HomeMy WebLinkAbout2906 3. Plaintiff's Motion to Strike that portion
of defendant Charles W. Broun,Jr.'s Third Defense ~i
(paragraph 18 of his pleading entitled Second Amended '
~
Answer and Counterclaim), relative to a collateral attack ~
~
upon that certain Final Judgment entered by the United i
States District Court for the Southern District of Florida J
. ~
in Case No. 69~1322, shall be, and the same hereby is,
granted, and there is hereby stricken from that defendant's
answer and prayer any and all references therein that
~
the aforesaid Final Judgment is invalid or should be set ;
aside or vacated.
. 4. Plaintiff's Motion to Dismiss the Counterclaim
of defendants Southeastern Pictures Corporation, North
Beach Development Company and David Binney Putnam shall ~
be, and the same hereby is, denied. ~
5. Plaintiff's Motion.to Dismiss the Counterclaim
~
,
of defendant Charles W. Broun, Jr., as contained in ~
;
- i
~ paragraphs 10 through 25 of that defendant's pleading `
~ captioned Second Amended Answer and Counterclaim, shall
i •
~ bes and the same hereby is, granted upon the ground that-
;
the said Charles W. Broun,Jr., is shown in his pleadings ~
been an em lo ee of defendant Southeastern Pictures ~
to have p y .
Corporation, and as such has no standing to counterclaim ~
against plaintiff because of an alleged breach of a
contract between plaintiff and defendant Southeastern
Pictures Corporation. Plaintiff shall have fifteen(15) _ ~
days from the date hereof within which to replead as to
~
a counterclaim. Unless such further Aiaended Counterclaim j
~ #
~ is filed within that fifteen days, this dismissal shall ,
~ `
be with prejudice. ~
~ ~
~
~
- ~ ~o~K 217 ~~289?
Y
~ A
,~ti ~K~
. . . . _
...-S.x _ ~~:h~T~