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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
CASE NO. 79-347-CA
OSVALDO AGUILERA,
Plaintiff,
vs.
B & H INVESTMENTS, INC.,
a Florida corporation and
HARRY BEARD d/b/a Groundswell
Skateboard Park., and MARKET
i~ INSURANCE COMPANY,
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Defendants.
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'MOTION FOR LEAVE TO FILE
PLAINTIFF'S SECOND AMENDED COMPLAINT
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COMES NOW the Plaintiff, OSVALDO AGUILERA, by and through
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his undersigned attorneys, and"moves this Court for entry of its
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3 Order granting leave to file Plaintiff's Second Amended Complaint,
and as grounds therefore would show unto the Court: ~
1. Florida Rule 1.190(a) states: ,
!i s
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..[A] party may amend his pleading only {
by leave of Court or by written consent !
s~ of the adverse party and leave shall be
given freely when justice so requires." ~
This rule applies after any initial amendment.
~ 2. Defendant Attorneys, Rupert Jasen Smith and Emory C.
~ Teel, III, have represented to me that they have no objection-to
this amendment.
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3. This amendment is made to eliminate errors correctly
pointed out in Mr. Teel's Motion to Dismiss of April 11, 1980.
WHEREFORE, Plaintiff moves this honorable Court for entry
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of its Order allowing Plaintiff to file his Second Ar.?ended Com-
i
plaint in this cause. ~
MITCHELL J. FRANK, ESQUIRE
ROBERTSON, WILLIAMS, DUANE, LEWIS,
o BRIGGS & RANSON, P.A.
538 East Washington Street
~ " Orlando, Florida 32801 i
e ' 305/425-1606
i Attorneys for Plaintiff ~
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ORDER
The Court having reviewed the file and being fully advised
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3 on the premises, it is hereby
eaox 33/ ~ 5.2(0