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3~~~2~%~ IN THE CIRCUIT COURT OF THE 19TH ~
JUDICIAL CIRCUIT, IN AND FOR ST: ~
LUCIE COUNTY, FLORIDA. ~
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CASE NO. 76-1D3],+CA !
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DAVID BROWN and ESSIE MAE I~EO ~wp q. ~
; BROWN, his wi~e_~ s~ ~11CIf COUN~r F~A !
, R00Ea p0~ra~s ~
Plaintiffs, ~E O~RO VER,~jEp CaURT ~
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VS. ~ ~4~ AH ~T7 i
CITY OF FORT PIERCE, a i
municipal corporation, '
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Defendant . 3~60242 '
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O R D E R i
THIS CAUSE coming on for hearing the 29th day of
December, 1976 upon the Motion to Dismiss filed on behalf of the
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Defendant and the Court having previously entered an Order on
December 29~ 1976 reserving jurisdiction to determine the issues
as to whether or not the Defendant was immune from this suit and ;
the attorneys for the respective parties having submitted their
written briefs in accordance with said Order, and the Court '
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' having reviewed the authorities and the briefs~and having consi-
dered the arguments made by the respective attorneys, and the
Court~finding; (1) That the acts of the Defendant through its
! officials were legislative or judicial in nature, and the Court '
E further finding; (2) that the Defendant has sovereign immunity
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regarding the judicial or quasi-judicial acts or legislative or
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~ quasi-legislative acts of its officials, and the Court further
finding that the wrongful acts complained of in the Complaint
are within the area ~overed by immunity, it is upon consideration ;
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~ ORDERED AND ADJUDGED that the Motion to Dismiss as '
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to the Complaint in its entirety be and the same is hereby
granted. And it is ~
~ FURTHER ORDERED AND ADJUDGED that the Plaintiff shall `
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~ have j C days from the date of this Order to plead further in
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~ this cause.
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~ DONE AND ORDERED in Chambers at 3 Y ~,~--f , ~
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~ M~.-1 County, Florida this i'~ day of /~'~-.-.-1. ,1977;.
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~ CIR JUDG
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~ i ~ ~ Pat:E ~ 45 ~
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