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IN THE CIRCUIT CO T OF THE ~
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NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
CASE NO. 75-565 CA
JOHN B. SULLIVAN, M.D., .
Plaintiff, . - -
vs. .
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JOHN Y. SKEENS; JAMES I. TERRY; .
FEE, PARKER & LLOYD, P.A.; BECK- . ~
HAM & McALILEY, Attorneys at Law; :
and LAW OFFICES RENTZ, McCLELLAN
& HAGGARD, . .
Defendants. ~
O R D E R
THIS CAUSE came on for hearing upon the Defendants'
Motions to Dismiss the Amsnded Complaint filed October 20, 1975,
and the Court having considered the pleadings and the legal argu-
ments of counsel and being fully advised in the premises, the
Court concludes as follows:
Count I, of the Amended Complaint, states a cause of
~ action upon the theory of malicious prosecution. Count II, based
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~ upon the theory of negligence, and Count III, based upon the theo-
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~ ry of conspiracy does not state a cause of action separate and
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~ apart from that stated in Count I, Pickard v. Maritime Holdings
~ 239
~or 161 So. 2d /(DCA 3rd)(1974); Leach v. Feinberg, 101 So. 2d
~ 52 (DCA 3rd)(1958). It is thereupon
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~ ORDERED and ADJUDGED that Defendants' Motions to Dismiss
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~ Count I be and the same is hereby denied and the Defendants shall
have twenty days from the date of this order to file their answers
; thereto. It is further ~
~RDERED and ADJUDGED that Defendants' Motions to Dismiss
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~Y as to Counts II and III, are granted and Counts II and III be and
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~ the same are hereby dismissed. ~
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