HomeMy WebLinkAbout1740 4A~916
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT, IN AND
FOR SAINT LUCIE COUNTY, FLORIDA
CASE NO. 79-138-CA
~1 ~
~
;CITY OF COCOA BEACH, FLORIDA,
etc. et al
Plaintiff,
vs.
'TROGOON-STRICKLAND, INC., a
:'Florida corporation, et al.,
Defendants. '
ORDER
This cause came on for Hearing on the 14th day of May,
X1979, upon Motion to Dismiss Complaint filed on behalf of
'BALBOA INSURANCE COMPANY, and the Court having heard argument
of counsel, and counsel for the Plaintiff had delivered to
..counsel for BALBOA copies of the rental contract existing between
:DRIVEWAYS, INC. and FOUNDATION WELLPOINT CORPORATION OF FLORIDA,
a copy of the subcontract agreement between DRIVEWAYS, INC. and
TROGDON-STRICKLAND, INC. and by having amended its Complaint
;by removing from Paragraph No. 8 thereof "or about" and
having amended Paragraph No. 10 thereof by inserting in the
second line immediately following the word Plaintiff the word
"orally", making such Motion to Dismiss as moot. It is,
I
ORDERED and ADJUDGED:
~ 1. That the Motion to Dismiss the Complaint as filed by
~ the Defendant, BALBOA INSURANCE COMPANY is denied and the
Defendant BALBOA INSURAN E COMPA Y a 1 av 2 da
~ C N sh 1 h e twenty ( 0) ys
from the date of this Order to file its appropriate response
to the Complaint served herein.
i 2. That the Defendant, TROGDON-STRICKLAND, INC., shall
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file its Answer on or before twenty (20) days from the date of
this Order.
DONE and ORDERED, in Chambers, ___nt
this ~S~ ~ay of ~a~ 1979 .
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Judge Dw L. G ger
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BoR. X09 oacE 173?