ORDER ON DEFENDANT'S SDC COMMUNITIES INC AND HENRY RODRIGUEZ'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT V - MCCANN HOLDINGS LTD vs BENDERSON, RANDALL et al

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On May 16, 2011 a case was filed by Mccann Holdings Ltd, represented by Norse, Kristin Ann, against Benderson, Randall, Rodriguez, Henry, Sdc Communities Inc et al. represented by Bentley, Morgan, Sandridge, Hala A, and Vogler, Edward Ii, in the jurisdiction of Sarasota County. Judge MERCURIO, FREDERICK P presiding.

                        
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VS. CASE NO. 2011 CA 003897 NC

SDC COMMUNITIES, INC.,
VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC, and
HENRY RODRIGUEZ,

Defendants.

ORDER ON DEFENDANT’S SDC COMMUNITIES, INC. AND HENRY RODRIGUEZ’S
MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT V
THIS CAUSE having come before the Court for hearing on january 23, 2013, on

Defendant’s SDC Communities, Inc. and Henry Rodriguez’s Motion for Partial Summary

Judgment as to Count V of the Second Amended Complaint, it is ORDERED AND

ADJUDGED:

1. Defendant’s SDC Communities, Inc. and Henry Rodriguez’s Motion for Partial

Summary Judgment as to Count V is GRANTED; the Court declines to adopt the theory that an

unenforceable agreement is the equivalent of a false agreement. On that basis the Court finds

that Count V, sl…