Florida Rock Industries, Inc. v. Escambia Sand & Gravel Company, Inc.

Filing 35

JUDGMENT: Plaintiff, Florida Rock Industries, Inc., is entitled to no relief, and shall have and take nothing on, its claims for declaratory judgment asserted against defendant, Escambia Sand & Gravel Company, Inc. All claims are denied & Amended Com plaint is dismissed with prejudice. Judgment is entered in favor of counter-plaintiff Escambia Sand & Gravel Company, Inc., and against counter-defendant, Florida Rock Industries, Inc., on Escambia Sand's Counterclaim, as set out. Signed by Chief Judge William H. Steele on 6/6/2014. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FLORIDA ROCK INDUSTRIES, INC.,
Plaintiff,
v.
ESCAMBIA SAND & GRAVEL
COMPANY, INC.,
Defendant.

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CIVIL ACTION 13-0499-WS-B

FINAL JUDGMENT
In accordance with the Order entered on this date, it is ordered, adjudged and decreed
as follows:
1.

Plaintiff, Florida Rock Industries, Inc., is entitled to no relief, and shall have and
take nothing on, its claims for declaratory judgment asserted against defendant,
Escambia Sand & Gravel Company, Inc., in this action;

2.

All such claims are denied and the Amended Complaint is dismissed with
prejudice;

3.

Judgment is entered in favor of counter-plaintiff, Escambia Sand & Gravel
Company, Inc., and against counter-defendant, Florida Rock Industries, Inc., on
Escambia Sand’s Counterclaim for Declaratory Judgment;

4.

The Court declares that, absent further amendment by the parties, the term of the
subject Lease is 40 years from the original commencement date of September 14,
2005; and

5.

The Court further declares that Florida Rock does not have the contractual right
under the terms of the Lease, as amended, to terminate the Lease without cause
after September 13, 2015, by furnishing 120 days’ written notice to Escambia
Sand (although Florida Rock does have the right to terminate the Lease at any
time on 120 days’ notice if, according to commonly recognized industry

standards, commercially mineable reserves of sand and gravel on the Leased
Premises have been exhausted).
DONE and ORDERED this 6th day of June, 2014.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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