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IN THB CIRCUIT COURT OF TH8 NINETEENTH
JUDICIAL CIRCUIT OF FIARIDA, IN AN
FOR SAINT LUCIS COUNTY
CIVIL ACTION NO.: 80-329 CA
GARY EUGENB BURFORD, JR., a minor, ~ ~~2~
etc., et al.,
Plaintiffs,
vs.
ALPHEUS FORBES, et al . , ~ $~p 12 ~ ~ $ 2~•
Defendants T ~?re Fc t~ ~
~R~T~
q.ERK CIRWIt
nFCam ~rta~F~eoa~.~-_.-.,
DRDER 4~~8
THIS CAUSE came on before the Court on the 12th day of August,
1980, on the Defendants' MARCAR ENTERPRISES, Motion to Strike, and the
Court having heard argument of counsel and being otherwise fu~llq advised
in the premises, it is
ORDERED AND ADJUDGED as follows:
1. The Motio{~ to Strike filed by the Defendants, on Count
I Paragraph 4 is hereby denied.
Z, the Defendants Motion to Strike Count II Paragraph 3
is hereby granted on the basis that there must be two separate-theories of
vicarious .liability and direct negligence against Mar-car Enterprises
in separate Paragraphs or Counts.
3. The Defendants Motion to Strike Count III Paragraph 3
is hereby. granted. -
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4. The Defendants Motion to Strike Count IV Paragraph 3
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is hereby granted.
5. It is hereby granted to the Plaintiff, to add an additional
Defendant in this cause.
6. The Plaintiffs shall have 3~ days in which to amend the'
Complaint.
DONE AND ORDERED in ambers at For Pierce, Saint Lucie
County, Florida, this day o 1980
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I HEREBY CERTIFY theta copy of the foregoin has been furnished, by
? mail to Wm.M. Cobb, Esq.,Attorney for Plaintiffs, P.O. Box 2620, Vero Beach,
Fla.,; Rabin Lloyd, Esq., Attorney for Forbes, F1~. Farm., P.O. Bou 3406,
Vero, Beach, Fla. Jon Johnson Esq. Attorney for Marcar, P.O.Box 695
Rockledge, Fla., this 7[A day of 1980.
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! •
PA~6E1~ Secretary o rc t Judge
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