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HomeMy WebLinkAbout0852 • ~.~ts"y829 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY - FLORIDA CIVIL DIVISION CASE NO. 79-456-CA EARL H. VOGT and JANE ) VOGT, his wife, ) Plaintiffs, ) vs. ) POINTE SOUTH BUILDERS, INC., ) a Florida corporation, ) and RICHARD MILLER, ) Defendants. ) ORDER THIS CAUSE came on to be heard upon the Defendants' Motions to Dismiss and Motion to Strike. The Court having considered the pleadings, the arguments of counsel and citations of law, it is ORDERED AND ADJUDGED as follows: 1. The Motions to Dismiss be and the same are hereby I granted with the exception of the allegation of POINTE SOUTH gTTIT.j)FRc r TN(: , tha t there has not been sufficient service of process on it. With .that exception, the Complaint be and the same is hereby dismissed as to both Defendants. The Plaintiffs shall have forty-five (45) days within which to file an amended complaint. 2. The Motion to Dismiss for insufficiency of service of process on the corporate Defendant be and the same is hereby denied. DONE AND ORDERED .at Fort Pierce, Florida this a~ 7 ~ ILIP G ' OUR E, CIRCUIT JUDGE Copies furnished : 46829 F. Shields McManus, Esq. F~EO~~:••~ DE Harold Shear, Esq . j~• tuCr~ _ a • REroAr „ ~ 3 9 2s ~M '7~ eooK 3~~ P~cE 851