Lapinski v. St. Croix Condominium Association, Inc. et al

Filing 89

ORDER adopting 65 REPORT AND RECOMMENDATIONS re 48 MOTION for default judgment against John Wender MOTION for summary judgment filed by James F. Lapinski. The Motion for Default Judgment is DENIED as premature. The Motion for Summary Judgment is DENIED. Signed by Judge Paul G. Byron on 11/30/2016. (MMW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION JAMES F. LAPINSKI, Plaintiff, v. Case No: 6:16-cv-1418-Orl-40GJK ST. CROIX CONDOMINIUM ASSOCIATION, INC., ESTATE OF DOUGLAS COOK, FIFTH DISTRICT COURT OF APPEALS OF FLORIDA, FLORIDA SEVENTH CIRCUIT COURT, STATE OF FLORIDA, VOLUSIA COUNTY, STEPHEN J. GUARDINO, R. BROOKS CASEY, JENNIFER CAMPEN, JOSEPH BANDY, GARY CHANDLER, JERRY AZEFF, JOHN WENDER, SANDI DEMBINSKY, WILLIAM PARSONS, JAMES CLAYTON, ROBERT ROUSE, JR. , DAYTONA BEACH SHORES, FL and ESTATE OF MICHEAL KENNEDY, Defendants. / ORDER This cause is before the Court on Plaintiff's Motion for Default Judgment and Motion for Summary Judgment (Doc. 48) filed on October 25, 2016. The United States Magistrate Judge has submitted a report recommending that the motion be denied. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed November 10, 2016 (Doc. 65), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion for Default Judgment (Doc. 48) is DENIED as PREMATURE. 3. The Motion for Summary Judgment (Doc. 48) is DENIED. DONE AND ORDERED in Orlando, Florida on November 30, 2016. Copies furnished to: Counsel of Record Unrepresented Parties 2

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