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IN T!-IE CIRCUIT COURT OF THE 19TH
JUDIGIAL CIRCUIT OF FLORIDA, IN
a3~'~~~~1~ ANll FOR ST, LUCIE COUNTY
GASE No. 75-286-CA -
,
; HELEN OLINGER, as Administratrix )
~ of the Estate of LEE DAVID OLINGER, )
` deceased, )
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~ Plaintiff, )
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i~ vs. )
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~ WINN DIXIE STORES, INC. , a Florida )
r Corporation, ROBERT LEE BRAXTON, ) '
~ and FIDELITY AND CASUALTY CO, )
~ OF NEW YORK, a foreign corporation, )
jointly and severally, )
,
)
! Defe nda nts. )
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'
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OR DER
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~i Comes the Plaintiff on a Motion to Compel Discovery and the
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Defendants, WINN DIXIE STORES, INCORPORATED and FIDELITY AND
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CASUALTY COMPANY OF NEW YORK, a foreign corporation, on their
Motion to Withdraw as Counsel for Defendant, ROBERT LEE BRAXTON,
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~ by and through their attorneys, and this Court having heard argument of
Counsel and the Court being otherwise sufficiently advised, it is hereby
ORDERED AND ADJUD.GED as follows:
1. ROBERT LEE BRAXTON is not properly before this Gourt
' and his name shall be stricken from all previous pleadings filed on his
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; behalf and the law firm of JONES, PAINE & FOSTER, P. A. may withdraw ~
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as Counsel for him. t
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; 2. That as a direct result of the inadvertence andfor mistake
,
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by Gounsel for the Defendants, the Plaintiff and her Attorney have incurred ~
~ ex nses and costs in discover and that the Plaintiff shall be awa ~
" Pe Y rded
' costs in the amount of and equal to the charges incurred for a Gourt Reporter
,
; for the two previously scheduled depositions which are recorded by a
C~ertificate of No Show in the Gourt fi1e, and that the attorney for the
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'f ,
'E Plai~riff shall be awarded an Attorney's fee in the amount of $150.00.
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j~ 3. That the Plaintiff's Motion to Compel Discovery hereby
i becomes moot and is hereby denied, 6GOK~44 PAGE
39$
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