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IN THE CIRCUIT COURT ~ THE NINEI~TIH
JUDICIAL CIRCUIT IN ArID FOR ST. IIX;IE
. OOtNi'Y, FZARILIA
EDWARD Li4P7RENCE, Trustee. CASE N0. 79-572 CA '
Plaintiff,
vs.
PATRICIA HiJBBARD, et al.,
Defendants.
oR~ n~nnaG n~e~rm~ars ~ Nryrlaa To DISNQSS AND NrJ''I'Iaa To
DISNIISS LIS PENDIIIS
THIS CALtSE having cottt~ on to be heard before the Court upon the
Defendant, PATRICIA HiJBBATiU'S, Notion to Dismiss on January 14, 1980, and the
Plaintiff, F~ItD IAWTtII~, Trustee, having been represented by G. Russell Petersen,
Esquire. and the Defendant, PATRICIA having been represented by J. Stephen .
TierncE:y, III, Esquire, and the Court having heard argument of vowLSel and being
otherwise fully advised in the premises, finds as follows:
(1) That it is not necessary that the Plaintiff prochice the usual
form of deed in order to awn real estate, for example, Plaintiff may have received
the weed and lost it before it was ever recorded. Recordation is not necessary.
(2) The recitation in the Irrevocable Trust to the effect that the
Tiustse has r~oeived the property is prima facie evidence of that fact which, of
course, could be rebutted.
(3) The difficulty is iix3entifying the precise legal description
might well Lie resolved by investigating Loan Number 11758 of First Federal Savings
and Loan Association of Fort Pier~oe which probable has abstracts and other tents
reflecting the intentions of the settlor which in turn would indicate the precise
legal description inwlved.
The Court having found as outlined above, denies the Motion to Dismiss
and the Nbti.,on to Dismiss the Lis Pendens and grants the Defendants Twenty (20) Days
from the date of this order in which to file responsive pleadings.
DCt~ ACID ORLEEtID at Fort Pierce, St. Lucie Camty, Florida, this
14th day of March, 1980. 4'79599
l3PA M1~R ! T !t~ ~ 04
t~J~ C111~IIT COUP G. T JLlDCaE
Copies furnished to:
J. Stephen Tierney, III, Esquire
Russell Petersen, Esquire
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