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4'71948 `
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IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT, IN AND FOR ST.
LUCIE COUNTY, FLORIDA.
CASE NO. 77-524 CA
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DEPARTMENT OF TRANSPORTATION,
Plaintiff,
vs.
CITY OF FORT PIERCE and '
FORT PIERCE UTILITIES
AUTHORITY,
Defendants. }
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O R D E R ~ E
THIS CAUSE coming on for hearing upon a Motion for
Summary Judgment as to Count I and Count II of the first
Amended Complaint filed by the City of Fort Pierce and
Fort Pierce Utilities Authority, and upon an oral motion
to file an amendment to the Complaint made. by the Department a
of Transportation, and the Court having heard argument of
counsel and having reviewed the file and being otherwise
fully advised in the premises, it is upon consideration
ORDERED AND ADJUDGED as follows:
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(1) That the Motion for Summary Judgment as to Count
II of the first~Amended Complaint be and the same is hereby
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granted, as the Court specifically finds that a fishwalk is
not necessary for the maintenance of travel, or is not
included within the specific definition of roads as set
~ out in Florida Statute 334.03.
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(2) That the Motion for Summary Judgment as to Count
I of the first Amended Complaint be and the same is hereby
denied, as there are genuine issues of material facts
pertaining to Count I. -
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E _ (3) That the oral motion made by the Plaintiff to file
an amendment to the Complaint be and the same is hereby granted .
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and the amendment to the Complaint filed this 27th day of
December, 1979, shall stand as a portion of the first Amended
Complaint and as part of the pleadings in this cause. And, t
the Defendants shall have ten (10) days from December 27, 1979 '
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