Opinion
Case No. 8:07-cv-1438-T-30TGW.
January 17, 2008
ORDER
THIS CAUSE comes before the Court upon Defendant's Notice of Withdrawal of Motion for Summary Judgment (Dkt. 17). The Court will construe the Notice as a motion to withdraw Defendant's Motion for Summary Judgment or in the Alternative to Dismiss Counts I and II of the Complaint (Dkt. 10), and the supporting affidavit of Andrew Jackson (Dkt. 11).
Upon consideration, it is ORDERED AND ADJUDGED that:
1. Defendant's construed motion to withdraw its motion for summary judgment and the affidavit of Andrew Jackson is GRANTED.
2. The Clerk is directed to TERMINATE Defendant's Motion for Summary Judgment or in the Alternative to Dismiss Counts I and II of the Complaint (Dkt. 10).
DONE and ORDERED in Tampa, Florida