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IN THE CIRCUZT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
~ PORT ST. LUCIE BANK, ) CIVIL ACTION
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Plaintiff, ) CASE NO. 78-356-CA
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"s . j ~~p~11213 Jq~r
ROBERT C. AMANN and ) 0
MARIE A. AMANN, his wife, ; ~ NQY~ ~
( - Defendants. ~ ~p `
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ORDER e~'(~,~, ~
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~s THIS ACTION was heard on November 14, 1978, on
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- ~E Plaintiff's Motion for Partial Summary Judgment and Motion for .
Leave to Amend, and the Plaintiff's attorney at the time.of ~
hearing having also made Ore Tenus Motions to Sever the Fore-
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closure Action for Trial and Notice for Trial, and the Court
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having considered the pleadings, the Affidavits, the Response to
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Request for Admissions, and the arguments of counsel, it is
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ORDERED AND ADJUDGED as follows: ~
1. The following material facts appear without ~
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substantial controversy and shall be taken as true in subsequent
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proceedings: ~
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(a) The promissory note, mortgage and hypothecation ;
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~ security agreement were executed, delivered and are held by the ~
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; Plaintiff as alleged in the complaint and said note and mortgage ~
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~ ~ in default.
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' 2. There remains an issue to be tried before the
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Court as to whether it is equitabZe to order foreclosure because
j! of the conduct of the parties at the time of the making of the
note, mortgage and hypothecation security agreement.
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~ 3. The Ore Tenus Motions of Plaintiff to sever this i
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~ j issue for trial and Notice for Trial are allowed and granted and ~
~ ~ this cause be and the same is hereby set for non-jury trial ,
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~ in Fort Pierce, Florida on the calendar commencing Wednesday,
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~ December 6, 1978 at 9:30 a.m. - '
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~ ` 4. The Motion for Leave to Amend and the Second
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~ ~;pR~OA 33~3~ ~
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