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' I N '1'111: (:l It(:U 1'I' (:OUR'I' UI~ 'I'Ill~
NINETEENTH JUDICIAL CIRCUIT
. IN AND FOR ST. LUCIE COUNTY
rLORIDA.
CASE N0. 79-587-CA
DICKERSON, INC.,
Plaintiff,
vs.
JOEY DALLAIRE,. a i-linor, PAUL
DALLAIRE and CAROL DALLAIRE,
his wife, et al,
Defendants. -
ORDER
THIS CAUSE having come before the Court on March 31, 1980,
upon the various Defendants' Motions to Dismiss and Strike, and
upon the Plaintiff's Motion for Appointment of Guardian Ad
Litem, and the Court having been fully advised in these pre-
mises, it is thereupon,
ORDERED:.
1. -Plaintiff must strike from its Complaint any claim for
attorney fees.
2. Plaintiff must strike from Count 1V of its Complaint--
~ Proceeding under Chapter 741.24 Florida.Statutes--any allegation
~ of negligence.
~ 3. The Complaint is dismissed against the Defendant, All-
state Insurance Company. .
4. Count III of Plaiii'ff's Complaint--for punative
damages--is dismissed as a separate count, although a claim
for punative damages might be~proper when added to another.
count in the complaint.
5. is appointed Guardian Ad Litem
to represent the interests of Albert DeCorso, a minor, and the
!'laiaztiff will have 20 days from-the date of this Urder in which
to serve .r~/ as Guardian Ad Litem for
Albert DeCorso, a minor.
6. Upon the stipulation of counsel, Count IV of Plaintiff's
Complaint--the statutory action under Chapter 741.24--Plaintiff
will clarify the Complaint to show that the liability under the
statute is $2,500.00 per set of parents, and not $2,500.00 for
each parent. MM
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