Opinion
No. 80-718.
December 16, 1980.
Appeal from Circuit Court, Dade County; James H. Earnest, Judge.
Talburt, Kubicki Bradley and Betsy E. Hartley, Miami, for appellant.
Horton, Perse Ginsberg, Ratiner Glinn, Miami, for appellee.
Before HUBBART, C.J., and HENDRY and SCHWARTZ, JJ.
The summary final judgment under review is reversed upon the appellee's confession of error and the cause is remanded to the trial court with directions to enter a declaratory judgment that the $4,000 deductible in the subject insurance policy should be subtracted from the PIP benefits otherwise due each of the three injured insureds. § 627.739, Fla. Stat. (1979); see Industrial Fire and Casualty Insurance Casualty Co. v. Cowan, 364 So.2d 810 (Fla. 3d DCA 1978).