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IN THE CIRCUIT COURT OF THE NINETEENTH
~ - Ji1DICIAL CIRCUIT OF FLORIDA, IN AND ~
FOR SAINT LUCIE COUNTY. CIVIL ACTION. t
;
, CASE NO.: 77-522 CA ~
E
WILLIAM GARDNER, JR., ) ~
) ~ .
Plaintiff, ) ~
)
vs. ) .
)
SOUTHERN BELL TELEPHONE AND ) ~
TELEGRAPH COMPANY, )
. ) ~
Defendant. ) ;
)
) -
STIPULATION ~ND ORDER
IT IS HEREBY stipulated by and between the parties,
through their undersigned counsel, as follows:
1. That SOUTI~ERN BELL TELEPHONE AND TELEGRAPH COMPANY '
be permitted to amend paragraph 11-of it's responsive pleadings to
read as follaws:
"11. For a fourth affirmative defense, this defendant,
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, states
that their existed at the time and place of the alleged
• ~ accident an intervening cause, which was itself inde-
pendent, subsequent, unforeseeable and another cause
in fact which superceded the alleged negligence of this
defendant recited in the Complaint herein, insofar as .
it supercedes any negligence whatsoever on the part
~ of SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY as
a proximate cause of the in~ury." .
/ ~ S~ . cfu .
MICHAEL S. ROSIER, ESQUIRE _ UGLA . ZELL , IRE
2871 45th Street Stewa , Van der Hulse,~C 1& Byrd
Gifford, FL 32960 The 4 0 Bldg., 400 Royal Palm F1ay
Attorney for WILLIAM GARDNER, JR. P.O. Box 229
Palm Beach, FL 33480
Attorneys for SOUTHERN BELL TELEPHONE
AND TELEGRAPH COMPANY
ORDER
THIS CAUSE is before the Court upon the Eoregoing
Stipulation and the Court being fully advised of the premises, it is,
therefore;
ORDERED AND ADJUDGED that the foregoing Stipulation be
and the same is hereby granted and made by this Court's Order and
incorporated herein by reference in its entirety to the responsive
a~c~ ~ ~