HomeMy WebLinkAbout0079 . ~
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i~ IN THE CIRCUIT COURT OF THB 19TH
3~1s4 JUDICIAL CIRCUIT OF FLORIDA IN '
~ AND FOR ST. LUCIE COUNTY, FLORIDA `
~S GENERAL JURISDICTION DIVISION
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j CASE N0. 77-507-FR
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IN RE: The Marriage of
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t~ NELL GERTRUDE MORTINSEN ) ~
~i' Petitioner/Wife ) - ~ ~
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and ) MOTION TO STRIKE DEFAULT
} DANNY DEAN MORTINSEN )
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_ Respondent/Husband ) ~
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Comes now petitioner, NELL MORTINSEN, by and through
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~ undersigned counsel, and moves this court to strike the Default
~ entered against respondent, DANNY DEAN MORTINSEN, and in support
~ thereof states: ~ ~
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~ 1. At the time of the filing of this action for Disso-
~ lution of Marriage, petitioner was unable to locate respondent .
~ or his address and was without knowledge as to how to locate
respondent. -
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2. Pursuant tv F.S. §49.011(4) constructive service was
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had by publication. Respondent did not Answer the Petition for
`i Dissolution and on July 7, 1977 a Default was entered by the
~ Clerk of this Court.
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~ ~ - 3. On September 12, 1977, petitioner was served with , ~
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, papers showing that respondent had #iled his own action for ~
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divorce in the courts of Minnesota. Thu~s petitioner now knows ~ ~
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~ the address of respondent and can serve upon him notice of this ~
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` action. '
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4. Respondent is desirous of filing an Answer to peti-
fi~ tioner's Action for Dissolution and petitioner desires that
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respondent be given an opportunity to Answer.
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~ ° Wherefore, for the foregoing reasons, petitioner-requests
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