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Judge denies motion to dismiss 5 defendants in Boevers’ libel/slander case

Ron Cardwell

Mike Fina

Vernon Woods

Donnie Robinson

By Matt Montgomery

Editor’s note: The Piedmont-Surrey Gazette could not locate a photograph for William Long. The story below is just the result in a motion to dismiss in a lawsuit filed by local developer Phil Boevers against numerous parties. The case is ongoing and The Gazette will update information as the case progresses.

Canadian County District Judge Gary E. Miller denied a motion to dismiss defendants Mike Fina, Vernon Woods, Ron Cardwell, William Long and Donnie Robinson (FWCLR) as “defendants” in the Phil Boevers libel/slander case, Friday morning.

In legal documents filed in Canadian County District Court (CJ-2012-46), attorneys for the defendants wrote in their conclusion “The amended petition must be dismissed with prejudice. Plaintiff has failed to provide even a modicum of facts for the court to determine, under the most liberal of standards, which Plaintiff could prevail in its suit. Over two years have passed since Plaintiff filed the Jan. 19, 2012, Petition, and naming FWCLR defendants 2 1/2 years later is too late.”

Attorneys representing the five defendants made arguments to the judge, but most specifically wanted the judge to consider the statute of limitations in this case, before he made his ruling. The attorneys for the defendants cited several cases in their brief to the court including, Kanuebbe v. McCuistion and Graves v. Foster.

In his conclusion, Judge Miller said to the attorneys, “Based upon the pleas that you have filed, at this time, I’m going to find that there is a possibility that when a party has deliberately hidden their identity, then that changes the statue of limitations. Based upon that, I am going to deny the motion to dismiss.”

Boevers’ attorneys said they were pleased with the judge’s decision to deny the five defendants a dismissal as “defendants” from the lawsuit.

For more information about the libel/slander lawsuit, visit the archives of www.piedmontnewsonline.com or visit oscn.net and click “search dockets.” Then find Canadian County and type in case number CJ-2012-46.

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