Equity Lifestyle Properties, Inc. v. Florida Mowing and Landscape Service, Inc.

Filing 129

OPINION AND ORDER denying 123 Reassertion of Equity's Motion for Summary Judgment. Signed by Judge John E. Steele on 10/17/2006. (BAM, )

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Equity Lifestyle Properties, Inc. v. Florida Mowing and Landscape Service, Inc. Doc. 129 Case 2:05-cv-00165-JES-SPC Document 129 Filed 10/17/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION EQUITY LIFESTYLE PROPERTIES, INC., Plaintiff, vs. Case No. 2:05-cv-165-FtM-29SPC FLORIDA MOWING & LANDSCAPE SERVICE, INC., Defendant. ______________________________________ FLORIDA MOWING & LANDSCAPE SERVICE, INC., Plaintiff, vs. EQUITY LIFESTYLE PROPERTIES, INC., f/k/a MANUFACTURED HOME COMMUNITIES, INC., Defendant. ________________________________ ORDER This matter comes before the Court on Equity Lifestyle Case No. 2:05-cv-187-FtM-29SPC Properties, Inc.'s Reassertion of Equity's January 31, 2006 Motion for Summary Judgment (Doc. #123), filed on October 3, 2006. The motion was filed in an abundance of caution to preserve the "costplus" contract issue which the Court resolved in prior Orders addressing the Second Amended Complaint. For the same reasons articulated in the Court's prior Orders, the current motion will be denied. Accordingly, it is now Dockets.Justia.com Case 2:05-cv-00165-JES-SPC Document 129 Filed 10/17/2006 Page 2 of 2 ORDERED: Equity Lifestyle Properties, Inc.'s Reassertion of Equity's January 31, 2006 Motion for Summary Judgment (Doc. #123) is DENIED. DONE AND ORDERED at Fort Myers, Florida, this October, 2006. 17th day of Copies: Counsel of record -2-

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