MARLENE GALLARDO, APPELLANT,
v.
TOWER HILL SIGNATURE INSURANCE COMPANY, APPELLEE
MARLENE GALLARDO, APPELLANT,
TOWER HILL SIGNATURE INSURANCE COMPANY, APPELLEE
229 So. 3d 434
Florida District Court of Appeal, Third District (2017)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Marlene Gallardo appeals the trial court’s entry of final summary judgment in favor of appellee, Tower Hill Signature Insurance Company.
Appellee properly and commendably concedes error in light of this court’s recent decisions Siegel v. Tower Hill Signature Ins. Co., 225 So.3d 974 (Fla. 3d DCA 2017) and Francis v. Tower Hill Prime Ins. Co., 224 So.3d 259 (Fla. 3d DCA 2017), each of which was issued after the trial court’s entry of judgment in the instant case.
Given appellee’s concession of error, and upon our own review of the record in this case, genuine issues of material fact remain in dispute and we therefore reverse the final summary judgment and remand for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fuller v. State, 257 So. 3d 521 (Fla. 5th DCA 2018)…y have led the jury in this case to conclude "that [Fuller]'s use of deadly force was inappropriate because he was engaged in unlawful activity [i.e., possession and perhaps use of illegal drugs] and therefore had a duty to retreat." Eady v. State , 229 So. 3d 434, 438 (Fla. 2d DCA 2017). However, here, the error was that of defense counsel who specifically requested this instruction even after the trial court repeatedly and plainly expressed the opinion that this instruction did not apply. The concept of fun…
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Fuller v. State (Fla. 5th DCA 2018)
Authorities Cited
- Siegel v. Tower Hill Signature Ins. Co., 225 So. 3d 974 (Fla. 3d DCA 2017)
- Latonya Francis v. Tower Hill Prime Ins. Co., 224 So. 3d 259 (Fla. 3d DCA 2017)