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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
FLORIDA .
CASE NO. 78-136 CA
JOSE A. AGUILERA,
Plaintiff,
vs.
FLORIDA FARM BUREAU
CASUALTY INSURANCE,
etc., et al., .
Defendants. ,
ORDER
THIS CAUSE came to be heard on Plaintiff's Motion To Strike
Certain Paragraphs of Defendant FLORIDA FARM BUREAU'S Answer and
Affirmative Defenses and Plaintiff's Motion to Dismiss or Strike
Cross-Claim for Declaratory Relief. Being fully advised in the
premises and having heard argument of counsel, it is hereby
ORDERED A'JD ADeTUDGED that
1. Paragraph 3, which alleges that Plaintiff was an illegal
alien as an Affirmative Defense to the Complaint is stricken,
and it is t11e holding of this Court that even if said allegation
were true, it would not present a defense to Plaintiff's Claim.
See Coules vs. Pharris, 250 N.W. 404 (Wis. 1933); Robert vs.
Hartford Fire Insurance .Company, 177 F.2d 811 (7th Cir. 1949),
~ cert. den. 339 U.S. 920, 94 L.Ed. 1343, 70 S.Ct. 622, citing
Takahashi vs. Fish and Game Commission, 334 U.S. 410, 02 L.Ed. 1478,
68 S.Ct. 1158 (1948); Martinez vs. Fox Valley Bus Lines, Inc.,
17 F.Supp. 576 (N.D. I11. 1936); Commercial Standard Fire and
Marine Company vs. Galindo, 484 S.W. 2d 635 (Tex. App. 1972);
Artega vs. Literski, 265 S.W.2d 148 (Wis. 1978); Gates vs. Rivers,
~ 515 P.2d 1020 (Alaska,1975).
Defendants have leave to move to amend and re-assert
a defense along this line should there be a change in the law of
Florida dealing with this matter. ~
C
8~~331 P~ 302