19 Randall Greene Accused of Stealing a House
INSTRUMENT# 2014065316 OR BOOK 4489/P AGE 2470 PAGE 4 o f 5
interest, estate, claim or equity from Defendants, William Boylan, Rosa Boylan and Alfresco Acquisitions LLC, or any persons claiming by, through or under them or any person claiming any interest in said real estate or other property and fixtures since the filing ofthe Notice ofLis Pendens herein.
(b) Pursuant to Rule 1.570(d), Florida Rules of Civil Procedure, this judgment has the effect of a duly executed conveyance and transfer that is recorded in the County where this judgment is recorded.
8. As to the First Affirmative Defense, Summary Judgment is granted in favor of the Plaintiffas it has been established that the Defendants made misrepresentations ofpast and existing facts and had no intention ofperforming the promises made.
9. As to the Second Affirmative Defense and Third Affirmative Defense, Summary Judgment is granted in favor of the Plaintiff as the causes of action for breach of contract and unjust enrichment were brought in the alternative ofone another, and this Partial Summary Judgment does not award damages, nor find liability, for breach ofcontract.
10. As to the Fourth Affirmative Defense, Summary Judgment is granted in favor ofthe Plaintiff as it is legally insufficient as it is merely a denial as to the allegations of damages. Further, the Fourth Affirmative Defense has been factually refuted as the danmges are distinct from damages that would have occurred simply from delay o f sale.
11. The Plaintiffs' address is 16735 Royal Palm Drive, Groveland, Florida 34736.
12. The Defendant, Alfresco Acquisitions, LLC, last known address was: 13900 CR 455, Suite 107, Clermont, Florida 34711.
13. The Defendants, William Boylan and Rosa Boylan, last known address was: 15019 Pendio Drive, Montverde, Florida 34756.
14. The Court reserves jurisdiction of this matter for all purposes, including without limitation to determination of damages for Count II and Count III, including without limitation to those damages which were incurred by the Plaintiff during the ownership and possession of the Property by the Defendants, and determination of liability and damages with relation to the remaining counts.
15. The Court reserves jurisdiction of this entire matter, to enter any further orders that may be equitable, appropriate and just.
DONE AND ORDERED in Chambers in Tavares, Lake County, Florida this 10 day of