Arco v. State Farm Mutual Automobile Insurance

Full title: ROSALIA ARCO AND NARDO ARCO, HER HUSBAND, APPELLANTS, v. STATE FARM MUTUAL…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 17, 1981

399 So. 2d 1060 (Fla. Dist. Ct. App. 1981)

Opinion

No. 78-766.

June 17, 1981.

Appeal from Circuit Court, Palm Beach; Tom Johnson, Judge.

Ronald V. Alvarez and Larry Klein, West Palm Beach, for appellants.

Marjorie D. Gadarian of Jones, Paine Foster, P.A. West Palm Beach, for Appellee-West American Ins. Co.

PER CURIAM.

The final order granting appellee's motion to dismiss the appellants' complaint with prejudice is reversed on the authority of South Carolina Insurance Co. v. Kokay, 298 So.2d 1355 (Fla. Case No. 58,830, Opinion filed May 21, 1981).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

DOWNEY, GLICKENSTEIN and HURLEY, JJ., concur.