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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA.
CASE N0. 77-524-CA
DEPARTMENT OF TRANSPORTATION,
Plaintiff,
-vs-
CITY OF FORT PIERCE and FORT
PIERCE UTILITIES AUTHORITY,
Defendants.
ORDER
THIS CAUSE coming on for hearing on the 12th day of February, 1980
upon Plaintiff's Motion for Summary Judgment as to Paragraph 18 of the Answer
of the Defendant, FORT PIERCE UTILITIES AUTHORITY and Paragraph 17 of the
Answer of the Defendant, CITY OF FORT PIERCE, and upon Motion of the Defendant,
FORT PIERCE UTILITIES AUTHORITY, to amend its Answer to First Amended Complaint
to add a counterclaim on behalf of said Plaintiff, and the Court having heard
argument of counsel and being otherwise fully advised in the premises, it is
upon consideration
ORDERED AND ADJUDGED that the Plaintiff's Motion for Summary Judgment
as to Paragraph 18 of the Answer of the Defendant, FORT PIERCE UTILITIES AUTHORITY
and as to Paragraph 17 of the Answer of the Defendant, CITY OF FORT PIERCE, be
and the same is hereby granted. It is
FURTHER ORDERED AND ADDUCED that the Motion of the Defendant, FORT
PIERCE UTILITIES AUTHORITY to Amend its Answer to the First Amended Complaint
of Plaintiff by adding a counterclaim thereto be and the same is hereby denied
with leave of said Defendant, FORT PIERCE UTILITIES AUTHORITY to file an
Amendment to its Affirmative Defenses filed herein on August 31, 1979 setting
:z up an Affirmative Defense of Set-Off and Recoupment against the Plaintiff,
FLORIDA DEPARTMENT OF TRANSPORTATION.
DONE AND ORDERED in Chambers at Fort Pierce Florida,
this day of March 1980.
1980 MAR -S PM ~ 48
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