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IN T~ CIRCUIT COURT, IN l~IdD FOR
ST. LUCI3! COUNTY. FLpRIDl~. ~ _
~ CASB N0. 79~S1Z-CA -
G. S..SHBPPARD, INC.,~a Florida :
corporatioh,
Plaintiff,
-vs- - -
OCEANRISS OF HUTCHINSON ISLAND,
I INC., a'Florida corporation,at al,:
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Dafandarits . :
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a O R D 8 R
THZS C1~US8 coming on to be heard_ upon Defendant' a., OCEANRISE
OF HUTCHINSON ISLAND., INC.`6, Notion to Dismiss and the Motion to Dfsmisa.
filed by~ GERALD •JAMES, the Court being fully adviaecT, it is,
ORDERED AND ADJUDGED that. the Motion to Dismiss GERALD S.
JAMES as a party defendant be, and the same is hereby, granted.
ORDERED AND ADJUDGED that Defendant's, OCEANRISE OF BUTCH-
- INSON ISLAND, INC.'9, Motion to Dismiss Count Ion authority of Deltona
Corporation vs. Indian Palms, Inc., 323 So. 2d 282 (Fla. App., 2 D.C.A.,
1975), is dented since the surety bond validity is at issue. Defendant
shall be permitted leave to re-file.
ORDERED AND ADJUDGED that the Defendant's;~~OCEANRISE OF
IiUTCHINSON ISLAND, INC.'e, lsotion to Dismiss Count II be, and the same
is hereby, granted; and Plaintiff is hereby granted twenty (20) days
fray the entry of this Order to file Amended Complaint as to Count II.
ORDERED AND ADJUDGED that Defendant shall plead to Plain-
tiff's Complaint or any amendments thereto within ten (10) days fol-
lowing Plaintiff's filing Amended Complaints or thirty (30) days, which-
ever ffrst occurs.
DONE AND ORDERED this day of February, 1980.
Copies furnished to : ~
C IT E 4~~~
Barranco, Darlson, Daniel i Bluestein
Gerald S. James ~ ~ ~ Z: 4S
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