Motion,Ex Parte: 01 2010 CA 004691 - CIRCUIT CIVIL - DIV. K (JUDGE BRASINGTON) LEWIS OIL CO INC -VS- GEER CONTRACTING INC et al

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                                IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
                         IN AND FOR ALACHUA COUNTY, FLORIDA


LEWIS OIL CO., INC.,                                           CASE NO.        10-CA-4691
                                                               DIV.            K
                Plaintiff,
                                                                                     >
Vv.
                                                                                     Bon
                                                                                      Se
                                                                                     c
                                                                                                         on
                                                                                                         a
GEER CONTRACTING, INC., and                                                                              4
PEGGY S. GEER,                                                                                               iT
                                                                                                             Ne
                Defendants.
                                        /

              PLAINTIFF’S MOTION FOR SUMMARY FINAL JUDGMENT

        COMES NOW, Plaintiff LEWIS OIL CO., INC. (“LEWIS OIL”), by and through the

undersigned, pursuant to Fla. R. Civ. P. 1.510, and moves this Court for entry of Summary Final

Judgment on all counts alleged in the Complaint in this action, in LEWIS OIL’s favor and

against Defendant GEER CONTRACTING, INC., and Defendant PEGGY S. GEER, jointly and

severally, and in support states:

        1       This is a Motion for Summary Judgment by LEWIS OIL requesting that this

Court enter summary judgment in its favor on all counts in the Complaint in this action.

        2       Based upon Florida law, this Motion, the allegations in the Complaint, the Default

against both Defendants for failure to serve or file any paper as required by law, and the

affidavits filed in support of this Motion, there is no genuine issue of material fact and this Court,

as a matter of law, may enter Summary Judgment on all counts in favor of LEWIS OIL and

against both Defendants.

        3       Defendant GEER CONTRACTING,            INC. was served with LEWIS OIL’s

Complaint in this action on August 30, 2010.


                                                         Ceiidvromeny
4       Defendant PEGGY S. GEER was served with LEWIS OIL’s Complaint in this

action on August 30, 2010.

        5      Neither Defendant timely served an answer or responsive pleading to LEWIS

OIL’s Complaint, and the Clerk accordingly entered a Default against both Defendants on

September 29, 2010.

       6       The allegations contained in LEWIS OIL’s Complaint in this action are herein

realleged and incorporated by reference.

        7      The Defendants jointly and severally owe LEWIS OIL a principal amount of

$15,600.56, plus prejudgment interest of 1.5% per month per unpaid invoice.

        8      LEWIS OIL is entitled to recover its reasonable attorney’s fees and costs pursuant

to the terms of the Credit Agreement between the parties.

       WHEREFORE, Plaintiff LEWIS OIL respectfully requests entry of Summary Final

Judgment against Defendant GEER CONTRACTING, INC., and Defendant PEGGY S. GEER,

jointly and severally, plus prejudgment interest, reasonable attorney’s fees and costs, and for any

other relief this Court deems just and proper.

                                                              Respectfully submitted,

                                                              SCRUGGS & CARMICHAEL, P.A.




                                                              JESSE CAED!
                                                              Fl   ida Bar # 055500
                                                              Post Office Box 23109
                                                              One S.E. First Avenue
                                                              Gainesville, Florida 32601
                                                              Telephone: (352) 376-5242
                                                              Facsimile:   (352) 375-0690
                                                              Attorney for LEWIS OIL
CERTIFICATE OF SERVICE


       I CERTIFY that a copy of this document was furnished by U. S. Mail to the persons listed
below on October 5, 2010.

Peggy S. Geer                Geer Contracting, Inc.
3410 Powerline Road          3410 Powerline Road
iddleburg, FL 32068          Middleburg, FL 32068

                                                                               a

                                                      Jes:   ‘aedington