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Iii THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT, IN AND FOR
ST, LUCIE COUNTY, FLORIDA.
CASE N0. 78-451-CA
MEL ELKINS, )
Plaintiff, )
vs. )
PIORRIS ADGER, individually )
and in his capacity as
Marina Manager and the ) ;
CITY OF FT. PIERCE,.a
municipal corporation, )
Defendants. )
ORDER
THIS CAUSE coming on to be heard on the 13th day of
tiarch, 1979 on Defendants' motion to dismiss, motion to strike,
and motion for summary judgment, and the court having heard the
arguments o£ counsel and being otherwise fully informed of the
premises finds as follows:
1. There is a genuine issue of material fact as to
Ii whether I~[el Elkins or [•Iamel Corporation owns the boat in question;
2. That paragraph six (6) of Count I of Plaintiff's
I
second amended complaint is irrelevant and immaterial. That the
Plaintiff, by counsel, consents to the striking of paragraph
eighteen (18) and that portion of the claim for relief for the
cost of telephone installation in Count III t~f the second amended
complaint.
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3. That the second amended complaint states a cause of
action for which relief could be granted, under each of the
three counts.
Based on the above findings, it is hereby ORDE:iED and
ADJUDGED:
1. Defendants' motion to dismiss be and hereby is
denied.
2. That Defendants' motion for summary judgment be and
hereby is denied.
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