HomeMy WebLinkAbout0146 IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
~r~~~U FLORI DA .
CASE NO. 75-834-CA
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MOLLY INEZ HORNUNG, etc., .
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_ Plaintiff,
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vs. _
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LAWRENCE CHAPMAN, II, etc., _ ~
et al., ~ )
Defendants. )
O R D E R
THIS CAUSE came before the Court on the Motion to Dismiss
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portions of the Amended Complaint filed by the Defendants, JOSEPH %
ARCHIE SUMMERLIN, JAY SUMMERLIN and NATIONWIDE MUTUAL FIRE INSURANCE -
COMPANY. The Court has considered certain portions of the Motion
to Dismiss as a Motion to Strike. After hearing argument of counsel ~
and upon consideration it is
~ ORDERED AND ADJUDGED:
1. The claim of MOLLY INEZ HORNUNG alleging damages from
mental pain and suffering and lost of com~anionship of her son,
JOHN OTTO HORNUNG, as set forth in paragraph 52 of the Amended.
Complaint are stricken without prejudice. The said Plaintiff may
continue to maintain her claim for loss of support. ~
2. Count 3 of the Amended Complaint is dismissed with
prejudice.
3. The portion of the Amended Complaint seeking punitive
i damages against the Defendants, JOSEPH ARCHIE SUMMERLIN and NATION-
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~ WIDE MUTUAL FIRE INSURANCE COMPANY,are stricken without prejudice.
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' . 4. As to the portions of this Order which are without
f ~
E prejudice the Plaintiff shall have days in which to file an ~
Amended Complaint if she so chooses. If an Amended Complaint is
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' not filed within this period of time, the Amended Complaint shall
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deem to set forth the ~ssues which will be tried in this cause.
DONE AND ORDERED at Fort Pierce, Florida on
1976. " `
,~!C~ ' ~
RO CE ~ LEWIS ~
CIRCUIT COURT JUDGE "
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