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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR SAINT LUCIE COUNTY,
STATE OF FLORIDA.
CASE NO. 80-345 CA
CLINTON WESTBERRY and CAROL
WESTBERRY, his wife,
Plaintiffs,
vs.
AL KIELE, et al,
Defendants.
O R D E R
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FILEO AtiO FECp~~
S R[~~RTRAS
CLERK CIRClNT COUR
RECORR 1'ERif'CO.~.
5423
THIS CAUSE having come on before .the Court upon
the Plaintiffs' Motion to Strike affirmative defenses,
and the Court having considered the same, hearing the
arguments and stipulations of counsel, and being otherwise
fully advised in the premises, it is,
ORDERED AND ADJUDGED as follows:
(1) The Motion is denied as to the third affirmative
defense of Defendants, CUSTOM and AMANN.
(2) The-Motion is denied, after proper amendment
by interlineation per the stipulation of counsel as to the
second affirmative defense of Defendants, CUSTOM and AMANN,
and the fourth affirmative defense of Defendants, KIELE
and KIELE REALTY.
(3) The Motion is granted as to the third, first
and fifth affirmative defenses of Defendants, KIELE and
KIELE REALTY, as to Count II of the First Amended Complaint.
DONE AND ORDERED in Chambers at Fort Pierce, St.
Lucie County, Florida, this ~ day of Decezpber A.D., 1980.
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C RCUIT JUDGE
Copies furnished to Robert J. Gorma~-~~Esquire; John E.
Sherrard, Esquire; and Ronald Paul Whitley, Esquire
BG~K 344 Pace 1006
ORENNAN, McALIIEr, NAYSKAR, McALIIEY 6 DECKERT. P. A., ATTORNEI15 AT LAW, POST OFFICE BOX 3779, FORT PIERCE, FLA. 33454
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