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OR-IMPORT v. COLLINS

April 10, 1981

OR-IMPORT, INC., a corporation
v.
COLLINS, MARK Individually and t/a COLLINS COLLECTIBLES and VILMA COLLINS, CRAIG SCOTT COLLINS, STEPHEN DREW COLLINS



The opinion of the court was delivered by: GREEN

 GREEN, J.

 APRIL 10th, 1981

 FINDINGS OF FACT, DISCUSSION AND CONCLUSIONS OF LAW

 In this case plaintiff Or-Import, Inc. alleges that defendants owe it $ 26,609.48 *fn1" resulting from the purchase by defendants of jewelry. A nonjury trial was held on September 8, 1980 as to defendants Vilma Collins, Craig Scott Collins and Stephen Drew Collins. When the case was called for trial Mark Collins objected because he had not been validly served with process; therefore, I severed the action against Mark Collins and plaintiff was permitted to proceed against the other defendants. On February 4, 1981, after valid service on Mark Collins, a bench trial was held as to Mark Collins. I granted plaintiff's unopposed motion to consolidate the records of the two trials. Therefore, following these two bench trials as consolidated I make the following findings of fact and conclusions of law.

 FINDINGS OF FACT

 1. Plaintiff Or-Import, Inc. is a corporation organized under the laws of the state of Florida with its principal place of business at 419-21 Seybold Building, 36 N.E. First Street, Miami, Florida 33132.

 2. Bemi Shafier is the president of Or-Import, Inc.

 3. Defendants are citizens of the Commonwealth of Pennsylvania.

 4. The amount in controversy exceeds the sum of $ 10,000.00, exclusive of interest and costs.

 5. Or-Import, Inc. at various times during the year of 1977 sold and delivered to Mark Collins jewelry on credit.

 6. Mark Collins admits receiving the jewelry and undertaking the obligation to personally pay for it.

 7. Vilma Collins and Craig Scott Collins operate a business partnership known as "Collins Collectibles". Mark Collins is not a partner or principal of "Collins Collectibles".

 8. Mark Collins as an employee sold jewelry for "Collins Collectibles" at various times, including ...


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