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DENNIS BROCKWAY and SHERRY
BROCIC~VAY, his wife,
Plaintiffs,
vs.
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, IN r'~;+~D FOR SAINT
LUCIE COUNTY, FLORIDA.
CASE NO. 80-683 CA
JAMES HO:VARD CAYSON, individually
and d/b/a CASEY'S BOTTLE CLUB and
LARRY GARRIS,
Defendants.
/
ORDER
THIS CAUSE having come before the undersigned upon the
Motion to Dismiss and Motion to Strike of the Defendant, JAM.ES HOWARD
CAYSON, and having heard argument of counsel and having further reviewed
the record and being otherwise advised in the premises, it is accordingly,
ORDERED AND ADJUGED as follows:
1. Defendant's Motion to Dismiss is denied and Defendant
shall have twenty (20) days within wh~ch to file a resoonsive pleading
herein; ~
2. Defendant's Motion to Strike is granted in part and
denied in part. It is granted to the extent that the following language
in Count III, Paragraph 5, is hereby striken and shall have no further
force or effect in this cause whatever:
... has suffered mental anguish by being
forced to witness the suffering endured by her
husband, whereby her own nerves and health have
been seriously and permanently shocked, weakened
and impaired and by reason of the physical and
mental condition of her husband, she still continues
to suffer in mind and body, and ...
Defendant's ~iotion to Strike is other~aise denied.
DONE AND ORDERED this 3~ day of L~ ~„i ,
~
1981, in Chambers, City of Ft. Pierce, St. Lucie County, F'lorida.
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DGE P~
E
,
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~~..._ __.~ __- .
~~
G.
~~~348 P~~~371
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