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293395 IN THE CIRCUIT COURT FOR ST. LUCIE
COUNTY, FLORIDA.
CASE N0. 74-854-CA
JOSEPH RAY OWENS and DOROTHY A. .
OWENS, his wife, et al, ~
Plaintiffs, .
VS . fILEO ANO REC~tQ~~
~T. ROCERCpdiTRAS
TIiE JERNIG~1rT AGENCY and TNL ~~ERKCIRCUIT COIIIIT ~
•~~IG~ ~~TY ~ 11ECOR0 YERIFIED
Defendants . ~T ~Q ~ j ~'r~
2~3396
ORDER
This cause came on to be heard October 11, 1974 on Defendant's
Motion to Dismiss, Motion to Strike and Amended Motion to Strike,
and the Court having heard argument of counsel for both parties
and being otherwise fully advised, it is, therefore,
ORDERED AND ADJUDGED, as follaws:
1. Defendant's Motion to Dismiss is hereby denied, and the
defendant shall have ten days from date hereof in which to file
its answer to the Complaint.
2• That paragraphs 1, 2 and 3 of defendant's Motion to Strike
are hereby denied. Paragraph 4 of defendant's Motion to Strike ~
as to plaintiffs' paragraph 6 of the prayer for re~li~f--in the
!
; Complaint relating to plaintiffs' request for attorney's fees,
I
judgment is hereby withheld until trial, whereupon the defendant
may renew its Motion to Strike at the conclusion of the trial.
3. That paragraphs 1, 3 and 4 of defendant's Amended Motion
to Strike are hereby denied, and paragraph 2 of the Amended Motion
to Strike relating to paragraph 14 of plaintiffs' Complaint is -
granted in part. Plaintiff shall strike that portion of paragraph
14 of their Complaint as follows:
. .with fixed plans regarding
~ the use by themselves of all the
property involved."
The Amended Motion to Strike as to the remainder of paragraph
14 of the Complaint is hereby denied. ~
DONE AND ORDERED at Fort Pierce, Floiida, this ~ day -
of October, 1974.
~ Copies furnished to:
Charles E. Becht, Esq. T JUDGE -
Spencer B. Gilbert, Esq.
BOOK~W~ PAGE~~
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