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IN '1'NB CIRCUIT COORT OF TAB NINETEENTH
JUDICIAL CIRCUIT IN AND FOR
SAINT LUCIE COONTY, FLORIDA
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CASE NO: 78-547-CA Judge Lewis d,
SBBLBY BURCB, JOS BURCA, s .
CLARE 8~,
Plaintiffs,
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vs. - ORDER
:
STATE PAVING CORPORATIOp and
DALCAlO', INC.,
Defendants.
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IBIS CADSS having cone on for hearing before the t
Honorable Charles B. Smith oa August 11, 1980, upon Defendant,
STATE PAVING CORPORATIOI~'s Lotion to Dismiss Counterclaim,
Notion to Strike, Notion to Strike Burchs' Claim for Attorneys'
Fees and Notion to Strike Bnrchs' Claim for Punitive Damages,
and the Court having heard argtuients of counsel and being otherwise
folly advised in the premises, it is hereby;
ORDERED AND ADJUDGED as follows:
1. Defendant, STATE PAVING CORPORATION'S Notion to
Disaiss Counterclaim of the Plaintiffs herein is hereby
granted and the Counterclaim is hereby dismissed without
prejudice.
2. In light of the Court's rnlinq on the Notion to
Dismiss Counterclaim, STATE PAVING CORPORATION'S Motion to Strike,
Notion to Strike Burchs' Claim for Attorneys' Fees and Motion to
~ Strike Burchs' Claim for Punitive Damages are moot.
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3. Plaintiff is hereby granted leave to amend its t:
A
f Complaint .should they wish to do so and said amendment shall be ~
filed within days from the date of this Order.
DONE' AND ORDERED fn Cha~ebers at ort..P rce, Saint Lucie
County, Florida, this day of , 1980. ,
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Copies Furnished To: 4~~Q
Barry Webber, Esquire ~Q cep 12 Aft ~ 25 ~
Edwin R. Ivy, Esquire ,
John T. Brennan, Esquire f~.[o ~r~ Fcco~o
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P~OiTRASA
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