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4~~ IN CIRCUIT COURT, NINETEENTH ~
JUDICIAL CIRCUIT, IN-AND FOR ~
ST. LUCIE COUNTY, FLORIDA.
CASE N0: 78-544 CA
JAMES R. ERSKINE, JR., and
MARGARET ERSKINE, his wife, "
Plaintiffs, .
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-vs - }
OUTDOOR RESORTS AT NETTLES ISLAND,
INC., a Condominium, a Flori a
corporation, MICHAEL DOREY: THOMAS sT.lUC1E C0
SIDWELL; VIRGINIA 0' HEAL; HARRY RECORD LERIFf t ~ j =
BRIGGS ; HARVEY AMOE ; JOHN ALOIA; 43a3Q`~8 `
KENNETH LOOFBORO; CARL JUSTICE; and (
JOHN GREIDER, ~ ~E9 s AM g ; ! {
Defendants .
ROGER AOtTRAS ~ -
~CLERK CiRCUtT COURT:
ORDER
After due notice by and to all parties affected on f
January 25, 1979, a hearing was held before the Court with
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respect to the matters disposed of by this Order. Upon ~
consideration, it is j
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ORDERED AND ADJUDGED that: }
111~ 1. The Court shall reserve decision on the Motion
f; of the Defendants, MICHAEL DOREY, THOMAS SIDWELL, VIRGINIA 1 -
I
O'NEAL, HARRY BRIGGS, HARVEY AMOE, JOHN ALOIA, KENNETH LOOFBORO, j
CARL JUSTICE and JOHN GREIDER, to Dismiss, the Complaint pre- j
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j viously filed herein against them until the time of trial; ! -
~ 2. Prior to trial, the Defendants, in their individual)
' capacity, shall be permitted to file a Motion for Summary Judg- i
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! ment or such other pleading affirmatively showing that they ,
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~~either did not vote, or voted against, the erection of the
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fence which forms the subject matter of this litigation.
DONE AND ORDERED in Chambers at Fort Pierce, St. Lucie
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~ ~ County, Florida this day of ~ A.D., 1979. #
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Copies furnished to:
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Spencer B. Gilbert, Esquire ;
j~ Vincent A. Lloyd, Esquire ' ~
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