MATTER OF MUSCATELL

Bankruptcy No. 88-2760-8P7, Adv. No. 88-444.

106 B.R. 307 (1989)

In the Matter of Brett C. MUSCATELL, Debtor. Terry E. SMITH, Trustee, Plaintiff, v. Brett C. MUSCATELL, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

October 23, 1989.


Attorney(s) appearing for the Case

Norman Davidson, Tampa, Fla., for plaintiff.

Richard Agster, Tampa, Fla., for defendant.


ORDER GRANTING MOTION FOR NEW TRIAL

THOMAS E. BAYNES, Jr., Bankruptcy Judge.

THIS MATTER came on for consideration upon Defendant, Brett C. Muscatell's Motion for New Trial. The Court reviewed the Motion and the record and finds:

On January 20, 1989, Plaintiff, Terry E. Smith (Trustee), filed a Motion for Summary Judgment. Along with the Motion, Trustee filed an "affidavit" in support of the Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56...

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