HomeMy WebLinkAbout0258 IN THE CIRCUIT COURT OF ST. LUCIE
COUNTY, FLORIDA
CIVTL CASE NO. 77-492-CA
CAPELETTI BROTAERS, INC., a
Florida corporation,
Plaintif f , 4~`rg~
-vs-
HANSON DREDGING, INC., a Florida _ . .
corporation,
Defendant. - ~
.
ORDSR ON HEARING OF JUNE 2,, 1978, _
THIS CAUSE having come on before the~Court upon the
Motion directecl to, and reply to affirmative defenses to wrong-
ful injunction claim, which includes a Motion to strike and 2lotion
to dismiss, and upon the plaintiff's Motion for consolidation, and
the Court having heard the argument of counsel and being fully in-
formed in the premises, it is thereupon
ORDERED AND ADJUDGED that the defendant, HANSON DREDGI~iG's
Motion to strike the set-off and counterclaim to its wrongful injunc-
.
tion damage claim be, and. the same is, hereby granted, and said set-
j
~ off and counterclaim to said wrongful injunction damage claim be,
~ and the same is, hereby striken. However, said Motion to strike is
~ . . - - _
~ denied to the extent that it is addressed to affirmative defenses .
~ filed to said claim,~ and it is further .
ORDERED AND ADJUDGED that the Motion to consolidate be, .
and the same is, hereby grdnted as to the same affirmative defenses
respecting which the Motion to strike was denied, and the Motion to
consolidate is denied in.all ather respects, and it is further
ORDERED AND ADJUDGED that this Court takes under consi-
_ dera~ion whether the issue of the right to possession of the dredge
~ ,
general i~nediately~prior to the issuance of the injunction will be
~ tried and/or .considered at the time of the trial of the defendant's
damages from the wrongful injunction, which decision will be made ~
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