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HomeMy WebLinkAbout0203 IN THE CIRCUIT COURT 19TH "~`~~-'`-ti~~ JUDICIAL CIRCUIT, IN~AND FOR ST. LUCIE COUNTY, FLORIDA CASE NQ. 75-2$$ ~ SUN BANK OF FORT PIERCE, a banking corporation, Plaintiff-Garnishor . vs - MAC' S CLEARING SERVICE, INC LLO AMA !tECp~0 and BRIAN K. MCCARTY , I I I, AOCER P0~ Ris ~ Cl,ERK CiRCi~IT COUAt REOORO Y~11~FIED Defendants, and NOLAN KING, JR., Garnishee ~ ` ~ ~ ~'~v ORDER ~ "~0 This cause coming on for hearing on Plaintiff-Garnishor's ~ motion for summary judgment, and it appearing that the Garnishee has admitted indebtedness to the Defendant, BRIAN K. MCCARTY, III, on a mortgage note assigned to said defendant, and upon which the Garnishee is the payor, and the Court having heard argument of counsel and being fully advised in the premises, it is thereupon ORDERED AND ADJUDGED as follows; 1. Plaintiff-Garnishor's motion for summary judgment is granted. ~ ~ 2. As between the Defendant payee, by assignment, MCCARTY ( and Plaintiff-Garnishor, the Flaintiff-Garnishor, SUN BANK OF FORT PIERCE, is entitled to the proceeds of the mortgage note on which Garnishee is indebted to Defendant. 3._ Entry of final judgment is deferred pending a deter- mination of the precise amount due ~}d owing to Plaintiff- ~ ~~4~1n[t~~c.'s :o Garnishor under the aforesaid note~ and upon a ur er determina- tion of the rights of the Internal Revenue Service, if any, to the payments on said note. DONE AND ORDERED this Z.~ day of , 1976. . rcuit Ju ge Copies furnished counsel. C:ri ~ ~ NCIIL ORI/FIN JCFiRIE9 i (.LOrO CHAqTENED P. O BO% t270. ~OttT RERCE. iLOR10A 33450 - tElEP110NE (305) aM-9200 ~ ~ . - - -P.'~;: _ . , _ _ . . . . _ . _ . . _ .`+a~