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50613
IN THE CIRCUIT COURT OF, THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
CASE NO. 80-302 CA
KAZIMIERZ BILINSKI and
HELENA BILINSKI, his wife,
Plaintiffs,
vs.
ROBERT VAN NATTA and ELLEN
VAN NATTA, his wife,
Defendants.
ORDER
TNIS CAUSE came on to be heard upon the Motion filed by the
Plaintiff requesting the Court to enter an Order requiring the
Defendant ROBERT VAN NATTA to deposit the $10,000.00 placed down
as earnest money by the Plaintiffs to bind the contract for sale
and purchase between the parties herein in the registry of the
Court, and the Court having heard and considered testimony of
certain of the parties, and argument of respective counsel, and
being fully advised, finds as follows:
The Court finds that the contract for sale and purchase
Paragraph II(a), the words "In Trust", which were X'd out, were
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not initialed by the parties, and at the bottom of the contract
` immediately below Defendant Robert A. Van Natta's signature, the
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words escrow agent which were lined out, were not initialed by
the parties; and that, because of the fiduciary relationship
~ implied by being a Real Estate Broker and an Attorney at law, the
defendant, Robert A. Van Natta, had a duty to clearly disclose to
the plaintiff that the $10,000.00 deposit was to be used in the
construction of his new home which clause should have been inserted
in the contract for sale and purchase.
Accordin 1 it is
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k ORDERED AND A1~7UDGE[~ as follows
F 1. The Defendant, ROBERT A. VAN NATTA, shall either deposit
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