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i~ PRE-TRIAL ORDER CASE N0: 77-58 CA
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INC., whether there was a breach of sai~ Contract, and what
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! damages, if any, the Plaintiff has sustained thereof. The ~
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" Court having read the Contract for personal services date
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December 21, 1976 attached to Plaintiff's Complaint determines ~
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~that there are ambiguities appearing ori the face of.the docu-
ment, and accordingly parol evidence will be permitted pertain-
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~ ing to any oral'discussions relating ~o the negotiations and ~
execution of this Contract. ~ ~
~ 5. The Court having heard the 1?iotions for Summary ;
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Judgment filed herein by the Defendant, OUTDOOR RESORTS AT ~
NETTLES ISLAND, INC.. and the Third Party Defendant, JOHN L.
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SMITH, the Court determines that there are sufficient disputed
. material facts so as to preclude the entry of Summary Judgment :
and the said Motions are without reason DENIED.
~ 6•. The Plaintiff's Motion to File an- Amended _
- Complaint is granted and the Defendant, OUTDOOR RESORTS AT
~ NETTLES ISLAND, INC., and Third Party Defendant, JOHN L. SMITH,
shall have ten (10) days from the date of this Order in which
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i to file an Answer or other responsive pleading. ~
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~ 7. The Defendant, OUTDOOR RESORTS AT NETTLES ISLAND, ~
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~ INC., and Third Party Defendant, JOHN L. SMITH. have filed with ~
~ ~ the Court, proposed Jury Instructions. The Plaintiff shall have ,
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~ ten (10) days in which to file its Requested Jury Instructions.
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~ This shall not preclude any party from requesting that additional -
~ Jury Instructions be given as the issues at trial develop.
~ DONE AND ORDERED in Chambers, Fort Pierce, St. Lucie County,
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~ Florida, this ~ day of , A.D., 9 79.
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~ Copes Furnished To: ~
~ 443431 ~
Vincent A. Lloyd, Esquire :
- John T. Brennan, Esquire
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~ Michael P. Lesniak, Esquire 19T9 NAY -7 A!~ 58 ~ s
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. EOURT ~
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~ BCRK JOO PAGE SC7~
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