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IN Tf~ CIIiQJIT ~P IN AND F1DR
MAKMN ~(~Ti'Y, STA'PE ~ FiDRIDA
CASE N0. 78-640 CA
JFNSF~1 REACH BANK, a Florida )
banking ooxporati,on, )
Plaintiff, )
vs. ) FI1~41~, JUDO
C. AM~1I~N and MARIE A. )
Ai?Y~DIIiI, his wife,
Defendants )
)
This cause Doming for final hearing on March 1, 1979 and the Oourt,
hearing the testimony of witnesses, considering evidence ints+oduoed, hearing
argumP.nt of co~uLSel, and being otherwise fully advised, makes the following
findings of fact:
1. That Wbodrift, Inc., borraaed $50,000.00 from the Jensen Beach Bank
on January 9, 1978. ~ese were the only ftmcls actually disbursed to Wbodrift,
2. The note dated January 9, 1978 matured on April 10, 1978 at which
time, after a $5,000.00 reductiori~ in princip/al, it was• rer~a~ed by a Hate dated
April 10, 1978 in the amount ofr,'~~000.00. /GIGS ~ .
3. Zhe note dated April lU, 1978 matured an April 10, 1978, at which
time, after a $1,500.00 reductirn in principal, it was renewed by a note dated
May 10, 1978 in the aanoimt of $43,500.00. , , ~
4. No documentary stattps were placed on the renewal notes dated April
10, 1978 and May 10, 1978, and no additional consideration was paid to Woodrift,
Inc. for the executirn of those notes.
5. Defendants, Robert C. Amann and Marie A. Amarui, his wife, executed
the guaranty in evidence as Plaintiff's Exhibit 4, guaranteeing the full payment
of any and all loans or advances to Woodrift, Inc. to, or held by, the Bank from
time to time and all times thereafter, wfiether acquired by the Bank in the
I regular course of business or by purchase, to any aggregate amount not exceeding
$50,000.00. The conflict in the evidence as to whether the .guaranty applied to
the first note dated January 9, 1978 in atmunt_of $50,000.00 is Hat germane
~ because the evidence is undisputed that it was delivered prior to the first
renewal note and the guaranty by its face, covers the subsequent renewal notes.
6. That the note dated May 10, 1978 in evidence as Plaintiff's
~ Exhibit 3 is in default and no payments have been made thereon.
IT IS, Z4~REEn~, ORDEFt'h~ AMID ADJUDC,ED, that there is now due an3 wing
fran Defendants to Plaintiff, $43,500.00 on principal; $3,351.21 interest to
March 1, 1979, with a per diem of $11.32 for each day thereafter .until paid, and
~ attorneys fees and ousts of $950.00 for a total, as of March 1, 1979, of
$47,801.20, for which let execution issue.
z ORO~'.ItED AND ADJUDC£D, at Stuart, Martin County, Florida, this day
~ of March, 1979. ~
s
~
r Circuit Judge
Copies furnished:
Carl F. Ellwanger, Esquire a°ooK 466 PAGE1787 _
• John E. Prewitt, Esquire
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