HomeMy WebLinkAbout0442 'IN THE CIRCUIT CQURT, IN AND FOR
ST. LUCIE COUNTY, FLORIDA,
CASE N0. 80-77 CA '
PETER P. VASQUEZ and NANCY L.
VASQUEZ, his wife;
Plaintiffs
VS: j
BUSH POOLS & PRECAST, INC.,
A Florida Corporation, and
CLIMATROL FLORIDA CORPORATION,
A Florida Corporation;
Defendants
ORDER
THIS MATTER having come on to be heard on Defendant, CLIMATROL
FLORIDA CORPORATION'S Motion to Dismiss. Plaintiffs and Defendant,
CLIMATROL FLORIDA CORPORATION being present by and through their attor- !
neys, and the Court having considered the Motion and the arguments of
the parties, it is,
ORDERED AND ADJUDGED:
1. That Count One of Plaintiff's Complaint BREACH OF CONTRACT
applies only to the Defendant BUSH POOLS & PRECAST, INC.
2. That as to Count Two, Defendant, CLIMATROL FLORIDA CORPORATION
Motion to Dismiss is denied. Plaintiffs shall provide the Defendant,
( CLIMATROL FLORIDA CORPORATION, and the Defendant, BUSH POOLS & PRECAST,
f INC. copies of the back page of the Contract for swimming pool construc-
t
~ tion, marked as Exhibit "A" to its Complaint within twenty (20) days.
3. Plaintiffs Count Three states a cause of action for nominal
damages only and Defendant, CLIMATROL FLORIDA CORPORATION'S Motion to
Dismiss is thereby denied.
FURTHER IT IS ORDERED AND ADJUDGED that the Defendant, CLIMATROL
f
FLORIDA CORPORATION shall have ten (10) days within which to file its
Answer.
DONE AND ORDERED in Chambers at INDIAN RIVER COUNTY, Vero Beach,
- ~
~ Florida, this the ~ day of ~98Q~. ,
a ~
GE '
COPIES TO: ~
Armistead W. Ellis, Jr.,
~ Attorney for Climatrol Florida Corp.
POB 369
` Melbourne, FL., 32901 Or
33 ~ ~ Y
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