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IN THE CIRCUIT C~URT OF
THE 19TH JUDZCIAL CIRCUIT
IN AND FOR ST. LUCIE
COUNTY, FLORIDA
CASE NO. 83-290 ~A
ARPHA CHATMAN,
Plaintiff,
vs.
CAD BROWN,
Defendant.
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ORDER
THIS CAUSE came before this Court on the Plaintiff's
Motion to Dismiss Amended Counter-Claim on June 27, 1985,
and the Court having heard argument of counsel and being
otherwise fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED as fal!ows:
1. The Defendant, CAD BROWN, through his attorney,
has admitted that the damages ~rayed for in Count I relate
to the written agreements attached to the Plaintiff's original
Complaint and that such amount approximates $3,000. Further-
more, the Defendant has agreed to supply copy of the written
agreement sued upon to the Plaintiff within 20 days. Upon
these representations, the Plaintiff's Motion is denied upon
~ the condition that the written agreements be supplied to
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, the Plaintiff within 20 days.
t
¢ 2. The parties have stipulated that Count II is an
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~ indemnification count and that counter-claimant seeks only
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a judgment against the counter-defendant for sums paid to
~ East Coast Lumber and Supply. Furthermore, counter-claimant
shall supply copy of the payment and letter which counter-
~ claimant faiZed to attach to the Amended Counter-Claim, to
~ the Plaintiff within 20 days. Defendan~'s t~otion 3s to Count
II is denied upon the condition that counter-claimant supplX
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~ the payment and letter within 20 days to the Plaintiff.
~ 3. Count III fails ta sufficiently allege allegations.
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~ to constitute a cause of action for neqligence and is hereby
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~ dismissed with leave to amend within 20 days of the date
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