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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA CIVIL DIVISION
CASE NO. 79-458-CA
WILLIAM J. SBARISCIA and )
AILEENE 8. SBARISCIA, his )
wife, )
Plaintiffs, )
vs. )
POINTS SOUTH BUILDERS, INC., )
a Florida corporation, and )
RICHARD MILLER, )
Defendants. )
ORDER
THIS CAUSE came on to be heard upon the Defendants'
Motion to Dismiss, Motion to Strike, and Motion to Abate and
Transfer. The Court having considered pleadings, the arguments
of counsel and citations of law, it is
ORDERED AND ADJUDGED as follows:
1. Upon the agreement of counsel, the Motion to
Transfer to Martin County, Florida, as the convenient forum,
be and the same is hereby granted. The Clerk of the Circuit
Court of St. Lucie County is hereby ordered to transfer this
cause to the Clerk of the Circuit Court of Martin County. The
Defendants shall be responsible for the payment of the filing
fee, if any, which is charged by the Clerk of the Circuit Court
of Martin County.
2. Upon the consent of the parties that the pending
motions~be heard at this time, the Motions to Dismiss be and the
same are hereby granted with the exception of the allegation of
POINTS SOUTH BUILDERS, INC. that 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
Pla}ntiffs shall have forty-five (45) days within which to file
an amended complaint.
3. The Motion to Dismiss for insufficiency of service
of process on the corporate Defendant be and the same is hereby
OK Q.~
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