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IN TH8 CIRCUIT COURT OF TAB NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA.
CASE N0. 79-370CA
FLORIDA POWER & LIGRT COMPANY,
a Florida corporation,
Plaintiff,
vs.
FORT,PIERCS UTILITIES AUTHORITY,
a Charter entity; OUTDOOR RESORTS
OF AMERICA, INC., a Tennessee
corporation, and ROBERT L. LORD,
Defendants.
O R D E R
THIS CAUSE coming on to be heard on April 21, 1980
on Defendant's, Outdoor Resorts of America, Inc., Motion to
Dismiss Count I of the Complaint, and the Court having heard
argument of counsel and considered memoranda of law, upon due
consideration, said motion to dismiss is hereby denied. The
Defendant, Outdoor Resorts of America, Inc. shall have twenty
(20) days from date in which to further plead.
Paragraphs 6 and 7 of the complaint, together with
the attacfiment of the letter agreement of November 14, 1972,
sufficiently alleged a contract for the purpose of pleading.
Generally, consideration and no acceptance_of an offer to
~ contract are matters of defenses which are raised in an answer.
The letter of November 14, 1972, by its terms, clearly
~ shows an inter_* rn benefit the Plaintiff as a third party
3
beneficiary.
DONE and RD RED in Vero Beach, Indian River County,
Florida thi ` ay of May, 1980.
r
k
s Circuit u ge
Copies furnished to:
Edgar A. Brown, Esq . ~~Q 't'.~:Y 3~ I~ ~ 7
Charles R.P. Brown, Esq.
Scott J. Johnson, Esq. f~tEO~hCF~GGhfkO
S R06ER
PWTRAB
CLERK CIRCIiR CWRT.~
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