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,(3) The parties have stipulated and agreed that
there was no necessity of a non-jury trial, that all legal
issues could be resolved by the Court upon consideration of
cross-motions for summary judgment.
THEREFORE, it is hereby
ORDERED AND ADJUDGED as follows:
(a) The Petitioner, SOUTHEASTERN FIDELITY INSURANCE
COMPANY, shall, within ten days of the date hereof, submit a
basic memorandum to this court as to its position and the
authorities relied upon;
(b) Within ten days thereof, each of the Defendants
shall submit a reply memorand ~ 1J
Gw' LP"
(c) Thereafter, a etitioner SOUTHEASTERN
FIDELITY INSURANCE COMPANY, shall file a reply to the memoran-
dams filed by each the Defendants.
IT IS FURTHER ORDERED AND ADJUDGED that the Diotion
to Dismiss the Counterclaim of the Defendant, WILLIAM HUMPHREY
ANDREWS, IV, be and hereby is granted; and it is
FURTHER ORDERED AND ADJUDGED that the Defendant,
WILLIAM HUMPHREY ANDREWS, IV, shall have ten days from the
date hereof in which to file an Amended Counterclaim; and it is
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FURTHER ORDERED AND ADJUDGED that any and all issues
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I pertaining to the entitlement and the amount of any attorney's
fees of the Defendant, WILLIAM HUMPHREY ANDREWS, IV, are hereby
reserved, and shall be considered and resolved subsequent to
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this Court's determination and decision upon the Cross-Motions
for Summary Judgment.
D AND ORDERED in Chambers at Vero Beach, Florida
thi ay of May, 1979.
CIRCUI GE
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CC: Robert J. Gorman, Esq. ~gjg J`;li 2: 37
Donald Gibson, Esquire
Robin Lloyd, Esquire f~EEOAMOfictl~ilUt~!!
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BRENNAN, McAULEY, HAY51(AR 6 McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER OR., FORT PIERCE, FLA. 33450 {
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