HomeMy WebLinkAbout0937 mere breach of contract before an action in negligence can
proceed to be persuasive.
3. Counts II, III, IV and V are dismissed be~ause
the Court does not feel it has subject matter jurisdiction.
In so ruling the Court finds the limitation of liability
clauses contained in each contract to be enforceable and there-
fore the proper forum for this action is County Court, Elec~ronic
Security Systems Corporation, supra.
- The Court also notes that the Allen, Rozeboom and
Discount Fabric House cases exten5ively relied upon by
Plaintiffs in their Memorandum were specifically rejected in
a footnote in Electronic Security Systems Corporation, supra.
Further, the Court does not feel Ivey Plants, Inc., v FMC
Corporation, 282 So. 2d 205 (Fla. 4th DCA, 1973) cited by
Plaintiffs is on point with the instant case. The Defendants in
: this case have not totally exonerated themselves from liability.
' They have simply limited thei~ liability.
4. In light of the Court's rulings herein, it need
' not address Defendants' Motion to Sever. However, should the
Plaintiffs eZect to file amended pZeadings, the Court would be
- of the inclination to require separate lawsuits by each
Plaintiff. Thereafter, discovery could be consolidated for
purposes of judicial economy.
5. ShouZd Plaintiffs elect to file amended pleadings in
~ this Court, they shall have twenty days to do so, after which
Defendants shall have twenty days to respond. Otherwise,
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> Plaintiffs shall file separate actions in the County Court of
St. Lucie County, Florida.
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_ DONE AND ORDERED in Fort Pierce, St. Lucie County, .
Florida, this.3~day of December, 1986.
~
Scott M. Kenney
Circuit Judqe
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:
Robin M. Petersen, Esquire
wade R. Byrd, Esquire ~C 3) l~2 ,
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