HomeMy WebLinkAbout0065 •
- t
a
i
. IN THE CIRCUIT ..OURT OF THE NINETEENTH t
' JUDICIAh CIRCUIT IN AND FOR
1!'x'750 SAINT LUCIE COUNTY, FLORIDA
CASE NO: 78-547-CA Judge Lewis
SHELBY BURCH, JOE BURCH,
CLARE BURCH,
Plaintiffs,
ORDER ON MOTIONS TO DISMISS
vs. SECOND AMENDED COMPLAINT AND
MOTION TO STRIKE PLAINTIFFS'
FLORIDA DEPARTMENT OF TRANS- CLAIM FOR PUNITIVE DAMAGES
PORTATION, STATE PAVING
CORPORATION and DALCAMP
INCORPORATED, '
Defendants.
THIS CAUSE having come on for hearing before the
Honorable Charles F.. Smith on February 12, 1980, upon Defendant,
...n`...r. Tfl1T11/~ n~nnnnnmrn~t~ ~ u..}:...,- a.., n{ a.ni gc CpCOnd Amended
Complaint, Defendant, DALCAMP, INC.'s Motion to Dismiss Second
Amended Complaint and Defendant, STATE PAVING CORPORATION's
Motion to Strike Plaintiffs' Claim for Punitive Damages, and the
Court having heard arguments of counsel and being otherwise fully ,
advised in the premises, it is hereby;
ORDERED AND ADJUDGED as follows:
1. That Defendants, STATE PAVING CORPORATION and
DALCAMP, INC.'s Motions to Dismiss Second Amended Complaint are
granted. Plaintiffs shall have ten (10) days from the date of
this Order to file a Third Amended Complaint should they wish
to do so. The Third Amended Complaint should specifically set
E forth the alledge8 wrongful activity on the part of the Defendants
and should further allege facts as to the time and place of the
alleged wrongful acts and ownership of the property by Plaintiffs
at the time the alleged-damages occurred.
2. That Defendant, STATE PAVING CORPORATION's Motion to
Strike Plaintiffs' Claim for Punitive Damages is moot in light of
the dismissal of this action.
DONE AND-ORDERED in Chambers at Fort P'erce, Saint
Lucie County, Florida, this day of , 1980. Y
C ~ w
CI I JUD E
I~~ ~
Copies Furnished To: ~f0 FtG 21 ?i; 2: cS
Barry S. Webber, Fsq. FQtD Ald. F ~r ,~a,;,;; -
John T. Brennan, Fsq. SRPWTRasa~
g Edwin R. Ivy, Fsq. aE~[riRCUiTC~t ~ '
8G
K z~?U