Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 22

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                    10. This Second Amended Judgment supersedes and                   
               replaces the Amended Judgment entered herein on August                 
               14, 2002.                                                              
          Approximately 2 months later, on April 18, 2003, the trial court            
          filed a document confirming a sale of the marina at auction to              
          Sunroad limited partnership at the highest bid of $25.5 million.            
          Bidders at the auction numbered three, and Sunroad limited                  
          partnership’s high bid was the 14th bid after Sunroad limited               
          partnership had made an opening bid of $16.5 million.                       
               Following this sale, Sunroad limited partnership declined to           
          transfer part of the sale proceeds to Collins as directed by the            
          court of appeal decree granting specific performance and the                
          trial court’s order of February 14, 2003.  Collins moved the                
          trial court to compel compliance with the specific performance              
          decree.  On August 29, 2003, by way of a 2-page order, the trial            
          court denied that motion.  The order noted that Collins had                 
          withdrawn the $389,662 from the trial court and that it had                 
          stated in its initial decision, as amended, that this amount                
          equaled the amount that Collins would have received had it                  
          granted his request for specific performance.  The order                    
          concluded that California law (specifically, Preluzsky v. Pac.              
          Co-operative Cafeteria Co., 232 P. 970 (Cal. 1925), which held              
          that a voluntary acceptance of the benefit of a judgment or order           
          is a bar to the prosecution of an appeal therefrom), estopped               
          Collins from prosecuting his appeal of the portion of the                   

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