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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY, ~
FLORIDA.
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CASE NO. 79-328 CA i
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SCOTTY'S, INC.,
a Florida corporation,
Plaintiff,
-VS- {
CALVIN DAWSON,
Defendant.
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O R D E R t
THIS CAUSE came on to be heard on the 18th day of October,
1979, upon the Defendant's Motion To Dismiss and the Court having
reviewed the Motion To Dismiss, having heard the argument of the E
attorneys for the Plaintiff and Defendant, and being otherwise fully
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advised in the premises, it is thereupon
ORDERED AND ADJUDGED, as follows:
1. The Motion To Dismiss for failure to state a cause of
action of the Defendant, CALVIN DAWSON, be, and is hereby ordered
granted, and Count I of the Plaintiff's Complaint, be, and is hereby
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ordered dismissed for failure to state a cause of action. The
Plaintiff, SCOTTY'S, INC., be, and is hereby ordered granted fifteen
(15) days from the date of the rendition o£ this Order to file an
Amended Complaint as to Count I and in any such amendment the Plaintiff,
be, and is hereby further ordered to attach the applicable invoices
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or to describe the goods and to further plead the applicable dates.
2. That the Defendant's Motion To Dismiss for failure to
.state a cause of action as to Count II1, be, and is hereby ordered
granted, and it be, and is hereby further ordered that Count III of
the Plaintiff's Complaint is dismissed for failure to state a cause
of action. The Plaintiff, SCOTTY'S, INC., be, and is hereby ordered
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