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HomeMy WebLinkAbout0052 / ; . IN THE CIRCUIT COURT OF THE ~ ' NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO. 75-565 CA JOHN B. SULLIVAN, M.D. . ~ Plaintiff, . vs. • 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 THI~ CAUSE came on for hearing upon the motion of the Defendants, FEE,.PARKER & LLOYD, P.A., under Rule 1.380, Florida Rules of Civil Procedure, and the Court having considered the deposition of ROBERT M. MONTGOMERY, JR., the pleadings filed here- in, and the legal arguments of the parties, and it appearing to the Court as follows: i That ROBERT M. MONTGOMERY, JR_ is an Attorney at Law, ~ practicing in West Palm Beach, Florida, and at one time defended ~ F a JOHN B. SULLIVAN, M.D, in the medical malpractice suit of JAMES I. € ~ TERRY vs. JOHN B. SULLIVAN. In the present suit, filed by DR. SULLIVAN against FEE, PARKER & LLOYD, P.A „ and others, it is ~ alleged that the suit against DR. SULLIVAN on behalf of JAMES I. ~ TERRY was filed without any probable cause and was false and un- ~ ~ true. Upon deposition, the witness, ROBERT M. MONTGOMERY, JR., ~ ~ $ testified that he had defended DR. SULLIVAN in said medical mal- ~ practice suit for a period of some thirty days and had consulted ~ ~ with orthopedic surgeons not connected with the TERRY case, in ~ ~ regard to the possible or probable negligence on the part of DR. ~ ~ ~ SULLIVAN in treating JAI~S I. TERRY and had written a memorandum .s ~ ~ U R ~ ~ 8di ~t ~ PACf ~ _ ~ - : - . ~ .