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IN THE CIRCUIT COURT OF THE ±
NINETEENTH JUDICIAL CIRCUIT, IN AND
FOR ST. LUCIE COUNTY, STATE OF FLORIDA
CASE NO. 78-489-CA
THE RIPLINGER WASHINGTON )
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EDITORS, INC.,
Plaintiff,
JON H. BERKEY and JOHN L.
HANNETT, Individually and )
as Cotrustees,
Defendants,
PARTIAL SUMMARY JUDGMENT
• On May 22, 1979, a hearing was held before this Court upon
Plaintiff's MOTION FOR SUMMARY FINAL JUDGMENT. No counter-Affidavits
were filed by the Defendants at or prior to the hearing contesting
any affidavits filed by Plaintiff. The original promissory note and
mortgage involved in this action were attached to Plaintiff's
AFFIDAVIT AS TO SUMS DUE which was previously filed in the Court
file. It appears from the record based upon the pleadings and
Affidavits on file that there is no genuine issue as to any material
fact, with the sole exception of the description of the property upon
which Plaintiff is entitled to foreclose in the event that Defendants
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are able to provide a survey and form releases as more specifically
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i set forth in this judgment. With the exception of the issue of
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partial releases, Plaintiff is entitled to judgment as a matter of
law on the sums due on the mortgage, costs, and other matters as more
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specifically set forth in this judgment. It is thereby
ORDERED AND ADJUDGED:
1. This Court has jurisdiction of the subject matter and
of all parties named in Plaintiff's Foreclosure Complaint.
2. The equities in this cause are with the Plaintiff and
against. the Defendants named in this action on all matters with the
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y exception of the issue of partial releases.
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