HomeMy WebLinkAbout0166 ~t'.,LC RMl K.~JRUEQ
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~ f-j ~ 2~ l7~I IN COUNTY COURZ IN AND FOR ST.
LUCIE COUNTY, STATE OF FLORIDA.
?~~~~1 ' CASE NO. 74-642-SP-Ol
D. C. WHiiCOMB~
Plaintif f , ~
-vs-
~
RICHARD DILLON, °
S
Defendant. - _
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O R D S R
This matter comes before the Court upon the Defendant's
Motion To Dismiss the Statement of Claim filed herein on the }
grounds that the Plaintiff-has failed to prove a cause of action
recoqnized by the law, and the Court having heard the arguments of
counsel and the Plaintiff, and being further advised in the premises,
it is
ORDERED AND AD:NDGED that the Plaintiff has failed to prove
a cause of action and the Statement of Claim filed herein is dismissed ~
and the Plaintiff, D. C. WHITCOMB, shall take nothing by this action
and that the Defendant, RICAARD DILLON, go hence without day. In
~ arriving at this decision I take note of the fact that.the Plaintiff,
~ by his own testimony, was not the owner of the property involved in
i
` this suit at the time of the alleged destruction, but came tc~
possess same at a later date. From the testimony adduced at trial,
it is clear that the Plaintiff had no proprietary interest in the
property alleged to be damaged and hence is not the proper party to
maintain a suit for damage to the property. '
DONE AND ORDERED in Fort Pierce, Florida, this_ ay of F
i
, 1974. •
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