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4'71518
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT, '
IN AND FOR ST. LUCIE COUNTY,
FLORIDA.
CASE N0: 79-557-CA
HARMON FRUIT CONTRACTING, INC.,
a Florida corporation,
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Plaintiff , i
vs.
JOHNSON CHRYSLER PLYMOUTH, INC.,
a Florida corporation,
Defendant .
ORDER ON MOTIONS TO DISMISS AND STRIKE 1
THIS CAUSE came on to be heard on January 2, 1980, on
Defendant's Motions to Dismiss and Strike, and the Court having
heard the argument of counsel and being fully advised in the -
premises, it is herein i
i
ORDERED AND ADJUDGED as follows:
i. Defendant's motion zo dismiss %ounL i anu Cuui.i~ iii
of the Complaint for failure to state a cause of action for
specific performance is hereby granted.
2. Defendant's motion to dismiss the complaint for fail-
.
ure to state a cause of action is hereby granted.
3. Defendant's motion to strike the prayers for attor-
f ney's fees is hereby granted.
j 4. Defendant's motion to strike paragraph 4 of Count II
and paragraph 4 of Count IV is hereby denied.
~ S. Plaintiff is granted 10 days leave to amend its com-
plaint.
DONE AND ORDERED at Fort Pierce, Florida, thi day
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of January, 1980.
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Copies furnished: - 4'71.5.8
Norman L . Paxton , Jr . t98Q JAN -4 ~ ~ 38
` J. Stephen Tierney, III
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~ AfiC01m VERlFIEO
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