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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
CIVIL ACTION NO. 80-235
MICHAEL J. MITCHELL,
etc., et al,
Plaintiffs,
vs. t
HOSPITAL CORPORATION - '
OF AMERICA, etc., et al,
Defendants.
• ORDER
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THIS CAUSE came to be heard on all of the Motions of all
the Defendants directed toward the Plaintiffs' Complaint, and
the Court having heard argument of counsel and being fully advised
in the premises, it is hereby
ORDERED AND ADJUDGED that:.
1. Al1~Defendants' Motions to Dismiss Plaintiffs' Complaint i
on the ground of the Statute of Limitations are denied without
prejudice to Defendants to raise the Statute of Limitations as
an affirmative defense if they so desire; ~
2. All of Defendant BALITON'S remaining Motions are denied
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except as follows:
i
a. With regard to Counts dealing with Dr. Baliton's
failure of Board examinations, the Court reserves
ruling;
~b. Paragraph 15 is stricken with leave for Plaintiffs
to amend it to more specifically set forth proximate
cause;
c. Paragraph 18 is stricken with leave for Plaintiffs
to amend it to more specifically set forth alle-
gations of proximate cause;
s '
d. The word "horribly" is stricken from Paragraph 27;
4 e. The sentence which reads "MICHAEL J. MITCHELL and
NANCY A. MITCHELL has further spent a great deal
of extra time and effort in taking care of SEAN
MICHAEL MITCHELL because of the problems result-
ing from Defendants' negligence .over and above
the time and effort that would have been necessary
~ to spend with the child were it not for the pro-
~ blems caused by the Defendants' negligence." is
stricken from Paragraph 58, and Plaintiffs have
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