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51'7654
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
ST. LUCIE COUNTY, FLORIDA
CIVIL ACTION N0. 80-19-CA
KAY AHRENS,
Plaintiff,
vs.
KRALHINKLE PHOTOGRAPHY GROUP, INC.,
d/b/a JIFFY PHOTO CENTER,
Defendant.
/
0 R D E R
THIS CAUSE came on to be heard on Defendant's Amended Motion to
Strike. Defendant's Motion for Leave to File Counter-claim and its
ore tenus motion to add additional affirmative defenses and the De-
fendant's Motion for Summary Judgment, and the Court having heard
argument of counsel, and bein~; further advised in the premises, it is
ORDERED AND ADJUDGED:
1. That paragraphs 1 and 2 of the Defendant's Amended Motion to
Strike is hereby granted and the Plaintiff is ordered to file an amend-
ment to paragraph 7 of her Amended Complaint substitutinp,"mental ang-
uish and hurt feelings" instead of "mentai pain and suffering" as pro-
vided in the Florida Standard Jury Instructions on malicious nrosecu-
tion as a proper element of damage. Additionally, the Plaintiff shall
file amendment to paragraph 7 of her Amended Complaint substituting any
earnings or work"ing time lost in the past and her loss of ability to
earn money in the future in lieu of the allegation of denial of gainful
employment for the same reasons as stated above. The Plaintiff shall
have ~~ days from the date of this Order within which to serve
such amendments.
2. Paragraph 3 of Che Defendant's Amended Motion to Strike which
goes to the legal sufficiency of the Plaintiff`s claim for uunitive
damage will be reheard when the Defendant's Mbtion for Summary Judgment
is refiled as prescribed below.
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