HomeMy WebLinkAbout0274 . . r~16`743
IN TH~ CIRCUIT COURT OF THE 19TH
. JUDICIAL CIRCL1IT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CASE NO. 78-162-CA (Geiger) ,
GEORCIA-PACIFIC CORP., .
Plain tiff, .
vs . .
~
~ PETER C. SMITB, • ORDER
Defendant. .
THIS CALSE came on to be hearci on the defendant's Motion
to Dismiss, nlaintiff's Motion for Summary Judgment and plaintiff's
oral ir.otion for leave to amend and the court upon consideration of
the pleadings, argument of counsel and being fully advised in the.
premises, it is thereupon
OP.DERED and ADJUDGED that: ;
1. Defendant's Motion to Dismiss be and the same herebv
;
is denied.
2. Plaintiff's 24otion for Summar_y Judgment be and the
sar.te hereby is granted as to the question of jurisdiction of the
~
~ court in the action of ~.~eorgia-Pacific Com. v. Sires Lumber Company,
~
Inc., Edwin J. Wofford and Peter C. Smi~h, Court of Common Pl~eas,
E
j Civil Case I7o. 76-CP-10-248. This court finds that there are no
~ .
i issues of material fact as_to the jurisdiction of the South Carolina
~ .
~ court over defendant, PETER C. SMITH, in that action, and nartial
~
~ summary judgment is entered in favor of nlaintiff, r~EORrIA-PACIFIC
~ CORP .
~ 3. Plaintiff's Motion for Summary Judgment on the auestion
~
~ of fraud in the procurement of the South Carolina judc~ment be and ~
~
~ the same hereby is denied without nrejudice for the nlaintiff to
~ move for summary judgment at a later stage in these proceedings.
=:v .
_ 4. Plaintiff's oral motion for leave to file an amended
complaint be and the same hereby is granted and plaintiff shall file ~
~
an amended complaint within 20 days from the date of the entry of
this order. Defendant shall answer this amended complaint within
~
~
~
~ ~
~ ~ OR _
eooKZ~ 2?q' -
f.
~ - - _ _ _ - _ ~ _ _
~ ~ _ ~
~ x~
~ < - ~ ~
: ' ;
~ a _ :a -
~ ~s ' ~ -
:F^` • - ° ' -
~s- $,~.'x`'"r ~ ~3 .'"'~z",s~ ~ ~ %•`4^
~'~'~~?r-~~'~°,'~<i~~.....~ . .