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IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CASE N0. 80-40 CA
EARTHA GAINOUS, ,
Plaintiff,
vs.
MARIO PEREZ SOTO and SOUTH
CAROLINA INSURANCE COMPANY,
Defendants:
O R D E R
THIS CAUSE coming on to be heard on Defendants'
motion for summary judgment, and the Court having-heard argument
of counsel and considered memoranda of law, finds and determines -
as follows:
The affidavit by Plaintiff in opposition to motion for
summary judgment and the admissions~on file raise material issues
of disputed facts as to whether there was misrepresentation and/
or a mistake in the execution of the release.. Therefore, this
precludes summary judgment for the Defendants. Ormsby v Ginolfi,
. 107 Sold 272, (3 DCA 1958). Langbein v Comerford, 215 Sold 630,
(4 DCA 1968). Miami Beach First National Bank v Tropical Park,
Inc., 215 Sold 752, (3 DCA 1968). It is thereupon
ORDERED and ADJUDGED that Defendants' motion for
summary judgment is denied.
DONE and ORDERED this day of ,
1980.
- l
ircui Judge
Copies furnished to: ~M 9vp
Ralph L. Flowers,_ Esq. ~vl
Clinton W. Lanier, Esq. .
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