LUCINDA JOHNSON, ET VIR., APPELLANTS,
v.
THE SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, APPELLEE

Fla. 5th DCA | 1980-10-22
No. 79-290
ORFINGER and SHARP, JJ., and BAKER, JOSEPH P., Associate Judge, concur.
389 So. 2d 332 Florida District Court of Appeal, Fifth District (1980) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The summary final judgment entered herein is reversed and the cause is remanded for further proceedings, on the authority of State Farm Insurance Company v. Bergman, 387 So. 2d 494 (Fla. 5th DCA, 1980).

REVERSED and REMANDED.

ORFINGER and SHARP, JJ., and BAKER, JOSEPH P., Associate Judge, concur.


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  • …PER CURIAM. The decision of the district court of appeal, 389 So. 2d 332, is approved on the authority of Hartford Accident & Indemnity Co. v. Lackore, 408 So. 2d 1040 (1982). SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.…
  • Lucinda Johnson v. The Shelby Mut. Ins. Co. of Shelby, 412 So. 2d 864 (Fla. 5th DCA 1981)
    …PER CURIAM. Appellee’s “Motion to Stay” will be treated as a motion to clarify our brief opinion to certify conflict, 389 So. 2d 332, so further review will not be precluded. The decision sub judice by relying on State Farm Mutual Insurance Company v. Bergman, 387 So. 2d 494 (Fla. 5th DCA 1980), is in direct conflict with Carter v. Government Employee’s Insurance Company, 377 So.…

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