On May 16, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
Mccann Holdings Ltd,
and
Benderson, Randall,
Rodriguez, Henry,
Sdc Communities Inc,
Vott A Llc,
Vott B Llc,
Vott C Llc,
Vott D Llc,
in the District Court of Sarasota County.
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA, COUNTY, FLORIDA
McCANN HOLDINGS, LTD.,
Plaintiff,
Vv. Case No. 2011CA003897NC
SDC COMMUNITIES, INC
- 7
VOTT-A, LLC, VOTT-B, LLC, 2 oy =
vVoTT-C, LLC, VOTT-D, LLC, os Se =
and HENRY RODRIGUEZ, a3 > re S
<2 o> rm ib
Defendants. = 3 zo
~ —! =x —& -
/ >Ss @
3
om on
ORDER ON DEFENDANTS’ MOTION TO DISMISS ™ o
AND PLAINTIFF’ S MOTION FOR LEAVE TO AMEND
This action was before the Court on August 3, 2011 on the
Motion to Dismiss or, in the alternative, Motion for More
Definite Statement filed by Defendants, SDC Communities, Inc.
and Henry Rodriguez, and on the Motion for Leave to Amend
Complaint filed by Plaintiff, McCann Holdings, Ltd., and the
Court being fully advised, it is, therefore,
ORDERED and ADJUDGED that:
1. Defendants’ Motion to Dismiss is hereby DENIED as to
Counts I and III of Plaintiff’s Complaint.
2. Defendants’ Motion to Dismiss is hereby GRANTED as to
Count II of Plaintiff’s Complaint, with leave to amend.
3. McCann's Motion for Leave to Amend Complaint is hereby
GRANTED.
qyogas yod Walia
join4, Plaintiff shall file its First Amended Complaint
within 20 days from the date of this Order.
DONE and ORDERED this A day of August, 2011.
LEE E. HAWORTH
CIRCUIT JUDGE
Copies to:
Morgan R. Bentley, Esquire
Edward Vogler, II, Esquire
Steven D. Hutton, Esquire
Document Filed Date
August 09, 2011
Case Filing Date
May 16, 2011
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA, COUNTY, FLORIDA McCANN HOLDINGS, LTD., Plaintiff, Vv. Case No. 2011CA003897NC SDC COMMUNITIES, INC - 7 VOTT-A, LLC, VOTT-B, LLC, 2 oy = vVoTT-C, LLC, VOTT-D, LLC, os Se = and HENRY RODRIGUEZ, a3 > re S <2 o> rm ib Defendants. = 3 zo ~ —! =x —& - / >Ss @ 3 om on ORDER ON DEFENDANTS’ MOTION TO DISMISS ™ o AND PLAINTIFF’ S MOTION FOR LEAVE TO AMEND This action was before the Court on August 3, 2011 on the Motion to Dismiss or, in the alternative, Motion for More Definite Statement filed by Defendants, SDC Communities, Inc. and Henry Rodriguez, and on the Motion for Leave to Amend Complaint filed by Plaintiff, McCann Holdings, Ltd., and the Court being fully advised, it is, therefore, ORDERED and ADJUDGED that: 1. Defendants’ Motion to Dismiss is hereby DENIED as to Counts I and III of Plaintiff’s Complaint. 2. Defendants’ Motion to Dismiss is hereby GRANTED as to Count II of Plaintiff’s Complaint, with leave to amend. 3. McCann's Motion for Leave to Amend Complaint is hereby GRANTED. qyogas yod Walia join4, Plaintiff shall file its First Amended Complaint within 20 days from the date of this Order. DONE and ORDERED this A day of August, 2011. LEE E. HAWORTH CIRCUIT JUDGE Copies to: Morgan R. Bentley, Esquire Edward Vogler, II, Esquire Steven D. Hutton, Esquire