AMERICAN SEAFOOD, INC., A FLORIDA CORPORATION, COASTAL MARINE SERVICES, INC., A FLORIDA CORPORATION, AND CHRISPA, LTD., A FOREIGN CORPORATION, APPELLANTS,
v.
FIRST UNION NATIONAL BANK OF FLORIDA, A NATIONAL BANKING CORPORATION, F/K/A COMMERCIAL BANK AND TRUST COMPANY, A FLORIDA CORPORATION, ROBERT MAROON, AND HAROLD KOLB., APPELLEES

Fla. 3d DCA | 1990-06-19
No. 89-1001
Before BARKDULL, NESBITT and JORGENSON, JJ.
562 So. 2d 437 Florida District Court of Appeal, Third District (1990) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Alvarez v. De Aguirre, 395 So. 2d 213 (Fla. 3d DCA 1981) (trial judge properly denied further amendments and dismissed fifth amended complaint where case progressed to point where liberality of amendment ordinarily indulged had diminished). See also §§ 687.0303 and .0304, Fla.Stat. (1989).


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  • Gov't Emps. Ins. Co. v. Douglas, 654 So. 2d 118 (Fla. 1995)
    …o article V, section 3(b)(3) of the Florida Constitution. The district court’s decision was in accord with Nationwide Mutual Fire Insurance Co. v. Phillips, 609 So. 2d 1385 (Fla. 5th DCA 1992), and Carbonell v. Automobile Insurance Co. of Hartford, 562 So. 2d 437 (Fla. 3d DCA 1990). We, thereafter, quashed the Fifth District’s decision in Nationwide, Nationwide Mut. Fire Ins. Co. v. Phillips, 640 So. 2d 53 (Fla.1994), based on our decision in World Wide Undenvriters Insurance Co. v. Welker, 640 So. 2d 46 (Fl…
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    …UM coverage exclusions as to Class I insureds. However, if an insurer fails to satisfy the notice requirement of the statute, the law stated in Mullís governs and the exclusion is unenforceable. Carbonell v. Auto. Ins. Co. of Hartford, Connecticut, 562 So. 2d 437 (Fla. 3d DCA 1990). This reasoning follows logically from Florida’s long-standing refusal to permit insurers to “whittle away” at UM coverage with endless exclusions. Gov’t Employees Ins. Co. v. Fitzgibbon, 568 So. 2d 113, 115 (Fla. 5th DCA 1990), a…
  • Gov't Emps. Ins. Co. v. Kitteridge S. Fitzgibbon, 568 So. 2d 113 (Fla. 5th DCA 1990)
    …E LAWSUIT, SINCE THE DRIVER WAS KILLED IN THE ACCIDENT? AFFIRMED in part; REVERSED in part. GOSHORN, J., concurs. PETERSON, J., concurs in result only without opinion. . Superceded by statute, Carbonell v. Automobile Ins. Co. of Hartford, Conn., 562 So. 2d 437 (Fla. 3d DCA 1990). . See Jernigan v. Progressive American Insurance Co., 501 So. 2d 748 (Fla. 5th DCA 1987).…

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