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IN THE CIRCUIT COURT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CASE N0. 79-351-CA
~~TESTERN AND SOUTHERN
LIFE INSURANCE COMPANY,
Plaintiff, .
vs.
FRANK HICKMAN, JR, and ROSE
HICKMAN, his wife,
Defendant .
MOTION TO VACATE
FINAL JUDGMENT, SET
ASIDE FORECLOSURE SALE,
REINSTATE PROMISSORY NOTE AND MORTGAGE
AND FOR DISMISSAL WITHOUT PREJUDICE
The Plaintiff by and through its undersigned attorney
moves this Court for an Order vacating the Final Judgment
entered herein on October 4, 1979, setting aside the fore- f
closure sale held by the Clerk of this Court on November 6,
1979, reinstating- the promissory note and mortgage which
are the subject matter of this action and dismissing this
matter without prejudice, and as grounds therefor would
show unto this Court as follows:
1. Final Judgment was entered herein in favor of
F
the Plaintiff and against the Defendants on October 4,
~ 1979, pursuant to which the Defendants were required to
pay all sums found to be due and owing under the said note
~ and upon their failure to do so the subject real property
~ would be sold by the Clerk of this Court on November 6,
1979.
~ 2. .The subject property was sold by the Clerk
W
at said Foreclosure Sale to the Plaintiff who was the highest
bidder for the sum of $100.00.
3
3. Subsequent to said sale the Defendants have
requested that the Plaintiff allow them to reinstate said
s
E
note and mortgage and have offered to pay all back deficiencies
and costs. '
(iR
~1~~ 320 ~~F 818