HomeMy WebLinkAbout0564 498'792
IN TAE CIRCUIT COURT FOR
ST. LUCIE COUNTY, FLORIDA
CASE NO. 79-192 C.A.
MARY DURHAM LEROUX
Plaintiff
v
JOHN W. DURHAM
Defendant
O R D E R
This cause having come before the Court upon Defendant, John
W. Durham's Motion for Leave to File Amended Answer and Counter-
petition, and upon Defendant, John W. Durham's Motion for Summary
Judgment, and upon Plaintiff, Mary Durham Leroux's Motion for Pro-
tective Order, and the Court having heard argument of counsel for
the respective parties and being fully advised in the premises, it
is thereupon
ORDERED AND ADJUDGED as follows:
1. The Defendant's Motion for Leave to File Amended
~ Answer and Counterpetition is granted as to Count I of said Counter-
~ petition, and is denied as to Counts II and III of said Counter-
petition, because the contents of Counts II and III should more
properly be heard in the domestic relations side of the Court and
not in this Partition action.
2. A Partial Summary Judgment be entered herein upon
Wife's partition action and the Defendant, John W. Durham, is ordered
to pay $3,657 principal, $626.13 interest, plus costs of $34.SO,plus
i
a reasonable attorney's fee to Plaintiff's attorney in bringing said
~ action.
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t!
i
3. The Wife's Motion for Protective Order concerning
interrogatories not herein material is granted.
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RORT PIERG6. FLORIDA 3s160
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