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3~~5 IN THL CIRCUIT COURT OF TBE 19TH ~
JUDICIAL CIRCtJIT IN AND FOR ST. ~
~ LUCIE COUNTY, STATE OF FLORIDA. ~
' CASE NO. 74-938-CA ~
H. EUGENE MILLS,
Plaintiff,
,
vs.
N. G. GILBERT CORPORATION,
a Corporation,
Defendant.
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,
ORDER
This cause havinq come to be heard before the Court on
all pending Motions in this case and it appearing that the Plaintiff/
Counter-defendant has withdrawn Paragraph 1 of his Motion to Dismiss
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the Counterclaim of N. G. Gilbert Corporation and the Court having ~
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heard the argu~ments of counsel and being otherwise advised in the i
premises it is thereupon
ORDERED AND ADJUDGED as follows:
1. The Plaintiff's Motion to strike the first affirmative
defense of the Defendant is denied. ,
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2. The Plaintiff's Motion to strike the second affirmative
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~ defense of the Defendant is granted for the reason that the allega-
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~ tions of the Defendant are not sufficient in that they are improperly #
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~ pleaded and the Defendant is qranted 15 days in which to amend the (
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; allegations in this second affirmative defense. ~
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e 3. The Plaintiff/Counter-defendant's Motion to Dismiss
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~ Count II of the Counterclaim for the reason that it does not state ~
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_ a cause of action is granted and the Defendant/Counter-plaintiff `
= is given 15 days in which to amend the allegations of Count II of ~
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~ Counterclaim.
4. As a result of the dismissal of Count II of the ~
Counterclaim the Plaintiff/Counter-defendant•s Motion for a More ~
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` Definite Statement as to Count II of the Counterclaiun is moot.
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