HomeMy WebLinkAbout0664 .44,~2~4
. IN TNE CIRCUIT COURT OF THE 19~1
~ JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, STATE OF FLORIDA.
~ CASE N0. 79-80-CA
ARTHUR DAVIS and CALVIN SMITH,
Plaintiffs,
vs.
CITY OF FORT PIERCE, et al,
Defendants.
ORDER
THIS CAUSE coming on to be heard this 16th day of May. 1979,
upon the Defendants' Motion to Dismiss and Motion to Strike,
together with Plaintiffs' oral Motion to Amend the pleadings
made at the hearing, and the Court having heard the argument of
counsel, considered the issues of lacs and statutory case authority,
and being otherwise fully advised in the premises, it is
ORDERED and ADJUDGED as follows:
1. The Motion to Dismiss is hereby denied,
2. That William R. Moore is properly joined as a party under
Florida Rules of Civil Procedure~ Rules 1.250(c) and 1.190(a).
3. The Defendants' Motion to Strike as to Paragraph 6 is
I
i granted except for the last sentence which states: "The property
j is zoned C-3".
~ 4. The Motion to Strike is granted as to Paragraphs 7 and 11.
~ 5. The Motion to Strike is denied as to Paragraphs 12 and 13.
6. The Plaintiffs are granted a leave to amend the Complaint
and said amendment shall be fi.led within ten (10) days from the
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~ date of this Order.
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~ Done and Ordered in Chambers at Fort Pierce, St. Lucie County,
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~ Floridaz this day of M, ~79. `
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~ Copies furnished to : ~T9 N~•; 22 P~ 24
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~ J. Michael Brennan, Esq.
~ John T . Brennan . Esq . ~A ~
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~ RE'COAO vESIfiEQ .
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