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IN-THE CIRCUIT COURT,
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. I:UCIE COUNTY,
FLORIDA.
CIVIL ACTION N0. 77-523 CA
HOYT C. MURPHY, INC., REALTORS,
A Florida Corporation,
PLAINTIFF,.
vs.
AL DiVAGNO,
DEFENDANT.
O R D E R
THIS CAUSE came on to be heard upon the defendant's petition
for re-hearing on the Amended Final Judgment entered in this cause
on April 1, 1980; the defendant's Motion To Vacate The Amended
Final Judgment filed April 2, 1980; the plaintiff's Motion To ,
Compel The Production Of Original Note pursuant to Florida -
Statutes X6.29(5) snd Florida Statutes 56.29(9) and the plaintiff's
Motion For An Order Allowing Execution On Judgment Nunc Pro Tunc,
and the Court having heard the argument of respective counsel for
the parties, and being otherwise further advised in the premises:
The Court finds:
1. That the Final Judgment entered in this cause on October
~ 9, 1979, and the Order taxing costs entered on February 13, 1980,
j by reason of mistake and inadvertence failed to reflect the phrase,
"for which let execution -issue".
2. That on April 1, 1980, Court entered an Amended Final
Judgment with consent of the attorneys for Che parties reflecting
as of April 1, 1980; that execution would issue. .
3. That it has and had jurisdiction of the cause to enter
such Amended Final Judgment notwithstanding the fact that the.
record on appeal had been docketed with the Fourth District Court
t
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of Appeals prior to the entry of the Amended Final Judgment.
4. That it now has jurisdiction to enter an Order Nunc Pro
r
E Tunc amending the original Judgment to.reflect execution issuing
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as of the date of the original entered Final Judgment (October 9,
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