HomeMy WebLinkAbout0618 ~i
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:3~,~ IN THE CIRCUIT COURT Of T~E ~I~E~
TEENTH JUDICIAL CIRCUIT IN ANO FOR
ST. LUCIE COUNTY, STATE OF FLORIDA
~ CASE N0. 77 548 CA
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DANNY LEE MERRIMAN, ~ ~ ~
Plaintiff, -
vs.
; VfLDE FORD, INC.,
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Defendant. ~ j
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1; 0 R D E R
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Ij This cause came on for hearing on the lOth day of
~ February, 1978, upon the Motions of Defendant, YELOE FORD, INC.
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~i The Court having heard the argument of counsel, considered the
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same and being otherwise fully advised in the premises; now, there
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fore, it is ;
ORDERED and ADJUDGEO as follows: ~
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1. Defendant's Motion for Change of Yenue as set forth in~
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Paragraph 1 of the Motions is hereby denied. !
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i~ 2. Defendant's Motion to Dismiss because of Plaintiff's ~
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~ I' failure to join an indispensable party is hereby granted.
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~ II 3. The Court reserves ruling on Defendant's Motion to ~
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~ Dismiss for failure to state a cause of action and Motion for Morei
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~ Definite Statement as set forth in Paragraph 3 of_Defendant's ~
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~ Motions. ~
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~ i 4. Paragraphs 4 and 5 of Defen~dant's Motions are denied ;
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i for the reason that the parties have stipulated, in Chambers, to I
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= Plaintiff's withdrawal of Exhibit A. ~
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~ 5. The parties have stipulated in Chambers to Plaintiff's~
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i withdrawal and dismissal of Count II of the Complaint. ~
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6. Defendant's ~lotion to Dismiss Count III of the Com- ~
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~ j~ plaint for failure to state a cause of action for the recovery of
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~ attorneys' fees and exemplary damages because of insufficiency of
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i~ allegations or facts as to their recovery as set forth in Para- ,
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~ ~;j graph 7 of Defendant's Motion is granted. GR q ;
~ ~i B~OK~BiG PAGE U~O ~
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~ i~ Smith, O'Halre, Thatcher b Quinn, Attomeys At Law. P. O. Box 1030, Vero Beach, Florida 32960 ~ E
~ (30~ 567-4351 l i
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