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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT ~
IN AND FOR ST. LUCIE COUNTY,
FLORIDA.
CASE NO. 80-84 CA
BETTY J . MORSE , ~
Plaintiff,
-vs-
CARL 8. SMITH, an individual 4~
d/b/a ATLANTIC FIBERGLASS POOLS,
• 1980 JUt. -T AM 1~ 10 ,
Defendant.
CLERK CIRCtN~ CENlItT
lla:ste~o «eK~cn.~
O R D E R -
UPON Plaintiff's Motion to Sever Counts I, II and III,
after argument of counsel, the court being otherwise fully advised
of the premises, it is
ORDERED AND ADJUDGED that Plaintiff's Motion to Sever
Counts I, II and III for trial, is granted. It is further
ORDERED AND ADJUDGED that Count IV will be tried without
a jury, the Court considering the same testimony and evidence pre-
sented during the jury trial. It is further -
ORDERED AND ADJUDGED, pursuant to agreement of counsel,
' that counsel for the Plaintiff and counsel for the Defendant will
i
~ prepare Findings of Fact and Conclusions of Law prior to the commence-
went of the jury trial. The Court will thereafter return a verdict
on Count IV of the Complaint and the verdict will be sealed until
after the jury verdict is published in open Court.
In the event that the jury returns a verdict prior to the
Court's verdict,-the jury's verdict shall be sealed until after the
Court determines it's verdict. The jury's verdict will be published
ahead of the Court's verdict and if the jury returns the verdict. in
favor of the Plaintiff, Count IV of the Complaint w' 1 be dismissed.
- DONE AND ORDERED this day of , 1980,-in
chambers, at Fort Pierce, St. Lucie County,
C JUDG
Copies furnished to:
STEPHEN TEIRNEY, III, ESQUIRE
MICHAEL P. LESNIAR, ESQUIRE
1/1INES ~ L.ESNIAK, P.A., ATTORNEYS AT LAW P.O. DRAWER 3351 FORT PIERCE, FLORIC+A 33450 • TELEPHONE 305-461-2500