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IN THE CIRCUIT COURT OF THE NINE- `
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST, LUCIE COUNTY, FLORIDA.
CIYIL ACTION N0. 78-149
HOSE SOUND NATIONAL BANK, a
national banking association,
Plaintiff,
vs.
HUTCHINSON ISLAND LIMITED
PARTNERSHIP, etc., et al.,
Defendants.
O R D E R
THIS CAUSE coming on to be heard on Defendants',
Hutchinson Island Limited Partnership and Gulf Oil Real Estate
Development Company, motion for summary judgment as to Counts
I, II, III and IY of the Complaint, and the Court having con-
sidered the affidavits in support of and in opposition to
said motion, the deposition of Joseph C. Mueller and the
pleadings, finds:
Count I is an action on a check. The Defendant con-
tends that Plaintiff is not a holder in due course, as Plaintiff
did not take this check for value in good faith and without
' notice that the check was overdue or has been dishonored as
i
required by F.S. 673.302. There are material issues of fact
~ as to whether Plaintiff was a holder in due course. In addition,
t
even if the Plaintiff was not a holder in due course, the
Defendant has not satisfactorily justified the non-payment or
. proven a defense. Brady on Bank Checks, 1979 Cumulative
Supplement, 1-4 Edition. It is thereupon
ORDERED and ADJUDGED that the motion for summary
judgment as to Count I is denied.
Count II is an action on the basis of a so-called
a "tri-party agreement" in which Plaintiff is seeking to recover
from this Defendant as a guarantor of all obligations of
a Ologistics, Inc., a general contractor under a line of credit
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