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previously ruled upon in case number 81-112-CA. Accordingly,
John moved for an entry of summary judgment in his favor.
In an Order on Motions and Partial Summary Judgment, filed
October 3, 1983, the Fourth Judicial Circuit vacated, in part,
the February 3, 1981, Stipulation and Final Judgment, including
Faye's conveyance of her interest in the Landon Imperial
Apartments.
On January 3, 1984, Faye filed a Motion for Temporary
Alimony and Suit Money. In an Order for Temporary Alimony, filed
March 8, 1984, the Fourth Judicial Circuit ordered John to "pay
to the Plaintiff the sum of $1,800.00 on or before March 10,
1984, and a like sum of $1,800.00 on the 10th day of each and
every month thereafter, until further Order of this Court, as and
for temporary alimony."
On September 26, 1984, the District Court of Appeal reversed
the Fourth Judicial Circuit's October 3, 1983, order and remanded
with instructions to dismiss Faye's complaint with leave to
amend, thereby reinstating the Stipulation and Final Judgment.
See Daugharty v. Daugharty, 456 So. 2d 1271, 1274 (Fla. Dist. Ct.
App. 1984).4 The District Court of Appeal stated:
4In an Order on Motion for Entry of Money Judgment, filed
June 12, 1985, the Fourth Judicial Circuit determined all amounts
due Faye pursuant to the Stipulation and Final Judgment.
Accordingly, the court ordered John to pay Faye $43,600.
However, the court deducted from this total the amounts already
paid by John pursuant to the Fourth Judicial Circuit's Mar. 8,
(continued...)
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