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Legal Opinion

Flagler Federal Savings & Loan Ass'n v. Greenview Apartments, Ltd.

District Court, S.D. Florida

Decided July 5, 1995No. 92-6603-CIVPublishedCited by 6 opinions

1Opinion of the Court

ORDER

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the Court upon Plaintiffs supplemental motion to dismiss (DE 41). Having reviewed the record, considered the argument of counsel, and been advised on the premises, the Court GRANTS Plaintiffs motion for the reasons set forth below.

I. Factual background

Greenview Apartments, Ltd. (“Greenview”) was a real estate developer. On July 28, 1988, it recorded a notice of commencement for the construction of an apartment complex. A surveyor then surveyed, staked, flagged and verified the boundary monuments of the construction site. Greenview…

2Cases cited16 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Ernest Leon Clemons v. Dougherty County, GeorgiaCourt of Appeals for the Eleventh Circuit · 1982
  4. In Re William M. ALTON, Debtor, Bronson F. BYRD, Plaintiff-Appellant, v. William A. ALTON, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
  5. Serge Marquis v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Eltrex International Corporation v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Michael M. Mills v. Federal Deposit Insurance Corporation, as Receiver for Nashua Trust Company, James P. Goodrich v. Federal Deposit Insurance Corporation, as Receiver for Dartmouth BankCourt of Appeals for the First Circuit · 1992

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3Cited by6 opinions

  1. Elmco Properties, Inc. v. Second National Federal Savings Ass'nCourt of Appeals for the Fourth Circuit · 1996
  2. Federal Deposit Insurance v. Lacentra Trucking, Inc.Court of Appeals for the Eleventh Circuit · 1998
  3. Elmco Properties, Incorporated v. Second National Federal Savings AssociationCourt of Appeals for the Second Circuit · 1996
  4. FDIC v. Greenview Apartments, Ltd.Court of Appeals for the Eleventh Circuit · 1998
  5. FDIC v. Greenview Apartments, Ltd.Court of Appeals for the Eleventh Circuit · 1998

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