HomeMy WebLinkAbout2292 442452
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR
ST. LUCIE COUNTY.
CASE N0. 78-990-FR
DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES OF THE STATE OF FLORIDA as
assignee and subrogee of the rights of
ANNIE MARIE JENKINS,
Plaintiff,
vs.
WAYNE VERNELL GILMORE,
Defendant.
ORDER
THIS CAUSE having come on to be heard on the Defendant's
Motion to Dismiss and Motion to Set Aside Default and the Court
having heard argument of Counsel and being otherwise fully and well
advised finds as follows:
1. That the Motion to Dismiss was filed after the Final
Hearing in this matter and therefore was untimely; .
2. That the jurisdictional issue raised in the Motion to
Dismiss pertained to the statutory defense of Statute of Limitations;
It is therefore
ORDERED AND ADJUDGED that the Defendant's Motion to Dismiss
shall be and it is hereby denied. It is further
ORDERED AND ADJUDGED that the Defendant's Motion to Set
~ Aside Default shall be and it is hereby denied.
f
i DONE AND ORDERED at. Fort Pierce, St. Lucie County, Florida
~ on this day of G~i~1J~ 1979.
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~ Copies furnished to :
Ralph R. Flowers, Esquire ~ ~ _
Osborne Walker O'Quinn, Esquire
442,452
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