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IN THE CIRCUIT COURT OF THE NINETEENTH t
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR SAINT LUCIE COUNTY. CIVIL ACTION
CASE NO. 78-550 CA
EILEEN M. McBRIAR and
DAVID McBRIAR, her husband, ~
Plaintiffs,
vs.
GEORGE E. CARTER, etc.,
et al., -
Defendants.
O R D E R
THIS MATTER coming on to be heard upon the Motions for
Summary Judgment filed by the Defendants, GORMAN COAiPANY and AIRWICK
POOL PRODUCTS, INC., d/b/a AIRQUATIC, and the Court being otherwise
fully advised in the premises, it is thereupon, s
ORDERED AND ADJUDGED that the Motion for Summary Judgment
filed by the Defendant, GORMAN COMPANY, was withdrawn. It is further
ORDERED AND ADJUDGED that the Motion for Summary Judgment
- -
filed by the Defendant, AIRWICK POOL PRODUCTS, INC., d/b/a AIRQUATIC,
is denied on the grounds that there are genuine factual issues in
dispute on all matters raised by the Defendant's Motion. It is further
ORDERED AND ADJUDGED that the befendant, AIRWICK POOL PRODUCTS, z
INC., d/b/a AIRQUATIC, was not the installer of the sand filter and all
{ references therein should be stricken from the Amended Complaint. It
P is further
i -
ORDERED AND ADJUDGED that the Defendant's, AIRWICK POOL PRO-
DUCTS, C., / AI QUA IC, Motion to Strike the implied warranty
coun the grou s of privity, is reserved. -
i
DONE AND QRDERED at the Courthouse, Saint Lucie County,
f i
Florida, this day of March, 1980.
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CIRCU J DGE '
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Copies furnished ST.lttCtF CGJHIY.ft.::. -
ROGER i'OI7RA~
counsel ctf~~ G:3"L~: c~ ,r
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BY
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