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(6) That the home physically encroached upon property
immediately south and adjacent to the property sold. But th~ defendant
states that this was not known to it at the t~me of the sale.
(7) That-the Defendant was advised of the encroachment and
requested to cure the encroachment.
(8) That the Defendant failed to cure the ericroachment.
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(9) That the Defendant subsequent to the sale of the property
had the groperLy surveyed.
(10) That the survey by the Defendant showed the house involved
encroached on the property immediately south.
B. EVYDENCE. Documentary and other evidence listed in the Pre-
Trial statements shall be admitted into evidence without objection except
as to relevancy and materiality. Copies of~originals may be used.
C. EXPERT WITNESSES may be called out of turn by either party.
• D. WITNESSES. Only those witnesses listed at the Pre-Trial
Conference and names filed.with the Clerk up to 7 days before trial
will be permi.tted to testify, except the parties themselves and
impeachment witnesses. Either party may call any witness listed by .
any other party.
E. Counsel shall f~.le a memorandum as to the issues of law
prior to the trial.
F. The factual issues to be litigated include the damage5
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~ suffered by the Plaintiff, and those facts not admitted by the
~ Defendants which may relate to the issue of liability.
P
~ DONE AND ORDE D at Fort Pier~e, St. Lucie County, Florida, this .
~ day of , 1979._
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* Copies furnished to:
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~ L. M. Taylor Esquire .~;g _3 ~ 2
~ Ben L . Bryan, Jr . , Esquire ` ~ ' ~ ~ J .
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