HomeMy WebLinkAbout0421 This includes a dismissal as to both the contribution and
indemnification theories set out in the Amended Third Party
Complaint. Stated alternatively, the claim of the FEC
Railway Company for contribution and/or indemnification as
against Clyde Caldwell is hereby dismissed with prejudice with
each party to bear their own respective costs. -
- (2) The Counterclaim filed by FEC-Railway Company
against Clyde Caldwell presents a legal dilemma. At the time
said counterclaim was filed, Clyde Caldwell was a Plaintiff.
That is no longer so. Clyde Caldwell is not now a plaintiff.
Further, the counterclaim is not at issue. This counterclaim -
is hereby severed from the Plaintiff's case which will be
tried against FEC Railway Company on June 9, 1980. Further,
if FEC Railway Company intends to further pursue its counterclaim
against Clyde Caldwell, FEC-Railway is hereby granted leave to
file a Third Party Complaint against Clyde Caldwell within
sixty (60) days from the date of entry of this Order.
DONE AND ORDERED in Ch r -at Indian River County,
Vero Beach, Florida, this day of June A. D., 1980.
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E Copies furnished to: Stephen G. Hayskar, Esquire; Chris
Searcy, Esquire; David C. Goodwin, Esquire; Everett Van
p Gaasbeck, Esquire; Lee E. Muschott, Esquire; Chester Clem,
` Esquire; and Ira Wm. McCollum, Jr., Esquire
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9RENNAN, McAULE7, MAYSKAR b McALILE1f, ATTORNEl15 AT LAW, S19 SOUTH INOIAN RIVER OR., FORT PIERCE, fLA. 33450
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