PILAR NAVARRO, APPELLANT,
v.
YOSEMITE INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1971-11-02
No. 71-426
Before SWANN, C. J., and CHARLES CARROLL and HENDRY, JJ.
254 So. 2d 33 Florida District Court of Appeal, Third District (1971) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from the entry of a summary final judgment declaring that the appellant, as an omnibus insured, was not covered under the named insured’s motorist endorsement. The point on appeal here has been dealt with by our Supreme Court in the recent case of Mullis v. State Farm Mutual Automobile Insurance Co., Fla.1971, 252 So.2d 229. The court’s holding therein is controlling authority for reversal of the judgment entered in the instant case.

Therefore the judgment appealed is reversed and remanded for further proceedings.

Reversed and remanded.


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  • State v. White, 324 So. 2d 630 (Fla. 1975)
    …o the person of another, coupled witli an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Section 784.011(1), Fla.Stat. (Supp.1974). . See e. g., Munday v. State, 254 So. 2d 33 (3d DCA Fla.1971); Bass v. State, 232 So. 2d 25 (1st DCA 1970), and Albright v. State, 214 So. 2d 887 (2d DCA Fla.1968). . State v. Wilson, 276 So. 2d 45 (Fla.1973). . The crimes of battery and aggravated battery cover those situations where actua…
  • W.E.P., Jr. v. State, 790 So. 2d 1166 (Fla. 4th DCA 2001)
    …ms that it offered proof of intentional conduct because appellant “hit” the victim with his truck by spinning the truck or taking off down the road with the victim still attached to the truck. We disagree, This case is analogous to Munday v. State, 254 So. 2d 33, 34 (Fla. 3d DCA 1971), where Munday ran an automobile “against” the complaining witness while he was attempting to keep Munday from moving the car which the witness had partially blocked in. Because the evidence as a whole was “as susceptible of th…
  • Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988)
    …s of founded threats suggested by the state on this evidence is to engage in pure speculation, which we are not permitted to do. The evidence in this case is equivocal at best and does not support the conviction of lewd assault. Cfi Munday v. State, 254 So. 2d 33 (Fla. 3d DCA 1971).4 [*376] It must be made perfectly clear that we do not for an instant condone the conduct of which the defendant was found guilty by the jury; such acts of exposure were clearly vulgar, lewd, indecent, and offensive. But it is ou…

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