Order: FOXLAKE INC. vs NORTHEAST PETRO HOLDINGS, LLC

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                                Filing # 88334106 E-Filed 04/22/2019 03:52:53 PM


                                                         IN THE CIRCUIT COURT, FOURTH JUDICIAL
                                                         CIRCUIT, IN AND FOR CLAY COUNTY,
                                                         FLORIDA

                                                         CASE NO, 2018-CA-001129

      FOXLAKE, INC., a Panama company,

                         Plaintiff,

      Vv.


      NORTHEAST PETRO HOLDINGS 1, LLC,
      a Florida limited liability company; FIRST
      COAST ENERGY, LLP, a Colorado limited
      partnership; DENEVI PETROLAND HOLDING
      USA, LLC,; SERGIO DELMICO, individually;
      WELLINGTON S. VILELA, individually;
      RICARDO B. SILVA NEVES, individually,

                         Defendants.




                             ORDER GRANTING IN PART AND DENYING
                     IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

              THIS       CAUSE,       having come before the Court on plaintiff Foxlake, Inc.’s motion for

      summary judgment as to Counts I-II and VII of the complaint, and the Court, having reviewed

      the pleadings, heard argument of counsel at a hearing conducted on April 16, 2019 and being

      otherwise fully advised in the premises, it is

              ORDERED AND ADJUDGED:

              1          Plaintiff's motion for summary judgment        is granted   in part, which will be

      addressed in a separate Final Judgment of Foreclosure the Court is entering contemporaneously

      with this order.

              2.         Plaintiff's motion is denied in part, to the extent that the motion sought a decree

      that defendant First Coast Energy, L.L.P.’s covenants contained in its Special Warranty Deed to
defendant Northeast Petro Holdings 1, LLC are inferior or extinguished because they do not run

 with the land. The Court determined that such arguments are not properly brought as part of this

 foreclosure action.    Such argument may be raised through a subsequent action, by the new title

 holder/successor in interest following the foreclosure sale of the subject property

           DONE      AND ORDERED,    in Chambers at Green Cove Springs, Clay County, Florida, this

©)       "day
           of April 2019.


                                                        tbo MOP
                                                                                  &£

                                                                                        we,
                                                       ‘The Honorable John i. Skinner
                                                       Cc‘ikeuit Judge

 Copies to:

 JorgeE, Isaac, Esq
 Karl J. Schumer, Esq.
 Lee D, Wedekind, III, Esq,



 AHASAT-9040-5548~