John F. Daugharty and Sarah R. Daugharty - Page 14

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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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