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HomeMy WebLinkAbout2014-059IN THE NINETEENTII JUDICIAL cutcu1T COURT IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN IAN RIVER COUNTY, A political subdivision of the Mate of Fiords Petitioner, aTE4 EN 'WILLIAM ARAZIS, et at. Defendants. • A TRUE CORY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK &kaki -5_4i° dart OS/oL/a0l i+ CASENO 2OO...: t ..2$ Q * C aelio67 PARCEL: 102 AND 401 ORDER GRAN IN: PAVMEN'q` QF STATUTORY INTEROT ON FINAL - SUDGMENT YETIS CAUSE hating crime on to be heard upon Defendants, S EVE 1 WILLIAM 1 ARMS, WILLIAM GEORGE ABAZIS, and EV 01 ACHILLES ABAJ IS, Motion for Paymxtcnt of Interest on Final Judgment, and the Court being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that on January 8, 2010, Petitioner, INDIAN RIVER COUNTY, A Political Subdivision of the State of Florida, deposited FIVE HUNDRED SIXTY THOUSAND SEVEN HUNDRED FORTY and 00/100 DOLLARS ($560,740.00) into the Registry of the Court in accordance with. the Stipulated Amended Order of Taking as to Parcels 102 and 401, which was entered on December 30, 20119; and it is further ORDERED AND ADJUDGED that on November 12, 2012, a Final Judgment was rendered and kmecuted in favor of the Defendants by reason of a jury trial in the amount of SI HUNDRED THIRTY THOUSAND and. 00/100 DOLLARS ($630,000.00); and it is further ORDERED A,NI) ADJUDGED that the balance of SIXTY NINE THOUSAND TWO HUNDRED SIXTY and 00/100 DOLLARS (569,260.00) was still due and owing after the Final. Judgment was executed. saidamount being the difference between the Payment required A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK hereiaabc ve and the amount previously deposited by the Petitioner in accorda, ee with the Stipulated Amended Order of Taking as to Parcels 102 and 401; and it is further ORDERED AND ADJUDGED that on November 12, 2012, a Final Judgment was renderedand executed for statutory attorney's fees itt the amount of TWENTY-TWO THOUSAND EIGIIT HUNDRED FIFTY-FIVE and 80/100 DOLLARS (522,855.80), t), for all monetary* and non -monetary 'benefits obtained for the Defendants; and it is further ORDERED AND ADJUDGED that an November 12, 2012, a Final Judgment ordered the Plaintiff to deposit into the Court of Registry an additional sum of NINETY TWO THOUSAND TWO HUNDRED EIGHT) -FIVE and 800/100 DOLLARS (92,285.80), said amount comprising from the sum total of the remaining balance due and owing in the amount SIXTY NINE THOUSAND TWO HUNDRED SIXTY and 00/100 DOLLAR. (569,2I 0.00) and the statutory attorney's fees in the amount of TWENTY-TWO THOUSAND EIGHT HUNDRED 1111411Y -FIVE and 80/100 DOLLARS ($22,855.80), Plaintiff deposited the additional total sum. on January 15, 2013 and the Clerk of Court disbursed the sum to the Defendants on March 7.2014; and it is further ORDERED AND ADJUDGE!), that statutory interest is due on the said sum of SIXTY NINE THOUSAND TWO HUNDRED SIXTY and 001100 DOLLARS (9,268.01)) from January 8, 2010. the date of Petitioner's initial deposit into the Registry of the Court, to March 7, 2014, the date the principal sum was available to the Defendants, as follows - 1. January 8 -- December 31, 2010: Interest for the year 2010 at the rate of s : (6.00%) percent per annum, which equals to ELEVEN and 39/100 DOLLARS (51139) per day for three hundred fifty-seven (357) days for a total of FOUR THOUSAND SIXTY-SIX and 231100 DOLLAR ($4,06623) due for statutory interest for the year 2010; 2. Januar 1 — Sgptember 30. 21111: Interest. at the rate of six (6.O0%) percent per annt m, which equals to ELEVEN and 39/100 DOLLARS (511.39) per day for two hundred seventy three (273) days for a total of THREE THOUSAND ONE HUNDRED NINE and 47/100 DOLLARS ($3,109.47); and October 1 to December 31.2011: Interest at the rate of fcwr and three quarters (4.75%) percent per armum which equals to NINE and 01/100 DOLLARS (59.01) per day for ninety-two (92) days for a total of EIGHT HUNDRED TWENTY- NINE 'i EN! °Y - NINE and 92/100 DOLLARS (5829.92); and A TRL E COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 3. January 1 December 31, 2012: Interest at the rate of four and three quarters (4.75%) percent per annum. which equals to EIGHT and 99/100 notutRs ($8.99) per day for three hundred sixty-five (365) days for a total of TIIREE THOUSAND TWO HUNDRED and 35/1100 DOLLARS (53,281.35); and 4. Janu: 1 _. Deec' Icer 31 13: Interest at the .ate of four and three quarters (475%) percent per annum, which equals to NM and 01/100 DOLLARS ($9.01) per day for three hundred sixty-five (365) days for a total of THREE THOUSAND TWO HUNDRED and 35/100 DOLLAR'S (53,281.35); and 1 arch 7 '. 14: interest at the rate of four and three quarters (4.75%Q) percent per annuum which equals to NINE and 01/100 DOLLARS ($9.0.) per day for sixty-five (65) days for a total of FIVE HUNDRED EIGHTY-FIVE and 65/100 DOLLAR (5585.65). For the total sum of the statutory interest due is in Te sum of FIFTEEN THOUSAND UNE HUNDRED FIFTY -TI REE and 981100 DOLLARS ($15,153.90); and tt is ORDERED ANI) ADJUDGED, that statutory interest is due cm said sum of TWENTY. TWO THOUSAND EIGHT HUNDRED FIF TX F1VE and 801100 DOLLARS (522,855.80), from November ' 12, 2012, the date a Final Judgment was rendered and to /Ylarch 7, 2014, the date the principal sure was available to the Defendants.. as follows: 1, November 12 -- December 31.201.2: Interest for the year 2.012 at the tire of four and three quarters (435%0) percent per ;annnn , which equals to TWO DOLLARS and 97/100 DOLLARS ($2,97) per day for forty -note (49) days for a total of ONE HUNDRED FORTH-FTVrE and 33/100 DOLLARS (5145.33) due for statutory interest for the year 2012; and January 1 — December 31. 2013: Inteie-t at the rate of four and three quarters (4.75%) percent per annum, ~which equals to TWO DOLLARS and 971100 DOLLARS ($2.97) per day .for three hundred suety -five (365) days for a total of ONE THOUSAND EIGIITY-FOUR and 05/100 DOLLARS ($1,884.U5); and ;. January 1 — March 7. 2014: Interest at the rate of four and three quarte (4.75%) percent per annum, which equals to TWO DOLLARS and 97/100 DOLLARS (52.97) per day for seventy-seven (77) days for a total of ONE HUNDRED NINETY-THREE and 05/100 DOLLARS ($193.05). For the total scurf of the statutory interest due is in the sum of ONE THOUS D FOUR H1JNDRED. TWENTY-TWO and 63/100 DOLLARS ($1,422.03); and it is A TRICE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ORDERED AND DIRECTED, that upon entry and within thirty (30) days of receipt of conformed copy of this Stipulated Order, Petitioner shall pay the total sum. of SIXTEEN THOUSAND FIVE HUNDRED SEVENTY-SIX and 61/100 DOLLARS (S16,376.6I), which s the tool sum of the statutory ry interests stated hereinabove, directly to the Trust Account of David W. Holloway, P.A., 13140 Park Blvd. Suite 8, Seminole, FL 33776; and itis further ORDERED, that the Court retains jurisdiction for the purpose of awarding expert lees and costs and supplemental attorney fees and costs, if any, to the Defendants as provided in Chapter 73. Florida Statutes; and it is further DONE AND ORDERED in Chambers at Indian River County, Florida; this day 2014. —_ Copies furnished to: David W. Holloway, Esquire William K Dei3nta1, Esquire William P. Loney, Esquire Cynthia L. Cox Circuit Judge il9: TI01411 The parties, by and through the undersigned attorneys, respectfully move for rhe entry of the foregoing Stipulated Order for Payment of Statutory Interest, William P. Doney, Esq. Court for Indian Riser County Florida [Dar No 237086 Law Cees «1' Caldwell, Pacetti, varc s Schoech & Viator, LLP One Clearlake Centre. 250 S. Australian Blvd., Ste 600 Wrest Palm Beach, It 33401 Tele (561) 655-4624 Fax: (5):65a3775 Email: dc>neyy ar',catd uellpacetti.c rri. Date. David W. Holloway, Esquire Counsel for Steven William Abazis illia3n George Aba,zzs Evan Achilles Abazis Florida Bar No. 304750 David W Holloway, P.A. 13100 Park Blvd. Suite B Seminole. FL. 337.7+1 Tele: (727) 3624126 Fax; (727) 35+94529 Email: dsvidtdwhp..corn Date.: A TRUE CCPV CERTIFICATION ON LAST PAGE J.R SMITH, CLERK IN WITNESS WHEREOF, the Board approves and executed this Order Granting Payment of Statutory Interest on Final Judgment. : *: �''' a :t ( :C`: • ,, o ,con, I l ... COv�1 Attest: Jeffrey R. Smith, Clerk of Court And Comptroller B Deputy Clerk Approved: By Jos ph A Baird County Administrator Approved as to form and legal s_fficiency illiam K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY' Peter D O'Bryan, C air Date BCC Approved: May 6. 2014 of Florida vs bdivsion of the Q ISI 0 Ca C) coat0 8 1 01.4 0 V' 1 G7? 00 row 0 0' In Tei Os crti 00 49 cc L.� 0 V"ten0044asse 0ori seas grol CAS OS tri [+5 too tel n 0 slc Exis A ThL E CCPV CERTIFICATION ON LAST PAGE J.R SMITH, CLERK rim U 0. 4' A ft �, vs ._ Cal 0 Wlet 0 a aea Lif e =la ra crn 4.0 o En LT a w d ce si c L40 u r O. III E u C ci -g,"C agest 0 tt- c 0 0 c0 In trri O 0 tel 4" rt*, vgct- r9 sc ts cat 4n 41114411 4410 tic F AMrECCPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK o31091 4 EXACTLY PAY HOLWi:AY DAVID W . , P . t TRUST ACcOUNT 13100 PARK BLVD . SUITE B asmiNGLE 00366 Jeffrey R. Smith Clerk a the Circuit Court Indian .River County Vero Beach, Flail, 33776'0000 2113©©24,81 2to 3 Invote Naw ar !Invoice Date jAmount • J invoice Miniber 1 20 99401252 A 03/06/2014 0039!7 x`92, II5_8 Na 0366854 In ice Date IAA; ( 4-0 . t STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF * ; THE ORIGINAL ON FILE IN THIS OFFICE J i FREY R. S ,CLERK BY DATE 4- D.C.