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483200
IN THE CIRCUIT COURT OF THE 19TH }
JUDICIAL CIRCUIT, IN AND FOR ST.
LUCIE COUNTY, FLORIDA. ~
CASE NO. 78-488 CA
FLORIDA BANK AT FORT PIERCE,
Plaintiff,
vs.
i
ROBERT P. POWELEIT and CAROLE -
E. POWELEIT, his wife,
a
Defendants,
O R D E R - ~
THIS CAUSE coming on for hearing this 10th day of April,
1980, upon the Motion for Leave for New Evidence and the Court
having heard the argument of Robert P. Poweleit and Carole E.
Poweleit, his wife, and the Court having also heard the testimony
of W. D. McKendrick, former President of the Florida Bank at
Fort Pierce, who testified under oath that his initials appeared
toward. the top left of center part of the original promissory
note in evidence immediately above the words "we or either" and
that the word "void" was never written on said promissory note
.beneath his initials and in fact, the note was not void and
that the proceeds of $50,000.00 were paid to the Poweleits or
i
to the individuals designated by the Poweleits for receipt of
said funds, and that the moneys had never been repaid to the
Florida Bank at Fort Pierce, and the Court finding from said
evidence that there was no evidence of fraud that would allow
the granting of a new trial or. the amending of the Final Judgment ,
previously entered and the Court being otherwise fully advised
in the premises, it is upon consideration
. ORDERED AND ADJUDGED that the Motion for Leave for New
Evidence, be and the same is hereby denied.
DONE AND ORDERED in Chambers at Fort Pierce, St. Lucie
County, Florida, this ~ day of Ap~ci ;J 0.
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CI T D E
Copies furnished to: ~
John T. Brennan, Esquire ? fs~ ~ ~s ~ Q4
Robert P. and Carole E. Poweleit
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BRENNAN, McALILEY, HAYSKAR b McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER DR., FORT PIERCE. F~A. 33450 j