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IN THE CIRCUIT COURT OF THE
19th JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR ST. LUCIE COUNTY
CASE NO. 73-426 CA
CHARTER OAK FIRE INSURANCE .
COMPANY,
Plaintiff,
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JOHN C. PADEN~ d/b/a PADEN
PLUMBING COMPANY~ et al. , .
Defendants. .
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ORDER
This cause came on to be heard September 12~ 1973, upon Motion to
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Sever of Defendant, United States Fire Insurance, and Motion to,Strike of Defendants, ~
Tohn C. Paden, d/b/a Paden Plumbing Eompany, American Fire and Casualty -
Insurance Company, Jimmie Casson, a minor by and through his father and next .
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friend, John B. Casson, and the Court having heard argument by counsel for all ;
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! parties and being otherwise advised in the premises, upon c~nsideration thereof, j
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5 ORDERED AND ADJUDGED as follows:
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~ 1. That Defendant's, United States Fire Insurance Company, Motion
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~ to Sever be and is hereby granted.
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~ 2. That the Motion to Dismiss of Defendants, John C. Paden d/b/a,
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~ Paden Plumbing Company, American Fire and Casualty Company, Jimmy Casson ~
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~ a minor by and through his Father and Next Friend, John B. Casson be and the
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same is hereby denied. That the Motion to Strike of John C. Paden d/b/a, Paden
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'k Plumbing Company, American Fire and Casualty Company, Jimmy Casson
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a minor by and through his Father and Next Friend, John B. Casson is granted 9
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- in part and denied in part, that is the last two (2) sentences of paragraph eight (8) F
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of said Complaint are stricken and paragraph eight (8) shall read as follows: ~
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~ " 8. By virtue of the facts and circumstances of said , fire as above alleged, S
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~ the, doctrine of res ipsa loquitur is applicable to the clairn against defendants. "
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