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BARBARA JORDAN HYLTO~, an
Incompetent, by her Father
and next friend, BOBBY CONNELL
PANDARVIS,
Plaintiff,
vs .
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR SAINT
LUCIE COUNTY, FLORIDA.
CASE NO. '79-383 CA
ROBERT HYLTON and LARRY JORDA:J,
Defendants.
ORDER
TIiIS CAUSE having come before the undersigned on December
17, 1980, upon the biotion of the Defendant, LARRY JORDAN, to dismiss
the Second Amended Complaint, and having heard argument of counsel,
having reviewed the record and being otherwise advised in the premises,
it is accordingly,
ORDERED AND ADJUDGED that Defendant's Motion is denied.
Such ruling is based specifically upon the following findings:
a. Count II of the Second Amended Complaint is, in reality, an
~meo~ir:~nt of three separate counts, one each for reduction of a foreign
judgment to a Florida judgment, fraud, and punitive damages;
b. With respect to the Count seeking imposition of liability
for fraud as to LARRY JORDAN, there is no contention or allegation of
an actual misrepresentation of material fact by the Defendant to
BARBARA HYLTOti. Rather, the alleged fraud is constructive fraud based
upon an allegation th~~t LARRY JORDAN dealt with BARBARA HYLTON sui juris
when he actually knew she was legally incompetent.
DONE AND ORDERED this ~ day of ~t , ,
1980, in Chambers, in the City of Ft. Pierce, County of St. Lucie,
Florida.
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`~ ILIP G. NOURSE
CIRCUIT JUDGE
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