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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY
FLORIDA CIVIL DIVISION
CASE N0. 79-505-CA
WILLIAM FESH and ANNA FESH, )
Plaintiffs, )
vs. )
POINT SOUTH BUILDERS, INC., )
a Florida corporation, and ) CEO ~hi• = ;::,;,pp
RICHARD MILLER, Individually, ) ~•R4~=E•`;~ - ~S ~ .
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Defendants.
ORDER 4~~ ,
THIS CAUSE came on to be heard upon the Defendants'
Motion to Dismiss, Motion to Strike, and Motion for Discharge,
and the Court having Considered the pleadings and the arguments
of counsel, it is
ORDERED AND ADJUDGED as follows:
1. The Motion to Dismiss be and the same is hereby '
granted in the following particulars:
(A) Count I of the Complaint is dismissed as to
RICHARD MILLER only.
a
(B) Count II of the Complaint is dismissed.
(C) Count III of the Complaint is dismissed.
2. The rest of the Motion to Dismiss, including the
allegation of insufficient service of process on the corporate
-Defendant, be and the same is hereby denied.
3. The dismissal is without prejudice and the Plaintiffs
shall have twenty (20) days within which to file an amended
Complaint.
4. The Motion to Discharge Lien of Lis Pendens be and
the same is hereby granted. The Notice of Lis Pendens filed in
this cause be and the same is hereby dissolved and shall be of no
further force and effect.
DONE AND ORDERED at l~Q/l'~ ~t , Florida this
~2 ~ 4'/ 1979 .
CHARL S E. SMITH, CIR IT JUDGE
Copies furnished to:
Ronald Paul Whitley, Esquire
F. Shields McManus, Esquire ~e~ M.
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