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Check from the trust account of defendant's attorneys. In the event
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8aid payment of $30,131.99 is not paid on or before February 5, 1979, ~
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then the plaintiff may apply,ex parte and without noticG to the Court -
for the entry of a non-appealable Fin~1 Judgment in ite favor and '
against defendant, PETER C. SMITH, in the total amount of $30,131.99.
Application by piaintiff shall be made by filing a motion and affidavit
by plaintiff's attorney stating that the payment to have been made by ~
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the defendant in accordance with this Stipulation has not been made. 7
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Plaintiff may further apply for an award of a reasonable attorneys'
fee for the services of its attorneys from the date of this Stipulation
in enforcinq the Stipulation and collecting any and alI amounts due
to plaintiff or~awarded by the~Court in this action. All motions for
additional attorneys' fees only shall be with appropriate notice to_
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the defendant by plaintiff. The Court may immediately and without
hearing enter said Final Judgment against defendant. Defendant, PETER
C. SMITH, agrees and consents to the entry of a Final Judgment against
him as provided above.
5. Upon the payment of the am~unt of $30,131.99 by defendant_
to plaintiff in accordance with thi's Stipulation, plaintiff shall -
dismiss this cause with.prejudice; deliver to defendant releases
relative to defendant's obligation under the guaranty of the ac~ounts t
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E-" of Sires Lumber Company and assign to Avie M. Smith~all ~f plaintiff's
rights, title and interest in and to the South Carolina Final Judgment
E referred to in paragraph 1 above and in and to the guaranty executed
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F by PETER C. SMITfi.
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~ 6. The parties agree to and request that the Court approve
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j this 3tipulation by entering the Order set forther hereinbelow. The
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~ parties further incorporate into this Stipulation, the letter of
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~ PETER C. SMITH which is attached hereto.
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; BATCHELOR BRODNAX GUTHRIE & PRIMM
Attorneys for Plaintiff
2550 First Federal Building ~ J ~
One Southeast Third Avenue ~/L `
~ Miami, Florida 33131 (358-4962) John Edgar errar
. Attorney for Defendant
P. O. Box 4332
Fort Pierce, Florida 33450 `
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~ Ro ert A. Fre er ~
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€ ~ BL~K titJ~? tl,Gf 2~
~ LAW O~FlGES 9ATCHELOR BftODNAX GVTHRfE 6 PRIMM ~
2550 FIpST iEDERAI BUIIDING, ONE SOUT?~EAST 3~ AVEHUE, M1AM1, FIORIDA 33~31 • TEIEPNONE (305) 356-4962
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