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IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT, IN AND FOR ST.
LUCIE COUNTY, FLORIDA.
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CASE NO. 79-238 CA ~
GERALD JOHNSON,
Plaintiff,
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DOUGLAS GILBERT, etc.,
et al, 1980 lIAY I S PII ~ i 7
' ~ Defendants. Eo~~r,f D
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E C(RP.~If'T~
O R D E R
THIS CAUSE coming on for hearing the 1st day of May, _
t.
1980, upon the Motion to Dismiss Second Amended Complaint
and Motion to Strike filed on behalf of the Defendants, GILBERT,
and the Court having heard argument of counsel and being other-
wise fully advised in the premises, and the Court determining
that in order to allege grounds to establish a cause of action
forrescission there is a requirement for allegations of mutual
mistake and also a requirement of allegations of an offer to
.tender whatever benefit was received by the party attempting c
to rescind the contract, and further the Court determing that
specific facts spelling out fraud or mistake must be alleged
i in_accordance with the rules of procedure, it is upon consideration
i
ORDERED AND ADJUDGED as follows:
(1) That the Motion to Dismiss Second Amended Complaint
~ ~ ~
as to Counts I and II be and the same are hereby denied.
(2) That the Motion to Dismiss Second Amended Complaint
as to Count III, be and the same is hereby granted, and the ~
Plaintiff shall have ten (10) days from the date of this Order
to amend his Second Amended Complaint.
(3) That the Motion to Strike, be and -the same is hereby
denied.
DONE AND ORDERED in Chambers at ~~l
Florida, this day of May, 0.
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C C I JU E
Copies furnished to:
John T. Brennan, Esquire s~c~ ~~QQ
Osborne Walker O' Quinn, Esquire gOQKJJ~. PAGE~JO~
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BRENNAN, McALILEY, HAYSKAR Q McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER DR., FORT PIERCE. FLA. 33450
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