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IN THB CIRCUIT CQ !T OF THE NINETEENTH
JUDICIAL CIRCUIT, FLORIDA, IN AN
FOR SANIT LUCIE COUNTY
CIVIL ACTION NO.: 80-328-CA
BILLY RAY MOUNTS, JR. , etc. , ~~26~
@t 81.,
Plaintiffs, -
vs.
ALPHEUS FORBES, MARCAR ENTERPRISES,
INC., etc., et al.,
Defendants
O R D E R
THIS CAUSEcame on before the Court on the 12th day of August,
1980, on the Defendants' MARCAR ENTERPRISIS, Motion to Strike, and the
Court having heard argument of counsel and being otherwise"fully advised
in the premises, it is
ORDERED AND ADJUDGED as follows:
1. The Motion to Strike filed by the Defendants, on Count
I Paragraph 4 is hereby denied.
2. The Defendants Motion to Strike Count II Paragraph 3
is hereby granted on.the basis that there must be tow separate theories of
vicarious liability and direct negligence against Marcar Enterprises
in separate Paragraphs or Counts.
3. The Defendants Motion to Strike Count III Paragraph 3 _
is hereby granted.
E 4. The Defendants Motion to Strike Count IV Paragraph 3
r
is hereby granted.
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~ 5. -It-is hereby granted to the Plaintiff, to add an additional
E
Defendant in this cause.
~ 6. The Plaintiffs shall have 30 days in which to amehd the
Complaint.
DONE AND ORDERED in_ ambers at Fort P erce, Saint Lucie
~ County, Florida, this day of 19
r
€E
C
I HER$BY~CERTIFY that a copy of the foregoing has been furnished, by
mail to Wm. M. Cobb, Esq., Attorney for Plaintiffs, P.O. Box 2620, Vero Beach
Fla.,; Robin Lloyd, Esq., Attorney for Forbes, Fla. Farm., P.O. Box 3406,
Vero, Beach, Fla.; Jon Jo on Esq., A torney for Marcar, 1'.0. Box 695,
Rockledge, Fla., this day of 1980.
~0 SEP ? 2 ~ ~ 28.4926`7
FKEO ~ N~1~4p.
ST.~~~ c S ecreta o rcu t o ge
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