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Home My WebLink About18755186~y • IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA RICK M. BIBEAU and KATIlLEEN . CASE NO: 80-628 CA L. ~BIREAU Plaintiffs ~ vs. • ORDER CONCERNING MOTION . TO DISMISS CONSTRUX, INC., a Florida corporation, W. J. SCHOEPFER, . and DObi~~Z~CO D'ALOIA and IDA D'ALOIA , Defendants THIS CAUSE having come on to be heard upon the Motion to Dismiss on behalf of W. J. SCHOEPFER and the Court having heard argument of counsel and being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED that the Plaintiffs' claim for attorneys' fees be and the same is hereby stricken. It is further ORDERED and ADJUDGED that the Plaintiffs' claim for equitable relief against the surveyor/defendant, W. J. SCHOEPFER, and the contractor/defendant, CONSTRUX, INC., be and the same is hereby stricken. However, the Plaintiffs are hereby given 1_eave_to file an Amended Complaint within ten days setting forth their claim for equitable relief against those defendants. It is further ORDERED and ADJUDGED that the Motion to Dismiss of the Defendant, W. J. SCHOEPFER, be and the sar~e is hereby yranted in that the Plaintiffs are hereby given ten days to file an Amended Complaint setting forth with greater specificity the alleged error committed by the surveyor or to allege that the Plaintiffs are unable to determine what that error was and, further, attaching a copy of the written contract between the surveyor and the general contractor.or alleging the general terms of that contract or alternatively alleging that the Plainti~fs are without knowledge as to th~. terms of the contract. DOyE AND ORDERED i Chambers at Fort Pierce, St. Lucie County, Florida, this ay of February, 19 . ~ ! ~ .~ ~ ~ t ourt` ge conformed cop~es: ~ ~R -2 ~ 2: 3a ~~~,~9 J. Terrence McManus, Esquire ~. Guy R. Bruni, Esquire ~ John R. W. Parsons, Esquire ~ Eugene A. Peer, Esquire ~ f ~ . , - - -~` fIL[0 RN ~ i~ ~ORt~ 0 ST.tUI:IE CI1NfY.itA_ R08ER POITRAS CLERK CIRLUT CCUR~~ 't:x:;~(1:•'~t! i:; _~ - n~~K3~9 P~Gfi874