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IN THB CIRCUIT COUItT OF THB
NINBTBBNTH JUDICIAL CIRCUIT IN
AND FOR ST. LUCIS COUNTY,
FLORIDA • ~
CASE NO. 80-321-CA
~DAVID GOODWIN,
Plaintiff,
-vs-
GENERAL MOTORS CORPORATION,
Defendant.-
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O R D E R
TeIS CAUSB having come on to be heard upon the Defendant
GENERAL MOTORS' motion to dismiss and/or••strike, and this Court
having duly considered the same, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Defendant's motion to dismiss and/or strike be
and the same is hereby denied.
2. That this Court finds and determines from the terms
of the complaint set forth herein that Count I of the eomplaint is
an action for recision based upon breach of contract, breach of
implied warranties, merchantability and fitness for use, and is an
. action for the equitable remedy of recision.
3. That Count II, is an action for monetary damages,
for actual, consequential damages, based upon the failure of the
vehicle to be merchantable and fit for use.
4. Count III, is not dismissed or striken from the
complaint, but the Court will demand strict proof prior to
entering any Order enjoinfng the Defendant G ENERP,L MOTORS from
advertising its automobiles as set forth under the terms of the
complaint. ~
5. That the Defendant's prayer for attorney's fees is
predicated upon the Magnuson, Moss warranty law, and F.S. 57.105.
DONE AND ORDERED in Chambers, this ~~~day of
~~ , 1981.
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