INDIAN LAKE ESTATES, INC., A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLANT,
v.
INDIAN LAKE CLUB, A NON-PROFIT CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, JOHN H. GRAY AND PHYLLIS GRAY, HIS WIFE, GEORGE SCHEDLER AND LYNDA T. SCHEDLER, HIS WIFE, JOHN L. PARSONS AND EVELYN K. PARSONS, HIS WIFE, AND HAROLD B. WILLEY AND VIRGINIA M. WILLEY, HIS WIFE, APPELLEES
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The court held that the chancellor's order denying the defendant's motions to dismiss and striking a party was interlocutory and not immediately appealable.
Appellees sued appellant seeking various forms of relief including injunctions and transfer of property. Appellant filed motions to dismiss and strike…
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Indian Lake Estates, Inc., appellant here, brings this interlocutory appeal against Indian Lake Club and John H. Gray et ux., et al., appellees, to review an order of the chancellor below, dated December 18, 1961. We have already decided three related ca$es arising out of Indian Lake Estates, Inc., they being Fla.App., 154 So.2d 883, Fla.App., 154 So.2d 892 and Fla.App., 154 So.2d 892.
The appellees, plaintiffs below, in their complaint, prayed for various categories of relief. They sought to have appellant required to perform the covenants in the deeds therein mentioned, and to have appellant temporarily, and thereafter permanently enjoined from using the property therein described, and from interfering with access to certain property therein. They further sought to have appellant enjoined from interfering with the free use of the club house and golf course by members of the Indian Lake Club, and from attempting to charge the property owners a recreational facilities maintenance fee. And finally, appellees prayed that appellant be made to transfer to Indian Lake Club the ownership of the club house, golf course, and recreational facilities, and that a receiver be appointed to collect all future payments for general maintenance, etc.
Appellant filed a motion to dismiss the •complaint, or, in the alternative, to strike plaintiff, Indian Lake Club, as a party; a motion to dismiss the complaint of John H. Gray, et al.; and a motion for more definite statement, etc. The chancellor heard the various motions and entered his order, in part as follows:
“ORDERED AND DECREED that all of said Motions be and the same hereby are denied, and defendant be and it is hereby allowed twenty (20) days from the date of this Order within which to file and serve its answer to the Complaint.”
The appellees pray for certain categories of relief, but no testimony has been taken thereon. After the taking of testimony, the chancellor may determine what relief, if any, can be given.
Affirmed.
SHANNON, C. J., and SMITH and WHITE, TJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Indian Lake Ests., Inc. v. Special Invs., Inc., 154 So. 2d 883 (Fla. 2d DCA 1963)…erlocutory appeals in Special Investments, Inc., v. Indian Lake Estates, Inc., Fla.App., 154 So. 2d 892; Indian Lake Estates, Inc., v. Special Investments, Inc., Fla.App., 154 So. 2d 892; and Indian Lake Estates, Inc., v. Indian Lake Club, Fla.App., 154 So. 2d 893, upon which, for reasons of convenience, disposition has been deferred until after arguments in the present case. This case is being appealed by Indian Lake Estates, Inc., and Caroline T. Zappa, also known as Caroline T. Maisano. Appellant Indian La…
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Indian Lake Ests. v. Indian Lake Club, 161 So. 2d 219 (Fla. 1963)…'Certiorari denied without opinion. 154 So. 2d 893.…
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Special Invs., Inc. v. Indian Lake Ests., Inc., 183 So. 2d 20 (Fla. 2d DCA 1966)…So. 2d 883; Indian Lake Estates, Inc. v. Special Investments, Inc., Fla.App.1963, 154 So. 2d 892; Special Investments, Inc. v. Indian Lake Estates, Inc., Fla.App.1963, 154 So. 2d 892; and Indian Lake Estates, Inc. v. Indian Lake Club, Fla.App. 1963, 154 So. 2d 893. Since the filing of the instant case there has been presented here a “Suggestion of Bankruptcy of Appellee, Indian Lake Estates, Inc., and Motion for Order Substituting Trustee in Bankruptcy as Appellee.” The motion is granted. The trustee appoint…
Authorities Cited
- Indian Lake Ests., Inc. v. Special Invs., Inc., 154 So. 2d 883 (Fla. 2d DCA 1963)
- Indian Lake Ests., Inc. v. Special Invs., Inc., 154 So. 2d 892 (Fla. 2d DCA 1963)