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482833
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
FLORIDA.
CASE NO.: 80-97 CA
i
ROBERT KELLY, ;
1
Plaintiff,
vs.
f
JAMES ARTHUR BURNEY, ST. LUCIE '
HARVESTING CORPORATION and `
FLORIDA FARM BUREAU CASUALTY INS. -
t
Defendants.
O R D E R
THIS CAUSE having come on to be heard on March 31, 1980,
upon Defendants' Motion to I?ismiss/Strike, and this Court having
considered the merits of said Motion, having been advised by
counsel of record for the Plaintiff that JAMES ARTHUR BURNEY,
i
individually, is the-only Defendant being sued for punitive
damages, and having otherwise been fully advised in the premises,
it is,
ORDERED AND ADJUDGED as follows:
(1) Defendants' Motion to Strike "shame, humiliation-, and
personal inconvenience" from paragraph (13) of Count I is hereby
granted.
(2) That the Motion of the Defendant, JAMES ARTHUR BURNEY,
to dismiss/strike the claim for punitive damages which has been
brought against him in Count I is hereby denied. .
(3) That the Motion of the Defendants' St. Lucie Harvesting ~
Cor ortioti and Flori
p da Farm Bureau Casualty Insurance Company
to dismiss/strike any claims for punitive damages against them
is hereby granted.
(4) That Defendants shall have twenty (20) days from
the date of entry of this Order within which to file p leadings
in response to Plaintiff's Complaint in its revised form per
i
the terms of this Order.
g~(~29 g46
BRENNAN, McALILEY, HAYSKAR 6 McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER OR., FORT PIERCE. FLA. 33450