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. ~ IN THB CIRCUIT COURT, NINETESNTH
~ JUDICIAL CIRCUIT, IN AND FOR
ST. LUCIL COUNTY, FLORIDA
~ CASS NO. 74-S13 "
2ss~os
FRED AVANT,
Plaintiff, .
vs. ~ ~ F~t.~o ~n~ aECOR~~
. fT. WCIE COUNTY L. 4
RGCER P0ITRAS
GUI1' MACHINSRY COMPANY, " CiERK c~Rtu~r CO~RT ~
RECCRD '~ERtFIED
- Defendant. p~ Z 3 y3 PM ~~a
~ +~~~4~
. ORDER
~ This matter coming on~before the Court on the
Defendant's Motion to Dismiss, and the Plaintiff's Motions
to.Add Party Defendant, Add Party Plaintiff, Order Compel-
ling Discovery,_and ~
IT APPEARING, that the Plaintiff has voluntarily _
- - ~ .
withdrawn Count IV of the Complaint tilea inerein; ana_u?~
Court having heard argument of counsel and being other- _
wise fully advised in the premises, it is -
ORDERED AND ADJUDGED that:_
1. The Defendant's_Motion to.Dismiss Counts I
and III of the Complaint filed herein is hereby. denied.
~ .
. 2. The Defendant's Motion to Dismiss Count II
~ - .
of the Complaint filed herein which sounds in strict-lia-
bility is hereby granted with further leave to amend in
the event the Appellant Courts in Florida subsequently ~
t
adopt the strict liability thea?ry in products liability
cases. -
3. The Plaintiff's Motion to Compel Di _ ery
~ is bereby denied and the objections are sustained.
~ 4. The Plaintiff's Motion to Add a third party
Plaintiff and third party Defendant is hereby granted.
DONE AND RDERSD in Fort Pier e, St. I.ucie Couilty, F-
f'
Florida, this ~~day of 1974. , :
~
Copies furnish~d to: ~ rcuit Ju e
Michael Jeffries, Esquire .g
George H. Moss, Esquire
NlILL ORIrI1N JCFFRIES i ILOYD
CNARTERED
P. O. sOx 1270. FORT MERCE. ~IORIDA ~3480 - TElEM10NE I305) 464•0200 oOR~ p~~r
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