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IN THE CIRCUIT COURT OF THE
NINETEENTN JUDICIAL CIRCUIT,
IN AND FOR ST LUCIE COUNTY~
FLORIDA.
CASE NUMBER 76-295-CA
RAYMOND D. PARKS, ORVILLE R. PARKS ) ~
and RAY'S INN, INC.. a Florida
Corporation, )
Plaintiff ) ORDER ON PLAINTIFFS' MOTION
TO VACATE AND SET ASIDE `
~s, ~ SUMMARY FINAL JUDGMENT =
ST LUCIE PLAZA, a Joint Venture of )
MELVIN F. SEI~LER, FRED A. BESHARA ~ FILEO ANO REC RDFO
Individually and as Trustee, =T•LUCIE COUN~r F~~.
~ AOCER POITIIAS
ALBERT L. DANGLER 8IId NICHOLAS - RECORD YEp FjE~t COURT ~
0 ;
MANOS,
Defendants ~ MaR 15 9 0~ aH'~~ ;
THIS CAUSE came on for hearing on the Plaintiff's Motion =
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to Vacate and Set Aside Summary Final Judgment and the Court having ~
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heard argument of counsel and having considered the written
memorandum filed herein and being otherwise fully advised in the
premises; it is the finding of this Court that:
. 1. The Plaintiffs herein have failed to file a motion
for hearing within ten days after the entry of judgment as
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provided for in Rule 1.530, Fla. R. Civ. P.; ' ~
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; 2. The Plaintiffs' motion herein is filed more than ~
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' ten days after the entry of judgment and Plaintiffs' cite as
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' authority therefore Rule 1.540 (b), Fla. R. Civ. P.; °4
I ;
~ 3. Shelby Mutual Insurance Company of Shelby, Ohio vs. .
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~ Pearson, 236.So 2d 1, 4, specifically holds that Rule 1.540 (b)
~ is not intended to cover the situation as here where the court is
asked to reconsider the legal propriety of a previously entered
Summary Judgment.
Therefore, it is:
< ORDERED AND ADJUDGED '
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~ TNAT the Plaintiffs' Motion be and the same is hereby denied
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~ under the authority cited above,
~ DONE AND ORDERED this ~y day of March in chambers at }
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Ff P.~_ , 3~ L,, County , Florida .
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.
~ Dwtght . Geiger `
~ Circuit Judge
~ Copy F~rnished: Richs~rd D. Sneed, Esquire E ri ~~6E ~
~ Vincent A. Lloyd. Esquire