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IN THE CIRCUIT COURT OF THE

SEVENTEENTH JUDICIAL CIRCUIT,


IN AND FOR BROWARD COUNTY,
FLORIDA
Case No. 12 - 7337(25)
CITY OF PEMBROKE PINES,
Plaintiff,
v.
CORRECTIONS CORPORATION OF
AMERICA,INC., a foreign corporation,
CCA PROPERTIES OF AMERICA,LLC,
a Tennessee limited liability company,
Defendants,

FINAL ORDER ON PLAINTIFF'S MOTION TO DISMISS DEFENDANT,


CORRECTIONS CORPORATION OF AMERICA'S AMENDED
COUNTERCLAIM
THIS CAUSE having come before the Court upon Plaintiffs Motion to Dismiss
Defendant, Corrections Corporation of America's ("CCA") Amended Counterclaim, the Court
having reviewed the file, and being otherwise duly advised in the premises, it is
ORDERED AND ADJUDGED:
1.

This Court conducted a trial on October 27-29, 2014, on the issue of whether or

not Plaintiff, the City of Pembroke Pines, had a duty to provide water and sewer service to the
CCA Property. On November 20, 2014, this Court entered an order finding that the City of
Pembroke Pines did not have any such duty. A copy of this Court's Order of November 20, 2014
is attached hereto and incorporated herein as part ofthis Final Order.
2.

On October 27, 2014, Defendant, Corrections Corporation of America's filed an

Amended Counterclaim with six counts, all of which are premised upon the Plaintiff having a
duty to provide water and sewer service to the CCA Property.
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3.

Plaintiff filed a Motion to Dismiss the Amended Counterclaim On November 24,

2014, requesting that this Court dismiss CCA's Amended Counterclaim with prejudice given the
Court's ruling of November 20, 2014.
4.

In light of the foregoing, Plaintiff's Motion to Dismiss Defendant, Corrections

Corporation of America's Amended Counterclaim is hereby granted with prejudice.


5.

This Order is without prejudice to Defendant's right to seek appellate review of

this Court's Order of November 20, 2014.


DONE AND ORDERED in Chambers in Fort Lauderdale, Broward County, Florida,
this

day of

, 2014.

THE HONORABLE CAROL-LISA PHILIPS


Circuit Court Judge

CAROL-USA PHILLIPS

Conformed Copies Furnished to:

DEC 1 1 2014
Usher L. Brown, Esq.
ulbrown@orlandolaw.net
A TRUE COPY
Vivian P. Cocotas, Esq.
vcoeotas@orlandolaw.net
Brown, Garganese, Weiss & D'Agresta, P.A.
Post Office Box 2873
Orlando, FL 32802
Counselfor City ofPembroke Pines

Leonard K. Samuels, Esq.


Isamuels@bergersingenrian.com
Paul Figg, Esq.
pfiggObergersingerman.com
Berger Singerman LLP
350 East Las Olas Boulevard, Suite 1000
Fort Lauderdale, Florida 33301
Counselfor CCA
E. Bruce Johnson, Esq.
Johnsonajambg.com
Hudson Gill, Esq.
hill ambg.com
Johnson, Anselmo, Murdoch, Burke, et al.
2455 East Sunrise Boulevard, Suite 1000\
Fort Lauderdale, Florida 33304
Counselfor City ofPembroke Pines

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