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IN THS CIRCUIT COURT OF THE NINETEENTH ~ ~
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR ST. LUCIts COUNTY CIVtL ACTION
REVOLEE LETINGHAM and JOE ~ NU RECORUE
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LETINGHAM, her husband,
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Plaintiffs, ) t .,r- y ~4 ~ ~4'
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FLORIDA POWER AND LIGHT COMPANY, ) 19 ~
Defendants. ) CL~~?K C~~vU
PARTIAL, SUMMARY JUDGMENT GRANTING PLAINTYFFS'
- MOTION FOR SUMMARY JUDGMENT RELIEF AS TO _
DEFENDANT FLORIDA POWER & LIGHT COMPANY'S
AFFIRAMTIVE.DEFENSE BASED ON CHAPTER 440.10 and
440.11, FLORIDA STATUTES
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THIS CAUSE was before the Court upon notice. and hearing j
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thereon, with reference to Plaintiffs' motion for the entry of
a partial summary judgment in favor of Plaintiffs and against
the Defendant, FLORIDA POWER & LIGHT COMPANY based on the
Affirmative Defense designated by said Defendant, FLORIDA POWER &
'i LIGHT COMPANY, under paragraph 24 of its Answer. Upon consideration
of the motion, and the interrogatories, depositions, affidavits, ~
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etc., in the record, the-Court is the view that-the Plaintiffs' ~
motion should be granted, and it is accordingly-
ORDERED AND ADJUDGED as follows:
~ 1. The Defendant, FLORIDA POWER & LIGHT COMPANY is _
not entitled to immunity from suit under the provisions of Chapter -
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440.10 and 440.11, Florida Statutes. Partial summary judgment
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is hereby entered in favor of the Plaintiffs and against the
Defendant,. FLORIDA PO[VER ~ LIGHT COMPANY on the affirmative
x defense plead by said Defendant seeking immunity under the
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aforementioned statute.
2. This is only a partial sunanary judgment, and is not -
a final summary judgment.
DONE AIJD ORDERED at Fort Pierce, Flo~x~, this
day of February, 1979.
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Copy furnished counsel
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