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i~a~5~ IN THE CIRCUIT COURT OF THE
- NINETEENTH JUDICIAL CIRCUIT
TN AND FOR ST. LUCIE COUNTY,
STATE OF FLORIDA
CIVIL ACTION N0. 73-886
JOHN KAUTZ, JR. , d/b/a
KAUTZ CONSTRUCTION COMPANY,
LEO AlI~ RECOftpEd
Plaintiff, ~ luCrF cou,~n p~~ ~
6lERlCCC ~CU~Y C URT ~ ~
-V3- RFr,4P0 yENIF1ED~`
MR. AND MRS. VERDERY A. CLARK, ~ t8 AM ~~3
De-fendant s .
/
ORDER OF DISMISSAL
THIS CAUSE having come on-to be heard before me on Defendants'
Motion to Strike and Motion to Dismiss and the rourt being other-
wise advised in the premises, it is
ORDERED AND AD~JUDGED that :
1. Defendants' Motion to Dismiss dated the 6th day of
December, 19T3, shall be and the same is hereby granted in that
Plaintiff's complaint upon its face reveals that Plaintiff has
failed to comply with Florida Statutes, Chapter 713, and therefore
fails to state a cause of action as to Count I of Plaintiff's
complaint; and that, as to Count II of Plaintiff's complaint., the
facts plead do no~ establish ~a e of action.
2 P ltiw~-t ! 5 7'~'
, . Iaintiff shall have s from the date of this Order
in which to file an amended complaint.
` 3• The Lis Pendens filed in this action by Plaintiff on the
20th day of November, 1973, and recorded in Official Record Book
? 221, page 294, of the Public Records of St. Lucie County, Florida,
is hereby dissolved. -
' DONE AND ORDERED in Chambe:s at Fort Pieree, Florida, this
17th day of December, 1973.
Ci Judge
;
' OR ~
BOGK ~AGE2~~