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IN THE CIRCUIT COURT OF TNE NINETEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR ST. LUCIE COUNTY. CIVIL ACTION.
Case No. 80-586-CA
LEROY KOUSEK, etc.,
Plaintiff,
vs.
S& P WATERS, INC., d/b/a
THURMAN'S, etc., et al.,
Defendants.
ORDER
TNIS CAUSE came before the Court on the Motion to Dismiss
filed by Defendant, S& P WATERS, INC.~ d/b/a THURMAN'S, and
Motion to Dismiss/Strike filed by Defendant, IMPERIF~L FLORZDA
OIL COMPANY, the Court having heard argument of counsel and
being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED as follows:
1. S& P WATERS' Motion to Dismiss, as it pertains to
the differentiation between the claims of the Estate and the
spouse, is granted, and Plaintiff shall have twenty (20) days
from the date of this Order within which to amend his Complaint.
2. IMPERIAL's Motion to Dismiss/Strike, as it pertains
to the differentiation between the claims of the Estate and
the spouse, is granted, and Plaintiff shall have twenty (20)
days from the date of this Order within which to amend his
Complaint.
3. All remaining portions of the Motion to Dismiss filed
by S& P WATERS are denied.
4. IMPERIAL's Motion to Dismiss/Strike, as it pertains
to Count I of Plaintiff's Complaint, is granted, and Plaintiff
shall have twenty (20) days from the date of this Order within
which to amend his Complaint.
5. IMPERIAL's Motion to Dismiss/Strike, as it pertains
to Count II of Plaintiff's Complaint, is denied.
6. All Defendants shall have twenty (20) days from the
date of Plaintiff's Amended Complaint within which to file
responsive pleadings.
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a~~x 347 P~c~ ~54
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