said Thixd Party Counterclaim, and the Third Party - - - . . ~ ~3~i~ ~ 9~35 : ~ - - . ~ ~ ~ _ - ~ ~ - _ . . _ ~