Seidle v. Reesmar Sales & Millwork Corp. (In re 18th Avenue Development Corp.)

5 B.R. 533, 1980 Bankr. LEXIS 4894
United States Bankruptcy Court, S.D. Florida.·Decided June 27, 1980·No. Bankruptcy No. 79-01230 BKC SMW; Adv. No. 80-0074 BKC SMW A·Published

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

THIS CAUSE came on to be heard before the undersigned Judge of this Court in this Adversary Proceeding. The trial had been continued in accordance with instructions made in open Court at the trial as well as per the written Order of this Court dated May 16, 1980.

The Trustee has filed his report on the status of mechanics’ lien claimants with regard to the real property owned by the Debtor. A copy of said report has been served upon all parties as reflected in the mailing list attached to the “Trustee’s Report of Liens filed in re 18th Avenue Development Corp., Bankruptcy.”.

This Court’s Order continuing the hearing and directing the Trustee to make a report, specifically provided that the Contract Vendees reserved the right to contest the amount, validity or priority of any liens relative to any lot particularly related to them. A copy of that Order dated May 16, 1980 was likewise served upon all those parties reflected on the attached mailing list, including mechanics lien claimants and contract vendees.

After the Trustee filed his report in accordance with the requirements and directions of that Order, various lien claimants and contract vendees filed responses to that report which are a part of this record. In addition, the Trustee served upon all interested parties a statement of his position with regard to the claims of lien filed by various mechanics lien claimants. That likewise is a part of this record.

The Court heard testimony and examined and reviewed various exhibits in evidence. Argument of Counsel was made with regard to the respective lien claimants. The Court being fully advised in the premises, makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. Due notice of the entry of the Orders above stated and of this hearing, as well as a copy of the Trustee’s Report of Liens and Statement of Position has been served upon each of the lien claimants by due course of mail at their last known address.

2. Each of the lien claimants as reflected in the Trustee’s Report of Liens has filed a mechanic’s lien claim against real property owned by the Debtor in Dade County, Florida. Said claim of lien was filed on the date and recorded in the Book and Page in the amount reflected in the Trustee’s Report of Liens.

3. The following lien claimants are hereby stricken based upon objections to the claim of lien made either by the Trustee or Counsel for contract vendees:

[535]*535(a) BRIDGE LUMBER, Claim of lien filed 7/31/79, OR Book 10469, Page 1790-$6,409.95. This claimant agreed that the claim was invalid.
(b) DESMOND & SNELLING, Claim of lien filed 8/7/79, OR Book 1077, Page 522-$22,949.21. The claim of lien on Lot 57 and Lot 52 is stricken. The claimant is entitled to a lien in the sum of $22,949.21 on the Clubhouse property only.
(c) DIVERSIFIED, claim of lien filed 6/22/79, OR Book 10432, Page 1633-$29,-984.50 is stricken.
(d) JOHN ABELL, claim of lien filed 7/18/79, OR Book 10457, Page 283-$9,-344.45 is stricken.
(e) MASONQUIP, claim of lien filed 6/26/79, OR Book 10434, Page 1313-$2,-207.47 is stricken.

4. The following claims are hereby stricken, the Court finding that they, over the objections of the Trustee and/or Counsel for contract vendees, have failed to present any evidence sustaining their entitlement to a claim of lien:

(a) SYSCON
(b) PORT OF SAN
(c) LORENE
(d) ALL STEEL ROLLED
(e) CENTRAL CONCRETE
(f) FARREY’S HARDWARE
(g) M. A. BRUDER
(h) LONE STAR (LINDSLEY)
(i) HIALEAH AIR
(j) REESMAR ,
(k) ROLL PLUMBING
(l) LA BELLE ELECTRIC
(m) GLORI ANN
(n) MIKE AULTON MASONRY
(o) MIAMI ELEVATOR
(p) STUDIO LIGHTING
(q) DONALD McINTOSH
(r) GUTTERS UNLIMITED
(s) DIXIE METAL
(t) CHUCK’S BACKHOE
(u) KRAMER STEPHENSON
(v) MIAMI RUG
(w) LONE STAR FLA.
(x) HOLLYWOOD FLOORING

5. The following lien claimants are entitled to a claim of lien in the sums respectively following their names:

(a) HOLLYWOOD APPLIANCES
Lot 14 - $ 40.56
Lot 28 - $ 5,379.92 Lot 12 - $ 452.40
Lot 26 - $ 452.40
(b) PAVER SYSTEMS-$3,960.00.
(c) FIREDOOR-$2,897.00.
(d) F.H.A.-$25,897.92 plus interest to 6/3/79. The Court has reserved jurisdiction to allocate and prorate the foregoing sums allowed to the individual lots claimed of record.
(e) MODULAR PAVING-the claim of lien is allowed to be prorated equally to all lots.
(f) PIONEER ROOFING-the claims of lien of PIONEER ROOFING are allowed individually as follows:
Lot 32 - $ 274.43
Lot 27 - $2,035.00
Lot 29 - $2,413.11
Lot 10 - $ 825.44
Lot 7 - $3,300.00
Lot 6 - $1,462.07
Lot 8 - $1,014.60
Lot 9 - $1,271.70
Recreation Building - $11,300.00

7. The claim of lien of A.D. AIR DESIGN as to Lots 5,12,15 and 18 is stricken. The claims of lien on Lots 10 and 14 are allowed in the sum of $1,987.03 and $2,292.99 respectively. These claims of lien have been assigned to PIONEER METALS.

8. The claims of lien filed by SOUTH FLORIDA PLASTERING are allowed on respective lots as follows:

Lot 6 - $4,656.50
Lot 8 - $3,849.75
Lot 9 - $3,980.90
Lot 10 - $4,317.50
Lot 11 - $4,560.00
Lot 14 - $11,243.10
Lot 15 - $1,362.90
[536]*536Lot 18 - $1,379.80
Lot 22 - $1,204.15
Lot 25 - $1,343.95
Lot 27 - $3,733.89
Lot 29 - $ 943.00
Lot 32 - $ 637.50

9. The claim of lien of BIG H is allowed only on the recreational building in the sum of $1,148.92. All other claims of lien are stricken.

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Seidle v. Reesmar Sales & Millwork Corp. (In re 18th Avenue Development Corp.), 5 B.R. 533, 1980 Bankr. LEXIS 4894 (Fla. 1980).

5 B.R. 533 (Seidle v. Reesmar Sales & Millwork Corp. (In re 18th Avenue Development Corp.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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