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J, ~91,f ~~r IN THS CIRCUIT COURT OF THE ~
a~t 9.r ~1, NINETEENTH JUDICIAL CIRCUIT~ IN
L,Lo,ti AND FOR ST. UX~E O~lY. FLORIDA
~~~6Z~~ CASE N0. 78-356-CA
PORT ST: LUCIE BANK, ) ~
. )
Plaintiff, )
)
vs . ~ A.~'1 E N,~~
~ )
~ ROBERT C. AMANN and ) ORDER
~ MARIE A. AMANN, his wife, )
)
~ Defendants. )
)
~ THIS ACTION was heard on November 14, 1978, on
the Plaintiff's Motion for Partial Sum~ary Judgment and
Motion for Leave to Amend, and the Plaintiff's attorney
at the time of the t~'earing having also made Ore Tenus '
Motions to Sever the Foreclosure Action for Trial and
Notice for Trial, and the Court having considered the
pleadings, th~ Affidavits, the Response to Request-for
Admissions, and the arguments~of counael, it is
ORDERED AND ADJUDGED as follows:
~ 1. The following material facts appear without
; substantial controversy and shall be taken as_true in
~ subsequent proceedings:
;
~ (a) The promissory note, mortgage and hypothe-
~ -
cation security agreement were executed by the Plaintiff
.as alleged in the Complaint and said note and mortgage are
in default. ~
2. There remains an issue to be tried before
the Court as to whether it is equitable to_ order fore-
closure because of the conduct of the pazties at the.time
of the making of the note, mortgage and hypothecation
~
~
~ security agreement.
~ - -
~ 3. The Ore Tenus Motions of Plaintiff to sever
~ this issue for trial and Notice for Trial are allowed and
granted and this cause be and the same is hereby set for
arvoEaSON, DUN(iEY
& HERSHEY, iA ~
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1[51 E/1i'T OCEAM ~1Y0. ~ .
~r ~S7 OifICE ~O7{ ~ ~ ~ - -
STUART, fIORbA 3~M~ U D~~ .
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