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Peninsular Fire Insurance v. Maxwell

District Court of Appeal of Florida, First District
Feb 3, 1976
326 So. 2d 45 (Fla. Dist. Ct. App. 1976)

Opinion

No. Z-379.

February 3, 1976.

Interlocutory Appeal from Circuit Court, Volusia County; P.B. Revels, Judge.

William A. Parsons, of Gosney, Haas, Cameron Parsons, Daytona Beach, for appellant.

Thomas R. Hess, of Ossinsky Krol, Daytona Beach, and Sutton G. Hilyard, Jr., Orlando, for appellee.


Upon considering the briefs, the record, and oral argument, we find that the record fails to conclusively establish that there was no genuine triable issue of a material fact as to the first loss alleged in Count I of the Complaint, but we find that the record conclusively establishes the absence of any genuine triable issue of a material fact as to the second loss alleged in Count I of the Complaint.

Accordingly, the interlocutory appeal is granted as to the first loss and the cause is remanded to the trial court for the purpose of receiving evidence as to the first loss, but the interlocutory appeal is dismissed as to the second loss.

RAWLS, Acting C.J., and MILLS and McCORD, JJ., concur.


Summaries of

Peninsular Fire Insurance v. Maxwell

District Court of Appeal of Florida, First District
Feb 3, 1976
326 So. 2d 45 (Fla. Dist. Ct. App. 1976)
Case details for

Peninsular Fire Insurance v. Maxwell

Case Details

Full title:PENINSULAR FIRE INSURANCE COMPANY, INC., APPELLANT (DEFENDANT), v. ADRIAN…

Court:District Court of Appeal of Florida, First District

Date published: Feb 3, 1976

Citations

326 So. 2d 45 (Fla. Dist. Ct. App. 1976)