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IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR SAINT LUCIE
COUNTY, FLORIDA
CASE NO.: 78-63-CA
MARY TATE, )
Plaintiff, )
vs. )
JAMES SPOSATO, JR., JAMES L. )
BOUDET, CUSTOM HARVESTORS,
INC. , a/k/a BOUDET MANAGEMENT ) . ;'t+L'' i~~CURDED
CORPORATION, ED SCHLITT IN- - ~ - ~
SURANCE AGENCY, INC., and ) ~ ~ ~ ~ ,
AETNA INSURANCE COMPANY, s
Defendants. ) '79 7 ~ 9 ~ 59
) Q~~
O R D E R
A hearing was held on February 27, 1979 in the above
styled matter on the Defendant Aetna Insurance Company's Motion to
Dismiss the Fourth Amended Complaint. The Court having heard argu-
ments of counsel for the parties and being otherwise sufficiently
advised of the premises, it is hereby
ORDERED AND ADJUDGED as follows:
I
'j 1. The Fourth Amended Complaint is dismissed with
i
prejudice as. to the Defendant-Aetna Insurance Company. It is the-
` finding of this Court that the Plaintiff and her attorney have
prejudiced the rights of the surety and in effect released the
security for the bond by their actions in bringing about the Order
of November 7, 1978 in which the Third Amended Complaint was dis-
z
missed as to all principals in this action. By thus impairing the
surety for the bond, Plaintiff has released the surety from any
further liability in this matter.
C
DONE AND ORDERED in Chambers at Fort Pierce, Saint Lucie
County, Florida, this ~ day of r ;--.1979.
'7
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• Oir uit our Judge
Copies furnished to counsel: t
Ralph L. Flowers, Esquire
Robin A. Lloyd, Sr., Esquire `
Calvin B. Brown, Esquire
' Lawrence A. Barkett, Esquire
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