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IN THE CIRCUIT COURT IN A~1D
FOR ST. LtiCIE COiT~1TY, FLORIDA
CIiARLES HECKMA:~i, et ux, N0. 80-98-CA
Plaintiffs,
-vs-
BESSER COMPANY,
Defendant.
ORDER ON MOTION TO DISMISS
THIS CAUSE came on for hearing on May 27, 1980 on
Defendant, BESSER COMPANY'S, Motion to Dismiss. Present were
Janet R. DeLaura, Esq. , representing the Defendant and Michael
Jeffries, Esq., representing the Plaintiffs, and the Court
having heard argument of counsel and being fully advised in the
premises, it is hereby
ORDER~:D AND ADJUDGED as follows
1. As to Count I,~Paragraph 7(D), Defendant's Motion
to Dismiss is GRANTED and Plaintiffs will have ten (10) days from
from the date of this Order within which to file an amendment to
that part of the Complaint.
2. As to the other allegations of Count I, Defendant':s
€ notion to Dismiss is hereby DEi1IED.
3. -The Motion to Dismiss for failure to state a cause
~ of action as to Count II is hereby DENIED.
4. Defendant's Motion to Dismiss for failure to state
~ a cause of action as to Count III of the Plaintiffs' Complaint
is hereby GRANTED and Plaintiffs will have ten (10) days from the
date of this Order within which to amend so as to allege that the
product was defective in that it was in a condition unreasonably
dangerous to the user and the product is expected to and does
reach the user without substantial change affecting that condition
~ or words to that effect.
B
DONE AND ORDERED in C'ilambers at i St. Lucie
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