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IN THE CIRCUIT COURT FOR THE NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY, FLORIDA
CITRUS BY-PRODUCTS CO., :
Plaintif f , : ~
~s• : Case No. 76-750
INDIAN RIVSR FOOpS, INC., :
Def endant . .
.
O R D E R
This cause came on for hearing before me on plaintiff's
moti-en o
sr ummary judgment and the Court having considered the
pleadings, depositions, and affidavits filed herein, and the
Court having considered arqutaent by counsel for the parties,
and the Court beinq fully advised in the premises, it is thereupon
ORDERED AND AD.TUDGED as follows:
1. Plaintiff's motion for summary judgment is hereby
DENIED.
2. The Court determines that the praaissory note sued
upon herein was executed and delivered by the defendant to the
plaintiff for a legal consideration, that the payment due on May
15, 1976, was not niade and the principal balance remaining due
on said note is the sum of $39,458.04. Plaintiff is entitled
to a judgment in that amount, subject only to the determination
of the remaining issues on the affirmative defenses and counter-
claim filed herein by defendant, and is entitled to interest at
the leqal rate on such amount after default occurred. The facts
recited in this paraqraph 2 shall require no further proof at
the trial of this cause.
I DONE AND ORDERED in Chambers at Stuart, Florida,_ this
v~~~ay of January, I9.77.
UIT J DGE
Copies furnished to:
Richard V. Aieill, Esquire
Peter J. Winders, Esquire f~~ED A~ID RECOROEG t
Robert S. Pittman, Esquire ST ROCER pp~R~g ~
RECORD VERRf EOr CQ~RT
J,iN 31 9 3c AM'~7
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