McDONOUGH v. O'ROURKE

No. 93-6755-CIV.

897 F.Supp. 1445 (1995)

Sharon J. McDONOUGH, as Executrix of the Estate of Paul J. McDonough, and John M. Wynn, Plaintiffs, v. Anthony J. O'ROURKE, Karen Roselli, Tina Talarchyk and The City of Coral Springs, Defendants.

United States District Court, S.D. Florida.

August 4, 1995.


Attorney(s) appearing for the Case

Richard M. Bales, Jr., Carlson & Bales, P.A., Miami, FL, for plaintiff.

Michael T. Burke, Johnson, Anselmo, Murdoch, Burke, and George, Fort Lauderdale, FL, for O'Rourke and City.

Scott W. Rothstein, Kusnick & Rothstein, P.A., Fort Lauderdale, FL, and Daniel S. Rosenbaum, Becker & Poliakoff, P.A., West Palm Beach, FL, for Roselli.

Robert H. Schwartz, Gunther & Whitaker, P.A., Fort Lauderdale, FL, for Talarchyk.


ORDER

GONZALEZ, District Judge.

THIS CAUSE has come before the Court upon Defendant TALARCHYK's Motion to Dismiss the Amended Complaint and/or Motion for Summary Judgment and Defendant City's Motion to Dismiss. Because Defendant TALARCHYK's Motion presents to matters outside the pleadings and Plaintiffs' response to the motion is supported by affidavits, the Court will treat that motion as a motion for summary judgment.

Summary Judgment...

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