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iN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT OF FLORIDA,IN AND FOR
ST. LUCIE COUNTY. CIVIL ACTION
CASE NO. 78-543-CA Nourse
ELIZABETH GARWOOD, as Personal )
Representative of the Estate )
of Infant Daughter, GARWOOD, )
Deceased, and ELIZABETH GARWOOD )
and LESTER GARWOOD, JR., her )
husband, individually, )
)
Plaintiffs, )
) s
t
v. ~ ) ~
F. N. ARRIOLA, JR., M.D., )
FORT PIERCE MEMORIAL HOSPITAL, )
ANTONIO V. HERNANDEZ, M.D., and )
PIMCO (PROFESSIONAL INSURANCE )
MANAGEMENT COMPANY) , )
Defendants. )
ORDER RE: DEFENDANTS' MOTION TO DISMISS
FIRST AMENDED COMPLAINT ~
The Court having heard argument of Counsel and the Court
being fully advised of the facts and premises relating to the various
Motions filed by the respective Defendants in this matter and a hearing
having been held ^rPn Court on the 11th day of February, 1980, it is
j hereby
ORDERED, ADJUDGED and DECREED as follows:
1. Each of the respective Motions to Dismiss as filed by
` the Defendants relating to the First Amended Complaint are hereby
denied. '
2. A cause of action for the wrongful death of a stillborn
including a wrongful death for the stillborn in facts such are present
in the case at hand, exist ir_ this state.
a
Upon being sworn in as a J~idge and prior to assuming _
judicial responsibilities and duties, one so chosen takes an oath swear-
ing that he or she will uphold the principles and dictates of the Con-
;
i
stitution of the State of Florida as~~ell as-the principles and dicta-
i
tes of the Constitution. of the United States of America. The primary -
fi
responsibility of a Judge is to carry out the principles as espoused
in our Constitution. All other principles or mandates such as those
f