HomeMy WebLinkAboutSubmittal - Richard Alayon - Agreed Final Judgement Granting Permanent Injunctive ReliefF
3734
BLUE LAGOON AIRPORT CLUB
APARTMENT, a Florida general
partnership and JOSE MILTON
as managing general partner
of BLUE LAGOON AIRPORT CLUB
APARTMENTS.
Plaintiffs,
VS.
INTERCONTINENTAL INVESTMENT
BANKERS, INC., a Florida
corporation, TOWERS OF BLUE
LAGOON I, INC., a Florida
corporation and CAROLINE WEISS,
Defendants.
Submitted into the pu i
record r ite
on Z City Clerk
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT RCAND
FOR DARE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION:)
CASE NO.97-00975 CA 15 ,
AGREED FINAL JUDGMENT GRANTING
PERMANENT INJUNCTIVE RELIEF
RECORDED
NOV 2 4 W
& Cw of Courts
This cause was scheduled for trial on Tuesday, November 18, 1997, upon the issues raised
in the Plaintiffs' Amended Complaint, the Defendants' Answer, Affirmative Defenses and Counter -
Claim, and the Plaintiffs' Answer to the Counter -Claim. Counsel for the respective parties having
agreed to the disposition of the case and the Court being duly advised of that agreement, it is
ORDERED and ADJUDGED as follows:
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Submitted into the public
record for item(s) PZ.8
on 10/25/18, City Clerk
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I. It is the intention of the parties to adopt and to incorporate by reference this Court's
findings of fact and conclusions of law set forth in the Order Granting Plaintiffs' Request for
Temporary Injunctive Relief dated January 24, 1997 and to make the injunction permanent in nature.
2. In addition to the findings of fact set forth in the order granting temporary injunctive
relief, it is undisputed that the Defendant, Intercontinental Investment Bankers, Inc., transferred the
property identified as the "Servient Property" to the Defendant, Towers of Blue Lagoon 1, Inc.
3. The Plaintiffs' request for permanent injunctive relief set forth in the amended
complaint is granted.
4. The Defendants, Carolina Weiss, Intercontinental Investment Bankers, Inc., Towers
of Blue Lagoon I, Inc., or any other successor, subsidiary, or affiliated party and their agents and
employees are hereby enjoined and prohibited from interfering with the Plaintiffs' right of ingress
and egress to and from the property set Forth on Exhibit A attached to the Declaration of Easement •
which is the subject matter of this action. The Plaintiffs shall be entitled to take all appropriate steps
to obtain access including, but not limited to removing any obstructions,.,fences, structures and
obstacles in order to gain access to their property.
5. This permanent injunction shall remain in full force and effect.
6. The Clerk of the Circuit Court is hereby directed and instructed to discharge the
injunction bond posted by the Plaintiffs on February 7, 1997 and the proceeds are to be returned to
the law firm of Lapidus & Frankel, P.A. as counsel for the Plaintiffs.
7. The Court shall reserve jurisdiction to enforce full compliance with the terms of this
permanent injunction.
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Submitted into the public
record for item(s) PZ.8
on 10125/18, City Clerk
8. In all other respects all of the claims asserted by the Plaintiffs against the Defendants
and the Counter -Claim asserted by the Defendants against the Plaintiffs shall be dismissed with
prejudice with each party to bear their own costs and attorney's fees.
DONE and ORDERED in Chambers in Miami, Dade County, Florida, this a day of
November, 1997.
SSA/ Q 0 v' 1 Coif l
Circuit Court Judge
CTI 'TF
cc: Robert P. Frankel, Esq.
Bernard S. Mandler, Esq.
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