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IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT IN AND
FOR ST. LUCIE COUNTY, FLORIDA
CASE NO. 86-854 CA 03 '
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FLORIDA $AR NO. 352942
JOEL NICHOLSON and JOHN
NICHOLSON,
Plaintiffs, ;
vs. ORDER ON MOTIOI~-"~TO DISM~SS
AND/OR STRIKB~~OF LEAD~R
LEADER NATIONAL INSURANCE NATIONAL INSURAENCE COMPANY
COMPANY, etc., et al.,
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Defendants.
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f'
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THIS CAUSE came to be heard upon the Motion to Dismiss
and/or Strike of LEADER NATIONAL INSURANCE COMPANY and the Court
having heard argument of counsel, and being otherwise fully
advised in the premises, it is thereupon;
ORDERED AND ADJUDGED that the Motion is granted in part
and denied in part as follows:
1) The Motion to Dismiss Counts I and II based on
insufficient allegations is hereby denied.
. 2) The Motion to Strike the fraud allegations
contained in the allegations common to all counts is hereby
granted as Count II does not request punitive damages. Plaintiff
'i will have twenty days to amend. ~
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3) The Motion to Strike the reference in Count I that
the Plaintiff's credit has k~een deleteriously affected is hereby
granted with leave to the Plaintiff to allege that matter as a
fact and not as an element of damage into the allegations common
to all counts.
4) The ore tenus motion assaciated with the Motion to
Dismiss requesting that the Court strike reference to prejudgment
interest in Counts I and II is hereby denied.
5) The Plaintiff will be allowed ~o amend tc, include a
; new count for violations of Florida Statute 627.155 and shall be
required to incorporate by reference or set out more specifically
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