ESTERS DAVIS AND EURIE DAVIS, INDIVIDUALLY, APPELLANTS,
v.
INDUSTRIAL FIRE AND CASUALTY INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1983-05-17
No. 82-1223
Before HENDRY, BASKIN and FERGUSON, JJ.
431 So. 2d 325 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants seek reversal of a summary final judgment entered in favor of appellee in an action for declaratory decree alleging that appellee had refused to pay uninsured motorist benefits on the grounds that appellants had rejected UM coverage.

The record on appeal discloses that there are genuine issues of material fact which have not been eliminated by the appellee as movant for summary judgment. Accordingly, the judgment appealed is reversed for further proceedings.

Reversed.


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  • Williams v. State, 439 So. 2d 1014 (Fla. 1st DCA 1983)
    …nd in Green v. State, 408 So. 2d 1086 (Fla. 4th DCA 1982), involving defendant’s convictions for murder of a man and for an assault on a woman in the same hotel parking lot and within a few seconds of the time of the murder. See also Davis v. State, 431 So. 2d 325 (Fla. 3d DCA 1983). The offenses charged in the case before us apparently occurred on different days and involved different victims, none of whom were witnesses to any of the other offenses. We conclude that they are not related in the Paul sense.3…

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