HomeMy WebLinkAbout1989 01 05 - Restraining OrderLAW OFFICE
OF
FRED T. GALLAGHEn
P, o noz ism
VENO BEACH, FLORIDA
3190/1900
IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
INDIAN RIVER COUNTY, FLORIDA.
CASE NO. 88 -0180 -CA -09
Judge Paul B. Kanarek
NELSON C. HYATT,
Plaintiff,
_vs -
R. STEPHEN MILES, JR.,
as Trustee, et al.,
Defendants.
RESTRAINING ORDER
THIS MATTER coming on to be heard on the 5th day of
January, 1989, upon Plaintiff's, NELSON C. HYATT, Motion for
Restraining Order to restrain and enjoin the Defendant, LAKE
DOLORES UTILITIES AND CABLE TELEVISION SYSTEMS, INC., from
asserting any right, claim, lien, interest, title or equity
concerning the property heretofore foreclosed, and the Court
having considered said Motion and argument of counsel finds
that the Final Summary Judgment was entered by this Court on
the 25th day of August, 1988; that Certificate of Title was
thereafter issued by the Clerk of this Court on the 27th day
of October, 1988 to the Plaintiff, which Certificate of Title
specifically conveyed to the Plaintiff the utility and water
system, lines, plant and all facilities relating thereto which
were located on and part of the real property foreclosed by
said Summary Final Judgment; that the Defendant, LAKE DOLORES
UTILITIES AND CABLE TELEVISION SYSTEMS, INC., which was hereto-
fore operating said utility and water system were foreclosed
and barred from asserting any right, claim, lien, interest,
title or equity therein, and finding that said Defendant is
attempting to charge fees for services being performed by said
water and utility system which is in violation of the terms
of the Summary Final Judgment and should be enjoined, and being
otherwise fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED that the Defendant, LAKE DOLORES
UTILITIES AND CABLE TELEVISION SYSTEMS, INC., be, and the same
is, hereby restrained and enjoined from asserting any further
interest in the utility and water system, lines, plant and
all facilities relating thereto by attempting to bill for said
services or asserting any further claim or interest therein
from this day on.
DONE AND ORDERED in Chambers at Vero Beach, Indian
River County, Florida, this d — day of January, 1989.
CC: Fred T. Gallagher, Esq.
Stephen L. Cook, Esq.
LAW OFFICE
OF
=RED T. GALLAGHER
9.0.B XHM
VERO BEACH. FLORIDA
09961.1900
Paul B. Kanarek
Circuit Judge
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